text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Environmental
Research Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish an integrated and
comprehensive ocean, coastal, Great Lakes, and atmospheric research,
prediction, and environmental information program to support renewable
energy.
SEC. 3. RENEWABLE ENERGY RESEARCH PLAN.
(a) In General.--The Administrator shall develop a plan--
(1) to define requirements for a comprehensive and
integrated ocean, coastal, Great Lakes, and atmosphere science
program to support renewable energy development in the United
States based on the public hearings, public comments, and a
review of scientific and industry information;
(2) to identify and describe current climate, weather, and
water data programs, products, services, and authorities within
NOAA relevant to renewable energy development;
(3) to provide targeted research, data, monitoring,
observation, and other information, products, and services
concerning climate, weather, and water in support of renewable
energy and ``smart grid'' technology, including research to
accurately quantify the downstream micro-climate impacts of
wind-power turbines;
(4) to provide research, data, monitoring, and other
information, products, and services to inform renewable energy
decisions concerning coastal and marine habitats, living marine
resources and the ecosystems on which they depend and coastal
and marine planning; and
(5) to reduce duplication and leverage the resources of
existing NOAA programs through coordination with--
(A) other offices and programs within NOAA,
including the atmospheric, ocean, and coastal
observation systems;
(B) Federal, State, tribal, and local observation
systems; and
(C) other entities, including the private sector
organizations and institutions of higher education; and
(6) to facilitate public-private cooperation, including
identification and assessment of current private sector
capabilities.
(b) Public Hearings.--In developing the plan, the Administrator
shall provide public notice and opportunity for 1 or more public
hearings and shall seek comments from Federal and State agencies,
tribes, local governments, representatives of the private sector, and
other parties interested in renewable energy observations, data, and
use in order to improve NOAA climate, weather, and water observation
data products and services to more effectively support renewable energy
development.
SEC. 4. ESTABLISHMENT OF RESEARCH, PREDICTION, AND ENVIRONMENTAL
INFORMATION PROGRAM.
(a) In General.--Within 18 months after the date of enactment of
this Act, the Administrator shall establish a program to develop and
implement an integrated and comprehensive ocean, coastal, Great Lakes
and atmosphere research and operations program, based on the plan
required by section 3, to support renewable energy development in the
United States.
(b) Program Components.--At a minimum, the program shall include--
(1) improvements in coordinated climate, weather, and water
research, monitoring, and observations to support--
(A) renewable energy development; and
(B) the understanding and mitigation of the impact
of renewable energy development on living marine
resources, including protected species and the marine
and coastal environment;
(2) coordinated weather, water, and climate prediction
capability focused on renewable energy and ``smart grid''
technology to provide information and decision services in
support of renewable energy development;
(3) support for the transition to, and reliable delivery
of, sustained operational weather, water, and climate products
from research, observation, and prediction outputs;
(4) means of identifying biological and ecological effects
of marine renewable energy development on living marine
resources, the marine and coastal environment, marine-dependent
industries, and coastal communities;
(5) baseline ecological characterization, including
research, data collection, and mapping, of the coastal and
marine environment and living marine resources for marine
renewable energy development;
(6) avoidance, minimization, and mitigation strategies to
address the potential impacts of marine renewable energy on the
marine, coastal, and Great Lakes environment, including
developing effective monitoring protocols, use of adaptive
management, informed engineering design and operating
parameters, and the establishment of protocols for minimizing
the environmental impacts of testing, developing, and deploying
marine renewable energy devices;
(7) support for the development of marine special area
management plan by states as defined by the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.) that would
support renewable energy development consistent with natural
resource protection and other coastal-dependent economic
growth;
(8) comprehensive digital mapping, modeling, and other
geospatial information and services to support planning for
renewable energy and stewardship of ecosystem and living marine
ecosystems, including protected species, in ocean and coastal
areas;
(9) a coordinated approach for examining and quantifying
the micro-climate impacts of wind-power farms on soil
transpiration and drying; and
(10) provision for outreach to the public and private
sector about program research, information, and products,
including making non-proprietary information and best
management practices developed under this program available to
the public.
(c) Use in Agency Decisions.--The program established under
subsection (b) shall be designed to collect, synthesize, and distribute
data in a manner that can be used by marine resource managers
responsible for making decisions about marine renewable energy
projects. The Army Corps of Engineers, Department of Commerce, Minerals
Management Service, Federal Energy Regulatory Commission, and
Department of Energy shall consider this information when making
planning, siting, and permitting decisions for marine renewable energy.
(d) Support for Public-Private Cooperation.--To the extent
practicable, in implementing the program established under this
section, the Administrator shall seek appropriate opportunities to
facilitate and expand cooperation with private sector entities to
develop and expand information services that serve the renewable energy
industry.
SEC. 5. BIENNIAL REPORTS.
Not later than 2 years after the date of the enactment of this Act
and every 2 years thereafter, the Administrator shall prepare and
transmit a report to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on Natural
Resources, and the House of Representatives Committee on Science and
Technology on progress made in implementing this Act, including--
(1) a description of activities carried out under this Act;
(2) recommendations for priority activities under this Act
for fiscal years beginning after the date on which the report
is submitted; and
(3) funding levels for activities under this Act in those
fiscal years.
SEC. 6. LIBRARY.
Within 1 year after the date of the enactment of this Act, the
Administrator, in consultation with relevant Federal agencies, shall
establish a renewable energy information library and data portal. The
library shall include, at a minimum--
(1) links to data and information products for use in
renewable energy development;
(2) links to planning and decision support tools for use in
renewable energy development;
(3) data about the baseline condition of ocean and coastal
resources; and
(4) links to digital mapping and geospatial information,
products, and services described in section 4(b).
SEC. 7. FEDERAL COORDINATION.
In carrying out activities under this Act, the Administrator shall
coordinate with the Secretary of the Interior, the Secretary of Energy,
the Secretary of Transportation, the Secretary of Defense, the Federal
Energy Regulatory Commission, the Department in which the Coast Guard
is operating, and the heads of other relevant Federal agencies.
SEC. 8. AGREEMENTS.
The Administrator may enter into and perform such contracts,
leases, grants, cooperative agreements, or other agreements and
transactions with any agency or instrumentality of the United States,
or with any State, local, tribal, territorial or foreign government, or
with any person, corporation, firm, partnership, educational
institution, nonprofit organization, or international organization as
may be necessary to carry out the purposes of this Act.
SEC. 9. AUTHORITY TO RECEIVE FUNDS.
The Administrator may accept, retain, and use funds received from
any party pursuant to an agreement entered into under section 8 for
activities furthering the purposes of this Act.
SEC. 10. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE.
(a) In General.--Any offshore exploration and production facility,
at the discretion of the Administrator, may execute a memorandum of
understanding authorizing the use of offshore platforms and
infrastructure for the placement of meteorological and oceanographic
observation sensors of a type to be designated by the Administrator in
support of the Integrated Ocean Observing System.
(b) Availability of Information.--All information collected by such
sensors will be managed by NOAA and be readily available for use in
spill response as well as available to the National Weather Service,
other NOAA programs, and the general public.
SEC. 11. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of NOAA.
(2) Marine renewable energy.--The term ``marine renewable
energy'' means any form of renewable energy derived from the
sea including wave energy, tidal energy, ocean current energy,
offshore wind energy, salinity gradient energy, ocean thermal
gradient energy, and ocean thermal energy conversion.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Implementation and Execution.--There are authorized to be
appropriated to the Administrator $100,000,000 for each of fiscal years
2010 through 2014 to carry out this Act.
(b) Grants to Educational Institutions and Coastal States.--Of the
amounts appropriated pursuant to subsection (b), the Administrator
shall make up to 50 percent available to educational institutions, and
to States with coastal zone management programs approved under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), to carry
out activities that support the program established under section 4.
SEC. 13. SAVINGS PROVISION.
Nothing in this Act shall be construed to supersede or modify the
jurisdiction, responsibilities, or authority of any Federal or State
agency under any provision of law in effect on the date of enactment of
this Act. | Renewable Energy Environmental Research Act of 2009 - Requires the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration (NOAA) to develop a plan to: (1) define requirements for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development; (2) identify and describe current climate, weather, and water data programs, products, services, and authorities within NOAA relevant to such development; (3) provide targeted research, data, monitoring, observation, and other information, products, and services concerning climate, weather, and water in support of renewable energy and smart grid technology; (4) provide research, data, monitoring, and other information, products, and services to inform renewable energy decisions concerning coastal and marine habitats, living marine resources and the ecosystems on which they depend, and coastal and marine planning; (5) reduce duplication and leverage the resources of existing NOAA programs; and (6) facilitate public-private cooperation.
Requires the Administrator to establish a program to develop and implement an integrated and comprehensive ocean, coastal, Great Lakes, and atmosphere research and operations program, based on such plan, to support renewable energy development. Enumerates program components.
Requires the program to be designed to collect, synthesize, and distribute data in a manner that can be used by marine resource managers responsible for making decisions about marine renewable energy projects. Requires the Army Corps of Engineers, Department of Commerce, Minerals Management Service, Federal Energy Regulatory Commission (FERC), and Department of Energy (DOE) to consider this information when making planning, siting, and permitting decisions for marine renewable energy.
Requires the Administrator to: (1) seek opportunities to facilitate and expand cooperation with private sector entities to develop and expand information services that serve the renewable energy industry; and (2) report to specified congressional committees every two years on activities carried out under this Act, recommendations for priority activities under this Act, and funding levels for activities.
Requires the Administrator, within a year of this Act's enactment, to establish a renewable energy information library and data portal, which shall include: (1) links to data and information products for use in renewable energy development; (2) links to planning and decision support tools for use in renewable energy development; (3) data about the baseline condition of ocean and coastal resources; and (4) links to digital mapping and geospatial information, products, and services.
Gives the Administrator the discretion to allow any offshore exploration and production facility to execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by the Administrator in support of the Integrated Ocean Observing System. Requires information collected by such sensors to be readily available for use in spill response as well as available to the National Weather Service, other NOAA programs, and the general public.
Authorizes appropriations for FY2010-FY2014. | {"src": "billsum_train", "title": "A bill to establish, within the National Oceanic and Atmospheric Administration, an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research, prediction, and environmental information program to support renewable energy."} | 2,190 | 652 | 0.779899 | 2.686007 | 0.767366 | 6.875 | 3.559122 | 0.966216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RAFT (Restore Access to Foreign
Trade) Act''.
SEC. 2. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS FOREIGN
BASE COMPANY INCOME.
(a) Elimination of Foreign Base Company Shipping Income.--Section
954 of the Internal Revenue Code of 1986 (relating to foreign base
company income) is amended--
(1) by striking paragraph (4) of subsection (a) (relating
to foreign base company shipping income), and
(2) by striking subsection (f) (relating to foreign base
company shipping income).
(b) Conforming Amendments.--
(1) Subparagraph (D) of section 904(d)(2) of such Code
(relating to the definition of shipping income for purposes of
the foreign tax credit) is amended to read as follows:
``(D) Shipping income.--
``(i) In general.--The term `shipping
income' means income derived from, or in
connection with, the use (or hiring or leasing
for use) of any aircraft or vessel in foreign
commerce, or from, or in connection with, the
performance of services directly related to the
use of any such aircraft, or vessel, or from
the sale, exchange, or other disposition of any
such aircraft or vessel.
``(ii) Special rules.--
``(I) Such term includes dividends
and interest received from a foreign
corporation in respect of which taxes
are deemed paid under section 902
(other than dividends from a
noncontrolled section 902 corporation
out of earnings and profits accumulated
in taxable years beginning before
January 1, 2003) and gain from the
sale, exchange, or other disposition of
stock or obligations of such a foreign
corporation to the extent that such
dividends, interest, and gains are
attributable to shipping income.
``(II) Such term includes that
portion of the distributive share of
the income of a partnership
attributable to shipping income.
``(III) Such term includes any
income derived from a space or ocean
activity (as defined in section
863(d)(2)).
``(IV) Such term does not include,
except as provided in subclause (I),
any dividend or interest income which
is foreign personal holding company
income as defined in section 954(c).
``(V) Such term does not include
financial services income.''.
(2) Section 952(c)(1)(B)(iii) of such Code is amended by
striking subclause (I) and redesignating subclauses (II)
through (VI) as subclauses (I) through (V), respectively.
(3) Section 953 of such Code is amended--
(A) by striking ``954(i)'' and inserting ``954(h)''
in subsections (b)(3) and (e) each place it appears,
and
(B) by striking ``954(h)(7)'' and inserting
``954(g)(7)'' in subsection (e)(7)(A).
(4) Section 954 of such Code is amended--
(A) in subsection (a) by inserting ``and'' at the
end of paragraph (3) and redesignating paragraph (5) as
paragraph (4),
(B) in subsection (b)--
(i) by striking ``the foreign base shipping
income,'' in paragraph (5),
(ii) by striking paragraphs (6) and (7),
and
(iii) by redesignating paragraph (8) as
paragraph (6), and
(C) by redesignating subsections (g), (h), and (i)
as subsections (f), (g), and (h), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2001, and to taxable years of United States shareholders (within
the meaning of section 951(b) of the Internal Revenue Code of 1986)
within which or with which such taxable years of such foreign
corporations end. | RAFT (Restore Access to Foreign Trade) Act - Amends the Internal Revenue Code to eliminate foreign base company shipping income from inclusion as foreign base company income.Revises the definition of "shipping income" with respect to the application of the foreign tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income."} | 899 | 60 | 0.526496 | 1.282966 | 1.158408 | 2.877551 | 17.061224 | 0.836735 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Legislative and Budget Autonomy Act of 1993''.
(b) References in Act.--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 District of Columbia Self-Government and
Governmental Reorganization Act.
SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY.
(a) Enactment of District of Columbia Budget Without Further
Congressional Approval.--
(1) In general.--Section 446 (sec. 47-304, D.C. Code) is
amended by striking the third, fourth, and fifth sentences and
inserting the following: ``Except as provided in section
467(d), section 471(c), section 472(d)(2), section 483(d), and
subsections (f) and (g)(3) of section 490, no amount may be
obligated or expended by any officer or employee of the
District of Columbia government unless such amount has been
approved by Act of Congress, an act of the Council, or a
directive of the President under section 740, and then only in
accordance with such authorization.''.
(2) Conforming amendments.--(A) Sections 467(d), 471(c),
472(d)(2), and 483(d) and subsections (f) and (g)(3) of section
490 are each amended by striking ``fourth sentence'' and
inserting ``second sentence''.
(B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by
striking ``(other than an act to which section 446 applies)''.
(3) Clerical amendments.--(A) The heading of section 446 is
amended to read as follows:
``enactment of budget by the council''
(B) The item relating to section 446 in the table of
contents is amended to read as follows:
``Sec. 446. Enactment of budget by the Council.''.
(b) Action by Council of District of Columbia on Budget Acts.--
Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking
``transmitted by the Chairman to the President of the United States''
both places it appears and inserting ``incorporated in such Act''.
(c) Permitting Employees To Be Hired If Position Authorized by Act
of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended--
(1) by inserting ``or act of the Council'' after ``Act of
Congress'' both places it appears; and
(2) by inserting ``and acts of the Council'' after ``Acts
of Congress''.
(d) Amendments to Limitations on Borrowing and Spending by the
District To Reflect Changes in Budget Process.--
(1) Federal authority over budget-making process.--Section
603 (sec. 47-313, D.C. Code) is amended--
(A) by striking subsections (a) and (d); and
(B) by redesignating subsections (b), (c), and (e)
as subsections (a), (b), and (c).
(2) Conforming amendments.--(A) Section 443(8) (sec. 47-
302(8), D.C. Code) is amended by striking ``section 603(b)''
and inserting ``section 603(a)''.
(B) Section 445 (sec. 47-304, D.C. Code) is amended by
striking ``603(c)'' and inserting ``603(b)''.
(C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is
amended by striking ``section 603(b)'' and inserting ``section
603(a)''.
(D) Section 487(a) (sec. 43-615(a), D.C. Code) is amended
by striking ``section 603(b)'' and inserting ``section
603(a)''.
(e) Effective Date.--The amendments made by this section shall
apply to budgets of the District of Columbia for fiscal years beginning
on or after October 1, 1993.
SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT
LAWS.
(a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by
striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--The District of Columbia Self-Government
and Governmental Reorganization Act is amended by striking
section 604.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code)
is amended--
(A) in subsection (a), by striking the second sentence; and
(B) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by
striking ``subject to the provisions of section 602(c)'' each place it
appears.
(3) Section 462 (sec. 47-322, D.C. Code) is amended--
(A) in subsection (a), by striking ``(a) The Council'' and
inserting ``The Council''; and
(B) by striking subsections (b) and (c).
(4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking
``(1) Notwithstanding'' and all that follows through ``(2)''.
(5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and
referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C.
Code) is amended by striking ``the appropriate custodian'' and all that
follows through ``portion of such act to''.
(6) Section 5 of Amendment No. 1 (relating to initiative and
referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code)
is amended by striking ``, and such act'' and all that follows and
inserting a period.
(7) Section 16 of the District of Columbia Election Code of 1955
(sec. 1-1320, D.C. Code)--
(A) in subsection (j)(2)--
(i) by striking ``sections 404 and 602(c)'' and
inserting ``section 404'', and
(ii) by striking the second sentence; and
(B) in subsection (m)--
(i) in the first sentence, by striking ``the
appropriate custodian'' and all that follows through
``parts of such act to'',
(ii) by striking ``is held. If, however, after''
and inserting ``is held unless, under'', and
(iii) by striking ``section, the act which'' and
all that follows and inserting ``section.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to each act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; and
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after October 1, 1993. | District of Columbia Legislative and Budget Autonomy Act of 1993 - Amends: (1) the District of Columbia Code to permit the enactment of the District budget, and the hiring of employees if a position is authorized by Act of the D.C. Council, without further congressional approval; and (2) the District of Columbia Self-Government and Governmental Reorganization Act to eliminate congressional review of newly-passed District laws. | {"src": "billsum_train", "title": "District of Columbia Legislative and Budget Autonomy Act of 1993"} | 2,009 | 97 | 0.555617 | 1.32756 | 0.722005 | 3.43038 | 21.911392 | 0.924051 |
SECTION 1. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO
ENDANGERED SPECIES CONSERVATION AGREEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to taxable estate) is amended
by adding at the end the following new section:
``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES
CONSERVATION AGREEMENT.
``(a) General Rule.--For purposes of the tax imposed by section
2001, the value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the adjusted
value of real property included in the gross estate which is subject to
an endangered species conservation agreement.
``(b) Property Subject to an Endangered Species Conservation
Agreement.--For purposes of this section--
``(1) In general.--Real property shall be treated as
subject to an endangered species conservation agreement if--
``(A) each person who has an interest in such
property (whether or not in possession) has entered
into--
``(i) an endangered species conservation
agreement with respect to such property, and
``(ii) a written agreement with the
Secretary consenting to the application of
subsection (d), and
``(B) the executor of the decedent's estate--
``(i) elects the application of this
section, and
``(ii) files with the Secretary such
endangered species conservation agreement.
``(2) Adjusted value.--The adjusted value of any real
property shall be its value for purposes of this chapter,
reduced by any amount deductible under section 2053(a)(4) with
respect to the property.
``(c) Endangered Species Conservation Agreement.--For purposes of
this section--
``(1) In general.--The term `endangered species
conservation agreement' means a written agreement entered into
with the Secretary of the Interior or the Secretary of
Commerce--
``(A) which commits each person who signed such
agreement to carry out on the real property activities
or practices not otherwise required by law or to
refrain from carrying out on such property activities
or practices that could otherwise be lawfully carried
out,
``(B) which is certified by such Secretary as
assisting in the conservation of any species which is--
``(i) designated by such Secretary as an
endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.),
``(ii) proposed for such designation, or
``(iii) officially identified by such
Secretary as a candidate for possible future
protection as an endangered or threatened
species, and
``(C) which applies to at least one-half of the
total area of the property.
``(2) Annual certification to the secretary by the
secretary of the interior or the secretary of commerce of the
status of endangered species conservation agreements.--If the
executor elects the application of this section, the executor
shall promptly give written notice of such election to the
Secretary of the Interior or the Secretary of Commerce. The
Secretary of the Interior or the Secretary of Commerce shall
thereafter annually certify to the Secretary that the
endangered species conservation agreement applicable to any
property for which such election has been made remains in
effect and is being satisfactorily complied with.
``(d) Recapture of Tax Benefit in Certain Cases.--
``(1) Disposition of interest or material breach.--
``(A) In general.--Except as provided in
subparagraph (C), an additional tax in the amount
determined under subparagraph (B) shall be imposed on
any person on the earlier of--
``(i) the disposition by such person of any
interest in property subject to an endangered
species conservation agreement (other than a
disposition described in subparagraph (C)),
``(ii) the failure by such person to comply
with the terms of the endangered species
conservation agreement, or
``(iii) the termination of the endangered
species conservation agreement.
``(B) Amount of additional tax.--The amount of the
additional tax imposed by subparagraph (A) shall be an
amount that bears the same ratio to the fair market
value of the real property at the time of the event
described in subparagraph (A) as the ratio of the
amount by which the estate tax liability was reduced by
virtue of this section bore to the fair market value of
such property at the time the executor filed the
agreement under subsection (b)(1). For purposes of this
subparagraph, the term `estate tax liability' means the
tax imposed by section 2001 reduced by the credits
allowable against such tax.
``(C) Exception if transferee assumes obligations
of transferor.--Subparagraph (A)(i) shall not apply if
the transferor and the transferee of the property enter
into a written agreement pursuant to which the
transferee agrees--
``(i) to assume the obligations imposed on
the transferor under the endangered species
conservation agreement,
``(ii) to assume personal liability for any
tax imposed under subparagraph (A) with respect
to any future event described in subparagraph
(A), and
``(iii) to notify the Secretary of the
Treasury and the Secretary of the Interior or
the Secretary of Commerce that the transferee
has assumed such obligations and liability.
If a transferee enters into an agreement described in
clauses (i), (ii), and (iii), such transferee shall be
treated as signatory to the endangered species
conservation agreement the transferor entered into.
``(2) Due date of additional tax.--The additional tax
imposed by paragraph (1) shall become due and payable on the
day that is 6 months after the date of the disposition referred
to in paragraph (1)(A)(i) or, in the case of an event described
in clause (ii) or (iii) of paragraph (1)(A), on April 15 of the
calendar year following any year in which the Secretary of the
Interior or the Secretary of Commerce fails to provide the
certification required under subsection (c)(2).
``(e) Statute of Limitations.--If a taxpayer incurs a tax liability
pursuant to subsection (d)(1)(A), then--
``(1) the statutory period for the assessment of any
additional tax imposed by subsection (d)(1)(A) shall not expire
before the expiration of 3 years from the date the Secretary is
notified (in such manner as the Secretary may by regulation
prescribe) of the incurring of such tax liability, and
``(2) such additional tax may be assessed before the
expiration of such 3-year period notwithstanding the provisions
of any other law or rule of law that would otherwise prevent
such assessment.
``(f) Election and Filing of Agreement.--The election under this
section shall be made on the return of the tax imposed by section 2001.
Such election, and the filing under subsection (a) of an endangered
species conservation agreement, shall be made in such manner as the
Secretary shall by regulation provide.
``(g) Application of This Section to Interests in Partnerships,
Corporations, and Trusts.--The Secretary shall prescribe regulations
setting forth the application of this section in the case of an
interest in a partnership, corporation, or trust which, with respect to
a decedent, is an interest in a closely held business (within the
meaning of paragraph (1) of section 6166(b)). For purposes of the
preceding sentence, an interest in a discretionary trust all the
beneficiaries of which are heirs of the decedent shall be treated as a
present interest.''
(b) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 2057. Certain real property subject to endangered species
conservation agreement.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow a deduction from the value of the gross estate of a decedent of an amount equal to the adjusted value of real property included in a gross estate which is subject to an endangered species conservation agreement. Provides for recapture of the benefit in certain cases. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a deduction from the gross estate of a decedent in an amount equal to the value of real property subject to an endangered species conservation agreement."} | 1,810 | 64 | 0.615599 | 1.43823 | 0.768888 | 4.035714 | 29.446429 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Product Extensions Now
Accelerating Cures and Treatments Act of 2015''.
SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW
INDICATION FOR A RARE DISEASE OR CONDITION.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 505E of such Act (21 U.S.C.
355f) the following:
``SEC. 505F. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A
NEW INDICATION FOR A RARE DISEASE OR CONDITION.
``(a) Designation.--
``(1) In general.--The Secretary shall designate a drug as
a drug approved for a new indication to prevent, diagnose, or
treat a rare disease or condition for purposes of granting the
extensions under subsection (b) if--
``(A) prior to approval of an application or
supplemental application for the new indication, the
drug was approved or licensed for marketing under
section 505(c) of this Act or section 351(a) of the
Public Health Service Act, but was not so approved or
licensed for the new indication;
``(B) the sponsor of the approved or licensed drug
files an application or a supplemental application for
approval of the new indication for use of the drug to
prevent, diagnose, or treat the rare disease or
condition;
``(C) the application or supplemental application
for the new indication contains--
``(i) a request for designation of the drug
under this section;
``(ii) the consent of the applicant to
notice being given by the Secretary under
paragraph (4) respecting the designation of the
drug; and
``(iii) in the case of a drug for which an
extension is sought under subsection (b)(3), a
list specifying each patent--
``(I) which claims the drug or a
method of using the drug; and
``(II) with respect to which a
claim of patent infringement could
reasonably be asserted if a person not
licensed by the owner engaged in the
manufacture, use, or sale of the drug;
and
``(D) the Secretary approves the application or
supplemental application.
``(2) Revocation of designation.--
``(A) In general.--Except as provided in
subparagraph (B), a designation under this subsection
shall not be revoked for any reason.
``(B) Exception.--The Secretary may revoke a
designation of a drug under paragraph (1) if the
Secretary finds that the application or supplemental
application resulting in such designation contained an
untrue statement of material fact.
``(3) Notification prior to discontinuance of production
for solely commercial reasons.--A designation of a drug under
paragraph (1) shall be subject to the condition that the
sponsor of the drug will notify the Secretary of any
discontinuance of the production of the drug for solely
commercial reasons at least one year before such
discontinuance.
``(4) Notice to public.--Notice respecting the designation
of a drug under paragraph (1)--
``(A) shall be made available to the public; and
``(B) shall include any listing of patents under
subsection (a)(1)(C)(iii).
``(b) Extension.--If the Secretary designates a drug as a drug
approved for a new indication for a rare disease or condition, as
described in subsection (a)(1)--
``(1)(A)(i) the 4-, 5-, and 7\1/2\-year periods described
in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505,
and the 3-year periods described in clauses (iii) and (iv) of
subsection (c)(3)(E) and clauses (iii) and (iv) of subsection
(j)(5)(F) of section 505, as applicable, shall be extended by 6
months; or
``(ii) the 4- and 12-year periods described in
subparagraphs (A) and (B) of section 351(k)(7) of the Public
Health Service Act, as applicable, shall be extended by 6
months; and
``(B) the 7-year period described in section 527, as
applicable, shall be extended by 6 months;
``(2) if, at the time a drug is designated under subsection
(a)(1)--
``(A) the drug is the subject of a listed patent
for which a certification has been submitted under
subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of
section 505 or a listed patent for which a
certification has been submitted under subsections
(b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505,
the period during which an application may not be
approved under section 505(c)(3) or section
505(j)(5)(B) shall be extended by a period of 6 months
after the date the patent expires (including any patent
extensions); or
``(B) the drug is the subject of a listed patent
for which a certification has been submitted under
subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of
section 505, and in the patent infringement litigation
resulting from the certification the court determines
that the patent is valid and would be infringed, the
period during which an application may not be approved
under section 505(c)(3) or section 505(j)(5)(B) shall
be extended by a period of 6 months after the date the
patent expires (including any patent extensions); and
``(3) if the drug is a biological product, the Secretary
shall not grant final effective approval for any application
submitted under section 351(k)(1) of the Public Health Service
Act for a biosimilar biological product that cites such drug as
its reference product until the date that is 6 months after the
expiration of every patent that, as of the date on which the
drug is designated under subsection (a)(1), is listed for such
drug pursuant to subsection (a)(1)(C)(iii), except that, if a
court from which no appeal (other than a writ of certiorari)
has been or could be taken rules a listed patent invalid or not
infringed, then such patent shall no longer be considered for
purposes of this paragraph.
``(c) Relation to Pediatric and Qualified Infectious Disease
Product Exclusivity.--Any extension under subsection (b) of a period
shall be in addition to any extension of the periods under sections
505A and 505E of this Act and section 351(m) of the Public Health
Service Act, as applicable, with respect to the drug.
``(d) Limitations.--The extension described in subsection (b) shall
not apply if the drug designated under subsection (a)(1) has previously
received an extension by operation of subsection (b).
``(e) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall adopt final
regulations implementing this section.
``(2) Procedure.--In promulgating a regulation implementing
this section, the Secretary shall--
``(A) issue a notice of proposed rulemaking that
includes the proposed regulation;
``(B) provide a period of not less than 60 days for
comments on the proposed regulation; and
``(C) publish the final regulation not less than 30
days before the effective date of the regulation.
``(3) Restrictions.--Notwithstanding any other provision of
law, the Secretary shall promulgate regulations implementing
this section only as described in paragraph (2), except that
the Secretary may issue interim guidance for sponsors seeking
to submit an application or supplemental application described
in subsection (a) prior to the promulgation of such
regulations.
``(4) Designation prior to regulations.--The Secretary
shall designate drugs under subsection (a) prior to the
promulgation of regulations under this subsection, if such
drugs meet the criteria described in subsection (a).
``(f) Definition.--In this section:
``(1) The terms `biological product', `biosimilar', and
`reference product' have the meanings given to such terms in
section 351(i) of the Public Health Service Act.
``(2) The term `rare disease or condition' has the meaning
given to such term in section 526(a)(2).''.
(b) Application.--Section 505F of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
a drug for which an application or supplemental application described
in subparagraphs (B) and (C) of subsection (a)(1) of such section 505F
is first approved under section 505(c) of such Act (21 U.S.C. 355(c))
or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a))
on or after the date of the enactment of this Act.
(c) Conforming Amendments.--
(1) Relation to pediatric exclusivity for drugs.--Section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a) is amended--
(A) in subsection (b), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in subsection (b)(1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in subsection (b)(1) shall be
in addition to any extensions under section 505F.''; and
(B) in subsection (c), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in subsection (c)(1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in subsection (c)(1) shall be
in addition to any extensions under section 505F.''.
(2) Relation to exclusivity for new qualified infectious
disease products that are drugs.--Subsection (b) of section
505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355f) is amended--
(A) by amending the subsection heading to read as
follows: ``Relation to Pediatric Exclusivity and
Exclusivity for a Drug Approved for a New Indication
for a Rare Disease or Condition''; and
(B) by striking ``any extension of the period under
section 505A'' and inserting ``any extension of the
periods under sections 505A or 505F''.
(3) Relation to pediatric exclusivity for biological
products.--Section 351(m) of the Public Health Service Act (42
U.S.C. 262(m)) is amended by adding at the end the following:
``(5) Relation to exclusivity for a biological product
approved for a new indication for a rare disease or
condition.--Notwithstanding the references in paragraphs
(2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in such paragraphs shall be in
addition to any extensions under section 505F.''. | Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to extend by six months the exclusivity period for an approved drug or biological product when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an “orphan disease”). Allows the FDA to revoke an extension if the application for the new indication contained an untrue material statement. Requires the sponsor of a product receiving an extension to notify the FDA one year prior to discontinuing production for commercial reasons. Requires the FDA to notify the public of products that receive this extension and patents related to those products. Limits a product to one extension under this Act. Sets forth that extensions under this Act are in addition to other extensions. Applies only to products approved after enactment of this Act for a new indication that is a rare disease or condition. | {"src": "billsum_train", "title": "Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2015"} | 2,657 | 235 | 0.600513 | 1.645339 | 0.865984 | 2.5 | 11.946809 | 0.851064 |
SECTION 1. INVESTMENT CREDIT FOR TRUCKS WITH NEW DIESEL TECHNOLOGY.
(a) In General.--
(1) Allowance of credit.--Subpart E of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after section 48 the following new
section:
``SEC. 48A. NEW DIESEL TECHNOLOGY CREDIT.
``(a) General Rule.--For purposes of section 46, the new diesel
technology credit for any taxable year is 5 percent of the cost of any
qualified truck which is placed in service on or after January 1, 2007,
and before January 1, 2008.
``(b) Qualified Truck.--For purposes of this section, the term
`qualified truck' means any motor vehicle (as defined in section
30(c)(2)) which--
``(1) is first placed in service on or after January 1,
2007,
``(2) is propelled by diesel fuel,
``(3) has a gross vehicle weight rating of more than 26,000
pounds, and
``(4) complies with the regulations of the Environmental
Protection Agency with respect to diesel emissions for model
year 2007 and later.''.
(2) Credit treated as part of investment credit.--Section
46 of the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, and'', and by adding
at the end the following new paragraph:
``(3) the new diesel technology credit.''.
(3) Conforming amendments.--
(A) Section 49(a)(1)(C) of such Code is amended by
striking ``and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting ``,
and'', and by adding at the end the following new
clause:
``(iv) the basis of any qualified truck.''.
(B) The table of sections for subpart E of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48 the
following new item:
``Sec. 48A. New diesel technology credit.''.
(b) Credit Allowed Against AMT.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after paragraph
(4) the following new paragraph:
``(5) Special rules for new diesel technology credit.--
``(A) In general.--In the case of the new diesel
technology credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the new diesel
technology credit).
``(B) New diesel technology credit.--For purposes
of this subsection, the term `new diesel technology
credit' means the portion of the investment credit
under section 46 determined under section 48A.''.
(2) Conforming amendments.--Paragraphs (2)(A)(ii)(II),
(3)(A)(ii)(II), and (4)(A)(ii)(II) of section 38(c) of such
Code are each amended by inserting ``or the new diesel
technology credit'' after ``the specified credits''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2007, in
taxable years ending after such date, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990).
SEC. 2. ELECTION TO EXPENSE QUALIFIED TRUCKS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
179B the following new section:
``SEC. 179C. ELECTION TO EXPENSE NEW DIESEL TECHNOLOGY TRUCKS.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any qualified truck (as defined in section 48A) as an expense
which is not chargeable to a capital account. Any cost so treated shall
be allowed as a deduction for the taxable year in which the qualified
truck is placed in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall be made in such manner as the Secretary may by
regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Termination.--This section shall not apply to property placed
in service after December 31, 2007.''.
(b) Conforming Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 179B the
following new item:
``Sec. 179C. Election to expense new diesel technology trucks.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2007. | Amends the Internal Revenue Code to allow an investment tax credit for five percent of the cost of a qualified truck. Defines "qualified truck" as a motor vehicle: (1) first placed in service on or after January 1, 2007, and before January 1, 2008; (2) powered by diesel fuel; (3) having a gross vehicle weight of more than 26,000 pounds; and (4) which complies with certain Environmental Protection Agency (EPA) regulations for diesel emissions. Allows such credit to reduce regular or alternative minimum tax liability.
Permits a taxpayer election to expense the cost of qualified trucks placed in service in 2007. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an investment tax credit for the purchase of trucks with new diesel engine technologies, and for other purposes."} | 1,302 | 128 | 0.606059 | 1.601203 | 0.535677 | 2.88 | 9.272 | 0.848 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Sports Concussion Act of
2013''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) scientific advancements and a greater understanding of
the issues that affect the health and safety of young athletes
are key to reducing sports-related concussions in youth;
(2) the National Academies should complete, and make
available to the public, its report on sports-related
concussions in youth not later than January 31, 2014;
(3) the Consumer Product Safety Commission should review
the National Academies' report for any matter that may impact
products under the Commission's jurisdiction;
(4) if protective equipment manufacturers choose to adopt
voluntary consumer product safety standards based on the
National Academies' report and any related Consumer Product
Safety Commission recommendations, the voluntary standards
should include mechanisms to ensure substantial compliance by
covered entities; and
(5) the Federal Trade Commission should review the National
Academies' report for any matter that may inform efforts to
protect consumers from unfair or deceptive practices in or
affecting commerce.
SEC. 3. THE NATIONAL ACADEMIES' REPORT ON SPORTS-RELATED CONCUSSIONS IN
YOUTH.
(a) Review.--The Consumer Product Safety Commission--
(1) shall review the National Academies' report on sports-
related concussion in youth not later than 5 months after the
completion of such report; and
(2) may make recommendations to protective equipment
manufacturers regarding whether voluntary standards should be
adopted--
(A) to reduce the risk of sports-related injury for
youth athletes wearing protective equipment;
(B) to improve the safety of reconditioned
protective equipment; and
(C) to modify protective equipment warning labels.
(b) Safety Standards.--
(1) Lead time for a voluntary standard.--If, not later than
1 year after the completion of the National Academies' report,
no voluntary standard is adopted based on the National
Academies' report and any related Consumer Product Safety
Commission recommendations, the Consumer Product Safety
Commission may initiate a proceeding to promulgate a consumer
product safety rule in accordance with section 553 of title 5,
United States Code.
(2) Net effect.--A rule issued under this subsection must
have the net effect of improving safety.
(3) Conformity with existing law.--A rule issued under this
subsection shall be considered a consumer product safety
standard issued by the Commission under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING
ACTIVITY EQUIPMENT.
(a) Unlawful Activity.--It is unlawful for any person to sell, or
offer for sale, in interstate commerce, or import into the United
States for the purpose of selling or offering for sale, any item or
equipment intended, designed, or offered for use by an individual
engaged in any athletic sporting activity, whether professional or
amateur, for which the seller or importer, or any person acting on
behalf of the seller or importer, makes any false or misleading claim
with respect to the safety benefits of such item.
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
(2) Powers of federal trade commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Regulations.--Notwithstanding any other
provision of law, the Federal Trade Commission may
promulgate under section 553 of title 5, United States
Code, such regulations as the Commission considers
necessary or appropriate to carry out this section.
(C) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though
all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated and made part of this section.
(D) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Federal Trade Commission under any other provision of
law.
(c) Enforcement by States.--
(1) In general.--Except as provided in paragraph (4), in
any case in which the attorney general of a State has reason to
believe that an interest of the residents of the State has been
or is threatened or adversely affected by any person who
violates subsection (a), the attorney general of the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States to obtain appropriate injunctive relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal.
(3) Investigatory powers.--Nothing in this subsection shall
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a) or a rule promulgated under subsection (b)(2)(B) the
attorney general of a State may not, during the pendency of
that action, bring a civil action under paragraph (1) against
any defendant named in the complaint of the Commission for the
violation with respect to which the Commission instituted such
action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in any district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to a civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State. | Youth Sports Concussion Act of 2013 - Expresses the sense of Congress concerning the reduction of sports-related concussions in youth and completion of the National Academies' report on such injuries. Directs the Consumer Product Safety Commission (CPSC) to review the National Academies' report within five months after the report is completed. Authorizes the CPSC to make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted to: (1) reduce the risk of sports-related injury for youth athletes wearing protective equipment, (2) improve the safety of reconditioned protective equipment, and (3) modify protective equipment warning labels. Permits the CPSC to initiate the promulgation of a consumer product safety rule if no voluntary standard is adopted within a one-year period. Makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any false or misleading claim with respect to the safety benefits of such item. Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Sets forth the enforcement authority of the Federal Trade Commission (FTC). Authorizes the FTC to promulgate regulations to carry out this Act. Authorizes states to bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. Allows the FTC to intervene and appeal in state actions. | {"src": "billsum_train", "title": "Youth Sports Concussion Act of 2013"} | 1,806 | 330 | 0.657836 | 1.952872 | 0.827073 | 3.487633 | 5.897527 | 0.872792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Serving our Rural Veterans Act of
2016''.
SEC. 2. AUTHORIZATION OF PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR
SERVICE BY RESIDENTS OR INTERNS AT FACILITIES OPERATED BY
INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN
HEALTH SERVICE.
(a) In General.--Subsection (c) of section 7406 of title 38, United
States Code, is amended by striking ``Department facility'' each place
it appears and inserting ``covered facility''.
(b) Covered Facility Defined.--Such section is amended by adding at
the end the following new subsection:
``(d) In this section, the term `covered facility' means--
``(1) a Department facility;
``(2) a facility operated by an Indian tribe or a tribal
organization, as those terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304); or
``(3) a facility operated by the Indian Health Service.''.
SEC. 3. PILOT PROGRAM TO CREATE OR EXPAND GRADUATE MEDICAL RESIDENCIES
AT FACILITIES OPERATED BY INDIAN TRIBES, TRIBAL
ORGANIZATIONS, AND THE INDIAN HEALTH SERVICE IN RURAL
AREAS.
(a) In General.--The Secretary of Veterans Affairs, in consultation
with the Director of the Indian Health Service, shall carry out a pilot
program to establish graduate medical education residency training
programs at covered facilities.
(b) Locations.--The Secretary shall carry out the pilot program at
not more than one covered facility in each of Alaska and Montana that
has been selected by the Secretary for purposes of the pilot program.
(c) Duration.--The Secretary shall implement the pilot program
during the eight-year period beginning on the date that is 180 days
after the date of the enactment of this Act.
(d) Reimbursement of Costs.--The Secretary shall reimburse each
covered facility participating in the pilot program for the following
costs associated with the pilot program:
(1) Curriculum development.
(2) Recruitment, training, and retention of residents and
faculty.
(3) Accreditation of programs of education under the pilot
program by the Accreditation Council for Graduate Medical
Education (ACGME) or the American Osteopathic Association
(AOA).
(4) The portion of faculty salaries attributable to
activities relating to carrying out the pilot program.
(5) Payment for expenses relating to providing medical
education under the pilot program in an amount not to exceed--
(A) the amount determined under section 340H of the
Public Health Service Act (42 U.S.C. 256h) that would
be paid to a covered facility for such expenses if the
covered facility were a qualified teaching health
center under such section, plus
(B) an additional amount to account for the
increased costs to the covered facility of providing
health care and medical education under the pilot
program in rural and remote areas.
(e) Period of Obligated Service.--
(1) In general.--The Secretary shall enter into an
agreement with each medical resident who participates in the
pilot program under which such medical resident agrees to serve
a period of two years of obligated service at a covered
facility or a facility of the Department of Veterans Affairs
for each year in which the medical resident participates in the
pilot program under this section.
(2) Breach.--A medical resident who participates in the
pilot program and fails to satisfy the period of obligated
service under paragraph (1) shall be liable to the United
States, in lieu of such obligated service, for the amount that
has been paid or is payable to or on behalf of the medical
resident under the pilot program, reduced by the proportion
that the number of days served for completion of the period of
obligated service bears to the total number of days in the
period of obligated service of such medical resident.
(f) Loan Repayment.--
(1) In general.--A medical resident who participates in the
pilot program shall be eligible for participation in the Indian
Health Service Loan Repayment Program under section 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1616a).
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Secretary of Health and Human
Services, acting through the Indian Health Service,
such sums as may be necessary to cover loan repayments
paid under the Indian Health Service Loan Repayment
Program to medical residents participating in the pilot
program.
(B) Supplement not supplant.--Amounts appropriated
or otherwise made available for the Indian Health
Service Loan Repayment Program pursuant to the
authorization of appropriations under subparagraph (A)
shall supplement, not supplant, amounts made available
to such program under other provisions of law.
(g) Report.--Not later than two years before the termination of the
pilot program under subsection (c), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
feasibility and advisability of--
(1) expanding the pilot program to additional locations;
and
(2) making the pilot program or any aspect of the pilot
program permanent.
(h) Covered Facility Defined.--In this section, the term ``covered
facility'' means a facility--
(1) operated by an Indian tribe or a tribal organization
(as those terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
or the Indian Health Service, that has an existing
reimbursement agreement with the Department of Veterans Affairs
under section 405(c) of the Indian Health Care Improvement Act
(25 U.S.C. 1645(c)); and
(2) located in a rural or remote area, as determined by the
Secretary.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $20,000,000 for each
year in which the pilot program is carried out. | Serving our Rural Veterans Act of 2016 This bill authorizes payment by the Department of Veterans Affairs (VA) for the costs associated with service by Veterans Health Administration medical residents and interns at facilities operated by Indian tribes, tribal organizations, or the Indian Health Service (covered facilities). The bill requires the VA to carry out a pilot program to establish graduate medical education residency training programs at such facilities that have an existing reimbursement agreement with the VA under the Indian Health Care Improvement Act and that are located in rural or remote areas, including at one facility in each of Alaska and Montana. The VA shall reimburse each covered facility participating in the program for costs of: curriculum development; recruitment, training, and retention of residents and faculty; accreditation of programs of education; faculty salaries; and certain other expenses relating to providing medical education under the program. Each medical resident who participates in the program must agree to two years of obligated service at a covered facility or a VA facility for each year in the program. A program participant who fails to satisfy the period of obligated service shall be liable to the United States for prorated portion of the amount paid for program participation. A medical resident who participates in the program shall be eligible for participation in the Indian Health Service Loan Repayment Program. | {"src": "billsum_train", "title": "Serving our Rural Veterans Act of 2016"} | 1,388 | 263 | 0.701122 | 2.054269 | 0.822876 | 3.944 | 4.832 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parent-Child Privilege Act of
1998''.
SEC. 2. PARENT-CHILD PRIVILEGE.
(a) In General.--Article V of the Federal Rules of Evidence is
amended by adding at the end the following:
``Rule 502. Parent-Child Privilege
``(a) Definitions.--For purposes of this rule, the following
definitions apply:
``(1) The term `child' means the son, daughter, stepchild,
or foster child of a parent or the ward of a legal guardian or
of any other person who serves as the child's parent. A person
who meets this definition is a child for purposes of this rule,
irrespective of whether or not that person has attained the age
of majority in place in which the that person resides.
``(2) The term `confidential communication' means a
communication between a parent and the parent's child, made
privately or solely in the presence of other members of the
child's family or an attorney, physician, psychologist,
psychotherapist, social worker, clergy member, or other third
party who has a confidential relationship with the parent or
the child, which is not intended for further disclosure except
to other members of the child's family or household or to other
persons in furtherance of the purposes of the communication.
``(3) The term `parent' means a birth parent, adoptive
parent, stepparent, foster parent, or legal guardian of a
child, or any other person that a court has recognized as
having acquired the right to act as a parent of that child.
``(b) Adverse Testimonial Privilege.--In any civil or criminal
proceeding governed by these rules, and subject to the exceptions set
forth in subdivision (d) of this rule--
``(1) a parent shall not be compelled to give testimony as
a witness adverse to a person who is, at the time of the
proceeding, a child of that parent; and
``(2) a child shall not be compelled to give testimony as a
witness adverse to a person who is, at the time of the
proceeding, a parent of that child;
unless the parent or child who is the witness voluntarily and knowingly
waives the privilege to refrain from giving such adverse testimony.
``(c) Confidential Communications Privilege.--(1) In any civil or
criminal proceeding governed by these rules, and subject to the
exceptions set forth in subdivision (d) of this rule--
``(A) a parent shall not be compelled to divulge any
confidential communication made between that parent and the
child during the course of their parent-child relationship; and
``(B) a child shall not be compelled to divulge any
confidential communication made between that child and the
parent during the course of their parent-child relationship;
unless both the child and the parent or parents of the child who are
privy to the confidential communication voluntarily and knowingly waive
the privilege against the disclosure of the communication in the
proceeding.
``(2) The privilege set forth in this subdivision applies even if,
at the time of the proceeding, the parent or child who made or received
the confidential communication is deceased or the parent-child
relationship has terminated.
``(d) Exceptions.--The privileges set forth in subdivisions (c) and
(d) of this rule shall be inapplicable and unenforceable--
``(1) in any civil action or proceeding by the child
against the parent, or the parent against the child;
``(2) in any civil action or proceeding in which the
child's parents are opposing parties;
``(3) in any civil action or proceeding contesting the
estate of the child or of the child's parent;
``(4) in any action or proceeding in which the custody,
dependency, deprivation, abandonment, support or nonsupport,
abuse, or neglect of the child, or the termination of parental
rights with respect to the child, is at issue;
``(5) in any action or proceeding to commit the child or a
parent of the child because of alleged mental or physical
incapacity;
``(6) in any action or proceeding to place the person or
the property of the child or of a parent of the child in the
custody or control of another because of alleged mental or
physical capacity; and
``(7) in any criminal or juvenile action or proceeding in
which the child or a parent of the child is charged with an
offense against the person or the property of the child, a
parent of the child or any member of the family or household of
the parent or the child.
``(e) Appointment of a Representative for a Child Below the Age of
Majority.--When a child who appears to be the subject of a privilege
set forth in subdivision (b) or (c) of this rule is below the age of
majority at the time of the proceeding in which the privilege is or
could be asserted, the court may appoint a guardian, attorney, or other
legal representative to represent the child's interests with respect to
the privilege. If it is in furtherance of the child's best interests,
the child's representative may waive the privilege under subdivision
(b) or consent on behalf of the child to the waiver of the privilege
under subdivision (c).
``(f) Non-Effect of this Rule on Other Evidentiary Privileges.--
This rule shall not affect the applicability or enforceability of other
recognized evidentiary privileges that, pursuant to rule 501, may be
applicable and enforceable in any proceeding governed by these
rules.''.
(b) Clerical Amendment.--The table of contents for the Federal
Rules of Evidence is amended by adding at the end the following new
item:
``Rule 501. Parent-child privilege.''.
(c) Effect of Amendments.--The amendments made by this Act shall
apply with respect to communications made before, on, or after the date
of the enactment of this Act. | Parent-Child Privilege Act of 1998 - Amends the Federal Rules of Evidence to provide that, in a civil or criminal proceeding, a parent shall not be compelled to testify against his or her child, and a child shall not be compelled to testify against his or her parent, unless the parent or child who is the witness voluntarily and knowingly waives the privilege to refrain from giving such adverse testimony.
Provides that a parent shall not be compelled to divulge any confidential communication with his or her child during the course of their parent-child relationship, and a child shall not be compelled to divulge any confidential communication with his or her parent during the course of such relationship, unless both the child and the parent or parents who are privy to the confidential communication voluntarily and knowingly waive the privilege against the disclosure of the communication. Makes the privilege applicable even if, at the time of the proceeding, the parent or child who made or received the confidential communication is deceased or the parent-child relationship has terminated.
Sets forth exceptions to the privilege, such as in civil actions by the child against the parent, or by the parent against the child, or in any action in which the custody, abuse, or neglect of the child, or the termination of parental rights with respect to the child, is at issue.
Authorizes the court to appoint a guardian, attorney, or other legal representative to represent the child's interests with respect to the privilege when a child who appears to be the subject of the privilege is below the age of majority at the time of the proceeding. | {"src": "billsum_train", "title": "Parent-Child Privilege Act of 1998"} | 1,349 | 353 | 0.688632 | 2.047465 | 0.935209 | 6.665584 | 4.084416 | 0.938312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research on Human Fetal Tissue
Amendments of 1993''.
SEC. 2. ESTABLISHMENT OF AUTHORITIES AND PROTECTIONS REGARDING
TRANSPLANTATION OF HUMAN FETAL TISSUE.
Part G of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498 the following new
section:
``research on transplantation of fetal tissue
``Sec. 498A. (a) Establishment of Program.--
``(1) In general.--The Secretary may conduct or support
research on the transplantation of human fetal tissue for
therapeutic purposes.
``(2) Source of tissue.--Human fetal tissue may be used in
research carried out under paragraph (1) regardless of whether
the tissue is obtained pursuant to a spontaneous or induced
abortion or pursuant to a stillbirth.
``(b) Informed Consent of Donor.--
``(1) In general.--In research carried out under subsection
(a), human fetal tissue may be used only if the woman providing
the tissue makes a statement, made in writing and signed by the
woman, declaring that--
``(A) the woman donates the fetal tissue for use in
research described in subsection (a);
``(B) the donation is made without any restriction
regarding the identity of individuals who may be the
recipients of transplantations of the tissue; and
``(C) the woman has not been informed of the
identity of any such individuals.
``(2) Additional statement.--In research carried out under
subsection (a), human fetal tissue may be used only if the
attending physician with respect to obtaining the tissue from
the woman involved makes a statement, made in writing and
signed by the physician, declaring that--
``(A) in the case of tissue obtained pursuant to an
induced abortion--
``(i) the consent of the woman for the
abortion was obtained prior to requesting or
obtaining consent for the tissue to be used in
such research; and
``(ii) no alteration of the timing, method,
or procedures used to terminate the pregnancy
was made solely for the purposes of obtaining
the tissue;
``(B) the tissue has been donated by the woman in
accordance with paragraph (1); and
``(C) full disclosure has been provided to the
woman with regard to--
``(i) such physician's interest, if any, in
the research to be conducted with the tissue;
and
``(ii) any known medical risks to the woman
or risks to her privacy that might be
associated with the donation of the tissue and
that are in addition to risks of such type that
are associated with the woman's medical care.
``(c) Informed Consent of Researcher and Donee.--In research
carried out under subsection (a), human fetal tissue may be used only
if the individual with the principal responsibility for conducting the
research involved makes a statement, made in writing and signed by the
individual, declaring that the individual--
``(1) is aware that--
``(A) the tissue is human fetal tissue;
``(B) the tissue may have been obtained pursuant to
a spontaneous or induced abortion or subsequent to a
stillbirth; and
``(C) the tissue was donated for research purposes;
``(2) has provided such information to other individuals
with responsibilities regarding the research;
``(3) will require, prior to obtaining the consent of an
individual to be a recipient of a transplantation of the
tissue, written acknowledgment of receipt of such information
by such recipient; and
``(4) has had no part in any decisions as to the timing,
method, or procedures used to terminate the pregnancy made
solely for the purposes of the research.
``(d) Availability of Statements for Audit.--
``(1) In general.--In research carried out under subsection
(a), human fetal tissue may be used only if the head of the
agency or other entity conducting the research involved
certifies to the Secretary that the statements required under
subsections (b)(2) and (c) will be available for audit by the
Secretary.
``(2) Confidentiality of audit.--Any audit conducted by the
Secretary pursuant to paragraph (1) shall be conducted in a
confidential manner to protect the privacy rights of the
individuals and entities involved in such research, including
such individuals and entities involved in the donation,
transfer, receipt, or transplantation of human fetal tissue.
With respect to any material or information obtained pursuant
to such audit, the Secretary shall--
``(A) use such material or information only for the
purposes of verifying compliance with the requirements
of this section;
``(B) not disclose or publish such material or
information, except where required by Federal law, in
which case such material or information shall be coded
in a manner such that the identities of such
individuals and entities are protected; and
``(C) not maintain such material or information
after completion of such audit, except where necessary
for the purposes of such audit.
``(e) Applicability of State and Local Law.--
``(1) Research conducted by recipients of assistance.--The
Secretary may not provide support for research under subsection
(a) unless the applicant for the financial assistance involved
agrees to conduct the research in accordance with applicable
State and local law.
``(2) Research conducted by secretary.--The Secretary may
conduct research under subsection (a) only in accordance with
applicable State and local law.
``(f) Definition.--For purposes of this section, the term `human
fetal tissue' means tissue or cells obtained from a dead human embryo
or fetus after a spontaneous or induced abortion, or after a
stillbirth.''.
SEC. 3. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF
TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.
Part G of title IV of the Public Health Service Act, as amended by
section 2 of this Act, is amended by inserting after section 498A the
following new section:
``prohibitions regarding human fetal tissue
``Sec. 498B. (a) Purchase of Tissue.--It shall be unlawful for any
person to knowingly acquire, receive, or otherwise transfer any human
fetal tissue for valuable consideration if the transfer affects
interstate commerce.
``(b) Solicitation or Acceptance of Tissue as Directed Donation for
Use in Transplantation.--It shall be unlawful for any person to solicit
or knowingly acquire, receive, or accept a donation of human fetal
tissue for the purpose of transplantation of such tissue into another
person if the donation affects interstate commerce, the tissue will be
or is obtained pursuant to an induced abortion, and--
``(1) the donation will be or is made pursuant to a promise
to the donating individual that the donated tissue will be
transplanted into a recipient specified by such individual;
``(2) the donated tissue will be transplanted into a
relative of the donating individual; or
``(3) the person who solicits or knowingly acquires,
receives, or accepts the donation has provided valuable
consideration for the costs associated with such abortion.
``(c) Criminal Penalties for Violations.--
``(1) In general.--Any person who violates subsection (a)
or (b) shall be fined in accordance with title 18, United
States Code, subject to paragraph (2), or imprisoned for not
more than 10 years, or both.
``(2) Penalties applicable to persons receiving
consideration.--With respect to the imposition of a fine under
paragraph (1), if the person involved violates subsection (a)
or (b)(3), a fine shall be imposed in an amount not less than
twice the amount of the valuable consideration received.
``(d) Definitions.--For purposes of this section:
``(1) The term `human fetal tissue' has the meaning given
such term in section 498A(f).
``(2) The term `interstate commerce' has the meaning given
such term in section 201(b) of the Federal Food, Drug, and
Cosmetic Act.
``(3) The term `valuable consideration' does not include
reasonable payments associated with the transportation,
implantation, processing, preservation, quality control, or
storage of human fetal tissue.''.
SEC. 4. REPORT BY GENERAL ACCOUNTING OFFICE ON ADEQUACY OF PROTECTIONS.
(a) In General.--With respect to research on the transplantation of
human fetal tissue for therapeutic purposes, the Comptroller General of
the United States shall conduct an audit for the purpose of
determining--
(1) whether and to what extent such research conducted or
supported by the Secretary of Health and Human Services has
been conducted in accordance with section 498A of the Public
Health Service Act (as added by section 2 of this Act); and
(2) whether and to what extent there have been violations
of section 498B of such Act (as added by section 3 of this
Act).
(b) Report.--Not later than May 19, 1995, the Comptroller General
of the United States shall complete the audit required in subsection
(a) and submit to the Congress a report describing the findings made
pursuant to the audit. | Research on Human Fetal Tissue Amendments of 1993 - Amends the Public Health Service Act to authorize and regulate research on human fetal tissue transplantation without regard to whether the tissue is obtained after a spontaneous or induced abortion or a stillbirth in accordance with State law.
Imposes criminal penalties for: (1) transferring such tissue for valuable consideration affecting interstate commerce; or (2) soliciting or receiving a directed donation. | {"src": "billsum_train", "title": "Research on Human Fetal Tissue Amendments of 1993"} | 2,107 | 95 | 0.615354 | 1.409648 | 0.8947 | 2.78481 | 24.392405 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Flag Passenger Vessel
Act of 1993''.
SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) In General.--Section 8 of the Act of June 19, 1886 (46 App.
U.S.C. 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 the coastwise trade; and
``(2) for 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 is liable to the United States
Government for 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, are liable to seizure by
and forfeiture to the United States Government.
``(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 that 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 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 transport
of passengers in coastwise trade on that trade route;
and
(B) within one year after the date of the 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 later 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 the 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 the enactment of this
Act, unless--
(A) each individual employed on the vessel after
the one-year period beginning on the date of the
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 one-year
period beginning on the date of the 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 the entry into
service on that trade route of an eligible vessel, if--
(A) the eligible vessel has a passenger carrying
capacity that is equal to at least 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, by not later than 270 days before the
date of that 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 that service;
(C) any individual employed on the ineligible
vessel after the one-year period beginning on the date
of the 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
one-year period beginning on the date of the 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 the
enactment of this Act.
(6) Definitions.--In 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 meaning
that term has under section 2101 of title 46, United
States Code.
SEC. 3. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
sections 12106 and 12107 of title 46, United States Code, the Secretary
of Transportation may issue certificates of documentation with
appropriate endorsement for employment in the coastwise trade for the
following vessels:
(1) Emerald Princess (former United States official number
530095).
(2) Europa Star (former United States official number
588270).
(3) Europa Sun (former United States official number
596656).
(b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the vessel M/V Helton Voyager (Spanish registration lista 2A-Folio-592)
if--
(1) the person documenting the vessel entered a contract
before May 21, 1992, to purchase the vessel;
(2) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United
States shipyard under a contract signed before January 1, 1994;
(3) the cost of the major conversion is more than the value
of the vessel before the major conversion; and
(4) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before January 1, 1995.
(c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade, for
the vessel M/V Twin Drill (Panama official number 8536-PEXT-2) if--
(1) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United
States shipyard;
(2) the cost of the major conversion is more than 3 times
the purchase value of the vessel before the major conversion;
(3) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before June 30, 1995; and
(4) the person documenting the vessel contracts with a
United States shipyard to construct an additional vessel of
equal or greater passenger capacity within 12 months of the
date of enactment of this Act, for delivery within 36 months of
the date of such contract, which vessel shall also be
documented under chapter 121 of title 46, United States Code.
(d)(1) The vessel Star of Texas (Lloyds register number L5103936)
may engage in coastwise trade (as defined in section 8(c)(1)(A) of the
Act of June 19, 1886, as amended by this Act) out of the Port of
Galveston during the 5-year period beginning on the date of the
enactment of this Act, if during the period beginning 30 days after
that date of enactment and ending 5 years after that date of
enactment--
(A) at least 60 employees engaged on the vessel are United
States citizens;
(B) of the employees engaged on the vessel who are United
States citizens, at least 60 are proficient in lifeboat
training, firefighting, and vessel evacuation under standards
certified by the United States Coast Guard;
(C) all repairs and alterations to the vessel are done in
United States shipyards;
(D) the vessel is a United States documented vessel before
the end of that period; and
(E) all other employees are instructed in basic safety
techniques.
(2) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, and
subject to paragraph (1), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade in the period described in paragraph
(1) for a vessel described in that paragraph.
SEC. 4. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING DEVICES
ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by
adding at the end the following:
``(C) Exclusion of certain voyages and segments.--A
voyage or segment of a voyage is not described in
subparagraph (B) if it includes or consists of,
respectively, a segment--
``(i) that begins and ends in the same
State or possession of the United States;
``(ii) that is part of a voyage to another
State or possession of the United States or to
a foreign country; and
``(iii) in which the vessel reaches the
other State or possession of the United States
or the foreign country within 3 days after
leaving the State or possession of the United
States in which the segment begins.''.
Passed the House of Representatives November 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By Dallas L. Dendy, Jr.,
Assistant to the Clerk. | United States-Flag Passenger Vessel Act of 1993 - 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) in the case of 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.
Authorizes the Secretary of Transportation to issue certificates of documentation for certain named vessels. Authorizes the Secretary to issue such certificates to certain other named vessels if certain conditions are met.
Amends the Johnson Act to set forth instances in which the prohibition on gambling devices on vessels shall not apply. | {"src": "billsum_train", "title": "United States-Flag Passenger Vessel Act of 1993"} | 2,621 | 186 | 0.596758 | 1.517218 | 0.766823 | 2.827381 | 14.464286 | 0.839286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USERRA Enforcement Improvement Act
of 2007''.
SEC. 2. REFORM OF USERRA COMPLAINT PROCESS.
(a) Notification of Rights With Respect to Complaints.--Subsection
(c) of section 4322 of title 38, United States Code, is amended to read
as follows:
``(c)(1) Not later than 5 days after the Secretary receives a
complaint submitted by a person under subsection (a), the Secretary
shall notify such person of his or her rights with respect to such
complaint under this section and section 4223 or 4224, as the case may
be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint under
this subsection, and when appropriate, to such claimant's employer.''.
(b) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 of such title is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with respect
to a complaint submitted by a person to the Secretary under subsection
(a) shall be completed by the Secretary not later than 90 days after
receipt of such complaint.''.
(c) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) of such title is amended by inserting ``Not later
than 15 days after the Secretary receives such a request with
respect to a complaint, the Secretary shall refer the complaint
to the Attorney General.'' after ``to the Attorney General.''.
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) of such title is amended by striking ``The Secretary
shall refer'' and inserting ``Not later than 15 days after the
date the Secretary receives such a request, the Secretary shall
refer''.
(d) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) of
such title is amended--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Not later than 45 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall--
``(A) make a decision whether to appear on behalf of, and
act as attorney for, the person on whose behalf the complaint
is submitted; and
``(B) notify such person of such decision.''.
(2) Notification by special counsel.--Section 4324(a)(2)(B)
of such title is amended to read as follows:
``(B) Not later than 45 days after the date the Special Counsel
receives a referral under paragraph (1), the Special Counsel shall--
``(i) make a decision whether to initiate an action and
represent a person before the Merit Systems Protection Board
under subparagraph (A); and
``(ii) notify such person of such decision.''.
SEC. 3. EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT
OF USERRA.
(a) Modification of Annual Report by Secretary.--Section 4332 of
title 38, United States Code, is amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (7) through (9), respectively, and inserting after
paragraph (3) the following new paragraphs (4), (5), and (6):
``(4) The number of cases reviewed by the Secretary of
Defense through the National Committee for Employer Support of
the Guard and Reserve of the Department of Defense during such
fiscal year.
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for
Employer Support of the Guard and Reserve of the Department of
Defense that involve the same person seeking employment or
reemployment.
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a
disability-related issue;
``(B) the number of such cases not described by
subparagraph (A) that involve a person seeking
employment or reemployment who has a disability; and
``(C) with respect to subparagraphs (A) and (B)
separately, the number of each type of such
disabilities.'';
(3) in paragraph (7), as so redesignated, by striking ``or
(3)'' and inserting ``(3), (4), or (5)''; and
(4) in subsection (a), as designated by paragraph (1), by
striking ``transmit to the Congress'' and inserting ``submit to
Congress, the Secretary of Defense, the Secretary of Veterans
Affairs, the Attorney General, and the Special Counsel,''.
(b) Quarterly Report by Comptroller General.--Such section 4332 is
further amended by adding at the end the following new subsection:
``(b) Quarterly Report by Comptroller General.--The Comptroller
General of the United States shall submit each quarter to Congress, the
Secretary of Defense, the Secretary of Veterans Affairs, the Attorney
General, and the Special Counsel a report setting forth, for the
previous full quarter, the following:
``(1) The number of cases for which the Secretary did not
meet the requirements of section 4322(f) of this title.
``(2) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section 4323(a)
of this title but did not make such referral within the time
period required by such paragraph.
``(3) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section 4324(a)
of this title but did not make such referral within the time
period required by such paragraph.
``(4) The number of cases for which the Attorney General
received a referral under paragraph (1) of section 4323(a) of
this title but did not meet the requirements of paragraph (2)
of such section 4323(a) for such referral.
``(5) The number of cases for which the Special Counsel
received a referral under paragraph (1) of section 4324(a) of
this title but did not meet the requirements of paragraph
(2)(B) of such section 4324(a) for such referral.''.
(c) Uniform Categorization of Data.--Such section 4332 is further
amended by adding at the end the following new subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Secretary of Veterans
Affairs, the Attorney General, and the Special Counsel to ensure that--
``(1) the information in the reports required by this
section is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the
Secretary of Veterans Affairs, the Attorney General, and the
Special Counsel each have electronic access to the case files
reviewed under this chapter by the Secretary, the Secretary of
Defense, the Attorney General, and the Special Counsel.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to each report required under such section 4332
after the date of the enactment of this Act. | USERRA Enforcement Improvement Act of 2007 - Amends provisions concerning uniformed services members' employment or reemployment rights or benefits to: (1) require complainants to be notified of their rights within five days after receipt of the complaint by the Secretary of Labor; (2) require investigation and resolution of complaints to be completed no later than 90 days after receipt of the complaint; and (3) impose a 15-day deadline on referral to the Attorney General or to the Office of Special Counsel of an unsuccessful effort to resolve a complaint against a state or private employer or a federal executive agency, respectively. Requires the Attorney General or the Special Counsel, as appropriate, to make a decision and provide notification concerning representation of a complainant within 45 days of a referral.
Modifies requirements for annual case reporting by the Secretary to include data of the National Committee for Employer Support of the Guard and Reserve and data concerning those with disabilities.
Requires the Comptroller General to make quarterly reports on claims processing.
Requires the Secretary to ensure that: (1) report information is categorized in a uniform way; and (2) the Secretary and the Secretaries of Defense and Veterans Affairs, the Attorney General, and the Special Counsel each have electronic access to case files reviewed under the uniformed services employment and reemployment rights provisions. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes."} | 1,676 | 281 | 0.566699 | 1.70125 | 0.806676 | 2.400794 | 6.337302 | 0.805556 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Networking and Information Technology
Research and Development for Department of Energy Missions Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Department of Energy, especially in its Office of
Science research programs, has played a key role in the
development of high performance computing, networking and
information technology. Important contributions by the
Department include pioneering the concept of remote,
interactive access to supercomputers; developing the first
interactive operating system for supercomputers; establishing
the first national supercomputer center; laying the
mathematical foundations for high performance computing with
numerical linear algebra libraries now used by thousands of
researchers worldwide; leading the transition to massively
parallel supercomputing by developing software for parallel
virtual machines; and contributing to the development of the
Internet with software that is now used in the TCP/IP system
responsible for routing information packages to their correct
destinations.
(2) The Department of Energy's contributions to networking
and information technology have played a key role in the
Department's ability to accomplish its statutory mission in the
past, in particular through the development of remote access to
its facilities. Continued accomplishments in these areas will
be needed to continue to carry out these missions in the
future.
(3) The Department of Energy, through its portfolio of
unique facilities for scientific research including high energy
and nuclear laboratories, neutron source and synchrotron
facilities, and computing and communications facilities such as
the National Energy Research Scientific Computing Center and
Energy Sciences Network, has a unique and vital role in
advancing the scientific research, networking and information
technology infrastructure for the nation.
(4) The challenge of remote creation of, access to,
visualization of, and simulation with petabyte-scale (1,000,000
gigabyte) data sets generated by experiments at DOE scientific
facilities is common to a number of different scientific
disciplines. Effective treatment of these problems will likely
require collaborative efforts between the university, national
laboratory and industrial sectors and involve close
interactions of the broader scientific community with
computational, networking and information scientists.
(5) The solution of contemporary challenges facing the
Department of Energy in developing and using high-performance
computing, networking, communications, and information
technologies will be of immense value to the entire nation.
Potential benefits include: effective earth, climate, and
energy systems modeling; understanding aging and fatigue
effects in materials crucial to energy systems; promoting
energy-efficient chemical production through rational catalyst
design; predicting the structure and functions of the proteins
coded by DNA and their response to chemical and radiation
damage; designing more efficient combustion systems; and
understanding turbulent flow in plasmas in energy and advanced
materials applications.
SEC. 3. DEPARTMENT OF ENERGY PROGRAMS.
(a) High-Performance Computing Act Program.--Section 203(a) of the
High-Performance Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--
(1) in paragraph (3), by striking ``and'';
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding after paragraph (4) the following:
``(5) conduct an integrated program of research,
development, and provision of facilities to develop and deploy
to scientific and technical users the high-performance
computing and collaboration tools needed to fulfill the
statutory missions of the Department of Energy.''.
(b) Computation, Networking and Information Technology
Collaborative Program.--Within the funds authorized under this Act, the
Secretary shall provide up to $25,000,000 in each fiscal year for a
program of collaborative projects involving remote access to high-
performance computing assets or remote experimentation over network
facilities. The program shall give priority to cross-disciplinary
projects that involve more than one office within the Office of Science
of the Department of Energy or that couple the Office of Science with
Departmental energy technology offices.
(c) Program Line Authority.--To the extent consistent with their
national security mission, laboratories administered by the National
Nuclear Security Administration may compete for funding authorized in
this Act to the same extent and on the same terms as other Department
of Energy offices and laboratories. Such funding at laboratories
administered by the National Nuclear Security Administration shall be
under the direct programmatic control of the sponsoring program for the
funding in the Department of Energy.
(d) Merit Review.--All grants, contracts, cooperative agreements,
or other financial assistance awarded under programs authorized in this
Act shall be made only after being subject to independent merit review
by the Department of Energy.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
for the purposes of carrying out section 203 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5523) and this Act $190,000,000 for
fiscal year 2001; $250,000,000 for fiscal year 2002; $285,000,000 for
fiscal year 2003; $300,000,000 for fiscal year 2004; and $300,000,000
for fiscal year 2005. | Authorizes laboratories administered by the National Nuclear Security Administration to compete for funding authorized in this Act.
Authorizes appropriations for FY2001through 2005. | {"src": "billsum_train", "title": "Networking and Information Technology Research and Development for Department of Energy Missions Act"} | 1,042 | 33 | 0.352694 | 0.96087 | 0.139467 | 2.88 | 41.16 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Student Privacy Act of
2014''.
SEC. 2. FERPA IMPROVEMENTS.
Subsection (b) of section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) (commonly referred to as the ``Family Educational
Rights and Privacy Act of 1974'') is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (8) through (11), respectively;
(2) by inserting after paragraph (3) the following:
``(4)(A) No funds shall be made available under any applicable
program to any educational agency or institution that has not
implemented information security policies and procedures that--
``(i) protect personally identifiable information from
education records maintained by the educational agency or
institution; and
``(ii) require each outside party to whom personally
identifiable information from education records is disclosed to
have information security policies and procedures that include
a comprehensive security program designed to protect the
personally identifiable information from education records.
``(B) For purposes of this subsection, the term `outside party'
means a person that is not an employee, officer, or volunteer of the
educational agency or institution or of a Federal, State, or local
governmental agency and includes any contractor or consultant acting as
a school official or authorized representative or in any other
capacity.
``(5) Notwithstanding any other provision of this section or
paragraph (2)(A), no funds shall be made available under any applicable
program to any educational agency or institution that has a policy or
practice of using, knowingly releasing, or otherwise knowingly
providing access to personally identifiable information, as described
in paragraph (2), in the education records of a student to advertise or
market a product or service.
``(6) Each State educational agency receiving funds under an
applicable program, and each educational agency or institution, shall
ensure that any outside party with access to education records with
personally identifiable information complies with the following:
``(A) Any education records that are held by the outside
party shall be held in a manner that provides, as directed by
the educational agency or institution, parents with--
``(i) the right to access the personally
identifiable information held about their students by
the outside party, to the same extent and in the same
manner as provided in subsection (a)(1); and
``(ii) a process to challenge, correct, or delete
any inaccurate, misleading, or otherwise inappropriate
data in any education records of such student that are
held by the outside party, through an opportunity for a
hearing by the agency or institution providing the
outside party with access, in accordance with
subsection (a)(2).
``(B) The outside party shall maintain a record of all
individuals, agencies, or organizations that have requested or
obtained access to the education records of a student held by
the outside party, in the same manner as is required under
paragraph (8).
``(C) The outside party shall have policies or procedures
in place regarding information security practices regarding the
education records, in accordance with paragraph (4).
``(7) No funds under any applicable program shall be made available
to any educational agency or institution, or any State educational
agency, unless the agency or institution has a policy or practice
that--
``(A) promotes data minimization in order to safeguard
individual privacy by meeting any request for student
information with non-personally identifiable information, if
the purpose of any appropriate request can be effectively met
with non-personally identifiable information; and
``(B) requires that all personally identifiable information
on an individual student held by any outside party be destroyed
when the information is no longer needed for the specified
purpose.''; and
(3) in paragraph (8)(A), as redesignated by paragraph (1)--
(A) by inserting ``who are employees, officers, or
volunteers of the agency or institution'' after ``of
this subsection'';
(B) by striking ``or organizations'' and inserting
``organizations, or outside parties'';
(C) by striking ``or organization'' and inserting
``organization, or outside party''; and
(D) by inserting ``and will describe the
information shared with such person, outside party,
agency, or organization'' after ``obtaining this
information''. | Protecting Student Privacy Act of 2014 - Amends the Family Educational Rights and Privacy Act of 1974 to prohibit programs administered by the Department of Education from making funds available to any educational agency or institution that has not implemented information security policies that: (1) protect personally identifiable information (PII) from education records, and (2) require each outside party to whom PII from education records is disclosed to have a comprehensive security program to protect such information. Defines "outside party" as a person that is not an employee, officer, or volunteer of the educational agency or institution or of a government agency. Includes within such term any contractor or consultant acting as a school official or authorized representative or in any other capacity. Prohibits such funds from being made available to any educational agency or institution that has a policy or practice of using, releasing, or providing access to PII to advertise or market a product or service. Requires state agencies receiving such funds, and each educational agency or institution, to ensure that any outside party with access to such records: (1) provides parents access to any PII it holds about their students; (2) provides a process to challenge, correct, or delete any inaccurate, misleading, or inappropriate data through a hearing by the agency or institution providing the outside party with access; (3) maintains a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student; and (4) has information security procedures in place. Prohibits funds from being made available to any educational agency or institution, or any state educational agency, unless the agency or institution has a practice that: (1) promotes data minimization by meeting requests for student information with non-PII, and (2) requires that PII held by any outside party be destroyed when the information is no longer needed for the specified purpose. Directs educational agencies and institutions to maintain a record of all outside parties which have requested or obtained access to a student's education records. Requires such record to describe the information shared and to indicate specifically the party's legitimate interest in obtaining this information. | {"src": "billsum_train", "title": "Protecting Student Privacy Act of 2014"} | 932 | 454 | 0.669995 | 2.142394 | 0.910696 | 4.932203 | 2.276029 | 0.912833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TIFIA 2.0 Act''.
SEC. 2. TIFIA FUNDING.
(a) In General.--Section 608 of title 23, United States Code, is
amended to read as follows:
``Sec. 608. Funding
``(a) TIFIA Revolving Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund to be known as the
Transportation Infrastructure Finance and Innovation Act
Revolving Fund (in this section referred to as the `Fund').
``(2) Deposits.--There shall be deposited in the Fund the
following:
``(A) Amounts made available to carry out this
chapter.
``(B) Amounts received from the repayment of
principal and interest on a direct loan made under this
chapter.
``(C) Unobligated and uncommitted budget authority
under this chapter in a fiscal year.
``(D) Proceeds from the sale of secured loans under
section 603(d).
``(E) Amounts received from interest on investments
under paragraph (6).
``(F) Amounts received from the collection of fees
established by the Secretary of Transportation (in this
section referred to as the `Secretary') pursuant to
this chapter.
``(3) Disbursements.--Disbursements from the Fund may be
made by the Secretary for the purpose of carrying out this
chapter.
``(4) Rural set aside.--
``(A) In general.--Of the amounts deposited in the
Fund in a fiscal year, not more than 10 percent shall
be set aside for use in the following fiscal year for
rural infrastructure projects.
``(B) Reinvestment.--Any amounts set aside for a
fiscal year under subparagraph (A) that remain
unobligated by June 1 of that fiscal year shall be
invested pursuant to paragraph (6).
``(5) Transfers.--The Secretary shall transfer from the
Fund to the general fund of the Treasury amounts equivalent to
moneys deposited in the Fund as a result of repayment of
principal and interest on a direct loan made under this chapter
before the date of enactment of the TIFIA 2.0 Act.
``(6) Investments authority.--The Secretary of the Treasury
shall invest any portion of the Fund that, as determined by the
Secretary, is not required to meet current expenses. Each such
investment shall be made in an interest-bearing obligation of
the United States or an obligation guaranteed both as to
principal and interest by the United States that, as determined
by the Secretary, has a maturity date suitable for the purposes
of the Fund. The Secretary of the Treasury shall credit
interest earned on the obligations to the Fund.
``(7) Administrative costs.--Of the amounts in the Fund,
the Secretary may use not more than 0.50 percent for each
fiscal year for the administration of this chapter, excluding
amounts to be transferred under paragraph (5).
``(b) Contracting Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts in the Fund shall impose on
the United States a contractual obligation to fund the Federal
credit investment.
``(2) Availability.--Amounts in the Fund shall be available
for obligation without fiscal year limitation and without
further appropriation until expended.''.
(b) Conforming Amendments.--Chapter 6 of such title is amended--
(1) in section 601(a)--
(A) by striking paragraph (18); and
(B) by redesignating paragraphs (19) and (20) as
paragraphs (18) and (19), respectively;
(2) in section 602(b)(1) by striking ``the subsidy costs
associated with'';
(3) in section 603--
(A) in subsection (a)(3) by striking ``subsidy
amount''; and
(B) in subsection (b)--
(i) in paragraph (4)(B)(ii) by striking
``the subsidy cost of which''; and
(ii) by striking paragraph (6)(B) and
inserting the following:
``(B) Preexisting indenture.--The Secretary shall
waive the requirement under subparagraph (A) for a
public agency borrower that is financing ongoing
capital programs and has outstanding senior bonds under
a preexisting indenture, if--
``(i) the secured loan is rated in the A
category or higher;
``(ii) the secured loan is secured and
payable from pledged revenues not affected by
project performance, such as a tax-backed
revenue pledge or a system-backed pledge of
project revenues; and
``(iii) the TIFIA program share of eligible
project costs is 33 percent or less.''; and
(4) in section 604--
(A) in subsection (a)(3) by striking ``subsidy'';
and
(B) by striking subsection (b)(8)(B) and inserting
the following:
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall
waive the requirement of subparagraph (A) for a
public agency borrower that is financing
ongoing capital programs and has outstanding
senior bonds under a preexisting indenture,
if--
``(I) the line of credit is rated
in the A category or higher;
``(II) the TIFIA program loan
resulting from a draw on the line of
credit is payable from pledged revenues
not affected by project performance,
such as a tax-backed revenue pledge or
a system-backed pledge of project
revenues; and
``(III) the TIFIA program share of
eligible project costs is 33 percent or
less.''.
SEC. 3. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility.--Section 602(a)(9) of title 23, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) generate revenue through tolls or user fees,
or promote use of a facility that generates such
revenues.''.
(b) Selection Among Eligible Projects.--Section 602(b)(1) of such
title, as amended by this Act, is further amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Application process.--Subject to subparagraph
(B), the Secretary''; and
(2) by adding at the end the following:
``(B) Priority.--In selecting projects to receive
funding under subparagraph (A), the Secretary shall
give priority consideration to projects with sponsors
who have sponsored prior credit agreements under this
chapter that have been repaid in full.''. | TIFIA 2.0 Act - Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise the Department of Transportation (DOT) TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects. Establishes in the Treasury a TIFIA Revolving Fund. Requires the set-aside of up to 10% of Fund amounts for rural infrastructure projects (as similarly required in current funding law). Directs the Secretary of Transportation to transfer from the Fund to the general fund of the Treasury amounts equal to moneys deposited in the Fund as a result of the repayment of principal and interest on direct loans for transportation infrastructure projects before enactment of this Act. Revises project eligibility requirements. | {"src": "billsum_train", "title": "TIFIA 2.0 Act"} | 1,595 | 163 | 0.629899 | 1.724909 | 0.697174 | 2.8 | 10.938462 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Awareness Program Act''.
SEC. 2. ADOPTION AWARENESS PROGRAM.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish an
adoption awareness program. The Secretary shall make grants through the
program to eligible private entities to pay for the Federal share of
the cost of developing and distributing materials promoting adoption.
(b) Use of Funds.--
(1) In general.--An entity that receives a grant under
subsection (a) shall use funds made available through the grant
to develop and carry out an adoption public promotion campaign,
including--
(A) developing and placing public service
announcements regarding adoption on television, radio,
and billboards; and
(B) developing and distributing brochures regarding
adoption through federally funded family planning
clinics in the United States, including coordinating
the distribution of the brochures with the distribution
of educational materials under title X of the Public
Health Service Act (42 U.S.C. 300 et seq.).
(2) Limitation.--The entity may not place a public service
announcement, as described in paragraph (1)(A), or distribute a
brochure, as described in paragraph (1)(B), until the Secretary
has reviewed the announcement or brochure, reviewed the
recommendation described in section 3(d) regarding the
announcement or brochure, and approved the announcement or
brochure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time, in such manner, and including such information as the
Secretary may require.
(d) Selection.--The Secretary shall make grants under subsection
(a) to recipients selected from among applicants receiving favorable
recommendations from the Adoption Advisory Committee under section
3(d)(1)(B).
(e) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be contributed in cash or in kind, fairly evaluated,
including plant, equipment, or services.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Adoption Awareness Commission (referred to in this Act as the
``Commission'').
(b) Composition.--The Commission shall be composed of 7 members, of
whom--
(1) 1 shall be appointed by the President;
(2)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the majority leader of
the Senate; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
Senate; and
(3)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the Speaker of the House
of Representatives; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
House of Representatives.
(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) Duties.--The Commission shall--
(1)(A) review the applications submitted under section 2;
and
(B) by majority vote, make recommendations to the Secretary
regarding which applicants should receive grants made under
section 2; and
(2)(A) review the public service announcements and
brochures developed by the recipients of the grants made under
section 2; and
(B) by majority vote, make recommendations to the Secretary
regarding approval of the announcements and brochures.
(e) Meetings.--The Commission shall meet at least 4 times in each
fiscal year.
(f) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(g) 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.
(h) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(i) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(j) Termination.--The Commission shall terminate on September 30,
2002.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 1998 through 2002. | Adoption Awareness Program Act - Directs the Secretary of Health and Human Services to: (1) establish an adoption awareness program; and (2) make grants through the program to eligible private entities to pay for the Federal share of the cost of developing and distributing materials promoting adoption.
Establishes the Adoption Awareness Commission to: (1) review grant applicants and the public service announcements and brochures developed by the grantees; and (2) make recommendations to the Secretary regarding grant recipients and Commission approval of announcements and brochures.
Authorizes appropriations. | {"src": "billsum_train", "title": "Adoption Awareness Program Act"} | 1,251 | 114 | 0.671295 | 1.696393 | 0.652918 | 4.54717 | 10.867925 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seabed Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) More than \2/3\ of Earth's surface is covered by
oceans.
(2) The oceans and marine waters contain a greater variety
of forms of life than exists on land, and scientists are
continually discovering new forms of life in previously
unexplored, unique habitats.
(3) The earth's human population is dependent upon the
products of the oceans for income, nutrition, medicines, raw
materials, and valuable natural services such as climate
regulation, flood control, and storm surge protection.
(4) The practice and technology of bottom trawling and use
of other mobile fishing gear on the seabed has increased to the
point that an area of seabed twice the size of the contiguous
United States is affected by these practices each year.
(5) These practices result in a loss of biological
diversity, which is detrimental not only to the ocean
environment itself but also to the industries and people that
depend on that environment.
(6) Little is known about the recoverability of the seabed
from the effects of bottom trawling and use of other mobile
fishing gear on the seabed. However, due to the slow rates of
growth and reproduction of some marine species, it is believed
that full recovery in some areas may take decades or centuries.
SEC. 3. MORATORIUM.
(a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), no person may engage in bottom trawling or use of other mobile
fishing gear on the seabed in any marine area described in subsection
(b), until--
(1) the National Marine Fisheries Service has completed a
study and determined the effects of those practices in those
areas;
(2) the Secretary of Commerce has determined, based on
findings of such a study and other pertinent scientific
information, that the impacts of bottom trawling and such other
mobile fishing gear on biodiversity, marine habitat, and
productivity of fish stocks is negligible; and
(3) the Secretary of Commerce has approved and implemented
fishery management plans for those areas, that--
(A) are developed by the appropriate regional
fishery management councils in accordance with that
Act;
(B) encourage the use of fishing gears that are
less destructive of habitat than bottom trawling and
other mobile fishing gear on the seabed; and
(C) prohibit use of bottom trawling and other
mobile fishing gear practices that threaten the
continued sustainability of ecosystems in those areas.
(b) Marine Areas Described.--
(1) In general.--The marine areas referred to in subsection
(a) are the following:
(A) The Heceta Banks, located off the coast of
Oregon, 125 00' w-124 45' w / 43 55' n-44 15' n.
(B) Cordell Bank, located off the coast of central
California, 123 20' w-123 38' w/ 37 55' n-30 05' n.
(C) The Gulf of the Farallones outside of the line
that is three miles from the coastline, located off the
coast of California, 122 35' w-123 15''w/ 37 30' n-38
05' n.
(D) Tanner and Cortez Banks, located off the coast
of southern California, 119 00' w-119 25' w/ 32 50 n-32
20' n.
(E) Punta Gorda, located off the coast of northern
California, 124 23' w-124 50' w/ 4-20' n-40 10' n.
(F) Cape Blanco, located off the coast of Oregon,
124 42' w-124 55' w/ 42 40' n-43 00n.
(G) Florida Middle Grounds located in the Gulf of
Mexico off the coast of Florida, 84 40'w-85 15' w/ 28
10'n-28 55n.
(H) Dry Tortugas, located in the Gulf of Mexico off
the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24
50'n.
(I) Nantucket Shoals, located off the coast of Cape
Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n.
(J) Jeffrey's Ledge, Tillies Bank, and Stellwagon
Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42
08'n-43 15'n.
(K) Cashes Ledge, located in the Gulf of Maine, 68
40'w-69 15'w/42 30'n-43 15'n.
(L) Stonewall Bank of the central Oregon coast, 124
20'w-124 28'w/44 27'n-44 39'n.
(M) Rogue River Reef off the southern Oregon coast,
124 35'w-124 50'w/42 25'n-42 35'n.
(2) Further description by secretary.--For purposes of this
Act, the Secretary of Commerce may more particularly describe
the areas listed in paragraph (1).
(c) Report.--The Secretary of Commerce shall report annually to the
Committee on Resources of the House of Representatives and the
Committee on Commerce of the Senate regarding the recovery of areas
described in subsection (b) from the effects of bottom trawling and use
of other mobile fishing gear on the seabed.
(d) Limitation on Application.--Subsection (a) shall not apply to
an area after the date the Secretary publishes a finding that there are
in effect, under State law or a fishery management plan under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), measures that are at least as effective as subsection
(a) in maintaining the sustainability of ecosystems in that area.
(e) Definitions.--In this section:
(1) Negligible.--The term ``negligible'' means--
(A) insufficient to diminish the productivity of
fish stocks; and
(B) insufficient to significantly reduce other
marine life.
(2) Sustainability of ecosystems.--The term
``sustainability of ecosystems'' means the capability of
ecosystems to--
(A) maintain productivity of fish stocks at maximum
sustainable yield specified for those fish stocks in
fishery management plans in effect under the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.); and
(B) maintain types and abundances of other marine
species normally found within similar areas that are
not subject to bottom trawling and other mobile fishing
gear practices. | Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed.
Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area. | {"src": "billsum_train", "title": "Seabed Protection Act"} | 1,515 | 116 | 0.5318 | 1.53165 | 0.571247 | 6.938776 | 12.918367 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treatment and Recovery Investment
Act''.
SEC. 2. OPIOID TREATMENT AND RECOVERY INITIATIVE.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the second section 514 relating to the
methamphetamine and amphetamine treatment initiative (42 U.S.C.
290bb-9) as section 514B; and
(2) by adding at the end the following:
``SEC. 514C. OPIOID TREATMENT AND RECOVERY INITIATIVE.
``(a) Grants.--
``(1) Authority to make grants.--The Director of the Center
for Substance Abuse Treatment may award grants to the State
agencies responsible for administering funds received under the
substance abuse prevention and treatment block grant program
under title XIX, units of local government that have a high
rate, or have had a rapid increase, in the use of, or death
related to the use of, heroin or other opioids, including
prescription opioids, and Indian tribes or tribal organizations
(as defined in section 4 of the Indian Health Care Improvement
Act), in order to permit such entities to expand evidence-based
treatment activities and related recovery services in the
specific geographical areas of such entities where there exists
a need to address the use of, or death related to the use of,
heroin or other opioids.
``(2) Recipients.--Grants awarded under paragraph (1) shall
be directed to the substance abuse directors of the States and
the appropriate tribal government authorities of the Indian
tribes.
``(3) Nature of activities.--Grant funds awarded under
paragraph (1) shall be used for activities that are based on
reliable scientific evidence of efficacy in the treatment of
problems related to the use or misuse of heroin or other
opioids.
``(b) Geographic Distribution.--The Director shall ensure that
grants awarded under subsection (a) are distributed equitably among the
various regions of the United States and among rural, urban, and
suburban areas that are affected by the use of heroin or other opioids.
``(c) Evaluation and Reporting.--A State agency, unit of local
government, or Indian tribe or tribal organization receiving a grant
under subsection (a) shall provide the Director with aggregate data and
other information determined by the Director to be necessary to enable
the Director--
``(1) to evaluate the success of the grant program involved
in achieving its purposes; and
``(2) to prepare and submit the report to Congress on an
annual basis.
``(d) Additional Activities.--In carrying out this section, the
Director shall--
``(1) disseminate widely such findings derived from the
evaluation conducted under subsection (c) as the Director
considers appropriate;
``(2) provide States, Indian tribes, and tribal
organizations, and health care providers with technical
assistance in connection with the provision of evidence-based
treatment for problems related to heroin and other opioids; and
``(3) give priority to applications for grants under this
section that support recovery and related services as a
critical component of the grant program, including
comprehensive social services that assist with housing,
employment, or education.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $27,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year under paragraph (1),
the lesser of 5 percent of such funds or $1,000,000 shall be
available to the Director for purposes of carrying out
subsection (c).''.
SEC. 3. GRANTS FOR ENHANCING PRIMARY CARE ACCESS FOR OPIOID DEPENDENT
PREGNANT AND PARENTING WOMEN.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 2, is further amended by
adding at the end the following:
``SEC. 514D. GRANTS FOR ENHANCING PRIMARY CARE ACCESS FOR OPIOID
DEPENDENT PREGNANT AND PARENTING WOMEN.
``(a) In General.--The Director of the Center for Substance Abuse
Treatment shall award grants to State substance abuse agencies, Indian
tribes or tribal organizations (as defined in section 4 of the Indian
Health Care Improvement Act), and public nonprofit entities for the
purpose of enhancing access to primary care and related services for
pregnant and parenting women diagnosed with opioid dependence.
``(b) Use of Funds.--Amount awarded under a grant under subsection
(a) may be used to assist health care providers or facilities caring
for pregnant and parenting opioid dependent women to provide the
following services:
``(1) Clinically appropriate trauma informed gender-
specific services that are based on reliable scientific
evidence of efficacy in the treatment of problems related to
substance use disorder.
``(2) Prenatal and postpartum care.
``(3) Child care for infants and other children under the
age of 18 of the opioid dependent woman.
``(4) Prevention and wellness services, including nutrition
education, exercise instruction, and training in other life and
coping skills.
``(5) Developmental and therapeutic services for children
of opioid dependent woman.
``(6) Domestic violence services.
``(7) Educational services for women on proper care for
newborns with neonatal abstinence syndrome and other clinical
indications for newborns related to substance use during
pregnancy.
``(8) Parenting courses.
``(9) HIV/AIDS and Hepatitis C care and services.
``(10) Dental services.
``(11) Recovery coaches and mentors that can assist in
supporting the opioid dependent woman in achieving long term
recovery according to the needs of the woman.
``(12) Case management services, including assistance in
establishing eligibility for public programs, housing
assistance, job training, educational or vocational
opportunities, transportation, and other related activities.
``(c) Length of Grant.--Each grant awarded under subsection (a)
shall be for a period of 5 years.
``(d) Additional Activities.--The Director shall--
``(1) collect and evaluate data regarding activities
supported by grants awarded under subsection (a);
``(2) give priority in awarding grants to applicants that
are meeting a geographical need for substance use disorder
services for pregnant, postpartum or parenting women; and
``(3) give priority in awarding grants to entities that are
collaborating with State health care, public health, criminal
justice, and child welfare agencies as well as local Federally
qualified health centers for the purpose of enhancing access to
primary care and related services for pregnant and parenting
women diagnosed with opioid dependence.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $15,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year, the lesser of 5
percent of such funds or $1,000,000 shall be available to the
Director for purposes of carrying out subsection (d).''.
SEC. 4. ADOLESCENT TREATMENT PROGRAMS.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 3, is further amended by
adding at the end the following:
``SEC. 514E. GRANTS TO IMPROVE ACCESS TO TREATMENT AND RECOVERY FOR
ADOLESCENTS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall award grants,
contracts, or cooperative agreements to eligible State substance abuse
agencies and other entities determined appropriate by the Director for
the purpose of increasing the capacity of substance use disorder
treatment and recovery services for adolescents.
``(b) Eligibility.--To be eligible to receive a grant, contract, or
cooperative agreement under subsection (a) an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and contain such information as the
Director may require, including a plan for the evaluation of
any activities carried out with the funds provided under this
section;
``(2) ensure that all entities receiving support under the
grant, contract, or cooperative agreement comply with all
applicable State licensure or certification requirements
regarding the provision of the services involved; and
``(3) provide the Director with periodic evaluations of the
progress of the activities funded under this section and an
evaluation at the completion of such activities, as the
Director determines to be appropriate.
``(c) Priority.--In awarding grants, contracts, and cooperative
agreements under subsection (a), the Director shall give priority to
applicants who propose to fill a demonstrated geographic need for
adolescent specific residential treatment services.
``(d) Use of Funds.--Amounts awarded under grants, contracts, or
cooperative agreements under this section may be used to enable health
care providers or facilities that provide treatment and recovery
assistance for adolescents with a substance use disorder to provide the
following services:
``(1) Individualized patient centered care that is specific
to circumstances of the individual patient.
``(2) Clinically appropriate, trauma-informed, gender-
specific and age appropriate treatment services that are based
on reliable scientific evidence of efficacy in the treatment of
problems related to substance use disorders.
``(3) Clinically appropriate care to address treatment for
substance use and any co-occurring physical and mental health
disorders at the same location, and through access to primary
care services.
``(4) Coordination of treatment services with recovery and
other social support, including educational, vocational
training, assistance with the juvenile justice system, child
welfare, and mental health agencies.
``(5) Aftercare and long-term recovery support, including
peer support services.
``(e) Duration of Assistance.--Grants, contracts, and cooperative
agreements awarded under subsection (a) shall be for a period of not to
exceed 5 years.
``(f) Additional Activities.--The Director shall--
``(1) collect and evaluate the activities carried out with
amount received under subsection (a);
``(2) disseminate widely such significant information
derived from the evaluation as the Secretary considers
appropriate.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $25,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year, the lesser of 5
percent of such funds or $1,000,000 shall be available to the
Director for purposes of carrying out subsection (f).''.
SEC. 5. GRANTS TO ENHANCE AND EXPAND RECOVERY SUPPORT SERVICES.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 4, is further amended by
adding at the end the following:
``SEC. 514F. GRANTS TO ENHANCE AND EXPAND RECOVERY SUPPORT SERVICES.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
award grants to State substance abuse agencies and non-profit
organizations to develop, expand, and enhance recovery support services
for individuals with substance use disorders.
``(b) Eligible Entities.--In the case of an applicant that is not a
State substance abuse agency, to be eligible to receive a grant under
this section, the entity shall--
``(1) prepare and submit to the Secretary an application at
such time, in such manner, and contain such information as the
Secretary may require, including a plan for the evaluation of
any activities carried out with the funds provided under this
section;
``(2) demonstrate the inclusion of individuals in recovery
from a substance use disorder in leadership levels or governing
bodies of the entity;
``(3) have as a primary mission the provision of long-term
recovery support for substance use disorders; and
``(4) be accredited by the Council on the Accreditation of
Peer Recovery Support Services or meet any applicable State
certification requirements regarding the provision of the
recovery services involved.
``(c) Use of Funds.--Amounts awarded under a grant under this
section shall be used to provide for the following activities:
``(1) Educating and mentoring that assists individuals and
families with substance use disorders in navigating systems of
care.
``(2) Peer recovery support services which include peer
coaching and mentoring.
``(3) Recovery-focused community education and outreach
programs, including training on the use of all forms of opioid
overdose antagonists used to counter the effects of an
overdose.
``(4) Training, mentoring, and education to develop and
enhance peer mentoring and coaching.
``(5) Programs aimed at identifying and reducing stigma and
discriminatory practices that serve as barriers to substance
use disorder recovery and treatment of these disorders.
``(6) Developing partnerships between networks that support
recovery and other community organizations and services,
including--
``(A) public and private substance use disorder
treatment programs and systems;
``(B) health care providers;
``(C) recovery-focused addiction and recovery
professionals;
``(D) faith-based organizations;
``(E) organizations focused on criminal justice
reform;
``(F) schools; and
``(G) social service agencies in the community,
including educational, juvenile justice, child welfare,
housing and mental health agencies.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $7,000,000 for fiscal year
2016, and such sums as may be necessary for each of fiscal years 2016
through 2020.''.
SEC. 6. INCREASING THE AUTHORIZATION OF THE SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT.
Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x-
35(a)) is amended by striking ``$2,000,000,000 for fiscal year 2001,
and such sums as may be necessary for each of the fiscal years 2002 and
2003'' and inserting ``$2,270,000,000 for fiscal year 2016. For each
fiscal year beginning with fiscal year 2017, there are authorized to be
so appropriated, an amount equal to the amount authorized for the
previous fiscal year under this subsection increased by the annual
percentage increase in the Consumer Price Index for such year''.
SEC. 7. STUDY ON TREATMENT INFRASTRUCTURE.
Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall initiate an
evaluation, and submit to Congress a report, of the in-patient and
outpatient treatment capacity, availability, and needs of the United
States, which shall include--
(1) the capacity of acute residential or inpatient
detoxification programs;
(2) the capacity of inpatient clinical stabilization
programs, transitional residential support services, and
residential rehabilitation programs;
(3) the capacity of demographic specific residential or
inpatient treatment programs, such as those designed for
pregnant women or adolescents;
(4) geographical differences of the availability of
residential and outpatient treatment and recovery options for
substance use disorders across the continuum of care;
(5) the availability of residential and outpatient
treatment programs that offer treatment options based on
reliable scientific evidence of efficacy for the treatment of
substance use disorders, including the use of Food and Drug
Administration-approved medicines and evidence-based
nonpharmacological therapies;
(6) the number of patients in residential and specialty
outpatient treatment services for substance use disorders; and
(7) an assessment of the need for residential and
outpatient treatment for substance use disorders across the
continuum of care. | Treatment and Recovery Investment Act This bill amends the Public Health Service Act to authorize the Center for Substance Abuse Treatment to award grants to state agencies responsible for administering funds received under the substance abuse prevention and treatment block grant program, to local governments that have a high rate of, or have had a rapid increase in, the use of, or death related to the use of, heroin or other opioids (including prescription opioids), and to Indian tribes or tribal organizations in order to permit such entities to expand evidence-based treatment activities and related recovery services. The Center shall award: (1) five-year grants to state substance abuse agencies, Indian tribes or tribal organizations, and public nonprofit entities to enhance access to primary care and related services for pregnant and parenting women diagnosed with opioid dependence; and (2) grants, contracts, or cooperative agreements of up to five years duration to eligible state substance abuse agencies and other appropriate entities to increase the capacity of substance use disorder treatment and recovery services for adolescents. The Substance Abuse and Mental Health Services Administration shall award grants to state substance abuse agencies and non-profit organizations to develop, expand, and enhance recovery support services for individuals with substance use disorders. The amount authorized under the substance abuse prevention and treatment block grant program is increased: (1) to a specified amount for FY2016, and (2) by the annual percentage increase in the Consumer Price Index for each subsequent year. The Comptroller General shall evaluate and report on the in-patient and outpatient treatment capacity, availability, and needs of the United States. | {"src": "billsum_train", "title": "Treatment and Recovery Investment Act"} | 3,534 | 316 | 0.656039 | 1.943585 | 0.860869 | 5.570033 | 10.944625 | 0.964169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fixing America's Inequities with
Revenues Act of 2013'' or the ``FAIR Act of 2013''.
SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended to read as follows:
``SEC. 9. DISPOSITION OF REVENUES.
``(a) Definitions.--In this section:
``(1) Alternative and renewable energy.--The term
`alternative and renewable energy' means energy derived from a
wind, solar, or ocean (including tidal, wave, and current)
source.
``(2) Coastal political subdivision.--The term `coastal
political subdivision' means a county-equivalent subdivision of
a coastal State all or part of which--
``(A) lies within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)); and
``(B) the closest point of which is not more than
200 nautical miles from the geographical center of any
leased tract.
``(3) Coastal state.--
``(A) In general.--The term `coastal State' means a
State with a coastal seaward boundary within 200
nautical miles distance of the geographical center of a
leased tract in an outer Continental Shelf region
adjacent to the State.
``(B) Exclusion.--The term `coastal State' does not
include a coastal State, the majority of the coastline
of which is subject to a leasing moratorium.
``(4) Distance.--The terms `distance' and `distances' mean
minimum great circle distance and distances, respectively.
``(5) Leased tract.--The term `leased tract' means a tract
or other area leased or made available for the exploration,
development, or production of oil, natural gas, or alternative
or renewable energy.
``(6) Leasing moratorium.--The term `leasing moratorium'
means any State or Federal prohibition on the development of
oil, natural gas, and alternative and renewable energy sources,
including preleasing, leasing, and related activities, on the
outer Continental Shelf.
``(7) Outer continental shelf region.--The term `outer
Continental Shelf region' means--
``(A) the Alaska outer Continental Shelf region;
``(B) the North Atlantic planning area (as
described in the 2012-2017 Outer Continental Shelf Oil
and Gas Leasing Program);
``(C) the Mid-Atlantic planning area (as described
in the 2012-2017 Outer Continental Shelf Oil and Gas
Leasing Program);
``(D) the South Atlantic planning area (as
described in the 2012-2017 Outer Continental Shelf Oil
and Gas Leasing Program);
``(E) the Gulf of Mexico outer Continental Shelf
region; or
``(F) the Pacific outer Continental Shelf region.
``(8) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Coastal State Revenue Sharing for Outer Continental Shelf
Energy Sources.--
``(1) In general.--Subject to the other provisions of this
section, for fiscal year 2014 and each subsequent fiscal year--
``(A) the Secretary of the Interior shall deposit
in a special account in the Treasury, 37.5 percent of
all revenues derived from all rentals, royalties, bonus
bids, and other sums due and payable to the United
States from the development of oil, natural gas, and
alternative and renewable energy on the outer
Continental Shelf; and
``(B) the Secretary shall, in accordance with
subsection (b), disburse--
``(i) 27.5 percent of the revenues
described in subparagraph (A) to coastal States
and coastal political subdivisions; and
``(ii) 10 percent of the revenues to
coastal States that establish funds in the
treasuries of the coastal States to support
projects and activities relating to alternative
or renewable energy, energy research and
development, energy efficiency, or
conservation.
``(2) Exclusions.--The revenues described in paragraph (1)
do not include--
``(A) the qualified outer Continental Shelf
revenues described in the third proviso under the
heading `ocean energy management' under the heading
`Bureau of Ocean Energy Management' of title I of the
Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2012 (division E of Public
Law 112-74; 125 Stat. 994);
``(B) revenues from the forfeiture of a bond or
other surety securing obligations other than royalties,
civil penalties, or royalties taken by the Secretary
in-kind and not sold; or
``(C) revenues generated from leases--
``(i) subject to--
``(I) section 8(g);
``(II) section 8(p)(2)(B); or
``(III) the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109-432); or
``(ii) in the Gulf of Mexico before the
date of enactment of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432).
``(3) Allocation among coastal states and coastal political
subdivisions.--
``(A) In general.--Subject to subparagraph (B), for
each fiscal year, the amount made available under
paragraph (1) from any lease shall be allocated to each
coastal State in amounts (based on a formula
established by the Secretary by regulation) that are
inversely proportional to the respective distances
between the point on the coastline of each coastal
State that is closest to the geographic center of the
applicable leased tract and the geographic center of
the leased tract.
``(B) Limitation.--The allocable share of a coastal
State is limited to the revenues collected from a
leased tract located no more than 200 nautical miles
from the coastline of the coastal State and within the
outer Continental Shelf region of the coastal State.
``(C) Payments to coastal political subdivisions.--
``(i) In general.--The Secretary shall pay
25 percent of the allocable share of each
coastal State, as determined under subparagraph
(A), to the coastal political subdivisions of
the coastal State.
``(ii) Allocation.--The amount paid by the
Secretary to coastal political subdivisions
shall be allocated to each coastal political
subdivision in accordance with subparagraphs
(B), (C), and (E) of section 31(b)(4).
``(iii) Exception for the state of
alaska.--For purposes of carrying out this
subparagraph in the State of Alaska, of the
amount paid by the Secretary to coastal
political subdivisions--
``(I) 90 percent shall be allocated
in amounts (based on a formula
established by the Secretary by
regulation) that are inversely
proportional to the respective
distances between the point in each
coastal political subdivision that is
closest to the geographic center of the
applicable leased tract and the
geographic center of the leased tract;
and
``(II) 10 percent shall be divided
equally among each county-equivalent
subdivision of the State of Alaska, all
or part of which lies within the
coastal zone (as defined in section 304
of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453)), that--
``(aa) is more than 200
nautical miles from the
geographic center of a leased
tract; and
``(bb) the State of Alaska
determines to be a significant
staging area for oil and gas
servicing, supply vessels,
operations, suppliers, or
workers.''.
SEC. 3. REVENUE SHARING FOR CERTAIN ONSHORE ENERGY SOURCES.
Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by
adding at the end the following:
``(d) Revenue Sharing for Certain Onshore Energy Sources.--The
Secretary of the Interior shall disburse 50 percent of all revenues
derived from all rentals, operating fees, royalties, bonus bids,
rights-of-way, and other amounts due and payable to the United States
from the development of alternative or renewable onshore energy sources
to the State within the boundaries of which the energy source is
located.''.
SEC. 4. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES.
(a) Definition of Qualified Outer Continental Shelf Revenues.--
Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) is amended by striking
subparagraphs (A) and (B) inserting the following:
``(A) In general.--The term `qualified outer
Continental Shelf revenues' means all rentals,
royalties, bonus bids, and other sums due and payable
to the United States received on or after October 1,
2013, from leases entered into on or after the date of
enactment of Public Law 109-432 for the portions of the
Western Gulf of Mexico planning area, the Central Gulf
of Mexico planning area, and the Eastern Gulf of Mexico
planning area not subject to a leasing moratorium under
section 104(a) of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).
``(B) Exclusions.--The term `qualified outer
Continental Shelf revenues' does not include--
``(i) the qualified outer Continental Shelf
revenues described in the third proviso under
the heading `ocean energy management' under the
heading `Bureau of Ocean Energy Management' of
title I of the Department of the Interior,
Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public
Law 112-74; 125 Stat. 994);
``(ii) the qualified outer Continental
Shelf revenues described in the third proviso
under the heading `offshore safety and
environmental enforcement' under the heading
`Bureau of Safety and Environmental
Enforcement' of title I of the Department of
the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public
Law 112-74; 125 Stat. 995);
``(iii) revenues from the forfeiture of a
bond or other surety securing obligations other
than royalties, civil penalties, or royalties
taken by the Secretary in-kind and not sold; or
``(iv) revenues generated from leases
subject to subsection (g) or (p)(2)(B) of
section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337).''.
(b) Disposition of Qualified Outer Continental Shelf Revenues.--
Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``shall deposit'' and all that follows through
the period at the end of paragraph (2)(B) and inserting the
following:
``shall deposit--
``(1) in a special account in the Treasury--
``(A) 37.5 percent of qualified outer Continental
Shelf revenues, which the Secretary shall disburse to
Gulf producing States in accordance with subsection
(b); and
``(B) $62,500,000, which the Secretary shall
disburse to provide financial assistance to States in
accordance with section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-8), which
shall be considered income to the Land and Water
Conservation Fund for purposes of section 2 of that Act
(16 U.S.C. 4601-5); and
``(2) the remainder of qualified outer Continental Shelf
revenues in the general fund of the Treasury.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) Allocation'' and all
that follows through ``subsection (a)(2)(A)''
in subparagraph (A) and inserting the
following:
``(1) Allocation among gulf producing states.--
``(A) In general.--Effective beginning in fiscal
year 2014, the amount made available under subsection
(a)(1)(A)'';
(ii) in subparagraph (A)--
(I) by inserting ``each historical
lease site and the geographic center of
the historical lease site, as
determined by the Secretary'' after
``closest to the geographic center
of''; and
(II) by striking ``the applicable
leased tract and the geographic center
of the leased tract''; and
(iii) by striking subparagraph (B);
(B) in paragraph (2), by striking ``(2)'' and all
that follows through ``(C) Historical lease sites'' and
inserting ``(B) Historical lease sites'';
(C) in paragraph (1)(B)(i) (as so redesignated)--
(i) by striking ``subparagraph (A)(ii)''
and inserting ``subparagraph (A)''; and
(ii) by striking ``December 31, 2015'' and
inserting ``December 31, 2012'';
(D) by redesignating paragraph (3) as paragraph
(2); and
(E) in paragraph (2) (as so redesignated), in
subparagraph (A), by striking ``paragraphs (1) and
(2)'' and inserting ``paragraph (1)''; and
(3) by striking subsection (f) and inserting the following:
``(f) Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--
``(1) Distribution to gulf producing states.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the total amount of qualified outer Continental
Shelf revenues distributed under subsection (a)(1)(A)
shall not exceed $500,000,000 for fiscal year 2014.
``(B) Cap increase for gulf producing states.--In
the case of the qualified outer Continental Shelf
revenues distributed to Gulf producing States under
subsection (a)(1)(A), the cap on amounts specified in
subparagraph (A) shall be for--
``(i) fiscal year 2015, $600,000,000; and
``(ii) each of fiscal years 2016 through
2024, the applicable amount for the previous
fiscal year increased by $100,000,000.
``(C) Subsequent fiscal years.--For fiscal year
2025 and each fiscal year thereafter, all qualified
outer Continental Shelf revenues made available under
subsection (a)(1)(A) shall be made available without
limitation for allocation to the Gulf producing States
in accordance with subsection (b).
``(2) Pro rata reductions.--If paragraph (1) limits the
amount of qualified outer Continental Shelf revenues that would
be paid under subsection (a)(1)(A)--
``(A) the Secretary shall reduce the amount of
qualified outer Continental Shelf revenues provided to
each recipient on a pro rata basis; and
``(B) any remainder of the qualified outer
Continental Shelf revenues shall revert to the general
fund of the Treasury.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October
1, 2013. | Fixing America's Inequities with Revenues Act of 2013 or FAIR Act of 2013 - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to deposit into a special account in the Treasury 37.5% of all revenues payable to the United States from oil, natural gas, and alternative and renewable energy on the outer Continental Shelf (OCS). Instructs the Secretary to disburse such revenues (with certain exceptions) according to this formula: (1) 27.5% of such revenues to coastal states and coastal political subdivisions, and (2) 10% of the revenues to coastal states that establish funds in their treasuries to support projects relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. Prescribes requirements for allocating such revenues to coastal states and their coastal subdivisions, with a special rule for Alaska. Limits the allocable share of each coastal state to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the state and within the state's OCS region. Requires the Secretary of the Treasury to disburse 50% of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts payable to the United States from the development of alternative or renewable onshore energy sources to the state within whose boundaries the energy source is located. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) redefine qualified OCS revenues, (2) prescribe requirements for the disposition of qualified OCS revenues into a special account in the Treasury, and (3) revise the formula for allocating federal funds among the Gulf producing states. | {"src": "billsum_train", "title": "FAIR Act of 2013"} | 3,473 | 370 | 0.576174 | 1.74225 | 0.705379 | 4.419255 | 9.73913 | 0.897516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Day Care Health and
Safety Improvement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) of the 21,000,000 children under age 6 in the United
States, almost 13,000,000 spend some part of their day in child
care;
(2) a review of State child care regulations in 47 States
found that more than half of the States had inadequate
standards or no standards for \2/3\ of the safety topics
reviewed;
(3) a research study conducted by the Consumer Product
Safety Commission in 1998 found that \2/3\ of the 200 licensed
child care settings investigated in the study exhibited at
least 1 of 8 safety hazards investigated, including
insufficient child safety gates, cribs with soft bedding, and
unsafe playground surfacing;
(4) compliance with recently published voluntary national
safety standards developed by public health and pediatric
experts was found to vary considerably by State, and the States
ranged from a 20 percent to a 99 percent compliance rate;
(5) in 1997, approximately 31,000 children ages 4 and
younger were treated in hospital emergency rooms for injuries
in child care or school settings;
(6) the Consumer Product Safety Commission reports that at
least 56 children have died in child care settings since 1990;
(7) the American Academy of Pediatrics identifies safe
facilities, equipment, and transportation as elements of
quality child care; and
(8) a research study of 133 child care centers revealed
that 85 percent of the child care center directors believe that
health consultation is important or very important for child
care centers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child with a disability; infant or toddler with a
disability.--The terms ``child with a disability'' and ``infant
or toddler with a disability'' have the meanings given the
terms in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).
(2) Eligible child care provider.--The term ``eligible
child care provider'' means a provider of child care services
for compensation, including a provider of care for a school-age
child during non-school hours, that--
(A) is licensed, regulated, registered, or
otherwise legally operating, under State and local law;
and
(B) satisfies the State and local requirements,
applicable to the child care services the provider provides.
(3) Family child care provider.--The term ``family child
care provider'' means 1 individual who provides child care
services for fewer than 24 hours per day, as the sole
caregiver, and in a private residence.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) State.--The term ``State'' means any of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$200,000,000 for fiscal year 2001 and such sums as may be necessary for
each subsequent fiscal year.
SEC. 5. PROGRAMS.
The Secretary shall make allotments to eligible States under
section 6. The Secretary shall make the allotments to enable the States
to establish programs to improve the health and safety of children
receiving child care outside the home, by preventing illnesses and
injuries associated with that care and promoting the health and well-
being of children receiving that care.
SEC. 6. AMOUNTS RESERVED; ALLOTMENTS.
(a) Amounts Reserved.--The Secretary shall reserve not more than
\1/2\ of 1 percent of the amount appropriated under section 4 for each
fiscal year to make allotments to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands to be allotted in accordance with their respective needs.
(b) State Allotments.--
(1) General rule.--From the amounts appropriated under
section 4 for each fiscal year and remaining after reservations
are made under subsection (a), the Secretary shall allot to
each State an amount equal to the sum of--
(A) an amount that bears the same ratio to 50
percent of such remainder as the product of the young
child factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States; and
(B) an amount that bears the same ratio to 50
percent of such remainder as the product of the school
lunch factor of the State and the allotment percentage
of the State bears to the sum of the corresponding products for all
States.
(2) Young child factor.--In this subsection, the term
``young child factor'' means the ratio of the number of
children under 5 years of age in a State to the number of such
children in all States, as provided by the most recent annual
estimates of population in the States by the Census Bureau of
the Department of Commerce.
(3) School lunch factor.--In this subsection, the term
``school lunch factor'' means the ratio of the number of
children who are receiving free or reduced price lunches under
the school lunch program established under the National School
Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number
of such children in all States, as determined annually by the
Department of Agriculture.
(4) Allotment percentage.--
(A) In general.--For purposes of this subsection,
the allotment percentage for a State shall be
determined by dividing the per capita income of all
individuals in the United States, by the per capita
income of all individuals in the State.
(B) Limitations.--If an allotment percentage
determined under subparagraph (A) for a State--
(i) is more than 1.2 percent, the allotment
percentage of the State shall be considered to
be 1.2 percent; and
(ii) is less than 0.8 percent, the
allotment percentage of the State shall be
considered to be 0.8 percent.
(C) Per capita income.--For purposes of
subparagraph (A), per capita income shall be--
(i) determined at 2-year intervals;
(ii) applied for the 2-year period
beginning on October 1 of the first fiscal year
beginning after the date such determination is
made; and
(iii) equal to the average of the annual
per capita incomes for the most recent period
of 3 consecutive years for which satisfactory
data are available from the Department of
Commerce on the date such determination is
made.
(c) Data and Information.--The Secretary shall obtain from each
appropriate Federal agency, the most recent data and information
necessary to determine the allotments provided for in subsection (b).
(d) Definition.--In this section, the term ``State'' includes only
the several States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
SEC. 7. STATE APPLICATIONS.
To be eligible to receive an allotment under section 6, a State
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
The application shall contain information assessing the needs of the
State with regard to child care health and safety, the goals to be
achieved through the program carried out by the State under this Act,
and the measures to be used to assess the progress made by the State
toward achieving the goals.
SEC. 8. USE OF FUNDS.
(a) In General.--A State that receives an allotment under section 6
shall use the funds made available through the allotment to carry out 2
or more activities consisting of--
(1) providing training and education to eligible child care
providers on preventing injuries and illnesses in children, and
promoting health-related practices;
(2) strengthening licensing, regulation, or registration
standards for eligible child care providers;
(3) assisting eligible child care providers in meeting
licensing, regulation, or registration standards, including
rehabilitating the facilities of the providers, in order to
bring the facilities into compliance with the standards;
(4) enforcing licensing, regulation, or registration
standards for eligible child care providers, including holding
increased unannounced inspections of the facilities of those
providers;
(5) providing health consultants to provide advice to
eligible child care providers;
(6) assisting eligible child care providers in enhancing
the ability of the providers to serve children with
disabilities and infants and toddlers with disabilities;
(7) conducting criminal background checks for eligible
child care providers and other individuals who have contact
with children in the facilities of the providers;
(8) providing information to parents on what factors to
consider in choosing a safe and healthy child care setting; or
(9) assisting in improving the safety of transportation
practices for children enrolled in child care programs with
eligible child care providers.
(b) Supplement, Not Supplant.--Funds appropriated pursuant to the
authority of this Act shall be used to supplement and not supplant
other Federal, State, and local public funds expended to provide
services for eligible individuals.
SEC. 9. REPORTS.
Each State that receives an allotment under section 6 shall
annually prepare and submit to the Secretary a report that describes--
(1) the activities carried out with funds made available
through the allotment; and
(2) the progress made by the State toward achieving the
goals described in the application submitted by the State under
section 7. | Requires the Secretary of Health and Human Services to make allotments to States and territories to enable them to establish programs to improve the health and safety of children receiving child care outside the home by preventing illnesses and injuries associated with such care and promoting the health and well-being of such children. Sets forth an allotment formula.
Requires States to submit applications to the Secretary in order to be eligible for an allotment. Describes activities to be carried out by States through the use of such allotments. | {"src": "billsum_train", "title": "Children's Day Care Health and Safety Improvement Act"} | 2,076 | 118 | 0.366786 | 1.007412 | 0.45048 | 3.663158 | 20.621053 | 0.905263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Boating Safety
Improvement Act of 1993''.
SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United States Code,
is amended--
(1) in paragraph (2) by striking ``or'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 12 years of age or younger wears a
personal flotation device when the individual is on an open
deck of the vessel when the vessel is underway.''.
(b) State Authority Preserved.--Section 4307 of title 46, United
States Code, is further amended by adding at the end the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to the wearing
of personal flotation devices on recreational vessels that are more
stringent than that subsection.''.
SEC. 3. LIMITATION ON PERCENTAGE AMOUNT OF BOATING SAFETY PROGRAM
ALLOCATION USED FOR PUBLIC ACCESS SITES.
(a) In General.--Section 13106(b)(4) of title 46, United States
Code, is amended by inserting before the semicolon at the end the
following: ``, except that not more than 25 percent of the amount
allocated to a State for a fiscal year may be used by the State for
these purposes''.
(b) Application.--The amendment made by subsection (a) shall not
apply to an amount allocated to a State for a fiscal year before fiscal
year 1994.
SEC. 4. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING
BOATING WHILE INTOXICATED.
Section 13103 of title 46, United States Code, is amended--
(1) by redesignating subsections (a), (b), and (c) in order
as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
``(a) Beginning in fiscal year 1998, the Secretary shall allocate
$10,000,000 of the amounts available for allocation and distribution
under this chapter for State recreational boating safety programs as
follows:
``(1)(A) One-half shall be allocated among eligible States
that prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs and
that--
``(i) establish a blood alcohol concentration limit
of .10 percent or less; or
``(ii) provide that acceptable evidence of
intoxication may include personal observation by a law
enforcement officer of the effect of intoxicants
consumed by the individual on the individual's manner,
disposition, speech, muscular movement, general
appearance, or behavior.
``(B) The amount allocated to a State under this paragraph
for a fiscal year shall be in the same ratio to the total
amount allocated under this paragraph for the fiscal year as
the number of vessels numbered in that State under a system
approved under chapter 123 of this title bears to the total
number of vessels numbered under approved systems of all States
that receive an allocation under this paragraph for that fiscal
year.
``(2)(A) One-half shall be allocated among eligible States
that prohibit operation of a recreational vessel by an
individual who is under the influence of alcohol or drugs and
that establish an implied consent requirement that specifies
that an individual is deemed to have given their consent to
evidentiary testing for their blood alcohol concentration or
presence of other intoxicating substances.
``(B) The amount allocated to a State under this paragraph
for a fiscal year shall be in the same ratio to the total
amount allocated under this paragraph for the fiscal year as
the number of vessels numbered in that State under a system
approved under chapter 123 of this title bears to the total
number of vessels numbered under approved systems of all States
that receive an allocation under this paragraph for the fiscal
year.'';
(3) in subsection (b) (as so redesignated) in the matter
preceding paragraph (1) by inserting ``the balance of
remaining'' after ``allocate''; and
(4) by adding at the end the following new subsection:
``(e) A State shall not be ineligible for an allocation under
subsection (a) because of the adoption by the State of any requirement
relating to the operation of a recreational vessel while under the
influence of alcohol or drugs that is more stringent than the
requirements for receiving the allocation.''.
SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE.
Section 4311 of title 46, United States Code, is amended by adding
at the end the following:
``(h)(1) A person who willfully operates a recreational vessel in
violation of this chapter or a regulation prescribed under this chapter
may be ordered to complete a qualified recreational boating safety
course--
``(A) in addition to any other civil penalty that is
assessed for the violation, in the case of--
``(i) a subsequent violation by the same person; or
``(ii) a violation that results in a personal
injury; or
``(B) in lieu of any other civil penalty that is assessed
for the violation, in the case of any other violation.
``(2) In this subsection, the term `qualified recreational boating
safety course' means a recreational boating safety course that is
approved by the Secretary of Transportation for purposes of this
subsection.''.
SEC. 6. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code, is amended
by--
(1) striking ``proceeding'' and inserting ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''. | Recreational Boating Safety Improvement Act of 1993 - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual 12 years or younger wears a personal flotation device while on the vessel's deck during operation. Declares that such prohibition shall not be construed to limit a State's authority to establish more stringent requirements for the wearing of personal flotation devices on recreational vessels.
Limits to no more than 25 percent of Federal funds for recreational boating safety programs the amount that a State may use for acquiring, constructing, or repairing public access sites used primarily by recreational boaters.
Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of laws prohibiting the operation of recreational vessels while under the influence of alcohol or drugs.
Declares that persons who willfully operate a recreational vessel in violation of this Act may be ordered to complete a qualified recreational boating safety course in addition to or in lieu of other civil penalties. | {"src": "billsum_train", "title": "Recreational Boating Safety Improvement Act of 1993"} | 1,360 | 229 | 0.627921 | 1.660055 | 0.960152 | 2.979058 | 6.502618 | 0.863874 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elko Motocross and
Tribal Conveyance Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--ELKO INDIAN COLONY EXPANSION
Sec. 201. Definitions.
Sec. 202. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada.
Sec. 203. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior, acting through the Bureau of Land Management.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights, and notwithstanding the
land use planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary shall convey to the county, without consideration, all right,
title, and interest of the United States in and to the land described
in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 300 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as depicted on the map as
``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under subsection (a)
shall be used only--
(1) as a motocross, off-highway vehicle, and stock car
racing area; or
(2) for any other public purpose consistent with the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Reversion.--If the land conveyed under subsection (a) ceases to
be used for the public purpose for which the land was conveyed, the
land shall, at the discretion of the Secretary, revert to the United
States.
TITLE II--ELKO INDIAN COLONY EXPANSION
SEC. 201. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled ``Te-moak
Tribal Land Expansion'', dated September 30, 2008, and on file
and available for public inspection in the appropriate offices
of the Bureau of Land Management.
(2) Tribe.--The term ``Tribe'' means the Te-moak Tribe of
Western Shoshone Indians of Nevada, which is a federally
recognized Indian tribe.
SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 373 acres of land administered by the Bureau
of Land Management and identified on the map as ``Lands to be Held in
Trust''.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
(d) Conditions.--
(1) Rights-of-way.--Before taking the land into trust under
subsection (a), not later than 120 days after the date of
enactment of this Act, the Secretary shall--
(A) complete any applicable environmental review
for conveyance of a right-of-way for Jennings Road, as
depicted on the map; and
(B) subject to the environmental review under
subparagraph (A), convey the right-of-way to the City
of Elko.
(2) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
(3) Use of trust land.--With respect to the use of the land
taken into trust under subsection (a), the Tribe shall limit
the use of the land to--
(A) traditional and customary uses;
(B) stewardship conservation for the benefit of the
Tribe; and
(C)(i) residential or recreational development; or
(ii) commercial use.
(4) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities on
the land that is beneficial to the Tribe and the Bureau of Land
Management.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title. | Elko Motocross and Tribal Conveyance Act - Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, all right, title, and interest of the United States in and to approximately 300 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, as depicted on the map as "Elko Motocross Park." Requires the land conveyed to be used only: (1) as a motocross, off-highway vehicle, and stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act.
Holds in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada and makes a part of the Tribe's reservation approximately 373 acres of BLM administered land identified on a specified map as "Lands to be Held in Trust." Prohibits class II or III gaming on such land. Limits the use of such land to: (1) traditional and customary uses; (2) stewardship conservation for the benefit of the Tribe; and (3) residential or recreational development, or commercial use. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes."} | 1,581 | 266 | 0.640251 | 1.96155 | 0.707078 | 5.452915 | 6.03139 | 0.932735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Primate Safety Act''.
SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED
WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``or any
nonhuman primate''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``or'' after the semicolon;
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by striking ``(e)'' and all that follows
through paragraph (1) and inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, any live animal of
any prohibited wildlife species.''; and
(B) in paragraph (2)--
(i) by striking so much as precedes
subparagraph (A) and inserting the following:
``(2) Limitation on application.--Paragraph (1) does not
apply to any person who--'';
(ii) in subparagraph (A), by inserting
before the semicolon at the end ``and does not
allow direct contact between the public and
prohibited wildlife species'';
(iii) in subparagraph (B), by striking
``State-licensed wildlife rehabilitator,'';
(iv) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species'';
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(III) by striking ``or'' after the
semicolon at the end;
(v) in subparagraph (D)--
(I) by striking ``animal'' each
place it appears and inserting
``prohibited wildlife species''; and
(II) by striking the period at the
end and inserting ``; or''; and
(vi) by adding at the end the following:
``(E) is transporting a nonhuman primate solely for
the purpose of assisting an individual who is
permanently disabled with a severe mobility impairment,
if--
``(i) the nonhuman primate is a single
animal of the genus Cebus;
``(ii) the nonhuman primate was obtained
from, and trained at, a licensed nonprofit
organization that before July 18, 2008, was
exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986 and described
in sections 501(c)(3) and 170(b)(1)(A)(vi) of
such Code on the basis that the mission of the
organization is to improve the quality of life
of severely mobility-impaired individuals;
``(iii) the person transporting the
nonhuman primate is a specially trained
employee or agent of a nonprofit organization
described in clause (ii) that is transporting
the nonhuman primate to or from a designated
individual who is permanently disabled with a
severe mobility impairment;
``(iv) the person transporting the nonhuman
primate carries documentation from the
applicable nonprofit organization that includes
the name of the designated individual referred
to in clause (iii);
``(v) the nonhuman primate is transported
in a secure enclosure that is appropriate for
that species;
``(vi) the nonhuman primate has no contact
with any animal or member of the public, other
than the designated individual referred to in
clause (iii); and
``(vii) the transportation of the nonhuman
primate is in compliance with--
``(I) all applicable State and
local restrictions regarding the
transport; and
``(II) all applicable State and
local requirements regarding permits or
health certificates.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by inserting ``(e),'' after
``subsections (b), (d),''; and
(2) in paragraph (1), by inserting ``, (e),'' after
``subsection (d)''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by inserting ``(e),'' after
``subsections (b), (d),'' each place it appears; and
(2) in paragraph (3), by inserting ``, (e),'' after
``subsection (d)''.
(d) Effective Date; Regulations.--
(1) Effective date.--Subsections (a) through (c), and the
amendments made by those subsections, shall take effect on the
earlier of--
(A) the date of promulgation of regulations under
paragraph (2); and
(B) the expiration of the period referred to in
paragraph (2).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations implementing the amendments made by this
section.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
SEC. 5. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate regulations to
implement section 3(e).''. | Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Modifies exceptions to such prohibition, including by making it inapplicable to a person who is: (1) a licensed and inspected person who does not allow direct contact between the public and prohibited wildlife species, and (2) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Sets forth civil and criminal penalties for violations of the requirements of this Act. | {"src": "billsum_train", "title": "Captive Primate Safety Act"} | 1,598 | 209 | 0.547461 | 1.625613 | 0.801022 | 2.926136 | 7.903409 | 0.846591 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) interstate public offerings of debt securities by
corporations and other entities that are registered under
Federal securities laws are required to be covered by a trust
indenture meeting the requirements of the Trust Indenture Act
of 1939 (``1939 Act'');
(2) a trust indenture is a contractual agreement between
the issuer of the debt securities and a financial institution
as trustee for the benefit and protection of public
debtholders;
(3) a trust indenture under the 1939 Act sets forth certain
responsibilities and rights of the issuer and the trustee,
including the obligation of the issuer to make payment of
interest and principal on the debt securities to debtholders,
and it sets forth events of default which can trigger actions
by the trustee on behalf of the debtholders to have the default
cured or to otherwise obtain payment for debtholders;
(4) the 1939 Act does not, however, contain provisions that
would require a successor corporation to the issuer resulting
from a merger, consolidation, sale of substantially all of its
assets, share exchange or other transaction having
substantially equivalent effect, to assume payment
responsibility for the predecessor/issuer's debt securities;
(5) sample trust indenture provisions set forth in sections
801 and 802 of the American Bar Foundation's Model Debenture
Indenture Provisions (``ABF Model Indenture'', approved and
adopted in 1967) for registered public offerings of debt
securities attempt to deal with the ``successor responsibility
for payment'' situation, but fail to specifically cover ``share
exchanges'' (which are types of corporate reorganization
transactions developed subsequent to 1967) or ``equivalent
effect'' transactions;
(6) issuers of debt securities are not currently required
to include in their trust indentures any section dealing with
the ``successor liability for payment'' situation, inasmuch as
inclusion of the ABF Model Indenture provisions on that
subject, in whole or in part, is voluntary by the issuer;
(7) certain issuers of debt securities to the public in
registered offerings have engaged in share exchange
transactions (that are substantially equivalent to mergers),
with successor corporations, where such issuers have sought to
avoid successor payment responsibility on the debt securities
on the premise that the language of their trust indenture
provisions regarding successor payment responsibility does not
specifically cover share exchanges nor state that such sections
would be applicable to any other transactions having effects
substantially equivalent to a merger, combination, or sale of
substantially all the issuer's assets; and
(8) it is appropriate and necessary for the protection of
public purchasers of debt securities in publicly registered
offerings under the Federal securities laws that trust
indentures relating to such debt securities be required under
the 1939 Act to have successor payment responsibility
provisions, and that such provisions be drafted with language
that is both complete and flexible in order to assure that a
successor to an issuer of debt securities resulting from a
merger or equivalent transaction cannot avoid payment
responsibility that would disastrously injure public
debtholders.
SEC. 2. AMENDMENT TO THE TRUST INDENTURE ACT OF 1939.
The Trust Indenture Act of 1939 is amended by adding after section
328 (15 U.S.C. 77bbbb) the following new section:
``merger, consolidation, conveyance, or transfer.
``Sec. 329. (a) Conditions on Transaction.--An issuer of any
security subject to this title shall not consolidate with or merge into
any other corporation or convey or transfer its properties and assets
substantially as an entirety to any person, or engage in any equity or
share exchange transaction with any other person or with the security
holders of any other person which results in a reduction of the assets
available to the issuer, or engage in any other transaction having a
substantially equivalent effect, unless--
``(1) the corporation formed by such consolidation or into
which the issuer is merged or the person which acquires by
conveyance or transfer the properties and assets of the issuer
substantially as an entirety, or the person which acquires the
shares of the issuer or whose equity holders acquire such
shares, in a transaction which results in a reduction of the
assets available to the issuer, shall be a corporation
organized and existing under the laws of the United States of
America or any State or the District of Columbia, and shall
expressly assume, by an indenture supplemental hereto, executed
and delivered to the trustee, in form satisfactory to the
trustee, the due and punctual payment of the principal of (and
premium, if any) and interest on all the securities and the
performance of every covenant of the indenture on the part of
the issuer to be performed or observed;
``(2) immediately after giving effect to such transition,
no event of default, and no event which, after notice or lapse
of time, or both, would become an event of default, shall have
happened and be continuing; and
``(3) the issuer has delivered to the trustee an officers'
certificate and an opinion of counsel each stating that such
consolidation, merger, conveyance, transfer, equity or share
exchange transaction, or transaction having a substantially
equivalent effect, and such supplemental indenture comply with
this article and that all conditions precedent herein provided
for relating to such transaction have been complied with.
``(b) Rights and Obligations Under Indenture of Successor
Corporation.--Upon any consolidation or merger, or any conveyance or
transfer of the properties and assets of the issuer substantially as an
entirety, or equity or share exchange transaction described in
subsection (a), or any transaction having a substantially equivalent
effect, in accordance with subsection (a), the person subject to
subsection (a)(1) shall succeed to, and be substituted for, and may
exercise every right and power of, the issuer under the indenture with
the same effect as if such successor corporation had been named as the
issuer: Provided, however, That no such consolidation, merger,
conveyance, transfer, or equity or share exchange or other transaction
shall have the effect of releasing the issuer, or any successor
corporation which shall have become a successor by operation of this
section from its liability as obligor and maker on any of the
securities.''. | Amends the Trust Indenture Act of 1939 to prohibit certain corporate mergers, consolidations, conveyances, or transfer transactions by the issuer of federally registered debt securities in which the assets available to the issuer are reduced, unless the successor entity expressly assumes, by a supplement to the original trust indenture, the payment of interest and principal of all the securities involved and the performance of every covenant of the predecessor's indenture.
Declares that subsequent to such transactions: (1) the successor corporation shall succeed to, and exercise every right and power of, the original issue under the indenture; and (2) neither the predecessor corporation, nor its successor, shall be released from its liabilities as obligor or maker on its respective securities. | {"src": "billsum_train", "title": "To amend the Trust Indenture Act of 1939 to require that indentures prohibit corporate acquisitions or reorganizations unless the successor corporation assumes the responsibility to make payments under the indenture."} | 1,356 | 164 | 0.613704 | 1.793896 | 0.687271 | 2.614286 | 9.121429 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Koby Mandell Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world, including more than one hundred
murdered since 1968 in terrorist attacks occurring in Israel or
in territories administered by Israel or in territories
administered by the Palestinian Authority.
(2) Some American citizens who have been victims of
terrorism overseas, especially those harmed by terrorists
operating from areas administered by the Palestinian Authority,
have not received from the United States Government services
equal to those received by other such victims of overseas
terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the apprehension of terrorists who have
harmed American citizens overseas, particularly in cases
involving terrorists operating from areas administered by the
Palestinian Authority. Monetary rewards for information leading
to the capture of terrorists overseas, which the government
advertises in regions where the terrorists are believed to be
hiding, have not been advertised in areas administered by the
Palestinian Authority.
(4) This situation is especially grave in the areas
administered by the Palestinian Authority, because many
terrorists involved in the murders of Americans are walking
free there; some of these terrorists have been given positions
in the Palestinian Authority security forces or other official
Palestinian Authority agencies; and a number of schools,
streets, and other public sites have been named in honor of
terrorists who were involved in the murder of Americans.
(5) To remedy these and related problems, an office should
be established within the Department of Justice for the purpose
of ensuring equally vigorous efforts to capture all terrorists
who have harmed American citizens overseas and equal treatment
for all American victims of overseas terrorism.
SEC. 3. ETABLISHMENT OF AN OFFICE IN THE DEPARTMENT OF JUSTICE TO
UNDERTAKE SPECIFIC STEPS TO FACILITATE THE CAPTURE OF
TERRORISTS WHO HAVE HARMED AMERICAN CITIZENS OVERSEAS AND
TO ENSURE THAT ALL AMERICAN VICTIMS OF OVERSEAS TERRORISM
ARE TREATED EQUALLY.
The President shall establish within the Department of Justice an
office (hereafter the ``Office'') to carry out the following
activities:
(1) The Office shall assume responsibility for
administration of the Rewards for Justice program and its web
site, www.rewardsforjustice.com, and in so doing will ensure
that--
(A) rewards are offered to capture all terrorists
involved in harming American citizens overseas,
regardless of the terrorists' country of origin or
residence;
(B) such rewards are prominently advertised in the
mass media and public sites in all countries or regions
where such terrorists reside;
(C) the names and photographs and suspects in all
such cases are included on the web site; and
(D) the names of the specific organizations
claiming responsibility for terrorist attacks mentioned
on the site are included in the descriptions of those
attacks.
(2) The Office shall establish and administer a program
which will provide notification for American victims of
overseas terrorism or their immediate family to update them on
the status of efforts to capture the terrorists who harmed
them.
(3) The Office shall assume responsibility for providing
twice-annual reports to Congress as defined by section 805 of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001.
(4) The Office shall work with the other United States
government agencies to expand legal restrictions on the ability
of murderers to reap profits from books or movies concerning
their crimes--the ``Son of Sam'' laws that currently exist in
many States, so as to ensure that terrorists who harm American
citizens overseas are unable to profit from book or movie sales
in the United States.
(5) The Office shall endeavor to determine if terrorists
who have harmed American citizens overseas are serving in their
local police or security forces. Whenever it is found that
terrorists who have harmed American citizens overseas are
serving in their local police or security forces, the Office
shall alert those United States Government agencies involved in
providing assistance, directly or indirectly, to those forces,
and shall request of those agencies that all such assistance be
halted until the aforementioned terrorists are removed from
their positions.
(6) The Office shall undertake a comprehensive assessment
of the pattern of United States indictments and prosecution of
terrorists who have harmed American citizens overseas, in order
to determine the reasons for the absence of indictments of
terrorists residing in some regions, such as the territories
controlled by the Palestinian Authority. The Office's
assessment shall then be provided to the Attorney General,
together with its recommendations.
(7) The Office shall endeavor to monitor public actions by
governments and regimes overseas pertaining to terrorists who
have harmed American citizens, such as naming of schools,
streets, or other public institutions or sites after such
terrorists. In such instances, the Office shall encourage other
United States Government agencies to halt their provision of
assistance, directly or indirectly, to those institutions.
(8) In instances in which specific organizations that
claimed responsibility for acts of terrorism against Americans
overseas subsequently became part of a governing regime with
which the United States Government maintains diplomatic or
other official contacts, such as the Palestinian Authority, the
Office will initiate negotiations to secure appropriate
financial compensation for American citizens, or the families
of such citizens, who were harmed by those organizations'
terrorism.
(9) In cases where terrorists who have harmed Americans
overseas, and are subsequently released from incarceration
abroad, are eligible for further prosecution in the United
States, the Office shall coordinate with other government
agencies to seek the transfer of those terrorists to the United
States for further prosecution.
(10) The Office shall strive to ensure that all terrorists
who have harmed Americans overseas are treated by the United
States Government as persona non grata, including, but not
limited to, steps such as denying those individuals visas for
entry to the United States; urging United States Government
agencies to refrain from political and diplomatic contacts with
those individuals; and instructing United States embassies and
consulates to urge American visitors in those countries to
refrain from patronizing businesses that are owned or operated
by such individuals.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2003 and subsequent fiscal years such sums as may be necessary to
carry out this Act.
(b) Availability.--Amounts appropriated under subsection (a) are
authorized to remain available until expended. | Koby Mandell Act of 2003 - Directs the President to establish within the Department of Justice an office which shall assume responsibility for administration of the Rewards for Justice program and its website to ensure that rewards are offered to capture all terrorists involved in harming American citizens overseas, regardless of the terrorists' country of origin or residence.Directs the office to take specified steps, including: (1) establishing a program which will update American victims of overseas terrorism or their families on the status of efforts to capture the terrorists; (2) undertaking a comprehensive assessment to determine the reasons for the absence of indictments of terrorists residing in some regions; (3) monitoring public actions pertaining to terrorists by governments and regimes overseas, such as naming schools, streets, or other public institutions or sites after terrorists who have harmed American citizens; (4) initiating negotiations to secure financial compensation for American citizens (or their families) who were harmed by terrorist acts overseas by an organization that subsequently became part of a governing regime with which the U.S. Government maintains diplomatic or official contacts; and (5) coordinating with other Government agencies to seek the transfer to the United States of terrorists released from incarceration abroad who are eligible for further prosecution in the United States. | {"src": "billsum_train", "title": "To create an office within the Department of Justice to undertake certain specific steps to ensure that all American citizens harmed by terrorism overseas receive equal treatment by the United States government regardless of the terrorists' country of origin or residence, and to ensure that all terrorists involved in such attacks are pursued, prosecuted, and punished with equal vigor, regardless of the terrorists' country of origin or residence."} | 1,425 | 269 | 0.680867 | 2.12447 | 0.833179 | 4.679325 | 5.662447 | 0.949367 |
SECTION 1. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS,
WINE, AND BEER.
(a) Repeal of Occupational Taxes.--
(1) In general.--The following provisions of part II of
subchapter A of chapter 51 of the Internal Revenue Code of 1986
(relating to occupational taxes) are hereby repealed:
(A) Subpart A (relating to proprietors of distilled
spirits plants, bonded wine cellars, etc.).
(B) Subpart B (relating to brewer).
(C) Subpart D (relating to wholesale dealers)
(other than sections 5114 and 5116).
(D) Subpart E (relating to retail dealers) (other
than section 5124).
(E) Subpart G (relating to general provisions)
(other than sections 5142, 5143, 5145, and 5146).
(2) Nonbeverage domestic drawback.--Section 5131 of such
Code is amended by striking ``, on payment of a special tax per
annum,''.
(3) Industrial use of distilled spirits.--Section 5276 of
such Code is hereby repealed.
(b) Conforming Amendments.--
(1)(A) The heading for part II of subchapter A of chapter
51 of such Code and the table of subparts for such part are
amended to read as follows:
``PART II--MISCELLANEOUS PROVISIONS
``Subpart A. Manufacturers of stills.
``Subpart B. Nonbeverage domestic
drawback claimants.
``Subpart C. Recordkeeping by dealers.
``Subpart D. Other provisions.''
(B) The table of parts for such subchapter A is amended by
striking the item relating to part II and inserting the
following new item:
``Part II. Miscellaneous provisions.''
(2) Subpart C of part II of such subchapter (relating to
manufacturers of stills) is redesignated as subpart A.
(3)(A) Subpart F of such part II (relating to nonbeverage
domestic drawback claimants) is redesignated as subpart B and
sections 5131 through 5134 are redesignated as sections 5111
through 5114, respectively.
(B) The table of sections for such subpart B, as so
redesignated, is amended--
(i) by redesignating the items relating to sections
5131 through 5134 as relating to sections 5111 through
5114, respectively, and
(ii) by striking ``and rate of tax'' in the item
relating to section 5111, as so redesignated.
(C) Section 5111 of such Code, as redesignated by
subparagraph (A), is amended--
(i) by striking ``and rate of tax'' in the section
heading,
(ii) by striking the subsection heading for
subsection (a), and
(iii) by striking subsection (b).
(4) Part II of subchapter A of chapter 51 of such Code is
amended by adding after subpart B, as redesignated by paragraph
(3), the following new subpart:
``Subpart C--Recordkeeping by Dealers
``Sec. 5121. Recordkeeping by wholesale
dealers.
``Sec. 5122. Recordkeeping by retail
dealers.
``Sec. 5123. Preservation and inspection
of records, and entry of
premises for inspection.''
(5)(A) Section 5114 of such Code (relating to records) is
moved to subpart C of such part II and inserted after the table
of sections for such subpart.
(B) Section 5114 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'',
and
(ii) by redesignating subsection (c) as subsection
(d) and by inserting after subsection (b) the following
new subsection:
``(c) Wholesale Dealers.--For purposes of this part--
``(1) Wholesale dealer in liquors.--The term `wholesale
dealer in liquors' means any dealer (other than a wholesale
dealer in beer) who sells, or offers for sale, distilled
spirits, wines, or beer, to another dealer.
``(2) Wholesale dealer in beer.--The term `wholesale dealer
in beer' means any dealer who sells, or offers for sale, beer,
but not distilled spirits or wines, to another dealer.
``(3) Dealer.--The term `dealer' means any person who
sells, or offers for sale, any distilled spirits, wines, or
beer.
``(4) Presumption in case of sale of 20 wine gallons or
more.--The sale, or offer for sale, of distilled spirits,
wines, or beer, in quantities of 20 wine gallons or more to the
same person at the same time, shall be presumptive evidence
that the person making such sale, or offer for sale, is engaged
in or carrying on the business of a wholesale dealer in liquors
or a wholesale dealer in beer, as the case may be. Such
presumption may be overcome by evidence satisfactorily showing
that such sale, or offer for sale, was made to a person other
than a dealer.''
(C) Paragraph (3) of section 5121(d) of such Code, as so
redesignated, is amended by striking ``section 5146'' and
inserting ``section 5123''.
(6)(A) Section 5124 of such Code (relating to records) is
moved to subpart C of part II of subchapter A of chapter 51 of
such Code and inserted after section 5121.
(B) Section 5124 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'',
(ii) by striking ``section 5146'' in subsection (c)
and inserting ``section 5123'', and
(iii) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following
new subsection:
``(c) Retail Dealers.--For purposes of this section--
``(1) Retail dealer in liquors.--The term `retail dealer in
liquors' means any dealer (other than a retail dealer in beer)
who sells, or offers for sale, distilled spirits, wines, or
beer, to any person other than a dealer.
``(2) Retail dealer in beer.--The term `retail dealer in
beer' means any dealer who sells, or offers for sale, beer, but
not distilled spirits or wines, to any person other than a
dealer.
``(3) Dealer.--The term `dealer' has the meaning given such
term by section 5121(c)(3).''
(7) Section 5146 of such Code is moved to subpart C of part
II of subchapter A of chapter 51 of such Code, inserted after
section 5122, and redesignated as section 5123.
(8) Part II of subchapter A of chapter 51 of such Code is
amended by inserting after subpart C the following new subpart:
``Subpart D--Other Provisions
``Sec. 5131. Packaging distilled spirits
for industrial uses.
``Sec. 5132. Prohibited purchases by
dealers.''
(9) Section 5116 of such Code is moved to subpart D of part
II of subchapter A of chapter 51 of such Code, inserted after
the table of sections, redesignated as section 5131, and
amended by inserting ``(as defined in section 5121(c))'' after
``dealer'' in subsection (a).
(10) Subpart D of part II of subchapter A of chapter 51 of
such Code is amended by adding at the end thereof the following
new section:
``SEC. 5132. PROHIBITED PURCHASES BY DEALERS.
``(a) In General.--Except as provided in regulations prescribed by
the Secretary, it shall be unlawful for a dealer to purchase distilled
spirits from any person other than a wholesale dealer in liquors who is
required to keep the records prescribed by section 5121.
``(b) Penalty and Forfeiture.--
``For penalty and forfeiture provisions
applicable to violations of subsection (a), see sections 5687 and
7302.''
(11) Subsection (b) of section 5002 of such Code is
amended--
(A) by striking ``section 5112(a)'' and inserting
``section 5121(c)(3)'',
(B) by striking ``section 5112'' and inserting
``section 5121(c)'',
(C) by striking ``section 5122'' and inserting
``section 5122(c)''.
(12) Subparagraph (A) of section 5010(c)(2) of such Code is
amended by striking ``section 5134'' and inserting ``section
5114''.
(13) Subsection (d) of section 5052 of such Code is amended
to read as follows:
``(d) Brewer.--For purposes of this chapter, the term `brewer'
means any person who brews beer or produces beer for sale. Such term
shall not include any person who produces only beer exempt from tax
under section 5053(e).''
(14) The text of section 5182 of such Code is amended to
read as follows:
``For provisions requiring recordkeeping by wholesale
liquor dealers, see section 5112, and by retail liquor dealers,
see section 5122.''
(15) Subsection (b) of section 5402 of such Code is amended
by striking ``section 5092'' and inserting ``section 5052(d)''.
(16) Section 5671 of such Code is amended by striking ``or
5091''.
(17)(A) Part V of subchapter J of chapter 51 of such Code
is hereby repealed.
(B) The table of parts for such subchapter J is amended by
striking the item relating to part V.
(18)(A) Sections 5142, 5143, and 5145 of such Code are
moved to subchapter D of chapter 52 of such Code, inserted
after section 5731, redesignated as sections 5732, 5733, and
5734, respectively, and amended by striking ``this part'' each
place it appears and inserting ``this subchapter''.
(B) Section 5732 of such Code, as redesignated by
subparagraph (A), is amended by striking ``(except the tax
imposed by section 5131)'' each place it appears.
(C) Subsection (c) of section 5733 of such Code, as
redesignated by subparagraph (A), is amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(D) The table of sections for subchapter D of chapter 52 of
such Code is amended by adding at the end thereof the
following:
``Sec. 5732. Payment of tax.
``Sec. 5733. Provisions relating to
liability for occupational
taxes.
``Sec. 5734. Application of State laws.''
(E) Section 5731 of such Code is amended by striking
subsection (c) and by redesignating subsection (d) as
subsection (c).
(19) Subsection (c) of section 6071 of such Code is amended
by striking ``section 5142'' and inserting ``section 5732''.
(20) Paragraph (1) of section 7652(g) of such Code is
amended--
(A) by striking ``subpart F'' and inserting
``subpart B'', and
(B) by striking ``section 5131(a)'' and inserting
``section 5111(a)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, but shall not apply to
taxes imposed for periods before such date. | Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person other than a specified wholesale liquor dealer. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the occupational taxes relating to distilled spirits, wine, and beer."} | 2,744 | 70 | 0.538913 | 1.246149 | 0.409318 | 3.118644 | 40.237288 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education
Equity and Research (CHEER) Act of 2005''.
SEC. 2. REAUTHORIZATION OF CHILDREN'S HOSPITALS GRADUATE MEDICAL
EDUCATION PROGRAM.
(a) Extension of Program.--Section 340E(a) of the Public Health
Service Act (42 U.S.C. 256e(a)) is amended by striking ``2005'' and
inserting ``2010''.
(b) Direct Graduate Medical Education.--Section 340E(c) of the
Public Health Service Act (42 U.S.C. 256e(c)) is amended--
(1) in paragraph (1)(B), by inserting ``but without giving
effect to section 1886(h)(7) of such Act)'' after ``section
1886(h)(4) of the Social Security Act''; and
(2) in paragraph (2)(E)(ii), by striking ``described in
subparagraph (C)(ii)'' and inserting ``applied under section
1886(d)(3)(E) of the Social Security Act for discharges
occurring during the preceding fiscal year''.
(c) Nature of Payments.--Section 340E(e)(3) of the Public Health
Service Act (42 U.S.C. 256e(e)(3)) is amended by striking ``made to
pay'' and inserting ``made and pay''.
(d) Authorization of Appropriations.--Section 340E(f) of the Public
Health Service Act (42 U.S.C. 256e(f)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``and'';
(B) in clause (iii), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for fiscal year 2006, $110,000,000;
and
``(v) for each of fiscal years 2007 through
2010, such sums as may be necessary.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``There are hereby
authorized'' and inserting ``There are
authorized''; and
(ii) by striking ``(b)(1)(A)'' and
inserting ``(b)(1)(B)'';
(B) in subparagraph (B), by striking ``and'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(D) for fiscal year 2006, $220,000,000; and
``(E) for each of fiscal years 2007 through 2010,
such sums as may be necessary.''.
(e) Technical Amendment.--Section 340E(e)(2) of the Public Health
Service Act (42 U.S.C. 256e(e)(2)) is amended by striking the first
sentence.
(f) Extending Availability of Funds Through the Following Fiscal
Year.--
(1) In general.--Section 340E(f) of the Public Health
Service Act (42 U.S.C. 256e(f)) is amended--
(A) in paragraph (1)(B)--
(i) by inserting ``or for fiscal year 2006
(or any succeeding fiscal year)'' after ``for
fiscal year 2000''; and
(ii) by striking ``fiscal year 2001'' and
inserting ``the end of the succeeding fiscal
year''; and
(B) by adding at the end of paragraph (2) the
following:
``The amounts appropriated under this paragraph for a fiscal
year (beginning with fiscal year 2006) shall remain available
for obligation through the end of the succeeding fiscal
year.''.
(2) Conforming amendment.--Section 340E(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 256e(b)(2)(A)) is amended
by inserting before the period at the end the following: ``plus
the funds remaining available from the previous fiscal year
under paragraph (1)(B) or the second sentence of paragraph (2),
respectively, of such subsection''.
(g) Redistribution of Recouped Amounts.--Section 340E(e)(3) of the
Public Health Service Act (42 U.S.C. 256e(e)(3)) is amended by striking
``to the extent possible.'' and inserting a period and the following:
``To the greatest extent possible, amounts recouped from a hospital are
to be distributed to other hospitals in the same fiscal year. Unless
there is fraud, amounts paid to a hospital without a demand for
recoupment by the end of the fiscal year shall be final and not subject
to recoupment.''.
(h) Appeals Procedures.--Section 340E(e) of the Public Health
Service Act (42 U.S.C. 256e(e)) is amended--
(1) in paragraph (3), by striking the last sentence; and
(2) by adding at the end the following:
``(4) Appeals.--
``(A) In general.--A decision affecting the amount
payable to a hospital pursuant to this section shall--
``(i) be subject to review under section
1878 of the Social Security Act in the same
manner as final determinations of the amount of
payment under section 1886(d) of such Act are
subject to review; and
``(ii) be handled expeditiously so that the
review decision is reflected in the final
reconciliation for the year in which the appeal
is made.
``(B) Limitation.--A review decision pursuant to
this paragraph shall not affect payments for a fiscal
year prior to the fiscal year in which the review
decision is rendered.
``(C) Application to subsequent fiscal years.--The
Secretary shall apply a review decision under this
paragraph in determining the amount of payment for the
appealing hospital in the fiscal year in which the
decision is rendered and in subsequent fiscal years,
unless the law at issue in the review decision is
amended or there are material differences between the
facts for the fiscal year for which the review decision
is rendered and the fiscal year for which payment is
made. Nothing in this section shall be construed to
prohibit a hospital from seeking review of similar
determinations in subsequent fiscal years.''. | Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs.
Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses.
Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area.
Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs.
Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year.
Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year.
Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs. | {"src": "billsum_train", "title": "To reauthorize the Children's Hospitals Graduate Medical Education Program."} | 1,502 | 251 | 0.47825 | 1.343042 | 0.747907 | 1.95122 | 5.931707 | 0.682927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Marriage Broker
Regulation Act of 2003''.
SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)) is amended--
(1) by inserting ``(1)'' before ``A visa''; and
(2) by adding at the end the following:
``(2) A United States citizen or a legal permanent resident may not
file more than 1 application for a visa under section 101(a)(15)(K)(i)
in any 1-year period.''.
SEC. 3. INTERNATIONAL MARRIAGE BROKERS.
Section 652 of the Omnibus Consolidated Appropriations Act, 1997 (8
U.S.C. 1375), is amended to read as follows:
``SEC. 652. INTERNATIONAL MARRIAGE BROKERS.
``(a) Findings.--Congress finds the following:
``(1) There is a substantial international marriage broker
business worldwide. A 1999 study by the Immigration and
Naturalization Service estimated that in 1999 there were at
least 200 such companies operating in the United States, and
that as many as 4,000 to 6,000 persons in the United States,
almost all male, find foreign spouses through for-profit
international marriage brokers each year.
``(2) Aliens seeking to enter the United States to marry
citizens of the United States currently lack the ability to
access and fully verify personal history information about
their prospective American spouses.
``(3) Persons applying for fiance(e) visas to enter the
United States are required to undergo a criminal background
information investigation prior to the issuance of a visa.
However, no corresponding requirement exists to inform those
seeking fiance(e) visas of any history of violence by the
prospective United States spouse.
``(4) Many individuals entering the United States on
fiance(e) visas for the purpose of marrying a person in the
United States are unaware of United States laws regarding
domestic violence, including protections for immigrant victims
of domestic violence, prohibitions on involuntary servitude,
protections from automatic deportation, and the role of police
and the courts in providing assistance to victims of domestic
violence.
``(b) Definitions.--In this section:
``(1) Client.--The term `client' means a United States
citizen or legal permanent resident who makes a payment or
incurs a debt in order to utilize the services of an
international marriage broker.
``(2) Crime of violence.--The term `crime of violence' has
the same meaning given the term in section 16 of title 18,
United States Code.
``(3) Domestic violence.--The term `domestic violence'
means any crime of violence, or other act forming the basis for
past or outstanding protective orders, restraining orders, no-
contact orders, convictions, arrests, or police reports,
committed against a person by--
``(A) a current or former spouse of the person;
``(B) an individual with whom the person shares a
child in common;
``(C) an individual who is cohabiting with or has
cohabited with the person;
``(D) an individual similarly situated to a spouse
of the person under the domestic or family violence
laws of the jurisdiction where the offense occurs; or
``(E) any other individual if the person is
protected from that individual's acts under the
domestic or family violence laws of the United States
or any State, Indian tribal government, or unit of
local government.
``(4) Foreign national client.--The term `foreign national
client' means a non-resident alien who utilizes the services of
an international marriage broker.
``(5) International marriage broker.--
``(A) In general.--The term `international marriage
broker' means a corporation, partnership, business,
individual, or other legal entity, whether or not
organized under any law of the United States, that
charges fees for providing dating, matrimonial, social
referrals, or matching services between United States
citizens or legal permanent residents and nonresident
aliens by providing information that would permit
individuals to contact each other, including--
``(i) providing the name, telephone number,
address, electronic mail address, or voicemail
of an individual; or
``(ii) providing an opportunity for an in-
person meeting.
``(B) Exceptions.--Such term does not include--
``(i) a traditional matchmaking
organization of a religious nature that
operates on a nonprofit basis and otherwise
operates in compliance with the laws of the
countries in which it operates including the
laws of the United States; or
``(ii) an entity that provides dating
services between United States citizens or
legal permanent residents and aliens, but not
as its principal business, and charges
comparable rates to all clients regardless of
the gender or country of residence of the
client.
``(6) Personal contact information.--
``(A) In general.--The term `personal contact
information' means information that would permit an
individual to contact another individual, including--
``(i) the name, address, phone number,
electronic mail address, or voice message
mailbox of that individual; and
``(ii) the provision of an opportunity for
an in-person meeting.
``(B) Exception.--Such term does not include a
photograph or general information about the background
or interests of a person.
``(c) Obligations of International Marriage Broker With Respect to
Informed Consent.--An international marriage broker shall not provide
any personal contact information about any foreign national client, not
including photographs, to any person unless and until the international
marriage broker has--
``(1) provided the foreign national client with information
in his or her native language that explains the rights of
victims of domestic violence in the United States, including
the right to petition for residence independent of, and without
the knowledge, consent, or cooperation of, the spouse; and
``(2) received from the foreign national client a signed
consent to the release of such personal contact information.
``(d) Mandatory Collection of Information.--
``(1) In general.--Each international marriage broker shall
require each client to provide the information listed in
paragraph (2), in writing and signed by the client (including
by electronic writing and electronic signature), to the
international marriage broker prior to referring any personal
contact information about any foreign national client to the
client.
``(2) Information.--The information required to be provided
in accordance with paragraph (1) is as follows:
``(A) Any arrest, charge, or conviction record for
homicide, rape, assault, sexual assault, kidnap, or
child abuse or neglect.
``(B) Any court ordered restriction on physical
contact with another person, including any temporary or
permanent restraining order or civil protection order.
``(C) Marital history, including if the person is
currently married, if the person has previously been
married and how many times, how previous marriages were
terminated and the date of termination, and if the
person has previously sponsored an alien to whom the
person has been engaged or married.
``(D) The ages of any and all children under the
age of 18.
``(E) All States in which the client has resided
since the age of 18.
``(e) Additional Obligations of the International Marriage
Broker.--An international marriage broker shall not provide any
personal contact information about any foreign national client to any
client, unless and until--
``(1) the client has been informed that the client will be
subject to a criminal background check should they petition for
a visa under clause (i) or (iii) of section 101(a)(15)(K) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K));
and
``(2) the foreign national client has been provided a copy
of the information required under subsection (d) regarding that
client.
``(f) Civil Penalty.--
``(1) Violation.--An international marriage broker that the
Secretary of Homeland Security determines has violated any
provision of this section or section 7 of the International
Marriage Broker Regulation Act of 2003 shall be subject, in
addition to any other penalties that may be prescribed by law,
to a civil penalty of not more than $20,000 for each such
violation.
``(2) Procedures for imposition of penalty.--A penalty
imposed under paragraph (1) may be imposed only after notice
and an opportunity for an agency hearing on the record in
accordance with sections 554 through 557 of title 5, United
States Code.
``(g) Criminal Penalty.--An international marriage broker that,
within the special maritime and territorial jurisdiction of the United
States, violates any provision of this section or section 7 of the
International Marriage Broker Regulation Act of 2003 shall be fined in
accordance with title 18, United States Code, or imprisoned for not
less than 1 year and not more than 5 years, or both.
``(h) Enforcement.--In any case in which the attorney general of a
State has reason to believe that an interest of the residents of that
State has been, or is threatened to be, adversely affected by a
violation of this section, the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to--
``(1) enjoin that practice;
``(2) enforce compliance with this section; or
``(3) obtain damages.
``(i) Study and Report.--
``(1) Study.--Not later than 2 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Attorney General, in consultation with the
Director of the Bureau of Citizenship and Immigration Services
within the Department of Homeland Security, shall conduct a
study--
``(A) regarding the number of international
marriage brokers doing business in the United States
and the number of marriages resulting from the services
provided, and the extent of compliance with this
section and section 7 of the International Marriage
Broker Regulation Act of 2003;
``(B) that assesses information gathered under this
section and section 7 of the International Marriage
Broker Regulation Act of 2003 from clients and
petitioners by international marriage brokers and the
Bureau of Citizenship and Immigration Services;
``(C) that examines, based on the information
gathered, the extent to which persons with a history of
violence are using the services of international
marriage brokers and the extent to which such persons
are providing accurate information to international
marriage brokers in accordance with this section and
section 7 of the International Marriage Broker
Regulation Act of 2003; and
``(D) that assesses the accuracy of the criminal
background check at identifying past instances of
domestic violence.
``(2) Report.--Not later than 3 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Secretary of Homeland Security shall submit a
report to the Committees on the Judiciary of the Senate and the
House of Representatives setting forth the results of the study
conducted pursuant to paragraph (1).''.
SEC. 4. CRIMINAL BACKGROUND CHECK.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)), as amended by section 2, is further amended by adding at the
end the following:
``(3) A petitioner for a visa under clause (i) or (iii) of section
101(a)(15)(K) shall undergo a national criminal background check
conducted using the national criminal history background check system
and State criminal history repositories of all States in which the
applicant has resided prior to the petition being approved by the
Secretary of Homeland Security, and the results of the background check
shall be included in the petition forwarded to the consular office
under that section.''.
SEC. 5. CHANGES IN CONSULAR PROCESSING OF FIANCE(E) VISA APPLICATIONS.
(a) In General.--During the consular interview for purposes of the
issuance of a visa under clause (i) or (iii) of section 101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)), a
consular officer shall disclose to the alien applicant information in
writing in the native language of the alien concerning--
(1) the illegality of domestic violence in the United
States and the availability of resources for victims of
domestic violence (including aliens), including protective
orders, crisis hotlines, free legal advice, and shelters;
(2) the requirement that international marriage brokers
provide foreign national clients with responses of clients to
questions regarding the client's domestic violence history and
marital history, but that such information may not be accurate;
(3) the right of an alien who is or whose children are
subjected to domestic violence or extreme cruelty by a United
States citizen spouse or legal permanent resident spouse, to
self-petition for legal permanent immigration status under the
Violence Against Women Act independently of, and without the
knowledge, consent, or cooperation of, such United States
citizen spouse or legal permanent resident spouse; and
(4) any information regarding the petitioner that--
(A) was provided to the Bureau of Citizenship and
Immigration Services within the Department of Homeland
Security pursuant to section 7; and
(B) is contained in the background check conducted
in accordance with section 214(d)(3) of the Immigration
and Nationality Act, as added by section 4, relating to
any conviction or civil order for a crime of violence,
act of domestic violence, or child abuse or neglect.
(b) Definitions.--In this section, the terms ``client'', ``domestic
violence'', ``foreign national client'', and ``international marriage
brokers'' have the same meaning given such terms in section 652 of the
Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1375).
SEC. 6. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7103) is amended--
(1) in subsection (d)(2), by inserting ``and the role of
international marriage brokers (as defined in section 652 of
the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C.
1375))'' after ``public corruption''; and
(2) by adding at the end the following:
``(f) Meetings.--The Task Force shall meet not less than 2 times in
a calendar year.''.
SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.
The Bureau of Citizenship and Immigration Services within the
Department of Homeland Security shall require that information
described in section 652(c) of the Omnibus Consolidated Appropriations
Act, 1997 (8 U.S.C. 1375(c)), as amended by section 3, be provided to
the Bureau of Citizenship and Immigration Services by a client (as
defined in section 652 of the Omnibus Consolidated Appropriations Act,
1997 (8 U.S.C.1375)) in writing and signed under penalty of perjury as
part of any visa petition under section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)).
SEC. 8. GOOD FAITH MARRIAGES.
The fact that an alien who is in the United States on a visa under
clause (i) or (iii) of section 101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of the criminal
background of a client (as defined in section 652 of the Omnibus
Consolidated Appropriations Act, 1997 (8 U.S.C. 1375)) cannot be used
as evidence that the marriage was not entered into in good faith.
SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)) is amended by striking ``Attorney General'' each place that
term appears and inserting ``Secretary of Homeland Security''.
SEC. 10. PREEMPTION.
Nothing in this Act, or the amendments made by this Act, shall
preempt any State law that provides additional protection for aliens
who are utilizing the services of an international marriage broker (as
defined in section 652 of the Omnibus Consolidated Appropriations Act,
1997 (8 U.S.C. 1375)). | International Marriage Broker Regulation Act of 2003 - Amends the Immigration and Nationality Act to prohibit U.S. citizens or lawful permanent residents (LPRs) from filing more than one application for a K fiance(e) visa in any one-year period.
Amends the Omnibus Consolidated Appropriations Act, 1997 to prohibit international marriage brokers from releasing a foreign national client's personal contact information until the broker has informed the foreign national of the rights of domestic violence victims in the United States and received a signed consent to the release. Requires brokers to obtain specified background information from citizen or LPR clients and to forward such information to foreign nationals. Establishes civil and criminal penalties for violations of this Act. Authorizes States to bring civil actions for such violations in the U.S. district courts.
Requires petitioners for fiance(e) visas to undergo criminal history background checks.
Modifies consular processing procedures for fiance(e) visa applications to require specified disclosures to alien applicants.
Amends the Victims of Trafficking and Violence Protection Act of 2000 to require an evaluation of the role of international marriage brokers in facilitating trafficking.
Requires a citizen or LPR client to provide to U.S. Citizenship and Immigration Services, as part of a fiance(e) visa petition, the information that such clients are required to submit to brokers under this Act.
Prohibits a fiance(e) visa holder's awareness of the criminal background of a citizen or LPR client from being used as evidence that the marriage was not entered into in good faith. | {"src": "billsum_train", "title": "To regulate international marriage broker activity in the United States, to provide for certain protections for individuals who utilize the services of international marriage brokers, and for other purposes."} | 3,727 | 355 | 0.629411 | 1.95779 | 0.833436 | 2.787004 | 12.151625 | 0.859206 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Small Business
Credit Card Act of 2009''.
(b) Findings.--The Congress finds as follows:
(1) In past recessions, economic recovery has frequently
been led by the creation of millions of new, small businesses.
(2) Today, however, small business owners are severely
limited in their ability to finance new business ventures
because their access to capital through their usual resources
has dried up, and the lack of access continues to grow.
(3) Small businesses are being pushed into using credit
cards as their primary source of working capital.
(4) This use of credit card credit is especially true for
rapidly growing businesses that are not traditional brick and
mortar operations, and lack the assets necessary for a
traditional loan.
(5) Yet, 28 percent of businesses surveyed recently said
they had been subject to a decrease in their line of credit or
a credit card limit in the past 6 months.
(6) And, this decrease in credit card limits occurred
despite the fact that 69 percent of the small businesses in the
survey cited worsening credit card terms.
(7) In 2008, 44 percent of the small businesses surveyed
used credit cards to finance their business.
(8) In 1993, only 16 percent of small businesses used
credit cards as a source of financing.
(9) One-third of small businesses using credit cards carry
a monthly balance in excess of $10,000.
SEC. 2. EXTENDING CREDIT CARD PROTECTIONS UNDER THE TRUTH IN LENDING
ACT TO SMALL BUSINESSES.
(a) Definition of Consumer.--Section 103(h) of the Truth in Lending
Act (15 U.S.C. 1602(h)) is amended--
(1) by striking ``(h) The adjective `consumer', used with
reference to a credit transaction, characterizes the
transaction as one in which the party to whom credit is offered
or extended is'' and inserting ``(h) Consumer.--
``(1) In general.--Except as provided in paragraph (2), the
term `consumer', when used as a adjective to describe or modify
a credit transaction or credit plan, means a transaction or
credit plan under which credit is offered or extended to''; and
(2) by adding at the end the following new paragraph:
``(2) Small business included under certain
circumstances.--
``(A) In general.--For purposes of any provision of
this title relating to a credit card account under an
open end credit plan, the term `consumer' includes any
qualified small business.
``(B) Qualified small business.--For purposes of
subparagraph (A), the term `qualified small business'
means, with respect to any credit card account under an
open end credit plan, any business concern having 50 or
fewer employees, whether or not--
``(i) the credit card account is in the
name of an individual or a business entity; and
``(ii) any credit transaction involving
such account is for business or personal
purposes.
``(C) Exclusion of small business after `opt out'
effective date.--The term `qualified small business'
shall not include any business concern described in
subparagraph (A) after the effective date of any
election under section 135(b) by the individual or
business for which the credit card account referred to
in such subparagraph has been established, so long as
such election remains in effect.''.
(b) Amendments to Exemptions.--Section 104 of the Truth in Lending
Act (15 U.S.C. 1603) is amended--
(1) in paragraph (1)--
(A) by inserting ``other than a credit transaction
under an open end consumer credit plan in which the
consumer is a qualified small business'' after
``agricultural purposes''; and
(B) by inserting ``other than qualified small
businesses'' after ``organizations''; and
(2) in paragraph (3), by striking ``$25,000'' and inserting
``$50,000''.
(c) Business Credit Card Amendments.--Section 135 of the Truth in
Lending Act (15 U.S.C. 1645) is amended--
(1) by striking ``The exemption provided by'' and inserting
``(a) In General.--The exemption provided by''; and
(2) by adding at the end the following new subsection:
``(b) Qualified Small Business Opt Out From Coverage.--
``(1) Notice of coverage.--The disclosures under section
127(a) before opening a credit card account under an open end
credit plan for a qualified small business shall include a
clear and conspicuous disclosure--
``(A) that the qualified small business is treated
as a consumer under this title and is subject to the
requirements of this title as a consumer;
``(B) that the business may elect, in accordance
with this subsection, to be exempt, under section
104(1), from this title to the same extent as any
business other than a qualified small business; and
``(C) of the procedures for making the election and
for subsequently revoking any such election.
``(2) Election.--The Board shall prescribe procedures for
making an effective election under this subsection and for
revoking any such election.
``(3) Prohibition on discrimination against qualified small
business.--No creditor may--
``(A) discriminate against any business concern
having 50 or fewer employees in connection with any
credit card account of, or any application for a credit
card account by such business, under an open end credit
plan on any basis; or
``(B) require any qualified small business to make
an election under this subsection as a condition for
opening a credit card account, or for providing more
advantageous terms for any credit card account, under
an open end credit plan.''. | Small Business Credit Card Act of 2009 - Amends the Truth in Lending Act to cover any qualified small business as a consumer with respect to a credit card account under an open end credit plan (thereby extending credit card protections under such Act to small businesses).
Defines "qualified small business" under the Act as any business concern having 50 or fewer employees, whether or not: (1) the credit card account is in the name of an individual or a business entity; and (2) any credit transaction involving such account is for business or personal purposes.
Permits a qualified small business to elect to opt out of coverage by the Act.
Exempts from coverage by the Act any credit transaction in which the total amount financed exceeds $50,000 (currently $25,000).
Requires certain creditor disclosures before opening any account under an open end consumer credit plan for a qualified small business.
Prohibits a creditor from: (1) discriminating against any business concern having 50 or fewer employees in connection with any credit card account under an open end credit plan; or (2) requiring any qualified small business to make an opt-out election as a condition for opening a credit card account, or for providing more advantageous terms for such an account. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act to provide coverage under such Act for credit cards issued to small businesses, and for other purposes."} | 1,320 | 266 | 0.495615 | 1.515484 | 0.773454 | 4.077869 | 4.991803 | 0.922131 |
SECTION 1. AFFILIATED ISLAND ENERGY INDEPENDENCE TEAM.
(a) Definitions.--In this section:
(1) Affiliated island.--The term ``affiliated island''
means--
(A) the Commonwealth of Puerto Rico;
(B) Guam;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands;
(G) the Republic of Palau; and
(H) the United States Virgin Islands.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy (acting through the Assistant Secretary of Energy
Efficiency and Renewable Energy), in consultation with the
Secretary of the Interior and the Secretary of State.
(3) Team.--The term ``team'' means the team established by
the Secretary under subsection (b).
(b) Establishment.--As soon as practicable after the date of
enactment of this Act, the Secretary shall assemble a team of
technical, policy, and financial experts to address the energy needs of
each affiliated island--
(1) to reduce the reliance and expenditure of each
affiliated island on imported fossil fuels;
(2) to increase the use by each affiliated island of
indigenous, nonfossil fuel energy sources;
(3) to improve the performance of the energy infrastructure
of the affiliated island through projects--
(A) to improve the energy efficiency of power
generation, transmission, and distribution; and
(B) to increase consumer energy efficiency;
(4) to improve the performance of the energy infrastructure
of each affiliated island through enhanced planning, education,
and training;
(5) to adopt research-based and public-private partnership-
based approaches as appropriate;
(6) to stimulate economic development and job creation; and
(7) to enhance the engagement by the Federal Government in
international efforts to address island energy needs.
(c) Duties of Team.--
(1) Energy action plans.--
(A) In general.--In accordance with subparagraph
(B), the team shall provide technical, programmatic,
and financial assistance to each utility of each
affiliated island, and the government of each
affiliated island, as appropriate, to develop and
implement an energy Action Plan for each affiliated
island to reduce the reliance of each affiliated island
on imported fossil fuels through increased efficiency
and use of indigenous clean-energy resources.
(B) Requirements.--Each Action Plan described in
subparagraph (A) for each affiliated island shall
require and provide for--
(i) the conduct of 1 or more studies to
assess opportunities to reduce fossil fuel use
through--
(I) the improvement of the energy
efficiency of the affiliated island;
and
(II) the increased use by the
affiliated island of indigenous clean-
energy resources;
(ii) the identification and implementation
of the most cost-effective strategies and
projects to reduce the dependence of the
affiliated island on fossil fuels;
(iii) the promotion of education and
training activities to improve the capacity of
the local utilities of the affiliated island,
and the government of the affiliated island, as
appropriate, to plan for, maintain, and operate
the energy infrastructure of the affiliated
island through the use of local or regional
institutions, as appropriate;
(iv) the coordination of the activities
described in clause (iii) to leverage the
expertise and resources of international
entities, the Department of Energy, the
Department of the Interior, and the regional
utilities of the affiliated island;
(v) the identification, and development, as
appropriate, of research-based and private-
public, partnership approaches to implement the
Action Plan; and
(vi) any other component that the Secretary
determines to be necessary to reduce
successfully the use by each affiliated island
of fossil fuels.
(2) Reports to secretary.--Not later than 1 year after the
date on which the Secretary establishes the team and biannually
thereafter, the team shall submit to the Secretary a report
that contains a description of the progress of each affiliated
island in--
(A) implementing the Action Plan of the affiliated
island developed under paragraph (1)(A); and
(B) reducing the reliance of the affiliated island
on fossil fuels.
(d) Use of Regional Utility Organizations.--To provide expertise to
affiliated islands to assist the affiliated islands in meeting the
purposes of this section, the Secretary shall consider--
(1) including regional utility organizations in the
establishment of the team; and
(2) providing assistance through regional utility
organizations.
(e) Annual Reports to Congress.--Not later than 30 days after the
date on which the Secretary receives a report submitted by the team
under subsection (c)(2), the Secretary shall submit to the appropriate
committees of Congress a report that contains a summary of the report
of the team.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Requires the Secretary of Energy, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, to assemble a team of technical, policy, and financial experts to address the energy needs of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the U.S. Virgin Islands to: (1) reduce reliance and expenditures on imported fossil fuels; (2) increase the use of indigenous, nonfossil fuel energy sources; (3) improve the performance of energy infrastructure through projects to improve the energy efficiency of power generation, transmission, and distribution and increase consumer energy efficiency; (4) improve the performance of energy infrastructure through enhanced planning, education, and training; (5) adopt research-based and public-private partnership-based approaches; (6) stimulate economic development and job creation; and (7) enhance the engagement by the federal government in international efforts to address such energy needs.
Requires the team to provide assistance to each utility of each island and to each island's government to develop and implement an energy Action Plan to reduce reliance on imported fossil fuels through increased efficiency and use of indigenous clean-energy resources. Requires the Secretary to consider including regional utility organizations in the establishment of the team and providing assistance through regional utility organizations. | {"src": "billsum_train", "title": "To require the Secretary of Energy to assemble a team of technical, policy, and financial experts to address the energy needs of the insular areas of the United States and the Freely Associated States through the development of action plans aimed at reducing reliance on imported fossil fuels and increasing use of indigenous clean-energy resources, and for other purposes."} | 1,052 | 287 | 0.771004 | 2.239743 | 0.8208 | 4.657795 | 3.889734 | 0.969582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Prescription Drug Abuse
Act''.
SEC. 2. COMMISSION.
(a) Establishment.--There is established the Combating Prescription
Drug Abuse Commission (referred to in this Act as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 30
members. Such members shall be appointed by the Comptroller
General of the United States, in consultation with the
Secretary of Health and Human Services and the Attorney
General.
(2) Composition.--The members appointed under paragraph (1)
shall include an equitable balance of individuals representing
health care groups and law enforcement groups, including--
(A) a representative of the Drug Enforcement
Administration;
(B) a representative of the Food and Drug
Administration;
(C) a representative of the Office of National Drug
Control Policy;
(D) representatives of patient, advocacy, and
community-based groups;
(E) representatives of pharmacy, prescribers,
hospitals, wholesalers, dispensers, manufacturers, and
other health care groups;
(F) public policy experts;
(G) representatives of State attorneys general; and
(H) representatives of law enforcement officials,
including local law enforcement officials.
(3) Date of appointment.--The appointments of the members
of the Commission shall be made not later than 180 days after
the date of enactment of this Act.
(4) Co-chairs.--The representative of the Drug Enforcement
Administration and the representative of the Food and Drug
Administration shall serve as Co-Chairs of the Commission.
(5) 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.
(c) Meetings.--The Commission shall meet at the call of the Co-
Chairs. The Commission shall meet for at least 2 public meetings, at
which the Commission shall provide opportunity for public input,
comment, and suggestion.
(d) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) review and report to Congress on Federal
initiatives with respect to efforts to prevent and
reduce prescription drug abuse;
(B) identify gaps and opportunities with respect to
ensuring the safe use of prescription drugs with the
potential for diversion and abuse; and
(C) make recommendations on specific ways to reduce
diversion and abuse of prescription drugs.
(2) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
issue a report to Congress that describes the efforts
of the Commission to prevent or reduce drug diversion
and abuse to ensure that patients continue to have
access to medications.
(B) Recommendations.--The report described in
subparagraph (A) shall include specific recommendations
for the Drug Enforcement Administration, the Food and
Drug Administration, and other Federal and State
agencies, as appropriate, and shall include the
following topics:
(i) Systems for prescription drug
monitoring, which shall include proposals to
increase the use and sustainability of
prescription drug monitoring programs.
(ii) Illegal Internet prescription drug
sites and ``pill mills'' that distribute
prescription drugs and fill prescriptions
inappropriately.
(iii) Facilitating proper disposal of
prescription drugs, including public outreach
and education efforts with respect to such
proper disposal.
(iv) Identifying active areas of
prescription drug abuse.
(v) Improving collaboration among Federal
agencies, especially the Drug Enforcement
Administration and the Food and Drug
Administration.
(vi) Improving collaboration between
Federal agencies and relevant stakeholders,
including the groups represented on the
Commission.
(vii) The resource needs for law
enforcement.
(viii) Proposals to improve the education
of providers, patients, parents, and youth.
(ix) Development of abuse-resistant
products.
(x) Recommendations for reducing robberies,
burglaries, and cargo theft.
(e) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this section. Upon the request of the Co-Chairs of the
Commission, the head of such department or agency shall furnish
such information to the Commission in a timely manner.
(f) Confidentiality.--Information obtained by the Commission from
any Federal agency shall be exempt from disclosure under section 552 of
title 5, United States Code. For purposes of the preceding sentence,
this subsection shall be considered a statute described in subsection
(b)(3)(B) of such section 552.
(g) Termination of the Commission.--The Commission shall terminate
2 years after the date on which the members are appointed under
subsection (b).
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$3,000,000 for fiscal years 2014 through 2016 to the Commission
to carry out this section.
(2) Limitation on use of funds.--No funds appropriated
under paragraph (1) may be used to carry out the
recommendations of the Commission. | Combating Prescription Drug Abuse Act - Establishes the Combating Prescription Drug Abuse Commission, whose duties shall be to: (1) review and report to Congress on federal initiatives regarding efforts to prevent and reduce prescription drug abuse, (2) identify gaps and opportunities regarding the safe use of prescription drugs with the potential for diversion and abuse, and (3) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. Requires the report to describe Commission efforts to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications and include specific recommendations for the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), and other federal and state agencies concerning prescription drug monitoring and abuse. | {"src": "billsum_train", "title": "Combating Prescription Drug Abuse Act"} | 1,157 | 151 | 0.592654 | 1.518909 | 0.78043 | 4.198582 | 7.815603 | 0.93617 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Selected Reserve of the Ready Reserve of the Armed
Forces is the element of the Armed Forces of the United States
that has the capability quickly to augment the active duty
forces of the Armed Forces successfully in times of crisis.
(2) The Selected Reserve has been assigned increasingly
critical levels of responsibility for carrying out the
worldwide military missions of the Armed Forces since the end
of the Cold War.
(3) Members of the Selected Reserve have served proudly as
mobilized forces in numerous theaters from Europe to the
Pacific and South America, indeed, around the world.
(4) The active duty forces of the Armed Forces cannot
successfully perform all of the national security missions of
the Armed Forces without augmentation by the Selected Reserve.
(5) The high and increasing tempo of activity of the
Selected Reserve causes turbulence in the relationships of
members of the Selected Reserve with their families, employers,
and reserve units.
(6) The turbulence often results from lengthy, sometimes
year-long, absences of the members of the Selected Reserve from
their families and their civilian jobs in the performance of
military duties necessary for the execution of essential
missions.
(7) Family turbulence includes the difficulties associated
with vacillation between coverage of members' families for
health care under civilian health benefits plans and coverage
under the military health benefits options.
(8) Up to 200,000 members of the Selected Reserve,
including, in particular, self-employed members, do not have
adequate health benefits.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that steps should be taken to ensure
that every member of the Selected Reserve of the Ready Reserve of the
Armed Forces and the member's family have health care benefits that are
adequate--
(1) to ease the transition of the member from civilian life
to full-time military life during a mobilization of reserve
forces;
(2) to minimize the adverse effects of a mobilization on
the member's ability to provide for the member's family to have
ready access to adequate health care; and
(3) to improve readiness and retention in the Selected
Reserve.
SEC. 3. STUDY OF HEALTH CARE BENEFITS COVERAGE FOR MEMBERS OF THE
SELECTED RESERVE.
(a) Requirement for Study.--The Secretary of Defense shall enter
into a contract with a federally funded research and development center
to carry out a study of the needs of members of the Selected Reserve of
the Ready Reserve of the Armed Forces and their families for health
care benefits.
(b) Report.--(1) Not later than March 1, 2002, the Secretary shall
submit a report on the results of the study to Congress.
(2) The report shall include the following matters:
(A) Descriptions, and an analysis, of how members of the
Selected Reserve and their dependents currently obtain coverage
for health care benefits, together with statistics on
enrollments in health care benefits plans.
(B) The percentage of members of the Selected Reserve, and
dependents of such members, who are not covered by any health
insurance or other health benefits plan, together with the
reasons for the lack of coverage.
(C) Descriptions of the disruptions in health benefits
coverage that a mobilization of members of the Selected Reserve
causes for the members and their families.
(D) At least three recommended options for cost-effectively
preventing or reducing the disruptions by means of extending
health care benefits under the Defense Health Program or the
Federal Employees Health Benefits program to all members of the
Selected Reserve and their families, together with an estimate
of the costs of individual coverage and family coverage under
each option.
(E) A profile of the health status of members of the
Selected Reserve and their dependents, together with a
discussion of how that profile would affect the cost of
providing adequate health benefits coverage for that population
of beneficiaries.
(F) An analysis of the likely effects that providing
enhanced health benefits coverage to members of the Selected
Reserve and their families would have on recruitment and
retention for, and the readiness of, the Selected Reserve.
(3) In formulating the options to recommend under paragraph (2)(D),
the Secretary shall consider an expansion of the TRICARE program or the
Federal Employees Health Benefits program to cover the members of the
Selected Reserve and their families. | Expresses the sense of Congress that steps should be taken to ensure that every member of the Selected Reserve of the Ready Reserve and such member's family have health care benefits that are adequate to: (1) ease the member's transition from civilian to full-time military life during a mobilization; (2) minimize the adverse effects of a mobilization on the member's ability to provide adequate health care to his or her family; and (3) improve readiness and retention in the Selected Reserve.Directs the Secretary of Defense to contract with a federally funded research and development center to study the health care benefit needs of such members and their families and to issue a report that shall include recommended options for extending health care benefits under the Defense Health Program or the Federal Employee Health benefits program to cover such members. | {"src": "billsum_train", "title": "A bill to require the Secretary of Defense to carry out a study of the extent to the coverage of members of the Selected Reserve of the Ready Reserve of the Armed Forces under health benefits plans and to submit a report on the study of Congress, and for other purposes."} | 928 | 167 | 0.646084 | 1.884366 | 0.872343 | 5.673077 | 5.820513 | 0.955128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pakistan Proliferation
Accountability Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Dr. Abdul Qadeer Khan, former director of the A.Q. Khan
Research Laboratory in Pakistan and Special Adviser to the
Prime Minister on the Strategic Programme with the status of a
federal minister, established and operated an illegal
international network which sold nuclear weapons and related
technologies to a variety of countries.
(2) The illegal international nuclear proliferation network
established by Dr. Khan provided North Korea with complete
uranium enrichment centrifuges and designs and a list of
components necessary to manufacture additional uranium
enrichment centrifuges.
(3) Documents provided by the Government of Libya to the
Government of the United States and the International Atomic
Energy Agency (IAEA) indicate that the illegal international
nuclear proliferation network established by Dr. Khan provided
Libya with designs for a nuclear weapon, as well as for uranium
enrichment centrifuges.
(4) In March 2005, the Government of Pakistan acknowledged
that the illegal international nuclear proliferation network
established by Dr. Khan provided uranium enrichment centrifuges
to Iran.
(5) The Government of the United States still does not know
the entire extent of the activities of the illegal
international nuclear proliferation network established by Dr.
Khan and the Government of Pakistan has not provided any
opportunity for the United States Government to interview Dr.
Khan directly.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of the United States has an interest in
knowing the full extent of the illegal international nuclear
proliferation network established and operated by the Pakistani
nuclear scientist, Dr. Abdul Qadeer Khan, which sold nuclear
weapons and related technologies to a variety of countries; and
(2) in order to ensure that the illegal international
nuclear proliferation network established by Dr. Khan has been
dismantled, Dr. Khan should give a full accounting of the
activities and participants of the network to the United States
Government.
SEC. 4. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN.
(a) Prohibition.--No United States military assistance may be
provided to Pakistan and no military equipment or technology may be
sold, transferred, or licensed for sale to Pakistan pursuant to the
authorities contained in the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) or any other Act unless the President first certifies to
the appropriate congressional committees that--
(1) the Government of Pakistan has provided the Government
of the United States with unrestricted opportunities to
interview the Pakistani nuclear scientist, Dr. Abdul Qadeer
Khan, regarding the illegal international nuclear proliferation
network established and operated by Dr. Khan;
(2) the Government of Pakistan has complied with requests
for assistance from the International Atomic Energy Agency
(IAEA) regarding the illegal international nuclear
proliferation network, including by providing requested
documents, materials, equipment, and access to individuals; and
(3) the Government of the United States--
(A) has determined the full scope of the activities
and participants of the illegal international nuclear
proliferation network;
(B) has determined the nature and extent of the
illegal international nuclear proliferation network's
connection to al Qaeda and Osama bin Laden; and
(C) in conjunction with the International Atomic
Energy Agency, has confirmed that the illegal
international nuclear proliferation network has been
completely dismantled.
(b) Inapplicability of Certain Provisions.--The prohibition
contained in subsection (a) does not apply to any assistance or
transfer for the purposes of any of the provisions of law specified in
subparagraphs (A) through (D) of section 620E(e)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2375(e)(2)).
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate. | Pakistan Proliferation Accountability Act of 2005 - Expresses the sense of Congress that: (1) the U.S. Government has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan; and (2) Dr. Khan should give the U.S. Government a full accounting of such network.
Prohibits U.S. military assistance to Pakistan until the President certifies to the appropriate congressional committees that: (1) the Government of Pakistan has provided the United States with unrestricted opportunities to interview Dr. Khan, and has complied with International Atomic Energy Agency (IAEA) requests regarding such network; and (2) the U.S. Government has determined such network's full scope of activities and participants, determined the nature of its connection to al Qaeda and Osama bin Laden, and, in conjunction with the IAEA, has confirmed its dismantling. | {"src": "billsum_train", "title": "To prohibit the provision of United States military assistance and the sale, transfer, or licensing of United States military equipment or technology to Pakistan."} | 904 | 209 | 0.710871 | 2.153562 | 1.120622 | 4.161677 | 4.922156 | 0.916168 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``National Park Service Winter Access
Act''.
SEC. 2. SNOWMOBILES.
(a) Findings.--(1) Recreational snowmobile use within units of the
National Park System is an established, traditional, and legitimate
means of visitor use and enjoyment of these public lands when conducted
in a manner that does not adversely affect or impair park resources and
values.
(2) The snowmobile manufacturers and the Environmental Protection
Agency will be working to establish emissions standards for a new
generation of snowmobiles. This new generation of machines will be
cleaner and quieter and should be available to the public within five
years.
(3) Cleaner, quieter snowmobiles may provide the public with a
greater opportunity to enjoy the National Park System in a manner that
is consistent with park resources and values.
(b) Interim Park Operations.--(1) As is consistent with the Act
entitled, ``An Act to establish a National Park Service, and for other
purposes,'' approved August 25, 1916 (16 U.S.C. 1 et seq.), in the
following units of the National Park System where snowmobile use
occurred or was authorized as of January 1, 2000, such use shall
continue restricted to levels of no less than the average wintertime
use and activity over the last three winters. This use can be subject
to other reasonable regulations governing such use existing as of
January 1, 2000, including emergency closure authority:
Acadia National Park, Maine
Black Canyon of the Gunnison National Park, Colorado
Crater Lake National Park, Oregon
Grand Teton National Park, Wyoming
Mount Rainier National Park, Washington
North Cascades National Park, Washington
Olympic National Park, Washington
Rocky Mountain National Park, Colorado
Sequoia National Park, California
Kings Canyon National Park, California
Theodore Roosevelt National Park, North Dakota
Voyageurs National Park, Minnesota
Yellowstone National Park, Idaho, Montana, Wyoming
Zion National Park, Utah
Appalachian National Scenic Trail, Multi-States
Saint Croix National Scenic River, Wisconsin, Minnesota
Pictured Rocks National Seashore, Michigan
Cedar Breaks National Monument, Utah
Dinosaur National Monument, Colorado, Utah
Grand Portage National Monument, Minnesota
Blue Ridge Parkway, North Carolina, Virginia
John D. Rockefeller, Jr. Parkway, Wyoming
Herbert Hoover National Historic Site, Iowa
Perry's Victory National Historic Site, Ohio
Bighorn Canyon National Recreation Area, Montana, Wyoming
Curecanti National Recreation Area, Colorado
Delaware Water Gap National Recreation Area, New Jersey,
Pennsylvania
Lake Chelan National Recreation Area, Washington
Ross Lake National Recreation Area, Washington
(2)(A) Notwithstanding subsection (b)(1), and consistent with other
applicable laws, the Secretary has the authority, if necessary to
address or avert significant environmental impacts in a particular unit
or portion of a unit, to restrict snowmobile use the activity down to a
level that is no less that 50 percent below the three year average
level established under subsection (b)(1). The restrictions shall apply
to the smallest practical portion of the unit adequate to address the
impacts.
(B) Before restricting use and activity in this manner, the
Secretary shall make a finding of significant environmental impact
based on on-the-ground study in the affected unit or portion of the
unit and sound, peer-reviewed scientific information applicable to that
unit or portion of the unit. Within at least 90 days before finalizing
such restrictions, the Secretary shall notify the Senate Committee on
Energy and Natural Resources and the House Committee on Resources of
its intent and provide the public with at least 30 days to comment on
the proposal.
(3) Consistent with other applicable law, the National Park Service
may prohibit recreational snowmobile use within all units of the system
not listed in subsection (b)(1).
(c) Long-Term Program and Operations.--(1) Within two years after
the enactment of this Act, the Environmental Protection Agency shall
promulgate final national standards governing emissions by snowmobiles.
(2) The Environmental Protection Agency may engage in negotiated
rulemaking with the snowmobile manufacturers regarding this standard.
(3) Taking into account noise reductions achieved in conjunction
with the emissions standard described in subsection (c)(1), not later
than five years following the date of enactment of this Act, the
National Park Service, in conjunction with the Society of Automotive
Engineers, shall set noise standards for snowmobile use in the National
Park System.
(d) Management Plans and Studies.--(1) The National Park Service is
directed to prepare management plans to assure education and
enforcement of regulations governing recreational snowmobile use within
the system.
(2) The National Park Service shall conduct new comprehensive
studies to assess the impacts of recreational snowmobile use within the
affected units of the system on park resources, visitor use and
enjoyment, and adjacent communities. Among other things, these studies
must include consideration of the EPA snowmobile emission standards,
snowmobiles that are produced in response to those standards, and
technological and other advances occurring or anticipated at that time.
The conclusions derived from such studies shall be the basis for any
proposed revised regulations and management plans to govern use of
recreational snowmobiles within the units listed in subsection (b)(1)
of this section.
(3) Not later than four years following the date of enactment of
this Act, the National Park Service shall prepare a Report to Congress
concerning the proper use of snowmobiles for recreation in National
Park System units. Among other things, this Report shall consider the
impact of the snowmobiles compliant with the emission standards set in
subsection (c)(1) on wildlife, the environment, and other relevant
factors.
(4) Not later than five years after the date of enactment of this
Act, and based upon the findings of the Report to Congress described in
subsection (d)(3) and other relevant information, the National Park
Service shall propose revised regulations and management plans to
govern use of recreational snowmobiles within the units listed in
subsection (b)(1) of this Act.
(5) No management plan or regulation developed in accordance with
subsection (d)(4) shall permit the entry of snowmobiles that do not
meet the emission and noise standards described in subsections (c)(1)
and (c)(3), respectively, into the units of the National Park System
described in section (b)(1) of this Act.
(e) Savings Clause.--Nothing herein is intended to affect the
provisions of Public Law 96-487, including but not limited to, Section
1110(a). | National Park Service Winter Access Act - Continues the use of snowmobiles in specified National Park System (NPS) units where such activity occurred or was authorized as of January 1, 2000. Restricts the use to levels of no less than the average wintertime use and activity over the last three winters.Authorizes the Secretary of the Interior: (1) under certain conditions, to address or avert significant environmental impacts in a particular unit or portion thereof, to restrict such use down to a level that is no less than 50 percent below the three year average; and (2) to prohibit such use within all NPS units not listed in this Act.Requires: (1) the Environmental Protection Agency to promulgate final national standards governing emissions by snowmobiles; (2) the National Park Service, in conjunction with the Society of Automotive Engineers, to set noise standards for snowmobile use in the NPS; and (3) the Service to propose revised regulations and management plans to govern such use, based on results of new comprehensive studies. | {"src": "billsum_train", "title": "A bill to provide recreational snowmobile access to certain units of the National Park System, and for other purposes."} | 1,381 | 216 | 0.551136 | 1.772069 | 0.701947 | 4.695431 | 6.700508 | 0.918782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Trust Payment Equity Act of
2003''.
SEC. 2. FINDINGS AND PURPOSES.--
(a) Findings.--Congress finds that--
(1) the United States has entered into treaties with Indian
tribes under which the United States made various commitments
to Indian tribes and Indian people;
(2) the United States functions, by treaty and statute, as
a trustee for Indian tribes and individual Indians;
(3) the United States has a fiduciary obligation to Indian
tribes and Indian people and, in accordance with that
obligation, must use the highest standard of care to protect
the assets of Indian tribes and individual Indians;
(4) the United States has failed Indian tribes and
individual Indians and abridged its treaty obligations related
to the handling of trust fund management and historical
accounting;
(5) mismanagement of Indian trust assets by the United
States is a longstanding problem that spans many
administrations;
(6) the complexity and longevity of that mismanagement
neither mitigates the injustice visited on the 300,000 Native
Americans whose accounts have been shortchanged nor absolves
the United States of its responsibility to correct the
situation in a timely manner;
(7) a civil action, Cobell v. Norton, Civ. No. 96-1285
(RCL), was filed in 1996 in an attempt to obtain a court order
to compel the United States to account for the trust funds
managed by the United States on behalf of individual Indians;
(8) as of the date of enactment of this Act, the overall
individual Indian money fund--
(A) contains approximately $3,000,000,000; and
(B) distributes more than $500,000,000 each year to
individual Indian money account holders;
(9) those funds are generated from Indian trust land
royalties resulting from leases of that land to oil,
agricultural, timber, and mining interests;
(10) not only do the parties to the Cobell action disagree
on the amount of money owed to individual Indian money account
holders, there is disagreement between the United States and
the Cobell plaintiffs on the number of individual Indian
beneficiaries residing in the United States;
(11) the United States estimates that, as of the date of
enactment of this Act, there are approximately 300,000
individual Indian trust beneficiaries residing in the United
States;
(12) the United States has never issued a public
approximation of the amount of money owed to individual Indian
money account holders;
(13) in 2001, the Secretary of the Interior established the
Office of Historical Trust Accounting to determine the means by
which a full accounting of individual Indian money accounts
could be accomplished;
(14) the Office of Historical Trust Accounting has
estimated that the process of conducting the accounting--
(A) could last a decade or longer;
(B) could cost at least $2,400,000,000; and
(C) might not produce a usable result;
(15) the Cobell civil action was filed only on behalf of
individual Indians, and not Indian tribes; and
(16) the Secretary of the Interior has stated that
completion of a comprehensive accounting of funds owed to
individual Indian money account holders will not be completed
for at least 5 years after the date of enactment of this Act.
(b) Purposes.--The purposes of this Act are--
(1) to acknowledge that the United States owes a
considerable amount of funds to Indian tribes and individual
Indian money account holders;
(2) to recognize that the acute human needs of Indians
require that the debt be paid to Indians and Indian tribes as
promptly as possible;
(3) to respect the sovereignty of Indian tribes; and
(4) to provide for payments of amounts that Indians and
Indian tribes are owed by the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Accounting.--The term ``accounting'' means the
comprehensive accounting of funds owed to individual Indian
money account holders required to be completed by the Secretary
as a result of the holding of the court in Cobell v. Norton,
Civ. No. 96-1285 (RCL).
(2) Fund.--The term ``Fund'' means the Indian Trust Payment
Equity Fund established by section 5(a).
(3) Indian.--The term ``Indian'' means an individual who is
a member of an Indian tribe (as determined by the Indian
tribe).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. INDIAN TRUST PAYMENT EQUITY.
(a) Payments.--For each of fiscal years 2004 through 2008, subject
to section 5(d), the Secretary shall use $2,000,000,000 of the amounts
in the Fund to provide to Indian tribes payments of amounts owed by the
United States to individual Indian money account holders as a result of
mismanagement of the individual Indian money fund.
(b) Contracts for Auditing.--The Secretary--
(1) may enter into a contract with an Indian tribe under
section 102 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f), or amend such a contract, to
provide funds to the Indian tribe from the Fund to assist the
Indian tribe in performing audits of individual Indian money
accounts in accordance with generally accepted accounting
standards consistent with chapter 75 of title 31, United States
Code (commonly known as the ``Single Audit Act of 1984''); and
(2) if the account holder accepts the results of an audit,
may use amounts in the Fund as partial payment until a full
accounting is satisfied.
(c) No Effect on Accounting or Judicial Decisions.--Nothing in this
section--
(1) negates or otherwise affects the requirement of the
Department of the Interior to complete the accounting; or
(2) constitutes a settlement regarding any individual
Indian money account or any civil action to compel an
accounting and payment of amounts owed to individual Indian
money account holders.
SEC. 5. INDIAN TRUST PAYMENT EQUITY FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Indian Trust Payment Equity Fund to be used in
carrying out this Act, consisting of such amounts as are appropriated
to the Fund under subsection (b).
(b) Appropriations to Fund.--There are appropriated to the Fund--
(1) such amounts as are made available under subsections
(a) and (b) of section 6;
(2) such amounts are deposited in the Fund under section
5(d)(2); and
(3) any interest earned on investment of amounts in the
Fund under subsection (d).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), upon request by
the Secretary of the Interior, the Secretary of the Treasury
shall transfer from the Fund to the Secretary of the Interior
such amounts as the Secretary of the Interior determines are
necessary to provide payments under section 4(a).
(2) Administrative expenses.--An amount not exceeding 1
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this Act.
(d) Investment of Amounts.--
(1) Investments.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Obligations.--Investments may be made only in
interest-bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
SEC. 6. FUNDING.
(a) In General.--Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Secretary, for deposit in the Fund--
(1) not later than 30 days after the date of enactment of
this Act, $2,000,000,000; and
(2) on October 1, 2004, and each October 1 thereafter
through October 1, 2007, $2,000,000,000.
(b) Receipt and Acceptance.--The Secretary shall be entitled to
receive, shall accept, and shall deposit in the Fund and use to carry
out this Act the funds transferred under subsection (a), without
further appropriation.
(c) Availability of Funds.--Funds transferred under subsection (a)
shall remain available until expended.
SEC. 7. REPORT.
Not later than 4 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that includes--
(1) an accounting of all payments made under section 4(a);
and
(2) a description of the status of, and an estimated date
of completion for, the accounting. | Indian Trust Payment Equity Act of 2003 - Requires the Secretary of the Interior for each of FY 2004 through 2008 to use $2 billion of the amounts in the Indian Trust Payment Equity Fund established by this Act to provide payments to Indian tribes for amounts owed by the United States to individual Indian money account holders as a result of mismanagement of the individual Indian money fund.
Authorizes the Secretary: (1) to enter into a contract with an Indian tribe under the Indian Self-Determination and Education Assistance Act, or amend such a contract, to provide funds to the Indian tribe from the Fund to assist it in performing audits of individual Indian money accounts in accordance with generally accepted Federal accounting standards; and (2) if the account holder accepts the results of an audit, to use amounts in the Fund as partial payment until a full accounting is satisfied.
Provides that nothing in this Act: (1) negates or otherwise affects the requirement of the Department of the Interior to complete the accounting; or (2) constitutes a settlement regarding any individual Indian money account or any civil action to compel an accounting and payment of amounts owed to such account holders.
Establishes the Indian Trust Payment Equity Fund in the Treasury to be used to carry out this Act, consisting of amounts appropriated under this Act. | {"src": "billsum_train", "title": "A bill to provide for the payment of amounts owed to Indian tribes and individual Indian money account holders."} | 2,138 | 274 | 0.627302 | 1.913265 | 0.735848 | 6.87747 | 7.920949 | 0.964427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Recovery Act of 1998''.
SEC. 2. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following:
``SEC. 123. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.
``(a) Findings; Purpose.--
``(1) Findings.--Congress finds that--
``(A) a modern infrastructure, including affordable
housing, wastewater and water service, and advanced
technology capabilities is a necessary ingredient of a
modern society and development of a prosperous economy
with minimal environmental impacts;
``(B) the Nation's rural areas face critical
social, economic, and environmental problems, arising
in significant measure from the growing cost of
infrastructure development in rural areas that suffer
from low per capita income and high rates of
outmigration and are not adequately addressed by
existing Federal assistance programs; and
``(C) the future welfare of the Nation and the
well-being of its citizens depend on the establishment
and maintenance of viable rural areas as social,
economic, and political entities.
``(2) Purpose.--The purpose of this section is to provide
for the development and maintenance of viable rural areas
through the provision of affordable housing and community
development assistance to eligible units of general local
government and eligible Indian tribes in rural areas with
excessively high rates of outmigration and low per capita
income levels.
``(b) Definitions.--In this section:
``(1) Eligible unit of general local government.--The term
`eligible unit of general local government' means a unit of
general local government that is the governing body of a rural
recovery area.
``(2) Eligible indian tribe.--The term `eligible Indian
tribe' means the governing body of an Indian tribe that is
located in a rural recovery area.
``(3) Grantee.--The term `grantee' means an eligible unit
of general local government or eligible Indian tribe that
receives a grant under this section.
``(4) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, group, and nation, including Alaska
Indians, Aleuts, and Eskimos, and any Alaskan Native Village,
of the United States, which is considered an eligible recipient
under the Indian Self-Determination and Education Assistance
Act (Public Law 93-638) or was considered an eligible recipient
under chapter 67 of title 31, United States Code, prior to the
repeal of such chapter.
``(5) Rural recovery area.--The term `rural recovery area'
means any geographic area represented by a unit of general
local government or an Indian tribe--
``(A) the borders of which are not adjacent to a
metropolitan area;
``(B) in which--
``(i) the annual population outmigration
level equals or exceeds 15 percent, as
determined by Secretary of Agriculture; and
``(ii) the per capita income is less than
that of the national nonmetropolitan average;
and
``(C) that does not include a city with a
population of more than 2,500.
``(6) Unit of general local government.--
``(A) In general.--The term `unit of general local
government' means any city, county, town, township,
parish, village, borough (organized or unorganized), or
other general purpose political subdivision of a State;
Guam, the Northern Mariana Islands, the Virgin Islands,
Puerto Rico, and American Samoa, or a general purpose
political subdivision thereof; a combination of such
political subdivisions that, except as provided in
section 106(d)(4), is recognized by the Secretary; the
District of Columbia; and the Trust Territory of the
Pacific Islands.
``(B) Other entities included.--The term also
includes a State or a local public body or agency (as
defined in section 711 of the Housing and Urban
Development Act of 1970), community association, or
other entity, that is approved by the Secretary for the
purpose of providing public facilities or services to a
new community as part of a program meeting the
eligibility standards of section 712 of the Housing and
Urban Development Act of 1970 or title IV of the
Housing and Urban Development Act of 1968.
``(c) Grant Authority.--The Secretary may make grants in accordance
with this section to eligible units of general local government and
eligible Indian tribes that meet the requirements of subsection (d) to
carry out eligible activities described in subsection (f).
``(d) Eligibility Requirements.--
``(1) Statement of rural development objectives.--In order
to receive a grant under this section for a fiscal year, an
eligible unit of general local government or eligible Indian
tribe--
``(A) shall--
``(i) publish a proposed statement of rural
development objectives and a description of the
proposed eligible activities described in
subsection (f) for which the grant will be
used; and
``(ii) afford residents of the rural
recovery area served by the eligible unit of
general local government or eligible Indian
tribe with an opportunity to examine the
contents of the proposed statement and the
proposed eligible activities published under
clause (i), and to submit comments to the
eligible unit of general local government or
eligible Indian tribe, as applicable, on--
``(I) the proposed statement and
the proposed eligible activities; and
``(II) the overall community
development performance of the eligible
unit of general local government or
eligible Indian tribe, as applicable;
and
``(B) based on any comments received under
subparagraph (A)(ii), prepare and submit to the
Secretary--
``(i) a final statement of rural
development objectives;
``(ii) a description of the eligible
activities described in subsection (f) for
which a grant received under this section will
be used; and
``(iii) a certification that the eligible
unit of general local government or eligible
Indian tribe, as applicable, will comply with
the requirements of paragraph (2).
``(2) Public notice and comment.--In order to enhance
public accountability and facilitate the coordination of
activities among different levels of government, an eligible
unit of general local government or eligible Indian tribe that
receives a grant under this section shall, as soon as
practicable after such receipt, provide the residents of the
rural recovery area served by the eligible unit of general
local government or eligible Indian tribe, as applicable,
with--
``(A) a copy of the final statement submitted under
paragraph (1)(B);
``(B) information concerning the amount made
available under this section and the eligible
activities to be undertaken with that amount;
``(C) reasonable access to records regarding the
use of any amounts received by the eligible unit of
general local government or eligible Indian tribe under
this section in any preceding fiscal year; and
``(D) reasonable notice of, and opportunity to
comment on, any substantial change proposed to be made
in the use of amounts received under this section from
1 eligible activity to another.
``(e) Distribution of Grants.--
``(1) In general.--In each fiscal year, the Secretary shall
distribute to each eligible unit of general local government
and eligible Indian tribe that meets the requirements of
subsection (d)(1) a grant in an amount described in paragraph (2).
``(2) Amount.--Of the total amount made available to carry
out this section in each fiscal year, the Secretary shall
distribute to each grantee the amount equal to the greater of--
``(A) the pro rata share of the grantee, as
determined by the Secretary, based on the combined
annual population outmigration level (as determined by
Secretary of Agriculture) and the per capita income for
the rural recovery area served by the grantee; and
``(B) $250,000.
``(f) Eligible Activities.--Each grantee shall use amounts received
under this section for 1 or more of the following eligible activities,
which may be undertaken either directly by the grantee, or by any local
economic development corporation, regional planning district, nonprofit
community development corporation, or statewide development
organization authorized by the grantee:
``(1) The acquisition, construction, repair,
reconstruction, operation, maintenance, or installation of
facilities for water and wastewater service or any other
infrastructure needs determined to be critical to the further
development or improvement of a designated industrial park.
``(2) The acquisition or disposition of real property
(including air rights, water rights, and other interests
therein) for rural community development activities.
``(3) The development of telecommunications infrastructure
within a designated industrial park that encourages high
technology business development in rural areas.
``(4) Activities necessary to develop and implement a
comprehensive rural development plan, including payment of
reasonable administrative costs related to planning and
execution of rural development activities.
``(5) Affordable housing initiatives.
``(g) Performance and Evaluation Report.--
``(1) In general.--Each grantee shall annually submit to
the Secretary a performance and evaluation report, concerning
the use of amounts received under this section.
``(2) Contents.--Each report submitted under paragraph (1)
shall include a description of--
``(i) publish a proposed statement of rural
development objectives and a description of the
proposed eligible activities described in
subsection (f) for which the grant will be
used; and
``(A) the eligible activities carried out by the
grantee with amounts received under this section, and
the degree to which the grantee has achieved the rural
development objectives included in the final statement
submitted under subsection (d)(1);
``(B) the nature of and reasons for any change in
the rural development objectives or the eligible
activities of the grantee after submission of the final
statement under subsection (d)(1); and
``(C) any manner in which the grantee would change
the rural development objectives of the grantee as a
result of the experience of the grantee in
administering amounts received under this section.
``(h) Retention of Income.--A grantee may retain any income that is
realized from the grant, if--
``(1) the income was realized after the initial
disbursement of amounts to the grantee under this section; and
``(2) the--
``(A) grantee agrees to utilize the income for 1 or
more eligible activities; or
``(B) amount of the income is determined by the
Secretary to be so small that compliance with
subparagraph (A) would create an unreasonable
administrative burden on the grantee.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 1999 through 2005.''. | Rural Recovery Act of 1998 - Amends the Housing and Community Development Act of 1974 to provide rural housing and community development assistance through rural recovery community development block grants to eligible local governments and Indian tribes in areas with high rates of outmigration and low per capita income. Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Recovery Act of 1998"} | 2,387 | 64 | 0.56464 | 1.252864 | 0.749388 | 4.351852 | 42.388889 | 0.907407 |
approving the
temporary suspension of the restriction of export licenses.
``g. As used in this section--
``(1) the term `alternative nuclear reactor fuel or target'
means a nuclear reactor fuel or target which is enriched to
less than 20 percent in the isotope U-235;
``(2) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235;
``(3) a fuel or target `can be used' in a nuclear research
or test reactor if--
``(A) the fuel or target has been qualified by the
Reduced Enrichment Research and Test Reactor Program of
the Department of Energy; and
``(B) use of the fuel or target will permit the
large majority of ongoing and planned experiments and
medical isotope production to be conducted in the
reactor without a large percentage increase in the
total cost of operating the reactor; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
SEC. 5. REPORT ON DISPOSITION OF EXPORTS.
Not later than 1 year after the date of the enactment of this Act,
the Chairman of the Nuclear Regulatory Commission, after consulting
with other relevant agencies, shall submit to the Congress a report
detailing the current disposition of previous United States exports of
highly enriched uranium used as fuel or targets in a nuclear research
or test reactor, including--
(1) their location;
(2) whether they are irradiated;
(3) whether they have been used for the purpose stated in
their export license;
(4) whether they have been used for an alternative purpose
and, if so, whether such alternative purpose has been
explicitly approved by the Commission;
(5) the year of export, and reimportation, if applicable;
(6) their current physical and chemical forms; and
(7) whether they are being stored in a manner which
adequately protects against theft and unauthorized access.
SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION.
(a) In General.--Chapter 10 of the Atomic Energy Act of 1954 (42
U.S.C. 2131 et seq.) is amended by adding at the end the following:
``Sec. 112. Domestic Medical Isotope Production.--
``a. The Commission may issue a license, or grant an amendment to
an existing license, for the use in the United States of highly
enriched uranium as a target for medical isotope production in a
nuclear reactor, only if, in addition to any other requirement of this
Act--
``(1) the Commission determines that--
``(A) there is no alternative medical isotope
production target, enriched in the isotope U-235 to
less than 20 percent, that can be used in that reactor;
and
``(B) the proposed recipient of the medical isotope
production target has provided assurances that,
whenever an alternative medical isotope production
target can be used in that reactor, it will use that
alternative in lieu of highly enriched uranium; and
``(2) the Secretary of Energy has certified that the United
States Government is actively supporting the development of an
alternative medical isotope production target that can be used
in that reactor.
``b. As used in this section--
``(1) the term `alternative medical isotope production
target' means a nuclear reactor target which is enriched to
less than 20 percent of the isotope U-235;
``(2) a target `can be used' in a nuclear research or test
reactor if--
``(A) the target has been qualified by the Reduced
Enrichment Research and Test Reactor Program of the
Department of Energy; and
``(B) use of the target will permit the large
majority of ongoing and planned experiments and medical
isotope production to be conducted in the reactor
without a large percentage increase in the total cost
of operating the reactor;
``(3) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
(b) Table of Contents.--The table of contents for the Atomic Energy
Act of 1954 is amended by inserting the following new item at the end
of the items relating to chapter 10 of title I:
``Sec. 112. Domestic medical isotope production.''.
SEC. 7. ANNUAL DEPARTMENT REPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Secretary shall
report to Congress on Department actions to support the production in
the United States, without the use of highly enriched uranium, of
molybdenum-99 for medical uses.
(b) Contents.--The reports shall include the following:
(1) For medical isotope development projects--
(A) the names of any recipients of Department
support under section 3;
(B) the amount of Department funding committed to
each project;
(C) the milestones expected to be reached for each
project during the year for which support is provided;
(D) how each project is expected to support the
increased production of molybdenum-99 for medical uses;
(E) the findings of the evaluation of projects
under section 3(a)(2); and
(F) the ultimate use of any Department funds used
to support projects under section 3.
(2) A description of actions taken in the previous year by
the Secretary to ensure the safe disposition of spent nuclear
fuel and radioactive waste for which the Department is
responsible under section 3(c).
SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.
(a) In General.--The Secretary shall enter into an arrangement with
the National Academy of Sciences to conduct a study of the state of
molybdenum-99 production and utilization, to be provided to Congress
not later than 5 years after the date of enactment of this Act.
(b) Contents.--The report shall include the following:
(1) For molybdenum-99 production--
(A) a list of all facilities in the world producing
molybdenum-99 for medical uses, including an indication
of whether these facilities use highly enriched uranium
in any way;
(B) a review of international production of
molybdenum-99 over the previous 5 years, including--
(i) whether any new production was brought
online;
(ii) whether any facilities halted
production unexpectedly; and
(iii) whether any facilities used for
production were decommissioned or otherwise
permanently removed from service; and
(C) an assessment of progress made in the previous
5 years toward establishing domestic production of
molybdenum-99 for medical uses, including the extent to
which other medical isotopes that have been produced
with molybdenum-99, such as iodine-131 and xenon-133,
are being used for medical purposes.
(2) An assessment of the progress made by the Department
and others to eliminate all worldwide use of highly enriched
uranium in reactor fuel, reactor targets, and medical isotope
production facilities.
SEC. 9. REPEAL.
The Nuclear Safety Research, Development, and Demonstration Act of
1980 (42 U.S.C. 9701 et seq.) is repealed.
SEC. 10. 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.
Passed the Senate November 17, 2011.
Attest:
NANCY ERICKSON,
Secretary. | American Medical Isotopes Production Act of 2011 - (Sec. 3) Directs the Secretary of Energy (DOE) to implement a technology-neutral program to evaluate and support projects for the production in the United States (except in certain circumstances without the use of highly enriched uranium) of significant quantities of molybdenum-99 for medical uses, implemented in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005.
Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations using them.
Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses.
Requires such contracts to provide for the producers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 created by the irradiation, processing, or purification of uranium leased under this Act.
Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created under this Act for medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this Act for which the producer does not have access to a disposal path.
Requires the producer of the spent nuclear fuel and radioactive waste to characterize accurately, package appropriately, and transport the spent nuclear fuel and radioactive waste before its acceptance by DOE.
Prohibits the Secretary from exchanging uranium for specified services.
Deems radioactive material resulting from the production of medical isotopes that has been permanently removed from a reactor or subcritical assembly, and for which there is no further use, to be low-level radioactive waste if it is acceptable under federal requirements for disposal as low-level radioactive waste.
(Sec. 4) Amends the Atomic Energy Act of 1954 to: (1) prohibit the Nuclear Regulatory Commission (NRC) from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this Act; and (2) authorize an extension of this seven-year period for up to another six years if the Secretary makes specified certifications to certain congressional committees.
Permits suspension of the export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving the temporary suspension of such export license restriction.
(Sec. 5) Requires the NRC Chairman to report to Congress on the current disposition of previous US exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.
(Sec. 6) Amends the Atomic Energy Act of 1954 to authorize the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.
(Sec. 7) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.
(Sec. 8) Instructs the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.
(Sec. 9) Repeals the Nuclear Safety Research, Development, and Demonstration Act of 1980. | {"src": "billsum_train", "title": "A bill to promote the production of molybdenum-99 in the United States for medical isotope production, and to condition and phase out the export of highly enriched uranium for the production of medical isotopes."} | 1,896 | 1,030 | 0.589397 | 1.874445 | 0.613805 | 2.49 | 2.035 | 0.7825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Retirement Advice
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide that advisors who--
(1) provide advice that is impermissible under the
prohibited transaction provisions under section 406 of the
Employee Retirement Income Security Act of 1974, or
(2) breach the best interest standard for the provision of
investment advice,
are subject to liability under the Employee Retirement Income Security
Act of 1974.
SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
(a) In General.--
(1) Definition of investment advice.--Section 3(21) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(21)) is amended by adding at the end the following:
``(C)(i) For purposes of clause (ii) of subparagraph (A), the term
`investment advice' means a recommendation that--
``(I) relates to--
``(aa) the advisability of acquiring, holding,
disposing, or exchanging any moneys or other property
of a plan by the plan, plan participants, or plan
beneficiaries, including any recommendation whether to
take a distribution of benefits from such plan or any
recommendation relating to the investment of any moneys
or other property of such plan to be rolled over or
otherwise distributed from such plan;
``(bb) the management of moneys or other property
of such plan, including recommendations relating to the
management of moneys or other property to be rolled
over or otherwise distributed from such plan; or
``(cc) the advisability of retaining or ceasing to
retain a person who would receive a fee or other
compensation for providing any of the types of advice
described in this subclause; and
``(II) is rendered pursuant to--
``(aa) a written acknowledgment of the obligation
of the advisor to comply with section 404 with respect
to the provision of such recommendation; or
``(bb) a mutual agreement, arrangement, or
understanding, which may include limitations on scope,
timing, and responsibility to provide ongoing
monitoring or advice services, between the person
making such recommendation and the plan that such
recommendation is individualized to the plan and such
plan intends to materially rely on such recommendation
in making investment or management decisions with
respect to any moneys or other property of such plan.
``(ii) For purposes of clause (i)(II)(bb), any disclaimer of a
mutual agreement, arrangement, or understanding shall only state the
following: `This information is not individualized to you, and there is
no intent for you to materially rely on this information in making
investment or management decisions.'. Such disclaimer shall not be
effective unless such disclaimer is in writing and is communicated in a
clear and prominent manner and an objective person would reasonably
conclude that, based on all the facts and circumstances, there was not
a mutual agreement, arrangement, or understanding described in clause
(i)(II)(bb).
``(iii) For purposes of clause (i)(II)(bb), information shall not
be considered to be a recommendation made pursuant to a mutual
agreement, arrangement, or understanding if such information contains
the disclaimer required by clause (ii) and--
``(I) it is provided in conjunction with full and fair
disclosure in writing to a plan, plan participant, or
beneficiary that the person providing the information is doing
so in its marketing or sales capacity, including any
information regarding the terms and conditions of the
engagement of the person providing the information, and that
the person is not intending to provide investment advice within
the meaning of this subparagraph or to otherwise act within and
under the obligations of the best interest standard as
described in this subparagraph;
``(II) the person providing the information is a
counterparty or service provider to the plan in connection with
any transaction based on the information (including a service
arrangement, sale, purchase, loan, bilateral contract, swap (as
defined in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)), or security-based swap (as defined in section 3(a) of the
Securities Exchange Act (15 U.S.C. 78c(a)))), but only if--
``(aa) the plan is represented, in connection with
such transaction, by a plan fiduciary who is
independent of the person providing the information,
and, except in the case of a swap or security-based
swap, independent of the plan sponsor; and
``(bb) prior to such transaction, the independent
plan fiduciary represents in writing to the person
providing the information that it is aware that the
person has a financial interest in the transaction and
that it has determined that the person is not intending
to provide investment advice within the meaning of this
subparagraph or to otherwise act as a fiduciary to the
plan subject to section 404;
``(III) the person providing the information is an employee
of any sponsoring employer or employee organization who
provides the information to the plan for no fee or other
compensation other than the employee's normal compensation;
``(IV) the person providing the information discloses in
writing to the plan fiduciary that the person is not
undertaking to provide investment advice as a fiduciary to the
plan subject to section 404 and the information consists solely
of--
``(aa) making available to the plan, without regard
to the individualized needs of the plan, securities or
other property through a platform or similar mechanism
from which a plan fiduciary may select or monitor
investment alternatives, including qualified default
investment alternatives, into which plan participants
or beneficiaries may direct the investment of assets
held in, or contributed to, their individual accounts;
or
``(bb) in connection with a platform or similar
mechanism described in item (aa)--
``(AA) identifying investment alternatives
that meet objective criteria specified by the
plan, such as criteria concerning expense
ratios, fund sizes, types of asset, or credit
quality; or
``(BB) providing objective financial data
and comparisons with independent benchmarks to
the plan;
``(V) the information consists solely of valuation
information; or
``(VI) the information consists solely of--
``(aa) information described in Department of Labor
Interpretive Bulletin 96-1 (29 C.F.R. 2509.96-1, as in
effect on January 1, 2015), regardless of whether such
education is provided to a plan or plan fiduciary or a
participant or beneficiary;
``(bb) information provided to participants or
beneficiaries regarding the factors to consider in
deciding whether to elect to receive a distribution
from a plan or an individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986) and whether to roll over such
distribution to a plan or an individual retirement plan
(as defined in section 7701(a)(37) of the Internal
Revenue Code of 1986), so long as any examples of
different distribution and rollover alternatives are
accompanied by all material facts and assumptions on
which the examples are based; or
``(cc) any additional information treated as
education by the Secretary.''.
(2) Exemption relating to investment advice.--Section
408(b) of the Employee Retirement Income Security Act of 1974
is amended by adding at the end the following:
``(21)(A) Any transaction, including a contract for
service, between a person providing investment advice described
in section 3(21)(A)(ii) and the advice recipient in connection
with such investment advice, and any transaction consisting of
the provision of such investment advice, if the following
conditions are satisfied:
``(i) No more than reasonable compensation is paid
(as determined under paragraph (2)) for such investment
advice.
``(ii) If the investment advice is based on a
limited range of investment options (which may consist,
in whole or in part, of proprietary products), such
limitations, including a clearly stated notice that the
same or similar investments may be available at a
different cost (greater or lesser) from other sources,
shall be clearly disclosed to the advice recipient
prior to any transaction based on the investment
advice. The notice shall only state the following: `The
same or similar investments may be available at a
different cost (greater or lesser) from other
sources.'.
``(iii) If the investment advice may result in
variable compensation to the person providing the
investment advice (or any affiliate of such person),
the receipt of such compensation, including a clearly
stated notice that the same or similar investments may
be available at a different cost (greater or lesser)
from other sources, shall be clearly disclosed to the
advice recipient. The notice shall only state the
following: `The same or similar investments may be
available at a different cost (greater or lesser) from
other sources.'. For purposes of this subparagraph,
clear disclosure of variable compensation means
notification prior to any transaction based on the
recommendation, in a manner calculated to be understood
by the average individual, of the following:
``(I) A notice that the person providing
the recommendation (or its affiliate) may
receive varying amounts of fees or other
compensation with respect to such transaction.
``(II) A description of any fee or other
compensation that is directly payable to the
person (or its affiliate) from the advice
recipient with respect to such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate or range
of such compensation).
``(III) A description of the types and
ranges of any indirect compensation that may be
paid to the person (or its affiliate) by any
third party in connection with such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate of such
ranges of compensation).
``(IV) Upon request of the advice
recipient, a disclosure of the specific amounts
of compensation described in clause (iii) that
the person will receive in connection with the
particular transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate of such compensation).
``(B) No recommendation will fail to satisfy the conditions
described in clauses (i) through (iii) of subparagraph (A)
solely because the person, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information specified in such clauses, provided that the
person discloses the correct information to the advice
recipient as soon as practicable, but not later than 30 days
from the date on which the person knows of such error or
omission.
``(C) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to communications provided or recommendations made on or
after 2 years after such date.
(c) Grandfathered Transactions and Services.--The amendments made
by subsection (a) shall not apply to any service or transaction
rendered, entered into, or for which a person has been compensated
prior to the date on which the amendments become effective under
subsection (b).
(d) Transition.--Until such time as regulations or other guidance
are issued to carry out the amendments made by subsection (a), a plan
or a fiduciary shall be treated as meeting the requirements of such
amendments if the plan or fiduciary, as the case may be, complies with
a reasonable good faith interpretation of such amendments. | Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements related to fiduciaries and the provision of investment advice for employer-sponsored retirement plans. (Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries.) The bill defines "investment advice" as a recommendation that relates to: the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, participants, or beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the advisor to comply with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice if: (1) no more than reasonable compensation is paid for the advice, and (2) specified disclosures and notifications are provided to the recipient of advice that is based on a limited range of investment options or may result in variable income to the investment advisor. | {"src": "billsum_train", "title": "Affordable Retirement Advice Protection Act"} | 2,605 | 372 | 0.718839 | 2.358605 | 0.882001 | 3.686154 | 7.516923 | 0.904615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury in Dental Fillings
Disclosure and Prohibition Act''.
SEC. 2. FINDINGS.
(a) General Findings.--The Congress finds as follows:
(1) Elemental mercury and mercury compounds are known to be
toxic and hazardous to human health and to the environment.
(2) Mercury is number three on the 2003 CERCLA Priority
List of Hazardous Substances, behind arsenic and lead.
(3) A dental amalgam, commonly referred to as a ``silver
filling'', consists of 42 to 58 percent mercury.
(4) Consumers may be deceived by the use of the term
``silver'' to describe a dental amalgam, which contains
substantially more mercury than silver.
(5) The American Dental Association estimates that the
dental industry places approximately 70,000,000 dental amalgams
annually and each dental amalgam may contain \1/2\ to \3/4\ of
a gram of mercury, depending on the size of the filling.
(6) The mercury contained in dental amalgam is continually
emitted in the form of mercury vapor, and the total amount of
mercury released depends upon the total number of fillings;
their age, composition, and surface area; the intraoral
presence of other metals; dietary and lifestyle habits; and
other chemical and metabolic conditions affecting the mouth.
(7) When mercury vapors are inhaled, most of the mercury
(about 80 percent) enters the bloodstream directly through the
lungs and then rapidly deposits preferentially in the brain and
kidneys as well as other parts of the body.
(8) Mercury toxicity is a retention toxicity (total body
burden) that builds up over years of exposure, and is therefore
dependent on all sources of mercury to which an individual may
be exposed.
(9) Recently funded research by the National Institutes of
Health has concluded that when inorganic mercury is located in
brain tissue, researchers are unable to demonstrate an
appreciable half-life, or decrease, of mercury over time (more
than 120 days). The implications of this conclusion are that
dental amalgam exposure will permanently increase mercury body
burden.
(10) According to the World Health Organization, the
estimated average daily intake and retention of mercury from
dental amalgam ranges from 3 to 27 micrograms per day, and is
greater than all other sources combined.
(11) The California Dental Association, by court order,
requires postings of warnings about mercury fillings in
California Dental Offices as of March 9, 2003. The warnings
read ``NOTICE TO PATIENTS: PROPOSITION 65 WARNING: Dental
Amalgam, used in many dental fillings, causes exposure to
mercury, a chemical known to the state of California to cause
birth defects or other reproductive harm''.
(12) United States consumers and parents have a right to
know, in advance, the risks of placing a product containing a
substantial amount of mercury in their mouths or the mouths of
their children.
(13) The Food and Drug Administration added Health Canada
warnings regarding mercury in dental amalgam to a consumer
update issued on December 31, 2002.
(14) According to certain scientific studies, Health
Canada, and the Agency for Toxic Substances and Disease
Registry, children and pregnant women are at particular risk
for exposure to mercury contained in dental amalgam.
(15) According to the Agency for Toxic Substances and
Disease Registry, the mercury from amalgam passes through the
placenta of pregnant women and through the breast milk of
lactating women, increasing health risks to both unborn
children and newborn babies.
(16) The National Academy of Sciences estimated that ``over
600,000 children are born each year at risk for adverse
neurodevelopmental effects due to in utero exposure to methyl
mercury''. This report urged the need to understand the
relative amount of mercury attributable to dental amalgam and
to thimerosal in vaccines.
(17) Studies show that a variety of commonly found human
intestinal and oral bacteria can methylate mercury. In this
way, the mercury vapor from fillings biotransforms into the
highly neurotoxic and teratogenic methylmercury.
(18) The use of mercury in any product being put into the
body is opposed by many health groups, such as the American
Public Health Association, the California Medical Association,
and Health Care Without Harm.
(19) Highly effective and durable alternatives to mercury-
based dental fillings exist, but many publicly and privately
financed health plans do not allow consumers to choose
alternatives to dental amalgam.
(b) Environmental Findings.--In addition to the findings of
subsection (a), the Congress finds as follows:
(1) Mercury wastewater released from dental clinics has
been shown to fail the Environmental Protection Agency's
toxicity characteristic leaching procedure and, therefore, is
regulated as hazardous waste.
(2) Research from the Naval Dental Research Institute
indicates that, when discharged to the environment, conditions
may be right for waste dental mercury to methylate, become
bioavailable, and subsequently biomagnify in fish as methyl
mercury, the most toxic form of mercury.
(3) Forty-eight States, the District of Columbia, and the
United States Territory of American Samoa have issued 2,362
fish consumption advisories to their residents due to mercury
contamination as of 2003.
(4) The Food and Drug Administration has issued fish
consumption advisories due to levels of mercury in
commercially-caught fish and, in January 2001, warned pregnant
woman and young children not to eat certain marine fish.
(5) According to the Environmental Protection Agency,
United States dentists use approximately 34 tons of mercury per
year.
(6) A report issued on June 5, 2002, by the Mercury Policy
Project, the Sierra Club, Health Care Without Harm, Clean Water
Action, and the Toxics Action Center stated that, because of
mercury fillings, dental offices are now the leading source of
mercury in the Nation's wastewater.
(7) Mercury from dental amalgam can enter the environment
during any point of the product's life-cycle. This includes
placement or removal of fillings; through bodily excretions;
when sewage sludge is incinerated, spread on crops, or dumped
in land fills; when vapor is released or land filled; when
vapor is released directly from the filling (which increases
with brushing, chewing, and consuming hot foods or salt); and
during cremation. Currently there are no requirements for
mercury capture before or during cremation.
(8) In 2000, the Association of Metropolitan Sewerage
Agencies reported human wastes from individuals with dental
amalgam fillings to be the most significant source of domestic
mercury entering publicly owned treatment works, greater than
80 percent of the total contributing factors.
(9) According to the Association of Metropolitan Sewerage
Agencies, removal of mercury from publicly owned treatment
works has been shown to cost $10,000,000 to $100,000,000 for
every pound removed.
(10) Mercury use by the dental industry increased from 2
percent in 1980 to 22 percent of the total use of mercury in
the United States in 2001, because of drastic declines in
mercury use by other industries over that period.
(11) Amalgam restorations were estimated to be 55 percent
of the total mercury product reservoir in 2004 by the
Environmental Protection Agency, and will therefore be a source
of environmental contamination into the future.
(12) According to a joint study by the Environmental
Protection Agency and the Cremation Association of North
America, approximately 238 pounds of mercury, mostly from
dental amalgam fillings, were released from crematoria
nationally in 1999.
(13) Cremation is chosen in approximately 30 percent of all
deaths, and this percentage is expected to increase every year.
(14) According to industrial hygiene surveys, 6 to 16
percent of dental offices exceed the exposure levels for air
mercury permitted by Occupational Safety and Health
Administration standards.
SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL AMALGAM INTO INTERSTATE
COMMERCE.
(a) Prohibition.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the
following:
``(j) Effective January 1, 2009, if it contains mercury intended
for use in a dental filling.''.
(b) Transitional Provision.--For purposes of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), effective December 31,
2006, and subject to the amendment made by subsection (a), a device
that contains mercury intended for use in a dental filling shall be
considered to be misbranded, unless it bears a label that provides as
follows: ``Dental amalgam contains approximately 50 percent mercury, a
highly toxic element. Such product should not be administered to
children less than 18 years of age, pregnant women, or lactating women.
Such product should not be administered to any consumer without a
warning that the product contains mercury, which is a highly toxic
element, and therefore poses health risks.''. | Mercury in Dental Fillings Disclosure and Prohibition Act - Amends the Federal Food, Drug, and Cosmetic Act to deem adulterated (hence prohibited), effective January 1, 2009, any amalgam containing mercury intended for use in a dental filling.
Provides for a transition period, during which such a device may be manufactured and sold if it bears a specified warning label, until this Act becomes effective. | {"src": "billsum_train", "title": "To prohibit after 2008 the introduction into interstate commerce of mercury intended for use in a dental filling, and for other purposes."} | 1,946 | 94 | 0.498479 | 1.341438 | 0.305271 | 2.986842 | 24.105263 | 0.855263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent
Coin Redesign Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Abraham Lincoln, the 16th President, was one of the
Nation's greatest leaders, demonstrating true courage during
the Civil War, one of the greatest crises in the Nation's
history.
(2) Born of humble roots in Hardin County, Kentucky, on
February 12, 1809, Abraham Lincoln rose to the Presidency
through a combination of honesty, integrity, intelligence, and
commitment to the United States.
(3) With the belief that all men are created equal, Abraham
Lincoln led the effort to free all slaves in the United States.
(4) Abraham Lincoln had a generous heart, with malice
toward none and with charity for all.
(5) Abraham Lincoln gave the ultimate sacrifice for the
country he loved, dying from an assassin's bullet on April 15,
1865.
(6) All Americans could benefit from studying the life of
Abraham Lincoln, for Lincoln's life is a model for
accomplishing the ``American dream'' through honesty,
integrity, loyalty, and a lifetime of education.
(7) The year 2009 will be the bicentennial anniversary of
the birth of Abraham Lincoln.
(8) Abraham Lincoln was born in Kentucky, grew to adulthood
in Indiana, achieved fame in Illinois, and led the nation in
Washington, D.C.
(9) The so-called ``Lincoln cent'' was introduced in 1909
on the 100th anniversary of Lincoln's birth, making the obverse
design the most enduring on the nation's coinage.
(10) President Theodore Roosevelt was so impressed by the
talent of Victor David Brenner that the sculptor was chosen to
design the likeness of President Lincoln for the coin, adapting
a design from a plaque Brenner had prepared earlier.
(11) In the nearly 100 years of production of the ``Lincoln
cent'', there have been only 2 designs on the reverse: the
original, featuring 2 wheat-heads in memorial style enclosing
mottoes, and the current representation of the Lincoln Memorial
in Washington, D.C.
(12) On the occasion of the bicentennial of President
Lincoln's birth and the 100th anniversary of the production of
the Lincoln cent, it is entirely fitting to issue a series of
1-cent coins with designs on the reverse that are emblematic of
the 4 major periods of President Lincoln's life.
SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009.
(a) In General.--During the year 2009, the Secretary of the
Treasury shall issue 1-cent coins in accordance with the following
design specifications:
(1) Obverse.--The obverse of the 1-cent coin shall continue
to bear the Victor David Brenner likeness of President Abraham
Lincoln.
(2) Reverse.--The reverse of the coins shall bear 4
different designs each representing a different aspect of the
life of Abraham Lincoln, such as--
(A) his birth and early childhood in Kentucky;
(B) his formative years in Indiana;
(C) his professional life in Illinois; and
(D) his presidency, in Washington, D.C.
(b) Issuance of Redesigned Lincoln Cents in 2009.--
(1) Order.--The 1-cent coins to which this section applies
shall be issued with 1 of the 4 designs referred to in
subsection (a)(2) beginning at the start of each calendar
quarter of 2009.
(2) Number.--The Secretary shall prescribe, on the basis of
such factors as the Secretary determines to be appropriate, the
number of 1-cent coins that shall be issued with each of the
designs selected for each calendar quarter of 2009.
(c) Design Selection.--The designs for the coins specified in this
section shall be chosen by the Secretary----
(1) after consultation with the Abraham Lincoln
Bicentennial Commission and the Commission of Fine Arts; and
(2) after review by the Citizens Coinage Advisory
Committee.
SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009.
The design on the reverse of the 1-cent coins issued after December
31, 2009 shall bear an image emblematic of President Lincoln's
preservation of the United States of America as a single and united
country.
SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909
PENNY.
The Secretary of the Treasury shall issue 1-cent coins in 2009 with
the exact metallic content as the 1-cent coin contained in 1909 in such
number as the Secretary determines to be appropriate for numismatic
purposes
SEC. 6. SENSE OF THE CONGRESS.
It is the sense of the Congress that the original Victor David
Brenner design for the 1-cent coin was a dramatic departure from
previous American coinage that should be reproduced, using the original
form and relief of the likeness of Abraham Lincoln, on the 1-cent coins
issued in 2009. | Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln. | {"src": "billsum_train", "title": "To provide for the redesign of the reverse of the Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary of the birth of President Abraham Lincoln."} | 1,079 | 51 | 0.495813 | 1.24549 | 0.539756 | 2.931818 | 23.136364 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Implant Research and
Information Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the Institute of Medicine, it is estimated
that 1,000,000 to 2,000,000 American women have received breast
implants over the last 35 years. Because there has never been a
patient registry for breast implant recipients it is impossible
to more accurately determine the number of women who have
received breast implants. Yet, the American Society of Plastic
Surgeons estimates that in 1999 alone 82,975 women had breast
reconstruction following mastectomies and another 167,318
American women received breast implants for cosmetic purposes.
(2) From 1985 until January 2000, FDA received 127,770
adverse reaction reports for silicone gel-filled breast
implants and 65,720 adverse reaction reports for saline-filled
implants.
(3) Women need complete and accurate information about the
potential health risks and advantages of breast implants so
that women can make informed decisions.
(4) Silicone breast implants have never been approved by
the Food and Drug Administration; saline breast implants, which
consist of a saline solution injected into a silicone envelope,
were approved by the agency in 2000 despite alarmingly high
complication and reoperation rates. After three years, 43
percent of the augmentation patients and 73 percent of the
reconstruction patients experienced local complications and 40
percent of the reconstruction patients were forced to undergo
additional surgery for local complications and device failure.
(5) In 1998, the Food and Drug Administration opened a
criminal investigation following allegations that one of the
breast implant manufacturers was manipulating research data in
breast implant studies. When the Food and Drug Administration's
General and Plastic Surgery Devices Panel convened in March
2000 to consider market approval for saline implants, it was
not informed of the investigation. Although the manufacturer's
saline breast implant was approved by the Food and Drug
Administration in May 2000, the investigation remains open.
(6) According to a 1997 Mayo Clinic study, within 5 years
of receiving such implants, 1 in 4 women required additional
surgery.
(7) In 2000, research sponsored by the Food and Drug
Administration found that even among women who had not sought
medical treatment for implant problems, almost 70 percent had
at least one ruptured implant after 10 to 15 years. Silicone
was found to be migrating away from the implants in 21 percent
of those women. The FDA researchers concluded that ``the
relationship of free silicone to development or progression of
disease is unknown''.
(8) A 1993 study by Dr. Suzanne S. Teuber et al.,
University of California, published in The Journal of
Autoimmunity, investigated the influence of silicone breast
implants on the expression of anticollagen antibodies and found
a statistically significant incidence of anticollagen
antibodies in women with implants. The researchers concluded
that silicone breast implants should not be considered a benign
or immunologically inert material; serious implications may
result from their use.
(9) The Institute of Medicine's 1999 study of silicone
breast implant safety found that local complications with
silicone breast implants were the primary safety issue, that
they have not been well studied, and that information on these
complications is crucial for women deciding whether or not they
want breast implant surgery. Concern remains that exposure to
silicone breast implants may result in currently undefined
connective tissue or autoimmune diseases.
(10) A 2001 National Cancer Institute study found breast
implant recipients suffer from higher rates of lung and brain
cancer than other plastic surgery patients.
(11) A 1999 case report by Dr. Suzanne S. Teuber et al.,
University of California, published in The Journal of
Rheumatology, found evidence of silicone migration in women
with ruptured or leaking silicone breast implants. These
patients experienced severe local inflammation and
complications resulting from silicone migration to the axilla,
arm or abdominal wall. Researchers concluded that once silicone
gel leaves the implant, it is not biologically inert and in
some persons can elicit profound pathologic responses.
(12) According to many reports, including a study published
in the Journal of the National Cancer Institute, the presence
of a silicone breast implant may create difficulties in
obtaining accurate and thorough mammograms because as much as
40 percent of the breast tissue can be masked by the implant.
This delays the early detection of breast cancer in women.
(13) According to a 2000 Food and Drug Administration
publication, women of childbearing age who want to breast feed
should be aware of the negative impact of breast implants on
breast feeding. It is not known if a small amount of silicone
may pass from the silicone shell of an implant into breast
milk. If this occurs, it is not known what effect it may have
on the nursing infant.
(b) Purpose.--It is the purpose of this Act to promote research to
identify and evaluate the health effects of breast implants, to ensure
that women receive accurate information about such implants and to
encourage the Food and Drug Administration to conclude its criminal
investigation based on the allegations of wrong-doing by one of the
implant manufacturers which ultimately may affect their products and
the health of American women.
(c) Rule of Construction.--Nothing in this Act shall be construed
to affect any rule or regulation promulgated under the authority of the
Federal Food, Drug and Cosmetic Act (21 U.S. 301 et seq.) that is in
effect on the date of enactment of this Act relating to the
availability of silicone breast implant for reconstruction after
mastectomy, correction of congenital deformities, or replacement for
ruptured silicone implants for augmentation.
SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH.
(a) Status of Existing Research.--The Director of the National
Institutes of Health shall report to all appropriate committees of
Congress on the status of the existing breast implant research funded
by such Institutes within 90 days after the date of the enactment of
this Act.
(b) Amendment to Public Health Service Act.--Part H of title IV of
the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by
adding at the end of the following:
``SEC. 498C. BREAST IMPLANT RESEARCH.
``(a) Institute-Wide Coordinator.--The Director of NIH shall
appoint an appropriate official of the Department of Health and Human
Services to serve as the National Institutes of Health coordinator
regarding breast implant research. Such coordinator shall encourage and
coordinate the participation of all appropriate Institutes research
including--
``(1) the Office of Research on Women's Health;
``(2) the National Institute of Allergy and Infectious
Diseases;
``(3) the National Institute of Arthritis and
Musculoskeletal and Skin diseases;
``(4) the National Institute of Child Health and Human
Development;
``(5) the National Institute of Environmental Health
Sciences;
``(6) the National Institute of Neurological Disorders and
Stroke; and
``(7) the National Cancer Institute.
``(b) Study Sections.--The Director of NIH shall establish a study
section or special emphasis panel if determined to be appropriate, for
the National Institutes of Health to review extramural research grant
applications regarding breast implants to ensure the appropriate design
and high quality of such research and shall take appropriate action to
ensure the quality of intramural research activities.
``(c) Clinical Study.--
``(1) In general.--The Director of NIH shall conduct or
support research to expand the understanding of the health
implications of both saline and silicone breast implants. Such
research should, if determined to be scientifically
appropriate, include multidisciplinary, clinical, case-
controlled study of women with breast implants for at least
eight years whether it be one prosthesis or multiple, and
differentiate between women receiving implants for mastectomy,
reconstructive or cosmetic purposes and include subsets of women with
saline implants and silicone implants. Such a study should focus on the
rate of local complications which includes capsular contracture,
leakage, loss of nipple sensation, deflation and rupture as well the
presentation of atypical symptoms, silicone migration, neurological
dysfunction, and immune system irregularities, and evaluate to what
extent if any, their health differs from that of suitable controls.
``(2) Annual report.--The Director of NIH shall annually
prepare and submit to the appropriate Committees of Congress a
report concerning the results of the study conducted under
paragraph (1).''.
SEC. 4. INTENSIFICATION OF ACTIVITIES REGARDING POSTMARKET RESEARCH OF
SALINE BREAST IMPLANTS AT THE FOOD AND DRUG
ADMINISTRATION.
To ensure that the Food and Drug Administration conducts postmarket
evaluations of saline implant manufacturers' data based on the
postmarket recommendations made by the Food and Drug Administration's
General and Plastic Surgery Devices Panel, the Commissioner of Food and
Drugs shall report to Congress on the implementation status of the
postmarket recommendations at 6, 12, and 18 month intervals after the
date of the enactment of this Act and annually thereafter.
SEC. 5. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION.
To assist women in receiving accurate and complete information
about the risks of silicone breast implants, the Commissioner of Food
and Drugs shall--
(1) expedite the conclusion the agency's criminal
investigation into allegations of wrong-doing by one of the
implant manufacturers; brief appropriate Committees of Congress
on the findings and take appropriate action within 90 days
after the date of the enactment of this Act;
(2) ensure that the toll-free consumer information line and
materials concerning breast implants provided by the Food and
Drug Administration are available, up to date, and responsive
to reports of problems with breast implants, and that timely
aggregate data concerning such reports shall be made available
to the public upon request and consistent with existing
confidentiality standards;
(3) require that manufacturers of silicone breast implants
update implant package inserts and informed consent documents
regularly to reflect accurate information about such implants,
particularly the rate of local complications and ruptures of
such implants;
(4) require that any manufacturers of such implants that
are conducting clinical studies on silicone breast implants--
(A) require its clinical investigators to provide
prospective patients with the Food and Drug
Administration's breast implant booklet;
(B) amend such study protocol and informed consent
document to reflect that patients must be provided with
a copy of informed consent documents at the initial, or
earliest possible, consultation regarding breast
prosthesis;
(C) amend the informed consent protocol to inform
women about how to obtain a Medwatch form and encourage
any woman who withdraws from the study, or who would
like to report such problem or concerns with the study
and reason for withdrawing; and
(D) amend the informed consent document to provide
potential participants with the inclusion criteria for
the clinical trial and the toll-free Consumer
Information number; and
(5) appoint a special ad hoc patient information panel
that--
(A) convenes annually for the sole purpose of
reviewing breast implant information and advertisements
provided by the manufacturers and the Food and Drug
Administration to ensure consumer information is
thorough and accurate; and
(B) includes in its membership (but is not limited
to) saline and silicone breast implant recipients,
bioethicists, rheumatologists, and oncologists with
experience in both clinical care and research regarding
breast implants. | Breast Implant Research and Information Act - Requires the Director of the National Institutes of Health (NIH) to report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes.Amends the Public Health Service Act to require the NIH Director to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants.Requires a report from the Commissioner of Food and Drugs concerning postmarket evaluations of saline implant manufacturers' data.Directs the Commissioner to take specified steps to assist women in receiving accurate and complete information about the risks of silicone breast implants. | {"src": "billsum_train", "title": "A bill to promote research to identify and evaluate the health effects of breast implants; to ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to thoroughly review the implant manufacturers' standing with the agency."} | 2,541 | 216 | 0.494262 | 1.440912 | 0.68967 | 4.557377 | 12.748634 | 0.961749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Annuities for Federal
Employees Act of 2012''.
SEC. 2. RETIREMENT CONTRIBUTIONS.
(a) Civil Service Retirement System.--
(1) Individual contributions.--Section 8334(c) of title 5,
United States Code, is amended--
(A) by striking ``(c) Each'' and inserting ``(c)(1)
Each''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of this subsection, the
applicable percentage of basic pay under this subsection shall, for
purposes of computing an amount--
``(A) for a period in calendar year 2013, 2014, or 2015, be
equal to the applicable percentage under this subsection for
the preceding calendar year (including as increased under this
paragraph, if applicable), plus an additional 0.5 percentage
point; and
``(B) for a period in any calendar year after 2015, be
equal to the applicable percentage under this subsection for
calendar year 2015 (as determined under subparagraph (A)).''.
(2) Government contributions.--Section 8334(a)(1)(B) of
title 5, United States Code, is amended--
(A) in clause (i), by striking ``Except as provided
in clause (ii),'' and inserting ``Except as provided in
clause (ii) or (iii),''; and
(B) by adding at the end the following:
``(iii) The amount to be contributed under clause (i) shall, with
respect to a period in any year beginning after December 31, 2012, be
equal to--
``(I) the amount which would otherwise apply under clause
(i) with respect to such period, reduced by
``(II) the amount by which, with respect to such period,
the withholding under subparagraph (A) exceeds the amount which
would otherwise have been withheld from the basic pay of the
employee or elected official involved under subparagraph (A)
based on the percentage applicable under subsection (c) for
calendar year 2012.''.
(b) Federal Employees' Retirement System.--Section 8422(a)(3) of
title 5, United States Code, is amended--
(1) by striking ``(3) The'' and inserting ``(3)(A) The'';
and
(2) by adding at the end the following:
``(B) Notwithstanding any other provision of this paragraph, the
applicable percentage under this paragraph shall, for purposes of
computing any amount--
``(i) for a period in calendar year 2013, 2014, or 2015, be
equal to the applicable percentage under this paragraph for the
preceding calendar year (including as increased under this
subparagraph, if applicable), plus an additional 0.5 percentage
point; and
``(ii) for a period in any calendar year after 2015, be
equal to the applicable percentage under this paragraph for
calendar year 2015 (as determined under clause (i)).''.
SEC. 3. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES.
(a) Definition of Secure Annuity Employee.--Section 8401 of title
5, United States Code, is amended--
(1) in paragraph (35), by striking ``and'' at the end;
(2) in paragraph (36), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(37) the term `secure annuity employee' means an employee
or Member who--
``(A) first becomes subject to this chapter after
December 31, 2012; and
``(B) at the time of first becoming subject to this
chapter, does not have at least 5 years of civilian
service creditable under the Civil Service Retirement
System or any other retirement system for Government
employees.''.
(b) Individual Contributions.--Section 8422(a)(3) of title 5,
United States Code (as amended by section 2(b)) is further amended--
(1) in subparagraph (B) (as added by section 2(b)), in the
matter before clause (i), by striking ``this paragraph, the''
and inserting ``this paragraph and except in the case of a
secure annuity employee, the''; and
(2) by adding after subparagraph (B) (as so added) the
following:
``(C) Notwithstanding any other provision of this paragraph, in the
case of a secure annuity employee, the applicable percentage under this
paragraph shall--
``(i) in the case of a secure annuity employee who is an
employee, Congressional employee, or Member, be equal to 10.2
percent; and
``(ii) in the case of a secure annuity employee who is a
law enforcement officer, firefighter, member of the Capitol
Police, member of the Supreme Court Police, air traffic
controller, nuclear materials courier, or customs and border
protection officer, be equal to 10.7 percent.''.
(c) Average Pay.--Section 8401(3) of title 5, United States Code,
is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding ``except that'' after the semicolon; and
(3) by adding at the end the following:
``(B) in the case of a secure annuity employee, the term
`average pay' has the meaning determined applying subparagraph
(A)--
``(i) by substituting `5 consecutive years' for `3
consecutive years'; and
``(ii) by substituting `5 years' for `3 years'.''.
(d) Computation of Basic Annuity.--Section 8415 of title 5, United
States Code, is amended--
(1) by striking subsections (a) through (e) and inserting
the following:
``(a) Except as otherwise provided in this section, the annuity of
an employee retiring under this subchapter is--
``(1) in the case of an employee other than a secure
annuity employee, 1 percent of that individual's average pay
multiplied by such individual's total service; and
``(2) in the case of an employee who is a secure annuity
employee, 0.7 percent of that individual's average pay
multiplied by such individual's total service.
``(b)(1) The annuity of a Member, or former Member with title to a
Member annuity, retiring under this subchapter is computed under
subsection (a)(1), except that if the individual has had at least 5
years of service as a Member or Congressional employee, or any
combination thereof, so much of the annuity as is computed with respect
to either such type of service (or a combination thereof), not
exceeding a total of 20 years, shall be computed by multiplying 1.7
percent of the individual's average pay by the years of such service.
``(2) The annuity of a Member, or former Member with title to a
Member annuity, retiring under this subchapter is, if the individual is
or was a secure annuity employee, computed--
``(A) under subsection (a)(2); and
``(B) disregarding paragraph (1) of this subsection.
``(c)(1) The annuity of a Congressional employee, or former
Congressional employee, retiring under this subchapter is computed
under subsection (a)(1), except that if the individual has had at least
5 years of service as a Congressional employee or Member, or any
combination thereof, so much of the annuity as is computed with respect
to either such type of service (or a combination thereof), not
exceeding a total of 20 years, shall be computed by multiplying 1.7
percent of the individual's average pay by the years of such service.
``(2) The annuity of a Congressional employee, or former
Congressional employee, retiring under this subchapter is, if the
individual is or was a secure annuity employee, computed--
``(A) under subsection (a)(2); and
``(B) disregarding paragraph (1) of this subsection.
``(d) The annuity of an employee retiring under subsection (d) or
(e) of section 8412 or under subsection (a), (b), or (c) of section
8425 is--
``(1) in the case of an individual other than a secure
annuity employee--
``(A) 1.7 percent of that individual's average pay
multiplied by so much of such individual's total
service as does not exceed 20 years; plus
``(B) 1 percent of that individual's average pay
multiplied by so much of such individual's total
service as exceeds 20 years; and
``(2) in the case of an individual who is a secure annuity
employee--
``(A) 1.4 percent of that individual's average pay
multiplied by so much of such individual's total
service as does not exceed 20 years; plus
``(B) 0.7 percent of that individual's average pay
multiplied by so much of such individual's total
service as exceeds 20 years.
``(e) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed under
subsection (a)(1), except that if the individual has had at least 5
years of service as an air traffic controller as defined by section
2109(1)(A)(i), so much of the annuity as is computed with respect to
such type of service shall be computed--
``(1) in the case of an individual other than a secure
annuity employee, by multiplying 1.7 percent of the
individual's average pay by the years of such service; and
``(2) in the case of an individual who is a secure annuity
employee, by multiplying 1.4 percent of the individual's
average pay by the years of such service.''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)''; and
(B) in paragraph (2), in the matter following
subparagraph (B), by striking ``or customs and border
protection officer'' and inserting ``customs and border
protection officer, or secure annuity employee.''.
SEC. 4. ANNUITY SUPPLEMENT.
Section 8421(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)'';
(2) in paragraph (2), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''; and
(3) by adding at the end the following:
``(4)(A) Except as provided in subparagraph (B), no annuity
supplement under this section shall be payable in the case of an
individual whose entitlement to annuity is based on such individual's
separation from service after December 31, 2012.
``(B) Nothing in this paragraph applies in the case of an
individual separating under subsection (d) or (e) of section 8412.''.
SEC. 5. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAYMENTS FOR ACCRUED OR
ACCUMULATED LEAVE.
(a) Amendments Relating to CSRS.--Section 8351(b) of title 5,
United States Code, is amended--
(1) by striking paragraph (2)(A) and inserting the
following:
``(2)(A) An employee or Member may contribute to the Thrift Savings
Fund in any pay period any amount of such employee's or Member's basic
pay for such pay period, and may contribute (by direct transfer to the
Fund) any part of any payment that the employee or Member receives for
accumulated and accrued annual or vacation leave under section 5551 or
5552. Notwithstanding section 2105(e), in this paragraph the term
`employee' includes an employee of the United States Postal Service or
of the Postal Regulatory Commission.'';
(2) by striking subparagraph (B) of paragraph (2); and
(3) by redesignating subparagraph (C) of paragraph (2) as
subparagraph (B).
(b) Amendments Relating to FERS.--Section 8432(a) of title 5,
United States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) An employee or Member--
``(A) may contribute to the Thrift Savings Fund in any pay
period, pursuant to an election under subsection (b), any
amount of such employee's or Member's basic pay for such pay
period; and
``(B) may contribute (by direct transfer to the Fund) any
part of any payment that the employee or Member receives for
accumulated and accrued annual or vacation leave under section
5551 or 5552.
``(2) Contributions made under paragraph (1)(A) pursuant to an
election under subsection (b) shall, with respect to each pay period
for which such election remains in effect, be made in accordance with a
program of regular contributions provided in regulations prescribed by
the Executive Director.''; and
(2) by adding at the end the following new paragraph:
``(4) Notwithstanding section 2105(e), in this subsection the term
`employee' includes an employee of the United States Postal Service or
of the Postal Regulatory Commission.''.
(c) Regulations.--The Executive Director of the Federal Retirement
Thrift Investment Board shall promulgate regulations to carry out the
amendments made by this section.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect one year after the date of the enactment of this
section, or upon such earlier date as may be established by the
Executive Director of the Federal Retirement Thrift Investment Board
under the regulations promulgated pursuant to subsection (c).
SEC. 6. COORDINATION WITH OTHER RETIREMENT SYSTEMS.
(a) Foreign Service.--For provisions of law requiring maintenance
of existing conformity--
(1) between the Civil Service Retirement System and the
Foreign Service Retirement System, and
(2) between the Federal Employees' Retirement System and
the Foreign Service Pension System,
see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067).
(b) CIARDS.--
(1) Compatibility with csrs.--For provisions of law
relating to maintenance of existing conformity between the
Civil Service Retirement System and the Central Intelligence
Agency Retirement and Disability System, see section 292 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2141).
(2) Applicability of fers.--For provisions of law providing
for the application of the Federal Employees' Retirement System
with respect to employees of the Central Intelligence Agency,
see title III of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2151 and following).
(c) TVA.--Section 3 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831b) is amended by adding at the end the following:
``(c) The chief executive officer shall prescribe any regulations
which may be necessary in order to carry out the purposes of the
Securing Annuities for Federal Employees Act of 2012 with respect to
any defined benefit plan covering employees of the Tennessee Valley
Authority.''. | Securing Annuities for Federal Employees Act of 2012 - Increases the employee contribution to the Civil Service Retirement System (CSRS) and to the Federal Employees Retirement System (FERS) by .5% of salary in each of calendar years 2013, 2014, and 2015. Reduces the employer contribution to CSRS and FERS by the amount of the increased employee contribution.
Establishes new annuity computation rules for federal employees and Members of Congress who begin service after December 31, 2012, and who have less than five years of civilian service creditable under CSRS or any other retirement system for federal employees (secure annuity employees). Increases the employee contribution for secure annuity employees and calculates annuities for such employees based upon the average of their highest five years of salary (for current federal employees, the calculation is based on the highest three years of salary).
Eliminates the FERS annuity supplement for employees not subject to mandatory retirement who separate from service after December 31, 2012.
Allows federal employees, including employees of the U.S. Postal Service (USPS) and the Postal Regulatory Commission (PRC), and Members of Congress, to contribute payments received for accumulated and accrued annual or vacation leave to the Thrift Savings Fund. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to secure the annuities of Federal civilian employees, and for other purposes."} | 3,499 | 269 | 0.539733 | 1.473435 | 0.772395 | 2.41048 | 13.908297 | 0.803493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``__________ Act of 2008''.
SEC. 2. ESTABLISHMENT OF COMMISSION ON THE CONFLICT BETWEEN RUSSIA AND
GEORGIA.
There is established the Commission on the Conflict between Russia
and Georgia (in this Act referred to as the ``Commission'').
SEC. 3. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) to examine the causes of the conflict between Russia
and Georgia that began on August 7, 2008; and
(2) make recommendations with respect to the policies of
the United States toward Russia, Georgia, and other countries
in the region.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9 members, of
whom--
(1) 1 member shall be appointed by the majority leader of
the Senate, with the concurrence of the Speaker of the House of
Representatives, who shall serve as chair of the Commission;
(2) 2 members shall be appointed by the majority leader of
the Senate;
(3) 2 members shall be appointed by the minority leader of
the Senate;
(4) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(5) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--It is the sense of Congress that individuals
appointed to the Commission should be prominent United States citizens,
with significant depth of experience in the field of foreign relations
and with expertise regarding relations between Russia and Georgia.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed within 90 days of the date of the enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable after the 90-day
period described in subsection (c). After its initial meeting, the
Commission shall meet upon the call of the chair or a majority of its
members.
(e) Quorum; Vacancies.--Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 5. RESPONSIBILITIES OF COMMISSION.
The Commission shall--
(1) examine and determine the timeline of events since 1991
that led to the conflict between Russia and Georgia that began
on August 7, 2008;
(2) examine the policies of the Government of Russia with
respect to Georgia;
(3) examine the policies of the Government of Georgia with
respect to the regions of South Ossetia and Abkhazia;
(4) evaluate the role of the North Atlantic Treaty
Organization and the April 2008 Bucharest Summit in the
development of the conflict between Russia and Georgia;
(5) examine and evaluate the policies of the United States
with respect to Russia and Georgia in the context of the
conflict, including--
(A) any communications by officials of the United
States to the Government of Russia; and
(B) any communications by officials of the United
States to the Government of Georgia;
(6) review the role of peacekeepers from Russia in South
Ossetia and the relationship between Georgia and the
peacekeepers;
(7) review and evaluate the training and preparedness of
the militaries of Russia and Georgia, including--
(A) any focus in the training of the military of
Russia with respect to Georgia; and
(B) any focus in the training of the military of
Georgia with respect to Russia;
(8) review and evaluate allegations of genocide and ethnic
cleansing during the conflict; and
(9) make recommendations with respect to the policies of
the United States with respect to Russia, Georgia, and other
countries in the region in the context of the conflict between
Russia and Georgia.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act, hold such hearings and sit and act at
such times and places, take such testimony, receive such evidence, and
administer such oaths as the Commission, subcommittee, or member, as
the case may be, may determine advisable.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of the
Commission, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable
the Commission to carry out its functions, without regard to--
(A) the provisions of title 5, United States Code,
governing appointments in the competitive service; or
(B) the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of
pay fixed under this subsection may exceed the rate of
pay for a position at level V of the Executive Schedule
under section 5316 of such title.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
employees of the Commission shall be employees under
section 2105 of title 5, United States Code, for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
of such title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(3) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of the detailee's regular employment without
interruption.
(4) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, at rates not to exceed the
daily rate of pay for a position at level IV of the Executive
Schedule under section 5315 of such title.
(5) Emphasis on security clearances.--Emphasis shall be
made to hire employees and retain contractors and detailees
with active security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics to carry out the purposes of this
Act. Each department, bureau, agency, board, commission,
office, independent establishment, or instrumentality shall, to
the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall be received, handled, stored, and
disseminated only by members of the Commission and its staff
consistent with all applicable laws, regulations, and executive
orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 8. PUBLIC MEETINGS AND HEARINGS; AVAILABILITY OF REPORTS.
(a) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required under
section 9.
(b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable law, regulation, or executive order.
SEC. 9. REPORT.
Not later than 180 days after the appointment of the Commission,
the Commission shall submit to the President and Congress a final
report containing such findings, conclusions, and recommendations as
have been agreed to by a majority of Commission members.
SEC. 10. TERMINATION.
(a) In General.--The Commission, and the provisions of this Act,
shall terminate on the date that is 60 days after the date on which the
final report is submitted under section 9.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its report and disseminating the
final report.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary for the purposes of the activities of the
Commission under this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | Establishes the Commission on the Conflict between Russia and Georgia, which shall: (1) examine the causes of the conflict between Russia and Georgia that began in August 2008; and (2) make U.S. policy recommendations with respect to Russia, Georgia, and other countries in the region.
Terminates the Commission 60 days after submission of a final report required under this Act. | {"src": "billsum_train", "title": "A bill to establish a Commission on the conflict between Russia and Georgia, and for other purposes."} | 2,182 | 75 | 0.623444 | 1.610995 | 1.106382 | 4.055556 | 28.097222 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Sentencing Act of 2010''.
SEC. 2. COCAINE SENTENCING DISPARITY REDUCTION.
(a) CSA.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``50 grams'' and
inserting ``280 grams''; and
(2) in subparagraph (B)(iii), by striking ``5 grams'' and
inserting ``28 grams''.
(b) Import and Export Act.--Section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(C), by striking ``50 grams'' and inserting
``280 grams''; and
(2) in paragraph (2)(C), by striking ``5 grams'' and inserting
``28 grams''.
SEC. 3. ELIMINATION OF MANDATORY MINIMUM SENTENCE FOR SIMPLE
POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by striking the sentence beginning ``Notwithstanding the
preceding sentence,''.
SEC. 4. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS.
(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(1) in subparagraph (A), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and inserting
``$10,000,000'', ``$50,000,000'', ``$20,000,000'', and
``$75,000,000'', respectively; and
(2) in subparagraph (B), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and inserting
``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
(b) Increased Penalties for Importation and Exportation.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and inserting
``$10,000,000'', ``$50,000,000'', ``$20,000,000'', and
``$75,000,000'', respectively; and
(2) in paragraph (2), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and inserting
``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG
TRAFFICKING OFFENSE.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines to ensure that the guidelines
provide an additional penalty increase of at least 2 offense levels if
the defendant used violence, made a credible threat to use violence, or
directed the use of violence during a drug trafficking offense.
SEC. 6. INCREASED EMPHASIS ON DEFENDANT'S ROLE AND CERTAIN AGGRAVATING
FACTORS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines to ensure an additional
increase of at least 2 offense levels if--
(1) the defendant bribed, or attempted to bribe, a Federal,
State, or local law enforcement official in connection with a drug
trafficking offense;
(2) the defendant maintained an establishment for the
manufacture or distribution of a controlled substance, as generally
described in section 416 of the Controlled Substances Act (21
U.S.C. 856); or
(3)(A) the defendant is an organizer, leader, manager, or
supervisor of drug trafficking activity subject to an aggravating
role enhancement under the guidelines; and
(B) the offense involved 1 or more of the following super-
aggravating factors:
(i) The defendant--
(I) used another person to purchase, sell, transport,
or store controlled substances;
(II) used impulse, fear, friendship, affection, or some
combination thereof to involve such person in the offense;
and
(III) such person had a minimum knowledge of the
illegal enterprise and was to receive little or no
compensation from the illegal transaction.
(ii) The defendant--
(I) knowingly distributed a controlled substance to a
person under the age of 18 years, a person over the age of
64 years, or a pregnant individual;
(II) knowingly involved a person under the age of 18
years, a person over the age of 64 years, or a pregnant
individual in drug trafficking;
(III) knowingly distributed a controlled substance to
an individual who was unusually vulnerable due to physical
or mental condition, or who was particularly susceptible to
criminal conduct; or
(IV) knowingly involved an individual who was unusually
vulnerable due to physical or mental condition, or who was
particularly susceptible to criminal conduct, in the
offense.
(iii) The defendant was involved in the importation into
the United States of a controlled substance.
(iv) The defendant engaged in witness intimidation,
tampered with or destroyed evidence, or otherwise obstructed
justice in connection with the investigation or prosecution of
the offense.
(v) The defendant committed the drug trafficking offense as
part of a pattern of criminal conduct engaged in as a
livelihood.
SEC. 7. INCREASED EMPHASIS ON DEFENDANT'S ROLE AND CERTAIN MITIGATING
FACTORS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the Federal sentencing guidelines and policy statements to ensure
that--
(1) if the defendant is subject to a minimal role adjustment
under the guidelines, the base offense level for the defendant
based solely on drug quantity shall not exceed level 32; and
(2) there is an additional reduction of 2 offense levels if the
defendant--
(A) otherwise qualifies for a minimal role adjustment under
the guidelines and had a minimum knowledge of the illegal
enterprise;
(B) was to receive no monetary compensation from the
illegal transaction; and
(C) was motivated by an intimate or familial relationship
or by threats or fear when the defendant was otherwise unlikely
to commit such an offense.
SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
The United States Sentencing Commission shall--
(1) promulgate the guidelines, policy statements, or amendments
provided for in this Act as soon as practicable, and in any event
not later than 90 days after the date of enactment of this Act, in
accordance with the procedure set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though the
authority under that Act had not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and applicable
law.
SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report analyzing the effectiveness of drug court programs
receiving funds under the drug court grant program under part EE of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797-u et seq.).
(b) Contents.--The report submitted under subsection (a) shall--
(1) assess the efforts of the Department of Justice to collect
data on the performance of federally funded drug courts;
(2) address the effect of drug courts on recidivism and
substance abuse rates;
(3) address any cost benefits resulting from the use of drug
courts as alternatives to incarceration;
(4) assess the response of the Department of Justice to
previous recommendations made by the Comptroller General regarding
drug court programs; and
(5) make recommendations concerning the performance, impact,
and cost-effectiveness of federally funded drug court programs.
SEC. 10. UNITED STATES SENTENCING COMMISSION REPORT ON IMPACT OF
CHANGES TO FEDERAL COCAINE SENTENCING LAW.
Not later than 5 years after the date of enactment of this Act, the
United States Sentencing Commission, pursuant to the authority under
sections 994 and 995 of title 28, United States Code, and the
responsibility of the United States Sentencing Commission to advise
Congress on sentencing policy under section 995(a)(20) of title 28,
United States Code, shall study and submit to Congress a report
regarding the impact of the changes in Federal sentencing law under
this Act and the amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. | {"src": "billsum_train", "title": "A bill to restore fairness to Federal cocaine sentencing."} | 2,266 | 283 | 0.496068 | 1.345605 | 0.644574 | 2.978814 | 7.978814 | 0.860169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Telephone Connection
Protection Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) The telephone is the primary method by which
individuals correspond and maintain contact with family members
who are incarcerated in correctional institutions.
(2) Except for emergency purposes, family members are not
allowed to call people incarcerated in correctional
institutions; incarcerated persons are typically allowed to
call family members and other pre-approved individuals only
through payphones physically located on the premises of
correctional institutions.
(3) Inmate telephone service in correctional institutions
often is limited to collect calling.
(4) Regardless of whether the prisoners' calls are placed
collect or through a debit account, the prisoners' family
members typically pay for the calls, either through their
telephone bills, in the case of collect calls received from
prisoners, or by making deposits directly into prisoners' debit
accounts.
(5) Innocent citizens are paying excessive telephone
charges simply due to having a family member or loved one who
is incarcerated.
(6) The rates for calls from correctional institutions are
some of the highest rates in the United States, with some per-
minute charges reaching $1 and service or connection charges of
$3.95 per call.
(7) Information compiled by the Congress and the Federal
Communications Commission shows that the high rates are due in
part to the lack of competition between telephone companies
that provide long distance inmate telephone service to
correctional institutions.
(8) There are no competitive forces providing incentives
for those carriers to lower prices or operate efficiently
because, unlike the mass market, only one carrier is typically
permitted to provide long distance inmate telephone service
within each correctional institution.
(9) High calling rates also are due in part to commissions
that carriers pay to correctional institution administrators
for the exclusive right to provide long distance inmate
telephone service in a correctional facility. In some cases,
such commissions account for 50 percent or more of the total
charges.
(10) The collection of such commissions by correctional
institution administrators and state departments of correction
based upon interstate telecommunications revenues is a burden
on interstate commerce.
(11) Due to the lack of competition for telephone services
within correctional institutions, families of people in prison,
many of whom have low incomes, cannot choose the long distance
carrier with the lowest calling rates and must pay the
excessive rates charged by the carrier having the exclusive
right to provide long distance service to the correctional
institution from which the call originates.
(12) It is the policy of the United States to ensure that
all Americans are afforded just and reasonable communications
services, including those families that pay rates for inmate
telephone service.
(13) It is clear from various studies that maintaining
frequent and meaningful communications between people who are
incarcerated and family members is key to the successful social
reintegration of formerly incarcerated individuals. Such
contact reduces recidivism and facilitates rehabilitation,
which in turn reduces crime and the future costs of
imprisonment.
(14) Frequent communications between incarcerated persons
and family members is burdened, and in some cases, prevented,
by excessive inmate telephone service rates. Excessive inmate
telephone service rates thus weaken the family and community
ties that are necessary for successful reentry into society by
persons who were formerly incarcerated and the reduction in
crime resulting from successful reentry.
(15) The Commission has the expertise and authority to
regulate inmate telephone service. Because parties to
Commission rulemaking proceedings have raised issues regarding
its authority to implement meaningful relief for excessive
inmate telephone service rates, Congress finds it necessary and
appropriate to reaffirm that the Commission has the authority
to implement the types of relief set forth in this Act.
SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE SERVICE.
(a) Definitions.--Section 226(a) of the Communications Act of 1934
(47 U.S.C. 226(a)) is amended adding at the end the following new
paragraphs:
``(10) The term `collect' or `collect call' refers to a
telephone call from a person incarcerated in a correctional
institution that is billed to the subscriber receiving the
call.
``(11) The term `commission' refers to a fee or other
payment by a provider of inmate telephone service to an
administrator of a correctional institution, department of
correction, or similar entity, based upon, or partly upon,
inmate telephone service revenue.
``(12) The term `debit account' refers to the payment of
inmate telephone service through a prisoner's prepaid card or
other account, which can be accessed only through an access
code, personal identification number, or similar identifier.
``(13) The term `inmate telephone service' includes the
provision of telephone service enabling persons incarcerated in
correctional institutions to originate interstate calls at
payphones or other telephones that are designated for
prisoners' personal use, regardless of whether the calls are
collect, paid through a debit account, or paid through any
other means.
``(14) The term `provider of inmate telephone service'
means any common carrier that provides inmate telephone service
or any other person determined by the Commission to be
providing inmate telephone service.''.
(b) Regulations.--Section 226 is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) inserting after subsection (h) the following new
subsections:
``(i) Regulation of Inmate Telephone Service.--
``(1) Rates.--In order to ensure that charges for inmate
telephone service are just, reasonable, and nondiscriminatory,
the Commission shall consider, either in a rulemaking
proceeding that is pending as of the date of enactment of the
Family Telephone Connection Protection Act of 2005 or in a new
rulemaking proceeding, the following types of regulation of
inmate telephone service, all of which are within the
Commission's jurisdiction and authority:
``(A) prescribing a maximum uniform per-minute
compensation rate;
``(B) prescribing a maximum uniform service
connection or other per-call compensation rate;
``(C) prescribing variable maximum compensation
rates depending on such factors as carrier costs, the
size of the correctional facility served, and other
relevant factors identified by the Commission;
``(D) requiring providers of inmate telephone
service to offer both collect calling and debit account
services;
``(E) prohibiting the payment of commissions by
providers of inmate telephone service to administrators
of correctional institutions, departments of
correction, and similar entities; and
``(F) requiring administrators of correctional
institutions, departments of correction, and similar
entities to allow more than one provider of inmate
telephone service to provide interstate inmate
telephone service at a correctional institution in
order that prisoners have a choice of such providers.
``(2) Scope.--The regulations adopted by the Commission
shall be technologically neutral and shall not jeopardize
legitimate security and penelogical interests. To the extent
the Commission regulations reduce or eliminate the revenue
derived by administrators of correctional institutions,
departments of correction, and similar entities from the
receipt of commissions, such effects of Commission regulations
shall not be considered as jeopardizing or otherwise affecting
legitimate security or penelogical interests.
``(3) Deadlines and periodic review.--The Commission shall
prescribe regulations to implement the provisions of this
subsection within one year after the date of enactment of the
Family Telephone Connection Protection Act of 2005. The
Commission shall review, on a triennial basis, the regulations
promulgated under this subsection, including whether any
Commission-established compensation rates should be modified.
``(4) State preemption.--To the extent that any State
requirements are inconsistent with the Commission's regulations
affecting or pertaining to interstate inmate telephone service,
including restrictions on the payment of commissions based upon
interstate inmate telephone service revenues or earnings, the
Commission's regulations on such matters shall preempt such
State requirements.
``(j) Inmate Telephone Service Fully Subject to Sections 251 and
252.--
``(1) Inmate telephone service is fully subject to the
requirements of sections 251 and 252 of this Act.
``(2) No provider of inmate telephone service may block or
otherwise refuse to carry a call placed by an incarcerated
person on the grounds that the provider has no contractual or
other arrangement with the local exchange carrier serving the
intended recipient of the call or other common carrier involved
in any portion of the transmission of the call.''. | Family Telephone Connection Protection Act of 2005 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to consider the following types of regulation of inmate telephone service: (1) prescribing a maximum uniform per-minute rate (paid to telephone service providers); (2) prescribing a maximum uniform service connection or other per-call rate; (3) prescribing variable maximum rates depending on factors such as carrier costs or the size of the correctional facility; (4) requiring providers of inmate telephone service to offer both collect calling and debit account services; (5) prohibiting the payment of commissions by such providers to administrators of correctional facilities; and (6) requiring such administrators to allow more than one service provider at a facility so that prisoners have a choice. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to require the Federal Communications Commission to prescribe rules regulating inmate telephone service rates."} | 1,871 | 165 | 0.594721 | 1.735511 | 0.662321 | 3.914474 | 11.592105 | 0.967105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Reporting and Disclosure
Act of 1998''.
SEC. 2. EXPEDITING REPORTING OF INFORMATION.
(a) Requiring Reports for Contributions and Expenditures Made
Within 90 Days of Election to be Filed Within 24 Hours and Posted on
Internet.--
(1) In general.--Section 304(a)(6) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended to read as
follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received and expenditure made by the committee during
the period which begins on the 90th day before an election and ends at
the time the polls close for such election. This notification shall be
made within 24 hours (or, if earlier, by midnight of the day on which
the contribution is deposited) after the receipt of such contribution
or the making of such expenditure and shall include the name of the
candidate involved (as appropriate) and the office sought by the
candidate, the identification of the contributor or the person to whom
the expenditure is made, and the date of receipt and amount of the
contribution or the date of disbursement and amount of the expenditure.
``(B) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.
``(C) The Commission shall make the information filed under this
paragraph available on the Internet immediately upon receipt.''.
(2) Internet defined.--Section 301(19) of such Act (2
U.S.C. 431(19)) is amended to read as follows:
``(19) The term `Internet' means the international computer network
of both Federal and non-Federal interoperable packet-switched data
networks.''.
(b) Requiring Reports of Certain Filers to be Transmitted
Electronically; Certification of Private Sector Software.--Section
304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) is amended by
striking the period at the end and inserting the following: ``, except
that in the case of a report submitted by a person who reports an
aggregate amount of contributions or expenditures (as the case may be)
in all reports filed with respect to the election involved (taking into
account the period covered by the report) in an amount equal to or
greater than $50,000, the Commission shall require the report to be
filed and preserved by such means, format, or method. The Commission
shall certify (on an ongoing basis) private sector computer software
which may be used for filing reports by such means, format, or
method.''.
(c) Change in Certain Reporting From a Calendar Year Basis to an
Election Cycle Basis.--Section 304(b) of such Act (2 U.S.C. 434(b)) is
amended by inserting ``(or election cycle, in the case of an authorized
committee of a candidate for Federal office)'' after ``calendar year''
each place it appears in paragraphs (2), (3), (4), (6), and (7).
SEC. 3. EXPANSION OF TYPE OF INFORMATION REPORTED.
(a) Requiring Record Keeping and Report of Secondary Payments by
Campaign Committees.--
(1) Reporting.--Section 304(b)(5)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is
amended by striking the semicolon at the end and inserting the
following: ``, and, if such person in turn makes expenditures
which aggregate $500 or more in an election cycle to other
persons (not including employees) who provide goods or services
to the candidate or the candidate's authorized committees, the
name and address of such other persons, together with the date,
amount, and purpose of such expenditures;''.
(2) Record keeping.--Section 302 of such Act (2 U.S.C. 432)
is amended by adding at the end the following new subsection:
``(j) A person described in section 304(b)(5)(A) who makes
expenditures which aggregate $500 or more in an election cycle to other
persons (not including employees) who provide goods or services to a
candidate or a candidate's authorized committees shall provide to a
political committee the information necessary to enable the committee
to report the information described in such section.''.
(3) No effect on other reports.--Nothing in the amendments
made by this subsection may be construed to affect the terms of
any other recordkeeping or reporting requirements applicable to
candidates or political committees under title III of the
Federal Election Campaign Act of 1971.
(b) Including Report on Cumulative Contributions and Expenditures
in Post Election Reports.--Section 304(a)(7) of such Act (2 U.S.C.
434(a)(7)) is amended--
(1) by striking ``(7)'' and inserting ``(7)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) In the case of any report required to be filed by this
subsection which is the first report required to be filed after the
date of an election, the report shall include a statement of the total
contributions received and expenditures made as of the date of the
election.''.
(c) Including Information on Aggregate Contributions in Report on
Itemized Contributions.--Section 304(b)(3) of such Act (2 U.S.C.
434(b)(3)) is amended--
(1) in subparagraph (A), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such person with respect to the
election involved''; and
(2) in subparagraph (B), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such committee with respect to the
election involved''.
SEC. 4. PROMOTING EFFECTIVE ENFORCEMENT BY FEDERAL ELECTION COMMISSION.
(a) Requiring FEC to Provide Written Responses to Questions.--
(1) In general.--Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting
after section 308 the following new section:
``other written responses to questions
``Sec. 308A. (a) Permitting Responses.--In addition to issuing
advisory opinions under section 308, the Commission shall issue written
responses pursuant to this section with respect to a written request
concerning the application of this Act, chapter 95 or chapter 96 of the
Internal Revenue Code of 1986, a rule or regulation prescribed by the
Commission, or an advisory opinion issued by the Commission under
section 308, with respect to a specific transaction or activity by the
person, if the Commission finds the application of the Act, chapter,
rule, regulation, or advisory opinion to the transaction or activity to
be clear and unambiguous.
``(b) Procedure for Response.--
``(1) Analysis by staff.--The staff of the Commission shall
analyze each request submitted under this section. If the staff
believes that the standard described in subsection (a) is met
with respect to the request, the staff shall circulate a
statement to that effect together with a draft response to the
request to the members of the Commission.
``(2) Issuance of response.--Upon the expiration of the 3-
day period beginning on the date the statement and draft
response is circulated (excluding weekends or holidays), the
Commission shall issue the response, unless during such period
any member of the Commission objects to issuing the response.
``(c) Effect of Response.--
``(1) Safe harbor.--Notwithstanding any other provisions of
law, any person who relies upon any provision or finding of a
written response issued under this section and who acts in good
faith in accordance with the provisions and findings of such
response shall not, as a result of any such act, be subject to
any sanction provided by this Act or by chapter 95 or chapter
96 of the Internal Revenue Code of 1986.
``(2) No reliance by other parties.--Any written response
issued by the Commission under this section may only be relied
upon by the person involved in the specific transaction or
activity with respect to which such response is issued, and may
not be applied by the Commission with respect to any other
person or used by the Commission for enforcement or regulatory
purposes.
``(d) Publication of Requests and Responses.--The Commission shall
make public any request for a written response made, and the responses
issued, under this section. In carrying out this subsection, the
Commission may not make public the identity of any person submitting a
request for a written response unless the person specifically
authorizes to Commission to do so.
``(e) Compilation of Index.--The Commission shall compile, publish,
and regularly update a complete and detailed index of the responses
issued under this section through which responses may be found on the
basis of the subjects included in the responses.''.
(2) Conforming amendment.--Section 307(a)(7) of such Act (2
U.S.C. 437d(a)(7)) is amended by striking ``of this Act'' and
inserting ``and other written responses under section 308A''.
(b) Standard for Initiation of Actions by FEC.--Section 309(a)(2)
of such Act (2 U.S.C. 437g(a)(2)) is amended by striking ``it has
reason to believe'' and all that follows through ``of 1954,'' and
inserting the following: ``it has a reason to investigate a possible
violation of this Act or of chapter 95 or chapter 96 of the Internal
Revenue Code of 1986 that has occurred or is about to occur (based on
the same criteria applicable under this paragraph prior to the
enactment of the Campaign Reform and Election Integrity Act of
1998),''.
(c) Standard Form for Complaints; Stronger Disclaimer Language.--
(1) Standard form.--Section 309(a)(1) of such Act (2 U.S.C.
437g(a)(1)) is amended by inserting after ``shall be
notarized,'' the following: ``shall be in a standard form
prescribed by the Commission, shall not include (but may refer
to) extraneous materials,''.
(2) Disclaimer language.--Section 309(a)(1) of such Act (2
U.S.C. 437g(a)(1)) is amended--
(A) by striking ``(a)(1)'' and inserting
``(a)(1)(A)''; and
(B) by adding at the end the following new
subparagraph:
``(B) The written notice of a complaint provided by the Commission
under subparagraph (A) to a person alleged to have committed a
violation referred to in the complaint shall include a cover letter (in
a form prescribed by the Commission) and the following statement: `The
enclosed complaint has been filed against you with the Federal Election
Commission. The Commission has not verified or given official sanction
to the complaint. The Commission will make no decision to pursue the
complaint for a period of at least 15 days from your receipt of this
complaint. You may, if you wish, submit a written statement to the
Commission explaining why the Commission should take no action against
you based on this complaint. If the Commission should decide to
investigate, you will be notified and be given further opportunity to
respond.'''.
SEC. 5. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER THAN $100.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) No candidate or political committee may accept any
contributions of currency of the United States or currency of any
foreign country from any person which, in the aggregate, exceed
$100.''.
SEC. 6. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply with respect to elections
occurring after January 1999.
Passed the House of Representatives March 30, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Campaign Reporting and Disclosure Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require each political committee to notify the Federal Election Commission or the Secretary of the Senate, and the Secretary of State, as appropriate, in writing, of any contribution received and expenditure made by the committee within 90 days of an election. Requires the notification to be made within 24 hours after the receipt of such contribution or the making of such expenditure and to include the name of the candidate involved, the office sought by the candidate, the identification of the contributor or the person to whom the expenditure is made, and the date of receipt and the amount of the contribution or the date of disbursement and the amount of the expenditure. Requires the Commission to make such filed information available on the Internet immediately upon receipt.
Revises FECA reporting requirements to: (1) require reports submitted by persons who report contributions or expenditures in all reports filed in the election involved (taking into account the period covered by the report) in an amount equal to or greater than $50,000 to be filed electronically; and (2) change certain reporting from a calendar year basis to an election cycle basis. Requires that a political committee report expenditures made for personal and consulting services by certain individuals other than employees and prescribes that such individuals maintain records of such services and report the information to the political committee.
Provides for the first report required to be filed after an election by political committees to include a statement of the total contributions received and expenditures made as of the date of the election.
Requires FECA reports on itemized contributions made by persons or political committees to include information on the total amount of all such contributions made by such person or committee in the election involved.
Requires the Commission, in addition to issuing advisory opinions with respect to a specific transaction or activity by a person, to provide written responses to questions concerning the application of FECA, the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, a rule or regulation, or an advisory opinion of the Commission with respect to the transaction or activity by the person if the Commission finds the application of the Act, chapter, rule, regulation, or advisory opinion to the transaction or activity to be clear and unambiguous. Sets forth a "safe harbor" rule.
Directs the Commission to: (1) make public any request for a written response made, and the responses issued, but may not make public the identity of any person submitting a request for a written response unless the person specifically authorizes the Commission to do so; and (2) compile, publish, and regularly update a complete and detailed index of the responses issued.
Prohibits acceptance by candidates and political committees of U.S. and foreign cash contributions greater than $100. | {"src": "billsum_train", "title": "Campaign Reporting and Disclosure Act of 1998"} | 2,801 | 595 | 0.651 | 2.173202 | 0.803872 | 5.463504 | 4.448905 | 0.927007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2007''.
SEC. 2. BEACH WATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.
(a) In General.--Section 406 of the Federal Water Pollution Control
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d),
(g), and (h) by striking ``monitoring and notification'' each place it
appears and inserting ``monitoring, public notification, source
tracking, sanitary surveys, and prevention efforts to address the
identified sources of beachwater pollution''.
(b) Authorization of Appropriations.--Section 406(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking
``$30,000,000 for each of fiscal years 2001 through 2005'' and
inserting ``$60,000,000 for each of fiscal years 2007 through 2012''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and
inserting ``2012''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all
environmental agencies of the State with authority to prevent or treat
sources of beachwater pollution'' after ``public''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid
testing method after the last day of the 1-year period following the
date of approval of the rapid testing method by the Administrator''
before the semicolon at the end.
(b) Revised Criteria.--Section 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
(1) by inserting ``rapid'' before ``testing''; and
(2) by striking ``, as appropriate''.
(c) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(25) Rapid testing method.--The term `rapid testing
method' means a method of testing for which results are
available within 2 hours.''.
SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``prompt communication'' and inserting ``communication within
24 hours of the receipt of the results of a water quality
sample'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(4) by adding at the end the following:
``(C) all agencies of the State government with
authority to require the prevention or treatment of the
sources of beachwater pollution;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon;
(3) by adding at the end the following:
``(8) measures to develop and implement a beachwater
pollution source identification and tracking program for the
coastal recreation waters that are not meeting applicable water
quality standards for pathogens;
``(9) a publicly accessible and searchable global
information system database with information updated within 24
hours of the availability of the information, organized by
beach and with defined standards, sampling plan, monitoring
protocols, sampling results, and number and cause of beach
closing and advisory days; and
``(10) measures to ensure that closures or advisories are
made or issued within 24 hours after the State government
determines that any coastal recreation waters in the State are
not meeting or are not expected to meet applicable water
quality standards for pathogens.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(3) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of the
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on or before December
31 of the calendar year.
``(3) Corrective action.--
``(A) In general.--Any State or local government
that the Administrator notifies under paragraph (2)
that the State or local government is not in compliance
with any requirement or grant condition described in
paragraph (2) shall take such action as is necessary to
comply with the requirement or condition by not later
than 1 year after the date of the notification.
``(B) Noncompliance.--If the State or local
government is not in compliance with such a requirement
or condition by the date that is 1 year after the
deadline specified in subparagraph (A), any grants made
under subsection (b) to the State or local government,
after the last day of the 1-year period and while the
State or local government is not in compliance with all
requirements and grant conditions described in
paragraph (2), shall require a Federal share of not to
exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General of the United States shall--
``(A) conduct a review of the activities of the
Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that
date of enactment; and
``(B) submit to Congress a report on the results of
the review.''. | Beach Protection Act of 2007 - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Authorizes appropriations for such grants for FY2007-FY2012.
Requires grant recipients to identify: (1) the use of a rapid testing method; (2) measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials and all state agencies with authority to require the prevention or treatment of the sources of beach water pollution; (3) measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; (4) a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and (5) measures to ensure that closures or advisories are made or issued within 24 hours after a state government determines that its coastal recreation waters are not meeting applicable water quality standards for pathogens.
Sets forth provisions requiring: (1) a review by the Environmental Protection Agency (EPA) Administrator of state and local compliance with statutory and regulatory requirements and grant conditions; (2) corrective actions by such governments not in compliance; and (3) a review by the Comptroller General such compliance review and corrective action.
Amends the Beaches Environmental Assessment and Coastal Health Act of 2000 to authorize appropriations to carry out such Act through FY2012. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes."} | 1,650 | 361 | 0.533835 | 1.545803 | 0.738748 | 4.184848 | 4.330303 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Exempt Hospitals Responsibility
Act of 2006''.
SEC. 2. REQUIRED POLICIES AND PROCEDURES OF SPECIFIED MEDICAL CARE
PROVIDERS.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
(relating to exemption from tax on corporations, certain trusts, etc.)
is amended--
(1) by redesignating subsection (r) as subsection (s), and
(2) by inserting after subsection (q) the following new
subsection:
``(r) Policies and Procedures of Specified Medical Care
Providers.--
``(1) In general.--A specified medical care provider shall
not be treated as described in section 501(c)(3) unless such
provider has adopted, and normally operates consistently with,
policies and procedures for providing, and charging for,
specified medically necessary care to low-income uninsured
individuals consistent with the requirements of subchapter H of
chapter 42.
``(2) Denial of deduction.--No deduction shall be allowed
under any provision of this title, including sections 170,
545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with
respect to any contribution to an organization which is not
described in section 501(c)(3) by reason of paragraph (1).
``(3) Definitions.--Terms used in this subsection shall
have the same meanings as when used in subchapter H of chapter
42, except that with respect to the term `specified medical
care provider' clause (i) of section 4968C(1)(A) shall not
apply.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. FAILURE BY SPECIFIED MEDICAL CARE PROVIDER TO MEET MINIMUM
CHARITY CARE REQUIREMENT.
(a) In General.--Chapter 42 of the Internal Revenue Code of 1986
(relating to private foundations and certain other tax-exempt
organizations) is amended by adding at the end the following new
subchapter:
``Subchapter H--Failure by Specified Medical Care Provider To Meet
Minimum Charity Care Requirements
``Sec. 4968. Excise tax on specified medical care provider for failure
to provide specified medically necessary
care.
``Sec. 4968A. Excise tax on specified medical care provider for
overcharging for specified medically
necessary care.
``Sec. 4968B. Excise tax on specified medical care provider for failure
to disclose charitable medical care
information and negotiated charges.
``Sec. 4968C. Definitions.
``SEC. 4968. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR FAILURE
TO PROVIDE SPECIFIED MEDICALLY NECESSARY CARE.
``If a specified medical care provider fails to provide specified
medically necessary care to a low-income uninsured individual who seeks
such care from such provider in an in-person visit, there is hereby
imposed on such provider a tax equal to $1,000 for each such failure.
``SEC. 4968A. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR
OVERCHARGING FOR SPECIFIED MEDICALLY NECESSARY CARE.
``(a) Imposition of Tax.--If a specified medical care provider
collects from a low-income uninsured individual an amount in excess of
the maximum allowed charges for specified medically necessary care
provided to such individual, there is hereby imposed a tax on such
provider in an amount equal to 3 times such excess.
``(b) Maximum Allowed Charges.--For purposes of this section, the
term `maximum allowed charges' means--
``(1) with respect to a low-income uninsured individual
whose annual household income is not more than 100 percent of
the poverty line applicable to the size of the family involved,
$25 for each visit, and
``(2) with respect to a low-income uninsured individual
whose annual household income is more than 100 percent, but not
more than 200 percent, of the poverty line applicable to the
size of the family involved, the average amount paid to the
specified medical care provider for such medical care under
contracts with private health insurers.
``SEC. 4968B. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR FAILURE
TO DISCLOSE CHARITABLE MEDICAL CARE INFORMATION AND
NEGOTIATED CHARGES.
``(a) Imposition of Tax.--If a specified medical care provider
fails to meet the requirements of subsection (b), there is hereby
imposed a tax on such provider equal to $1,000--
``(1) for each such failure with respect to a requirement
described in subsection (b)(1), and
``(2) for each day on which such failure occurred with
respect to a requirement described in subsection (b)(2).
``(b) Disclosure of Charitable Medical Care Information and Medical
Care Price Data.--
``(1) Disclosure to patients.--The requirements of this
paragraph are met if the specified medical care provider
discloses its policies with respect to providing, and charging
for, specified medically necessary care--
``(A) in the patient admission process, and
``(B) in any attempt by the provider to charge for
medical care provided, and
``(2) Disclosure to public.--The requirements of this
paragraph are met if the specified medical care provider makes
available to the public--
``(A) its policies with respect to providing, and
charging for, specified medically necessary care, and
``(B) a list of the average prices actually paid to
the provider for each procedure or service, grouped by
private health insurance, self-pay, and governmental
health programs.
``(c) Maximum Tax.--The amount of tax imposed under subsection
(a)(2) with respect to each failure shall not exceed $50,000.
``SEC. 4968C. DEFINITIONS.
``For purposes of this subchapter--
``(1) Specified medical care provider.--
``(A) In general.--The term `specified medical care
provider' means an organization which--
``(i) is described in section 501(c)(3),
``(ii) has as its principal purpose the
provision of medical or hospital care,
``(iii) has as its principal purpose the
provision of medical education or medical
research and is actively engaged in providing
medical or hospital care, or
``(iv) is required under State law to be
licensed as a hospital.
``(B) Exceptions.--Such term shall not include a
convalescent home or a home for children or the aged.
``(2) Specified medically necessary care.--
``(A) In general.--The term `specified medically
necessary care' means any medical care which is within
the scope of medical care provided by the specified
medical care provider.
``(B) Exceptions.--Such term shall not include--
``(i) any medical care--
``(I) which is attested to by the
physician or practitioner treating the
low-income uninsured individual as
being not medically necessary, or
``(II) with respect to which the
low-income uninsured individual signs a
waiver acknowledging such care is not
medically necessary, and
``(ii) any organ transplant, any medical
care that is cosmetic or experimental in
nature, and any treatment to improve the
functioning of a malformed member.
``(3) Low-income uninsured individual.--
``(A) In general.--The term `low-income uninsured
individual' means any individual who, at the time the
medical care is sought--
``(i) is not covered by insurance
constituting medical care, other than coverage
described in section 223(c)(1)(B),
``(ii) has an annual household income equal
to not more than 200 percent of the poverty
line applicable to the size of the family
involved,
``(iii) does not fail the resource
requirement of subparagraph (D) or (E) of
section 1860-14(a)(3) of the Social Security
Act,
``(iv) is a citizen or resident of the
United States, and
``(v) is not eligible for government-
sponsored insurance constituting medical care.
``(B) Exception.--An individual shall not be a low-
income uninsured individual if the individual fails to
comply with reasonable requests by a specified medical
care provider to provide documentation, or make an
attestation, regarding income, assets, citizenship or
residency, or insurance status.
``(4) Poverty line.--The term `poverty line' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).''.
(b) Conforming Amendment.--The table of subchapters for chapter 42
of such Code is amended by adding at the end the following new item:
``subchapter h. failure by specified medical care provider to meet
minimum charity care requirement.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Tax Exempt Hospitals Responsibility Act of 2006 - Amends the Internal Revenue Code to: (1) deny a tax exemption to medical care providers (i.e., tax-exempt charitable or teaching hospitals) that fail to adopt and carry out policies for providing medically necessary care to low-income individuals without health insurance; (2) deny a tax deduction for contributions to such providers; and (3) impose excise tax penalties on such medical care providers for failing to provide medically necessary care to low-income uninsured individuals, for overcharging for such care, and for failing to make certain disclosures to patients and the public relating to medical care and pricing. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose an excise tax on certain medical care providers that fail to provide a minimum level of charity medical care, and for other purposes."} | 2,148 | 144 | 0.536172 | 1.46739 | 0.600368 | 2.306452 | 14.669355 | 0.83871 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Right Prescription
for Seniors Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of medicare operated plan option.
Sec. 3. Negotiating fair prices for medicare prescription drugs.
Sec. 4. Importation of prescription drugs.
Sec. 5. Limitation on prescription drug benefits of Members of
Congress.
SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PLAN OPTION.
(a) In General.--Section 1860D-11(g) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended to read
as follows:
``(g) Medicare Operated Plan Option.--
``(1) In general.--Separate from the bidding process under
subsection (b), the Secretary shall provide for the offering in
each PDP region of a medicare operated plan option (as defined
in paragraph (4)) and shall enter into negotiations with
pharmaceutical manufacturers to reduce the purchase cost of
covered part D drugs for eligible part D individuals in
accordance with paragraph (2).
``(2) Negotiations.--The Secretary shall negotiate with
pharmaceutical manufacturers with respect to the purchase price
of covered part D drugs and shall encourage the use of more
affordable therapeutic equivalents to the extent such practices
do not override medical necessity as determined by the
prescribing physician. To the extent practicable and consistent
with the previous sentence, the Secretary shall implement
strategies similar to those used by other Federal purchasers of
prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(3) Medicare operated plan option.--For purposes of this
part, the term `medicare operated plan option' means a
prescription drug plan that offers coverage similar to the
standard prescription drug coverage and access to negotiated
prices described in section 1860D-2(a)(1)(A) and does not
include any supplemental prescription drug coverage, except
that such plan shall provide continuous coverage and shall not
have a coverage gap.
``(4) Monthly beneficiary premium.--
``(A) In general.--Except as provided in section
1860D-13(b) (relating to late enrollment penalty) and
subject to section 1860D-14 (relating to low-income
assistance), the monthly beneficiary premium to be
charged under the medicare operated plan option shall
be--
``(i) for months in 2006, $35; and
``(ii) for months in a subsequent year, the
lesser of--
``(I) the amount determined under
this paragraph for months in the
previous year, increased by the annual
percentage increase described in
subparagraph (B) for the year involved;
or
``(II) in the case of months in
years prior to 2014, the specified
amount (as defined in subparagraph
(C)).
``(B) Annual percentage increase.--The annual
percentage increase specified in this paragraph for a
year is equal to the annual percentage increase in
average per capita aggregate expenditures for covered
drugs in the United States for beneficiaries under this
title, as determined by the Administrator for the 12-
month period ending in July of the previous year.
``(C) Specified amount.--For purposes of the
paragraph, the term `specified amount' means--
``(i) for months in 2007, $37;
``(ii) for months in 2008, $40;
``(iii) for months in 2009, $43;
``(iv) for months in 2010, $46;
``(v) for months in 2011, $51;
``(vi) for months in 2012, $54; and
``(vii) for months in 2013, $59.
``(5) No affect on access requirements.--The medicare
operated plan option shall be in addition to the plans required
under subsection (d)(1)''.
(b) Conforming Amendments.--
(1) Section 1860D-3 of the Social Security Act, as added by
section 101(a) of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is
repealed.
(2) Section 1860D-11(f) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) Conditions for approval of limited risk plans.--
``(A) In general.--The Secretary may only approve a
limited risk plan (as defined in paragraph (4)(A)) for
a PDP region if the access requirements under
subparagraph (B) would not be met for the region but
for the approval of such a plan.
``(B) Ensuring access to a choice of coverage.--
``(i) Choice of at least two plans in each
area.--The Secretary shall ensure that each
part D eligible individual has available,
consistent with clause (ii), a choice of
enrollment in at least 2 qualifying plans (as
defined in clause (iii)) in the area in which
the individual resides, at least one of which
is a prescription drug plan.
``(ii) Requirement for different plan
sponsors.--The requirement in clause (i) is not
satisfied with respect to an area if only one
entity offers all the qualifying plans in the
area.
``(iii) Qualifying plan defined.--For
purposes of this section, the term `qualifying
plan' means--
``(I) a prescription drug plan; or
``(II) an MA-PD plan described in
section 1851(a)(2)(A)(i) that provides
basic prescription drug coverage or
qualified prescription drug coverage
that provides supplemental prescription
drug coverage so long as there is no MA
monthly supplemental beneficiary
premium applied under the plan, due to
the application of a credit against
such premium of a rebate under section
1854(b)(1)(C).'';
(B) in paragraph (2)(A), by striking ``section
1860D-3(a)'' and inserting ``paragraph (1)(B)''; and
(C) in subparagraphs (A) and (B) of paragraph (4),
by striking ``fallback prescription drug plan'' each
place it appears and inserting ``medicare operated plan
option''.
(3) Section 1860D-11(h) is amended--
(A) in the heading, by striking ``and Fallback
Plans''; and
(B) by striking the first sentence and inserting
the following: ``The Secretary shall submit to Congress
an annual report that describes instances in which
limited risk plans were offered under subsection
(f).''.
(4) Section 1860D-12(b) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(5) Section 1860D-15 of the Social Security Act, as added
by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended by striking subsection (g).
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173).
SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
Section 1860D-11 of the Social Security Act, as added by section
101(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended by striking
subsection (i) (relating to noninterference) and by inserting the
following:
``(i) Negotiation of Prices With Manufacturers.--In order to ensure
that beneficiaries enrolled under prescription drug plans and MA-PD
plans pay the lowest possible price, the Secretary shall--
``(1) have authority similar to that of other Federal
entities that purchase prescription drugs in bulk to negotiate
contracts with manufacturers of covered part D drugs,
consistent with the requirements and in furtherance of the
goals of providing quality care and containing costs under this
part; and
``(2) use such authority to negotiate the prices of covered
part D drugs furnished to part D eligible individuals under
prescription drug plans offered by PDP sponsors under this
part.''.
SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.
Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``Not later than 180 days after the date of enactment
of the Pharmaceutical Market Access Act of 2003, the
Secretary''; and
(B) by striking ``pharmacists and wholesalers'' and
inserting ``pharmacists, wholesalers, and qualifying
individuals'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) require that each covered product imported under that
subsection complies with sections 501, 502, and 505 and other
applicable requirements of this Act; and'';
(B) in paragraph (2), by striking ``, including
subsection (d); and'' and inserting a period; and
(C) by striking paragraph (3);
(3) in subsection (c), by inserting ``by pharmacists and
wholesalers (but not qualifying individuals)'' after
``importation of covered products'';
(4) in subsection (d)--
(A) by striking paragraphs (3) and (10);
(B) in paragraph (5), by striking ``, including the
professional license number of the importer, if any'';
(C) in paragraph (6)--
(i) in subparagraph (C), by inserting ``(if
required under subsection (e))'' before the
period;
(ii) in subparagraph (D), by inserting
``(if required under subsection (e))'' before
the period; and
(iii) in subparagraph (E), by striking
``labeling'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``(if
required under subsection (e))'' before the
period; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Certification from the importer or
manufacturer of the product that the product meets all
requirements of this Act.''; and
(E) by redesignating paragraphs (4) through (9) as
paragraphs (3) through (8), respectively;
(5) by striking subsection (e) and inserting the following:
``(e) Testing.--
``(1) In general.--Subject to paragraph (2), regulations
under subsection (a) shall require that testing referred to in
paragraphs (5) through (7) of subsection (d) be conducted by
the importer of the covered product, unless the covered product
is a prescription drug subject to the requirements of section
505B for counterfeit-resistant technologies.
``(2) Exception.--The testing requirements of paragraphs
(5) through (7) of subsection (d) shall not apply to an
importer unless the importer is a wholesaler.'';
(6) in subsection (f), by striking ``or designated by the
Secretary, subject to such limitations as the Secretary
determines to be appropriate to protect the public health'';
(7) in subsection (g)--
(A) by striking ``counterfeit or''; and
(B) by striking ``and the Secretary determines that
the public is adequately protected from counterfeit and
violative covered products being imported pursuant to
subsection (a)'';
(8) in subsection (i)(1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Study.--
``(i) In general.--The Secretary shall
conduct, or contract with an entity to conduct,
a study on the imports permitted under
subsection (a), including consideration of the
information received under subsection (d).
``(ii) Evaluation.--In conducting the
study, the Secretary or entity shall--
``(I) evaluate the compliance of
importers with regulations under
subsection (a), and the incidence of
shipments under that subsection, if
any, that have been determined to be
misbranded or adulterated; and
``(II) determine how that
compliance contrasts with the incidence
of shipments of prescription drugs
transported within the United States
that have been determined to be
misbranded or adulterated.''; and
(B) in subparagraph (B), by striking ``Not later
than 2 years after the effective date of final
regulations under subsection (a),'' and inserting ``Not
later than 18 months after the date of enactment of the
Pharmaceutical Market Access Act of 2003,'';
(9) in subsection (k)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) Qualifying individual.--The term `qualifying
individual' means an individual who is not a pharmacist
or a wholesaler.''; and
(10) by striking subsections (l) and (m).
SEC. 5. LIMITATION ON PRESCRIPTION DRUG BENEFITS OF MEMBERS OF
CONGRESS.
(a) Limitation on Benefits.--Notwithstanding any other provision of
law, the actuarial value of the prescription drug benefits of any
Member of Congress enrolled in a health benefits plan under chapter 89
of title 5, United States Code, may not exceed the actuarial value of
basic prescription drug coverage (as defined in section 1860D-2(a)(3)
of the Social Security Act, as added by section 101(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173)).
(b) Regulations.--The Director of the Office of Personnel
Management shall promulgate regulations to carry out this section. | Right Prescription for Seniors Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to ensure that Medicare beneficiaries have access to a Medicare administered prescription drug plan option.
Repeals provisions prohibiting the Secretary from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary or instituting a price structure for the reimbursement of covered part D drugs.
Grants the Secretary the authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs. Requires the Secretary to use such authority to negotiate the prices of such drugs under prescription drug plans offered by PDP sponsors.
Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).
States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.
Amends provisions regarding the importation of covered products, repealing the mandate that the Secretary require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received.
Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to requirements for counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests).
Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products (thus making such provisions permanent).
Limits prescription drug benefits for Members of Congress. | {"src": "billsum_train", "title": "A bill to amend part D of title XVIII of the Social Security Act to ensure that every medicare beneficiary has access to a medicare administered prescription drug plan option, and for other purposes."} | 3,256 | 441 | 0.571445 | 1.785075 | 0.769802 | 3.047368 | 7.947368 | 0.826316 |
SECTION 1. REPEAL OF RECAPTURE BOND RULE.
(a) In General.--Paragraph (6) of section 42(j) of the Internal
Revenue Code of 1986 (relating to recapture of credit) is amended to
read as follows:
``(6) No recapture on disposition of building (or interest
therein) reasonably expected to continue as a qualified low-
income building.--
``(A) In general.--In the case of a disposition of
a building or an interest therein, the taxpayer shall
be discharged from liability for any additional tax
under this subsection by reason of such disposition if
it is reasonably expected that such building will
continue to be operated as a qualified low-income
building for the remaining compliance period with
respect to such building.
``(B) Statute of limitations.--
``(i) Extension of period.--The period for
assessing a deficiency attributable to the
application of subparagraph (A) with respect to
a building (or interest therein) during the
compliance period with respect to such building
shall not expire before the expiration of 3
years after the end of such compliance period.
``(ii) Assessment.--Such deficiency may be
assessed before the expiration of the 3-year
period referred to in clause (i)
notwithstanding the provisions of any other law
or rule of law which would otherwise prevent
such assessment.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code (relating to information concerning
transactions with other persons) is amended by inserting after
section 6050T the following new section:
``SEC. 6050U. RETURNS RELATING TO PAYMENT OF LOW-INCOME HOUSING CREDIT
REPAYMENT AMOUNT.
``(a) Requirement of Reporting.--Every person who, at any time
during the taxable year, is an owner of a building (or an interest
therein)--
``(1) which is in the compliance period at any time during
such year, and
``(2) with respect to which recapture is required by
section 42(j),
shall, at such time as the Secretary may prescribe, make the return
described in subsection (b).
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person
who, with respect to such building or interest, was
formerly an investor in such owner at any time during
the compliance period,
``(B) the amount (if any) of any credit recapture
amount required under section 42(j), and
``(C) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Persons With Respect to Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each person whose name is required to
be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such person.
The written statement required under the preceding sentence shall be
furnished on or before March 31 of the year following the calendar year
for which the return under subsection (a) is required to be made.
``(d) Compliance Period.--For purposes of this section, the term
`compliance period' has the meaning given such term by section
42(i).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xiii) through (xviii) as clauses
(xiv) through (xix), respectively, and by inserting
after clause (xii) the following new clause:
``(xiii) section 6050U (relating to returns
relating to payment of low-income housing
credit repayment amount),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of
subparagraph (AA), by striking the period at the end of
subparagraph (BB) and inserting ``, or'', and by adding
after subparagraph (BB) the following new subparagraph:
``(CC) section 6050U (relating to returns relating
to payment of low-income housing credit repayment
amount).''.
(C) Clerical amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 of
such Code is amended by inserting after the item
relating to section 6050T the following new item:
``Sec. 6050U. Returns relating to payment of low-income
housing credit repayment amount.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to any liability for the credit recapture
amount under section 42(j) of the Internal Revenue Code of 1986
that arises after the date of the enactment of this Act.
(2) Special rule for low-income housing buildings sold
before date of enactment of this act.--In the case of a
building disposed of before the date of the enactment of this
Act with respect to which the taxpayer posted a bond (or
alternative form of security) under section 42(j) of the
Internal Revenue Code of 1986 (as in effect before the
enactment of this Act), the taxpayer may elect (by notifying
the Secretary of the Treasury in writing)--
(A) to cease to be subject to the bond requirements
under section 42(j)(6) of such Code, as in effect
before the enactment of this Act, and
(B) to be subject to the requirements of section
42(j) of such Code, as amended by this Act. | Amends the Internal Revenue Code to repeal provisions of the low income housing tax credit requiring a bond to cover recapture amounts from the disposition, prior to a 15-year compliance period, of a building (or interest therein) eligible for the credit. Provides for a three-year statute of limitation (from the end of the compliance period) for assessing a recapture deficiency.
Requires owners of buildings eligible for the low income housing tax credit to file informational returns with the Secretary of the Treasury upon the occurrence of a recapture event and to provide persons who are named in such returns with specified information. Imposes penalties for failure to file required returns. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to replace the recapture bond provisions of the low income housing tax credit program."} | 1,368 | 150 | 0.58564 | 1.567119 | 0.621773 | 1.624 | 9.832 | 0.792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight for Unaccountable Non-
profits (SUN) Act''.
SEC. 2. RETURN INFORMATION OF CERTAIN TAX-EXEMPT ORGANIZATIONS
AVAILABLE IN A SEARCHABLE FORMAT.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``made available to the public at such time
and in such places as the Secretary may prescribe.'' and inserting
``made available to the public at no charge and in an open, structured
data format that is processable by computers with the information easy
to find, access, reuse, and download in bulk.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns required to be filed after the date of the enactment of this
Act.
SEC. 3. AUTHORITY TO DISCLOSE CONTRIBUTORS TO CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``Nothing in this subsection shall
authorize the Secretary to disclose the name and address of any
contributor to any organization'' and inserting ``In the case of any
applicable organization or trust, such information shall include the
name and address of any qualified contributor to such organization
which is required to be included on the return and the total
contributions of such qualified contributor, but nothing in this
subsection shall authorize the Secretary to disclose the name or
address of any other contributor to such organization or any
contributor to any other organization''.
(b) Definitions.--Section 6104(b) of such Code is amended--
(1) by striking ``The information'' and inserting the
following:
``(1) In general.--The information'', and
(2) by adding at the end the following new paragraph:
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Applicable organization or trust.--The term
`applicable organization or trust' means any
organization or trust which--
``(i) indicates on an application (or
amendment to an application) for recognition of
exemption from tax under section 501(a) that
such organization has or plans to spend money
attempting to influence the selection,
nomination, election, or appointment of any
person to a public office,
``(ii) asserts on a return that such
organization participated in, or intervened in
(including through the publishing or
distributing of statements), a political
campaign on behalf of, or in opposition to, any
candidate for public office,
``(iii) has filed, or was required to file,
a statement or report under subsection (c) or
(g) of section 304 of the Federal Election
Campaign Act of 1974 with respect to
independent expenditures made during the
taxable year, or
``(iv) has filed, or was required to file,
a statement under section 304(f) of such Act
with respect to disbursements for
electioneering communications made during the
taxable year.
``(B) Qualified contributor.--The term `qualified
contributor' means, with respect to any applicable
organization or trust, any person who made aggregate
contributions (in money or other property) to such
applicable organization or trust during the taxable
year in an amount valued at $5,000 or more.''.
(c) Conforming Amendment.--Section 6104(d)(3)(A) of such Code is
amended by striking the first sentence and inserting the following:
``In the case of any applicable organization or trust (as defined in
subsection (b)(2)(A)), any copies of annual returns provided under
paragraph (1) shall include information relating to the name and
address of any qualified contributor (as defined in subsection
(b)(2)(B)) to such organization and the total contributions of such
qualified contributor, but nothing in such paragraph shall require the
disclosure of the name or address of any other contributor to such
organization or any contributor to any other organization (other than a
private foundation (within the meaning of section 509(a)) or political
organization exempt from taxation under section 527).''.
(d) Effective Date.--The amendments made by this section shall
apply to returns required to be filed after the date of the enactment
of this Act. | Sunlight for Unaccountable Non-profits (SUN) Act Amends the Internal Revenue Code to require: (1) the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk; and (2) the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office. | {"src": "billsum_train", "title": "Sunlight for Unaccountable Non-profits (SUN) Act"} | 986 | 143 | 0.562617 | 1.704205 | 0.702044 | 4.974359 | 7.42735 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commemorative Coin Act
of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Fund'' means the National Law Enforcement
Officers Memorial Maintenance Fund established under section
201;
(2) the term ``recipient organization'' means an
organization described in section 101 to which surcharges
received by the Secretary from the sale of coins issued under
this Act are paid; and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
TITLE I--COMMEMORATIVE COIN PROGRAMS
SEC. 101. COMMEMORATIVE COIN PROGRAMS.
In accordance with the recommendations of the Citizens
Commemorative Coin Advisory Committee, the Secretary shall mint and
issue the following coins:
(1) Bicentennial of united states.--On or before December
31, 1995, the Secretary shall mint not more than 25,000 $10
gold coins with specifications to be determined by the
Secretary.
(2) United nations and president truman.--
(A) In general.--To commemorate the 50th
anniversary of the founding of the United Nations and
the role of President Harry S. Truman in the founding
of the United Nations, during a 1-year period beginning
in 1996, the Secretary shall issue--
(i) not more than 75,000 $5 coins, each of
which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850
inches; and
(III) contain 90 percent gold and
10 percent alloy; and
(ii) not more than 350,000 $1 coins, each
of which shall--
(I) weigh 26.73 grams;
(II) have a diameter of 1.500
inches; and
(III) contain 90 percent silver and
10 percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin for each $5 coin, and a surcharge of $10 per
coin for each $1 coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary in accordance with the following:
(i) Fifty percent of the surcharges
received shall be paid to the Harry S. Truman
Library Foundation.
(ii) Fifty percent of the surcharges
received shall be paid to the United Nations
Association.
(3) Smithsonian institution.--
(A) In general.--To commemorate the 150th
anniversary of the founding of the Smithsonian
Institution, during a 1-year period beginning in August
1996, the Secretary shall issue--
(i) not more than 100,000 $5 coins, each of
which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850
inches; and
(III) contain 90 percent gold and
10 percent alloy; and
(ii) not more than 800,000 $1 coins, each
of which shall--
(I) weigh 26.73 grams;
(II) have a diameter of 1.500
inches; and
(III) contain 90 percent silver and
10 percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin for each $5 coin, and a surcharge of $10 per
coin for each $1 coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary to the Smithsonian Institution to be used to
support the National Numismatic Collection at the
National Museum of American History.
(D) Design.--The design of the coins issued under
this subsection shall be emblematic of the scientific,
educational, and cultural significance and importance
of the Smithsonian Institution. Each coin issued under
this subsection shall include an inscription of the
following words from the original bequest of James
Smithson: ``for the increase and diffusion of
knowledge''.
(4) Franklin delano roosevelt.--
(A) In general.--To commemorate the public opening
of the Franklin Delano Roosevelt Memorial in
Washington, D.C., which will honor President
Roosevelt's leadership and legacy, during a 1-year
period beginning in 1997, the Secretary shall issue not
more than 100,000 $5 coins, each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $35
per coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary to the Franklin Delano Roosevelt Memorial
Commission.
(5) Yellowstone national park.--
(A) In general.--To commemorate the 125th
anniversary of the establishment of Yellowstone
National Park as the first national park in the United
States, and the birth of the national park idea, during
a 1-year period beginning in 1997, the Secretary shall
issue not more than 500,000 $1 coins, each of which
shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $10
per coin.
(C) Distribution of surcharges.--All surcharges
received by the Secretary from the sale of coins issued
under this subsection shall be promptly paid by the
Secretary in accordance with the following:
(i) Fifty percent of the surcharges
received shall be paid to the National Park
Foundation to be used for the support of
national parks.
(ii) Fifty percent of the surcharges
received shall be paid to Yellowstone National
Park.
(6) National law enforcement officers memorial.--
(A) In general.--To recognize the sacrifice of law
enforcement officers and their families in preserving
public safety, during a 1-year period beginning in
1997, the Secretary shall issue not more than 500,000
$1 coins, each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10
percent alloy.
(B) Surcharges.--All sales of the coins issued
under this subsection shall include a surcharge of $10
per coin.
(C) Distribution of surcharges.--After receiving
surcharges from the sale of the coins issued under this
subsection, the Secretary shall transfer to the
Secretary of the Interior an amount equal to the
surcharges received from the sale of the coins issued
under this subsection, which amount shall be deposited
in the Fund established under section 201.
(D) Availability.--The coins issued under this
subsection shall be available for issuance not later
than May 1997.
SEC. 102. DESIGN.
(a) Selection.--The design for each coin issued under this Act
shall be--
(1) selected by the Secretary after consultation with the
appropriate recipient organization or organizations and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designation and Inscriptions.--On each coin issued under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
SEC. 103. LEGAL TENDER.
The coins issued under this Act shall be legal tender, as provided
in section 5103 of title 31, United States Code.
SEC. 104. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act from sources the Secretary determines to be appropriate,
including stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 105. SALE PRICE.
Each coin issued under this Act shall be sold by the Secretary at a
price equal to the sum of--
(1) the face value of the coin;
(2) the surcharge provided in section 101 with respect to
the coin;
(3) the cost of designing and issuing the coin (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping); and
(4) the estimated profit determined under section 106(b)
with respect to the coin.
SEC. 106. DETERMINATION OF COSTS AND PROFIT.
(a) Determination of Costs.--With respect to the coins issued under
this Act, the Secretary shall, on an ongoing basis, determine--
(1) the costs incurred in carrying out each coin program
authorized under this Act; and
(2) the allocation of overhead costs among all coin
programs authorized under this Act.
(b) Determination of Profit.--Prior to the sale of each coin issued
under this Act, the Secretary shall calculate the estimated profit to
be included in the sale price of the coin under section 105(4).
SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
Section 5112(j) of title 31, United States Code, shall apply to the
procurement of goods or services necessary to carrying out the programs
and operations of the United States Mint under this Act.
SEC. 108. PROHIBITION ON JUDICIAL REVIEW.
Each determination made by the Secretary in implementing a
commemorative coin program under this Act shall be made in the sole
discretion of the Secretary and shall not be subject to judicial
review.
SEC. 109. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of each
recipient organization as may be related to the expenditures of amounts
paid under section 101.
SEC. 110. FINANCIAL ASSURANCES.
It is the sense of the Congress that each coin program authorized
under this Act should be self-sustaining and should be administered so
as not to result in any net cost to the Numismatic Public Enterprise
Fund.
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND.
(a) Establishment.--
(1) In general.--There is established the National Law
Enforcement Officers Memorial Maintenance Fund, which shall be
a revolving fund administered by the Secretary of the Interior
(or the designee of the Secretary of the Interior).
(2) Funding.--Amounts in the Fund shall include--
(A) amounts deposited in the Fund under section
101(6); and
(B) any donations received under paragraph (3).
(3) Donations.--The Secretary of the Interior may accept
donations to the Fund.
(4) Interest-bearing account.--The Fund shall be maintained
in an interest-bearing account within the Treasury of the
United States.
(b) Purposes.--The Fund shall be used--
(1) for the maintenance and repair of the National Law
Enforcement Officers Memorial in Washington, D.C.;
(2) to periodically add the names of law enforcement
officers who have died in the line of duty to the National Law
Enforcement Officers Memorial;
(3) for the security of the National Law Enforcement
Officers Memorial site, including the posting of National Park
Service rangers and United States Park Police, as appropriate;
(4) at the discretion of the Secretary of the Interior and
in consultation with the Secretary and the Attorney General of
the United States, who shall establish an equitable procedure
between the Fund and such other organizations as may be
appropriate, to provide educational scholarships to the
immediate family members of law enforcement officers killed in
the line of duty whose names appear on the National Law
Enforcement Officers Memorial, the total annual amount of such
scholarships not to exceed 10 percent of the annual income of
the Fund;
(5) for the dissemination of information regarding the
National Law Enforcement Officers Memorial to the general
public;
(6) to administer the Fund, including contracting for
necessary services, in an amount not to exceed the lesser of--
(A) 10 percent of the annual income of the Fund; or
(B) $200,000 during any 1-year period; and
(7) at the discretion of the Secretary of the Interior, in
consultation with the Fund, for appropriate purposes in the
event of an emergency affecting the operation of the National
Law Enforcement Officers Memorial, except that, during any 1-
year period, not more than $200,000 of the principal of the
Fund may be used to carry out this paragraph.
(c) Budget and Audit Treatment.--The Fund shall be subject to the
budget and audit provisions of chapter 91 of title 31, United States
Code. | TABLE OF CONTENTS:
Title I: Commemorative Coin Programs
Title II: National Law Enforcement Officers Memorial
Maintenance Fund
United States Commemorative Coin Act of 1995 -
Title I: Commemorative Coin Programs
- Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins.
(Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Title II: National Law Enforcement Officers Memorial Maintenance Fund
- Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial. | {"src": "billsum_train", "title": "United States Commemorative Coin Act of 1995"} | 2,877 | 392 | 0.594617 | 1.886964 | 0.705434 | 4.841667 | 7.35 | 0.952778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Private Property
Protection Act''.
SEC. 2. DISCLAIMER AND OUTDATED SURVEYS.
(a) In General.--The Secretary disclaims any right, title, and
interest to the land located south of the South Bank boundary line in
the affected area.
(b) Clarification of Prior Surveys.--Surveys conducted by the
Bureau of Land Management before the date of the enactment of this Act
shall have no force or effect in determining the South Bank boundary
line.
SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE.
(a) Survey Required.--To identify the South Bank boundary line in
the affected area, the Secretary shall commission a survey. The survey
shall--
(1) adhere to the gradient boundary survey method;
(2) span the entire length of the affected area;
(3) be conducted by Licensed State Land Surveyors chosen by
the Texas General Land Office, in consultation with the
Oklahoma Commissioners of the Land Office and each affected
federally recognized Indian tribe;
(4) be completed not later than 2 years after the date of
the enactment of this Act; and
(5) not be submitted to the Bureau of Land Management for
approval.
(b) Approval of the Survey.--After the survey is completed, the
Secretary shall submit the survey to be approved by the Texas General
Land Office, in consultation with the Oklahoma Commissioners of the
Land Office and each affected federally recognized Indian tribe.
(c) Surveys of Individual Parcels.--
(1) In general.--Parcels surveyed as required by this
section shall be surveyed and approved on an individual basis
by the Texas General Land Office, in consultation with the
Oklahoma Commissioners of the Land Office and each affected
federally recognized Indian tribe.
(2) Surveys of individual parcels not submitted to the
bureau of land management.--Surveys of individual parcels shall
not be submitted to the Bureau of Land Management for approval.
(d) Notice.--
(1) Notification to the secretary.--Not later than 30 days
after a survey for a parcel is approved by the Texas General
Land Office under subsection (c), such office shall provide to
the Secretary the following:
(A) Notice of the approval of such survey.
(B) A copy of such survey and field notes relating
to such parcel.
(2) Notification to adjacent landowners.--Not later than 30
days after the date on which the Secretary receives
notification relating to a parcel under paragraph (1), the
Secretary shall provide to landowners adjacent to such parcel
the following:
(A) Notice of the approval of such survey.
(B) A copy of such survey and field notes relating
to such parcel.
(C) Notice that the landowner may file an appeal
and seek further judicial review under section 4.
(D) Notice that the landowner may apply for a
patent under section 5.
(E) Any additional information considered
appropriate by the Secretary.
SEC. 4. APPEAL.
(a) Appeal to Administrative Law Judge.--Not later than 1 year
after the date on which a landowner receives notification under section
3(d)(2), a landowner who claims to hold right, title, or interest in
the affected area may appeal the determination of the survey to an
administrative law judge of the Department of the Interior.
(b) Further Judicial Review.--
(1) In general.--A landowner who filed an appeal under
subsection (a) and is adversely affected by the final decision
may, not later than 120 days after the date of the final
decision, file a civil action in the United States district
court for the district--
(A) in which the person resides; or
(B) in which the affected area is located.
(2) Standard of review.--The district court may review the
case de novo and may enter a judgment enforcing, modifying, and
enforcing as so modified, or setting aside in whole or in part,
the decision of the administrative law judge.
SEC. 5. RED RIVER SURFACE RIGHTS.
(a) Notification of Application Period for Patents.--
(1) In general.--On the date that is 18 months after the
date on which the Secretary receives notification relating to a
parcel under section 3(d)(1), the Secretary shall determine
whether such parcel is subject to appeal or further judicial
review.
(2) Parcel not subject to appeal or judicial review.--Not
later than 30 days after the date on which the Secretary
determines a parcel is not subject to appeal or judicial
review, the Secretary shall--
(A) notify federally recognized Indian tribes with
jurisdiction over lands adjacent to such parcel that
the Secretary shall accept applications for patents for
that parcel under subsection (b) for a period of 210
days; and
(B) begin accepting applications for patents for
that parcel under subsection (b) for a period of 210
days.
(3) Parcel subject to appeal or judicial review.--If the
Secretary determines a parcel is subject to appeal or further
judicial review, the Secretary shall, not less than once every
6 months, check the status of the appeals or judicial reviews
relating to such parcel, until the Secretary determines such
parcel is not subject to appeal or further judicial review.
(b) Patents for Lands in the Affected Area.--If the Secretary
receives an application for a patent for a parcel of identified Federal
lands during the period for applications for such parcel under
subsection (a)(2)(B) and determines that the parcel has been held in
good faith and in peaceful adverse possession by an applicant, or the
ancestors or grantors of such applicant, for more than 20 years under
claim (including through a State land grant), the Secretary may issue a
patent for the surface rights to such parcel to the applicant, on the
payment of fair market value per acre, if the patent includes the
following conditions:
(1) All minerals contained in the parcel are reserved to
the United States and subject to sale or disposal by the United
States under applicable leasing and mineral land laws.
(2) Permittees, lessees, or grantees of the United States
have the right to enter the parcel for the purpose of
prospecting for and mining deposits.
(c) Pending Requests for Patents.--The Secretary shall not offer a
parcel of identified Federal land for purchase under section 6 if a
patent request for that parcel is pending under this section.
SEC. 6. RIGHT OF REFUSAL AND COMPETITIVE SALE.
(a) Right of Refusal.--
(1) Offers to purchase.--After the expiration of the period
for applications under section 5(a)(2)(B), the Secretary shall
offer for purchase for a period of 60 days for each right of
refusal--
(A) the surface rights to the remaining identified
Federal lands located north of the vegetation line of
the South Bank to--
(i) the federally recognized Indian tribes
holding reservation or allotment land on June
5, 1906, with the first right of refusal;
(ii) the adjacent owner of land located in
Oklahoma to the north with the second right of
refusal;
(iii) if applicable, the adjacent owner of
land located in Texas to the south with the
third right of refusal;
(iv) if applicable, the adjacent owner of
land located to the east with the fourth right
of refusal; and
(v) if applicable, the adjacent owner of
land located to the west with the fifth right
of refusal; and
(B) the surface rights to the remaining identified
Federal lands located south of the vegetation line of
the South Bank to--
(i) the federally recognized Indian tribes
holding reservation or allotment land on June
5, 1906, with the first right of refusal;
(ii) the adjacent owner of land located in
Texas to the south with the second right of
refusal;
(iii) if applicable, the adjacent owner of
land located in Oklahoma to the north with the
third right of refusal;
(iv) if applicable, the adjacent owner of
land located to the east with the fourth right
of refusal; and
(v) if applicable, the adjacent owner of
land located to the west with the fifth right
of refusal.
(2) Remaining identified federal lands defined.--In this
subsection, the term ``remaining identified Federal lands''
means any parcel of identified Federal lands--
(A) not subject to appeal or further judicial
review under section 4;
(B) not determined by an administrative law judge
of the Department of the Interior or a Federal court to
be the property of an adjacent landowner; and
(C) not patented or subject to a pending request
for a patent under section 5.
(b) Disposal by Competitive Sale.--If a parcel offered under
subsection (a) is not purchased, the Secretary shall offer the parcel
for disposal by competitive sale for not less than fair market value as
determined by an appraisal conducted in accordance with nationally
recognized appraisal standards, including the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(c) Conditions of Sale.--The sale of a parcel under this section
shall be subject to--
(1) the condition that all minerals contained in the parcel
are reserved to the United States and subject to sale or
disposal by the United States under applicable leasing and
mineral land laws;
(2) the condition that permittees, lessees, or grantees of
the United States have the right to enter the parcel for the
purpose of prospecting for and mining deposits; and
(3) valid existing State, tribal, and local rights.
(d) Report.--Not later than 5 years after the date on which the
survey is approved, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a list of the parcels of
identified Federal lands that have not been sold under subsection (b)
and a description of the reasons such parcels were not sold.
SEC. 7. RESOURCE MANAGEMENT PLAN.
The Secretary may not treat a parcel of identified Federal lands as
Federal land for the purposes of a resource management plan if the
treatment of such parcel does not comply with the provisions of this
Act.
SEC. 8. CONSTRUCTION.
(a) Lands Located North of the South Bank Boundary Line.--Nothing
in this Act shall be construed to modify the interest of Texas or
Oklahoma or sovereignty rights of any federally recognized Indian tribe
over lands located to the north of the South Bank boundary line as
established by the survey.
(b) Patents Under the Color of Title Act.--Nothing in this Act
shall be construed to modify land patented under the Act of December
22, 1928 (Public Law 70-645; 45 Stat. 1069; 43 U.S.C. 1068; commonly
known as the Color of Title Act), before the date of the enactment of
this Act.
(c) Red River Boundary Compact.--Nothing in this Act shall be
construed to modify the Red River Boundary Compact as enacted by the
States of Texas and Oklahoma and consented to by the United States
Congress by Public Law 106-288 (114 Stat. 919).
(d) Tribal Allotments.--Nothing in this Act shall be construed to
alter the present median line of the Red River as it relates to the
surface or mineral interests of tribal allottees north of the present
median line.
(e) Tribal Reservations.--Nothing in this Act shall be construed to
create or reinstate a tribal reservation or any portion of a tribal
reservation.
(f) Tribal Mineral Interests.--Nothing in this Act shall be
construed to alter the valid rights of the Kiowa, Comanche, and Apache
Nations to the mineral interest trust fund created pursuant to the Act
of June 12, 1926.
SEC. 9. DEFINITIONS.
In this Act:
(1) Affected area.--The term ``affected area'' means lands
along the approximately 116-mile stretch of the Red River from
its confluence with the North Fork of the Red River on the west
to the 98th meridian on the east between the States of Texas
and Oklahoma.
(2) Gradient boundary survey method.--The term ``gradient
boundary survey method'' means the measurement technique used
to locate the South Bank boundary line under the methodology
established in Oklahoma v. Texas, 261 U.S. 340 (1923)
(recognizing that the boundary line between the States of Texas
and Oklahoma along the Red River is subject to change due to
erosion and accretion).
(3) Identified federal lands.--The term ``identified
Federal lands'' means the lands in the affected area from the
South Bank boundary line north to the medial line of the Red
River as identified pursuant to this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(5) South bank.--The term ``South Bank'' means the water-
washed and relatively permanent elevation or acclivity,
commonly called a cut bank, along the southerly or right side
of the Red River which separates its bed from the adjacent
upland, whether valley or hill, and usually serves to confine
the waters within the bed and to preserve the course of the
river (as specified in the fifth paragraph of Oklahoma v.
Texas, 261 U.S. 340 (1923)).
(6) South bank boundary line.--The term ``South Bank
boundary line'' means the boundary between Texas and Oklahoma
identified through the gradient boundary survey method (as
specified in the sixth and seventh paragraphs of Oklahoma v.
Texas, 261 U.S. 340 (1923)).
(7) Survey.--The term ``survey'' means the survey required
by section 3(a).
(8) Vegetation line.--The term ``vegetation line'' means
the visually identifiable continuous line of vegetation that is
adjacent to the portion of the riverbed kept practically bare
of vegetation by the natural flow of the river and is
continuous with the vegetation beyond the riverbed.
Passed the House of Representatives December 9, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Red River Private Property Protection Act (Sec. 2) This bill declares that the Bureau of Land Management (BLM) of the Department of the Interior disclaims any right, title, and interest to certain lands along a stretch of the Red River between Texas and Oklahoma (the affected area) located south of the South Bank boundary line. BLM surveys conducted before enactment of this Act shall have no force or effect in determining the South Bank boundary line. (Sec. 3) The BLM, in identifying the current South Bank boundary line along the affected area, shall commission a new survey that: (1) adheres to the gradient boundary survey method, (2) spans the entire length of the affected area, (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office and each affected federally recognized Indian tribe, and (4) is completed within two years of enactment of this Act. The survey, including surveys of individual parcels, shall be submitted to the Texas General Land Office, not to the BLM, for approval, in consultation with the Oklahoma Commissioners of the Land Office and each affected federally recognized Indian tribe. The Texas Land Office shall notify the BLM of its approval of a survey, together with a copy and related field notes. The BLM, after receiving this notification, shall notify the landowners adjacent to the surveyed parcel, together with a copy and related field notes. (Sec. 4) A landowner who receives such a notification and who claims to hold right, title, or interest in the affected area may appeal the survey's determination to an Administrative Law Judge of the Department of the Interior. A landowner who files such an appeal and is adversely affected by the final decision may file a civil action in the U.S. district court for the district in which the person resides or in which the affected area is located. (Sec. 5) If the BLM determines that a surveyed parcel is not subject to appeal or judicial review, it shall notify federally recognized Indian tribes with jurisdiction over lands adjacent to the parcel that it shall accept patent applications for that parcel for 210 days. The BLM shall also check at least once every six months the status of any appeals or further judicial reviews related to a parcel that is subject to appeal or further judicial review until it is no longer subject to appeal or further judicial review. The BLM may issue to an applicant, on the payment of fair market value per acre, a patent for the surface rights to a parcel of identified federal lands that the applicant (or the applicant's ancestors or grantors) have held in good faith and in peaceful adverse possession for more than 20 years under a claim (including through a state land grant). Such a patent shall: reserve to the United States all minerals contained in the parcel, which shall be subject to sale or disposal under leasing and mineral land laws; and recognize the right of U.S. permittees, lessees, or grantees to enter the parcel to prospect for and mine deposits. (Sec. 6) After the period for applications expires, but for only 60 days, the BLM shall offer for purchase the surface rights to the remaining identified federal land located north or south of the vegetation line of the South Bank. The purchase offer shall go first to federally recognized Indian tribes holding reservation or allotment land on June 5, 1906, that possess the right of first refusal, then to specified adjacent landowners located in Oklahoma or Texas for each next right of refusal. The bill defines "remaining identified federal lands" as any parcel of identified federal lands: not subject to appeal or further judicial review, not determined by an Interior Administrative Law Judge or a federal court to be the property of an adjacent landowner, and not patented or subject to a pending request for a patent. Any such parcel that is not purchased shall be offered by BLM for disposal by a competitive sale for not less than fair market value. Any such sale shall be subject to: (1) the condition that all minerals contained in the parcel are reserved to the United States and subject to sale or disposal under applicable leasing and mineral land laws; (2) the condition that permittees, lessees, or grantees have the right to enter the parcel to prospect for and mine deposits; and (3) valid existing state, tribal, and local rights. (Sec. 7) The BLM may not treat a parcel of identified federal lands as federal land for purposes of a resource management plan if the treatment does not comply with this Act. | {"src": "billsum_train", "title": "Red River Private Property Protection Act"} | 3,172 | 1,003 | 0.747195 | 2.380129 | 0.681799 | 4.492754 | 3.209588 | 0.918618 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Relief for Gulf Coast
Families and Businesses Act''.
SEC. 2. TAX BENEFITS RELATED TO HURRICANE KATRINA DISASTER AREA.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 1400M. TAX BENEFITS RELATED TO HURRICANE KATRINA DISASTER AREA.
``(a) Zero Percent Capital Gains Rate.--
``(1) Exclusion.--Gross income shall not include qualified
capital gain from the sale or exchange of any Katrina Zone
asset held for more than 5 years.
``(2) Katrina zone.--For purposes of this subsection, the
term `Katrina Zone asset' means--
``(A) any Katrina Zone business stock,
``(B) any Katrina Zone partnership interest, and
``(C) any Katrina Zone business property.
``(3) Katrina zone business stock.--For purposes of this
subsection--
``(A) In general.--The term `Katrina Zone business
stock' means any stock in a domestic corporation which
is originally issued after August 28, 2005, if--
``(i) such stock is acquired by the
taxpayer, before January 1, 2007, at its
original issue (directly or through an
underwriter) solely in exchange for cash,
``(ii) as of the time such stock was
issued, such corporation was a Katrina Zone
business (or, in the case of a new corporation,
such corporation was being organized for
purposes of being a Katrina Zone business), and
``(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a Katrina Zone
business.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(4) Katrina zone partnership interest.--For purposes of
this subsection, the term `Katrina Zone partnership interest'
means any capital or profits interest in a domestic partnership
which is originally issued after August 28, 2005, if--
``(A) such interest is acquired by the taxpayer,
before January 1, 2007, from the partnership solely in
exchange for cash,
``(B) as of the time such interest was acquired,
such partnership was a Katrina Zone business (or, in
the case of a new partnership, such partnership was
being organized for purposes of being a Katrina Zone
business), and
``(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a Katrina Zone business.
A rule similar to the rule of subparagraph (B)(ii) shall apply
for purposes of this paragraph.
``(5) Katrina zone business property.--For purposes of this
subsection--
``(A) In general.--The term `Katrina Zone business
property' means tangible property if--
``(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) after August 28, 2005, and before
January 1, 2007,
``(ii) the original use of such property in
the Katrina Zone commences with the taxpayer,
and
``(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in a Katrina Zone business of the taxpayer.
``(B) Special rule for buildings which are
substantially improved.--
``(i) In general.--The requirements of
clauses (i) and (ii) of subparagraph (A) shall
be treated as met with respect to--
``(I) property which is
substantially improved by the taxpayer
before January 1, 2007, and
``(II) any land on which such
property is located.
``(ii) Substantial improvement.--For
purposes of clause (i), property shall be
treated as substantially improved by the
taxpayer only if, during any 24-month period
beginning after August 28, 2005, additions to
basis with respect to such property in the
hands of the taxpayer exceed the greater of--
``(I) an amount equal to the
adjusted basis of such property at the
beginning of such 24-month period in
the hands of the taxpayer, or
``(II) $5,000.
``(6) Katrina zone business.--For purposes of this
subsection, the term `Katrina Zone business' means any
corporation, partnership, or business which would be an
enterprise zone business (as defined in section 1397C) if such
section were applied by substituting `Katrina Zone' for
`empowerment zone' each place it appears.
``(7) Special rules related to katrina zone assets.--For
purposes of this subsection--
``(A) Treatment of subsequent purchasers, etc.--For
purposes of this subsection, the term `Katrina Zone
asset' includes any property which would be a Katrina
Zone asset but for paragraph (3)(A)(i), (4)(A), or
(5)(A)(i) or (ii) in the hands of the taxpayer if such
property was a Katrina Zone asset in the hands of a
prior holder.
``(B) 5-year safe harbor.--If any property ceases
to be a Katrina Zone asset by reason of paragraph
(3)(A)(iii), (4)(C), or (5)(A)(iii) after the 5-year
period beginning on the date the taxpayer acquired such
property, such property shall continue to be treated as
meeting the requirements of such paragraph; except that
the amount of gain to which paragraph (1) applies on
any sale or exchange of such property shall not exceed
the amount which would be qualified capital gain had
such property been sold on the date of such cessation.
``(8) Qualified capital gain.--For purposes of this
subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `qualified capital gain' means
any gain recognized on the sale or exchange of--
``(i) a capital asset, or
``(ii) property used in the trade or
business (as defined in section 1231(b).
``(B) Gain before hurricane or after 2011 not
qualified.--The term `qualified capital gain' shall not
include any gain attributable to periods before August
29, 2005, or after December 31, 2011.
``(C) Certain ordinary income gain not qualified.--
The term `qualified capital gain' shall not include any
gain which would be treated as ordinary income under
section 1245 or under section 1250 if section 1250
applied to all depreciation rather than the additional
depreciation.
``(D) Intangibles and land not integral part of
katrina zone business.--The term `qualified capital
gain' shall not include any gain which is attributable
to real property, or an intangible asset, which is not
an integral part of a Katrina Zone business.
``(E) Related party transactions.--The term
`qualified capital gain' shall not include any gain
attributable, directly or indirectly, in whole or in
part, to a transaction with a related person. For
purposes of this subparagraph, persons are related to
each other if such persons are described in section
267(b) or 707(b)(1).
``(9) Certain other rules to apply.--Rules similar to the
rules of subsections (g), (h), (i)(2), and (j) of section 1202
shall apply for purposes of this subsection.
``(10) Sales and exchanges of interests in partnerships and
s corporations which are katrina zone businesses.--In the case
of the sale or exchange of an interest in a partnership, or of
stock in an S corporation, which was a Katrina Zone business
during substantially all of the period the taxpayer held such
interest or stock, the amount of qualified capital gain shall
be determined without regard to--
``(A) any gain which is attributable to real
property, or an intangible asset, which is not an
integral part of a Katrina Zone business, and
``(B) any gain attributable to periods before
August 29, 2005, or after December 31, 2011.
``(b) Estate Tax Reduction for Hurricane Katrina Victims.--
``(1) In general.-- For purposes of this title, a Hurricane
Katrina victim shall be treated as a qualified decedent within
the meaning of section 2201(b).
``(2) Hurricane katrina victim.--For purposes of this
section, the term `Hurricane Katrina victim' means any decedent
who dies after August 28, 2005, as a result of wounds or
injuries incurred in the Katrina Zone as a result of Hurricane
Katrina.
``(c) Katrina Zone.--For purposes of this section, the term
`Katrina Zone' means an area determined by the President to warrant
individual or individual and public assistance from the Federal
Government under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of Hurricane Katrina.''.
(b) Conforming Amendments.--
(1) The heading for subchapter Y of chapter 1 of such Code
is amended to read as follows:
``Subchapter Y--Short-term Regional Benefits''.
(2) The table of sections for such subchapter is amended by
adding at the end the following new item:
``Sec. 1400M. Tax benefits related to Hurricane Katrina disaster
area.''. | Economic Relief for Gulf Coast Families and Businesses Act - Amends the Internal Revenue Code to: (1) exclude from gross income gain from the sale or exchange of Hurricane Katrina Zone assets held for more than five years; and (2) allow reduced estate tax rates for Hurricane Katrina victims. Includes as such assets: (1) Katrina Zone business stock or principal interests issued after August 28, 2005, and acquired by the taxpayer before January 1, 2007; and (2) Katrina Zone business property acquired between such dates, provided its original use in the Zone commences with the taxpayer. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate capital gains taxes on investments in the Hurricane Katrina disaster area to reduce the estate tax for victims of Hurricane Katrina."} | 2,247 | 122 | 0.672902 | 1.655333 | 0.647043 | 2.921053 | 16.982456 | 0.885965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated
clause the following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as
paragraphs (1) through (4), respectively, and indenting
appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the
end of each of paragraphs (1) and (2) (as so
designated); and
(E) in paragraph (4) (as so designated), by
striking ``: Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.''; and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the Tribe (as
designated as petitioner number 65 by the Office of Federal
Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section 3, any
group of Indians in Robeson and adjoining counties, North Carolina,
whose members are not enrolled in the Tribe (as determined under
section 5(d)) may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be eligible for
all services and benefits provided by the Federal Government to
federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of Federal
services and benefits described in subsection (a), those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(c) Determination of Needs.--On verification by the Secretary of
a tribal roll under subsection (d), the Secretary and the Secretary of
Health and Human Services shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section shall,
subject to verification by the Secretary, define the service
population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming compliance with the
membership criteria set out in the constitution of the
Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the
date of enactment of this section.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--The Secretary may take into trust for the
benefit of the Tribe land of the Tribe.
``(b) Treatment of Certain Land.--An application to take into trust
land located within Robeson County, North Carolina, under this section
shall be treated by the Secretary as an `on reservation' trust
acquisition under part 151 of title 25, Code of Federal Regulations (or
a successor regulation).
``(c) Gaming Activities.--Land taken into trust under this section
shall be eligible, or considered to have been taken into trust, for
class II gaming or class III gaming (as defined in section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the State of
North Carolina that is owned by, or held in trust by the United States
for the benefit of, the Tribe, or any dependent Indian community of the
Tribe, the State of North Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer by
the State of North Carolina to the United States of any portion
of the jurisdiction of the State of North Carolina described in
subsection (a) pursuant to an agreement between the Tribe and
the State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the application of
section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''. | Lumbee Recognition Act This bill amends the Act of June 7, 1956, to extend federal recognition to the Lumbee Tribe of North Carolina and make its members eligible for the services and benefits provided to members of federally recognized tribes. Members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina are deemed to be within the delivery area for such services. The Deparment of Health and Human Services must develop, in consultation with the tribe, a determination of needs to provide the services for which members of the tribe are eligible. The Department of the Interior may take land into trust for the tribe. Gaming is allowed on land taken into trust for the tribe. North Carolina must exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the tribe unless jurisdiction is transferred to the United States pursuant to an agreement between the tribe and the state. | {"src": "billsum_train", "title": "Lumbee Recognition Act"} | 1,481 | 220 | 0.530658 | 1.455287 | 0.651898 | 4.221649 | 6.891753 | 0.92268 |
SECTION 1. REAUTHORIZATION AND ENHANCEMENT OF JOHANNA'S LAW.
(a) In General.--Section 317P(d)(4) of the Public Health Service
Act (42 U.S.C. 247b-17(d)(4)) is amended by inserting after ``2009''
the following: ``, $16,500,000 for the period of fiscal years 2010
through 2012, and such sums as are necessary for each subsequent fiscal
year''.
(b) Collaboration With Nonprofit Gynecologic Cancer
Organizations.--Section 317P(d) of such Act (42 U.S.C. 247b-17(d)) is
amended by adding at the end the following new paragraph:
``(5) Collaboration with nonprofit gynecologic cancer
organizations.--In carrying out the national campaign under
this subsection, the Secretary shall collaborate with the
leading nonprofit gynecologic cancer organizations, with a
mission both to conquer ovarian cancer nationwide and to
provide outreach to State and local governments and
communities, for the purpose of determining the best practices
for providing gynecologic cancer information and outreach
services to varied populations.''.
SEC. 2. DEMONSTRATION PROJECTS REGARDING OUTREACH AND EDUCATION
STRATEGIES RELATING TO GYNECOLOGIC CANCER.
(a) In General.--Section 317P of the Public Health Service Act (42
U.S.C. 247b-17) is amended by adding at the end the following new
subsection:
``(e) Demonstration Projects Regarding Outreach and Education
Strategies.--
``(1) In general.--The Secretary shall carry out a program
to make grants to nonprofit private entities for the purpose of
carrying out demonstration projects to test different outreach
and education strategies to increase the awareness and
knowledge of women and health care providers with respect to
gynecologic cancers, including early warning signs, risk
factors, prevention, screening, and treatment options. Such
strategies shall include strategies directed at women and their
families, physicians, nurses, and key health professionals.
``(2) Preferences in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to--
``(A) applicants with demonstrated expertise in
gynecologic cancer education or treatment or in working
with groups of women who are at especially high risk of
gynecologic cancers; and
``(B) applicants that, in the demonstration project
funded by the grant, will establish linkages between
physicians, nurses, and key health professionals,
hospitals, payers, and State health departments.
``(3) Application for grant.--A grant may be made under
paragraph (1) 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 subsection.
``(4) Certain requirements.--In making grants under
paragraph (1)--
``(A) the Secretary shall make grants to not fewer
than five applicants, subject to the extent of amounts
made available in appropriations Acts; and
``(B) the Secretary shall ensure that information
provided through demonstration projects under such
grants is consistent with the best available medical
information.
``(5) Report to congress.--Not later than 6 months after
the date of the enactment of this subsection and annually
thereafter, the Secretary shall submit to the Congress a report
that--
``(A) summarizes the activities of demonstration
projects under paragraph (1);
``(B) evaluates the extent to which the projects
were effective in increasing early detection of
gynecologic cancers and awareness of risk factors and
early warning signs in the populations to which the
projects were directed; and
``(C) identifies barriers to early detection and
appropriate treatment of such cancers.
``(6) Authorization of appropriations.--
``(A) In general.--For purposes of carrying out
this subsection, there is authorized to be appropriated
in the aggregate $15,000,000 for the period of fiscal
years 2010 through 2012 and such sums as are necessary
for each subsequent fiscal year.
``(B) Administration, technical assistance, and
evaluation.--Of the amounts appropriated under
subparagraph (A), not more than 9 percent may be
expended for the purpose of administering this
subsection, providing technical assistance to grantees
under this subsection, and preparing the report under
paragraph (5).''.
(b) Conforming Amendment.--Subsection (d)(3)(A) of such section is
amended by inserting ``(other than subsections (e))'' after ``this
section''. | Amends the Public Health Service Act to extend through FY2012 the current authorization of appropriations for the national public awareness campaign for gynecologic cancers (Johanna's law). Authorizes appropriations in subsequent fiscal years at levels necessary to carry out such campaign.
Requires the Secretary of Health and Human Services (HHS) to: (1) collaborate with nonprofit gynecologic cancer organizations to determine the best practices for providing gynecologic cancer information and outreach services to varied populations; and (2) make grants to nonprofit private entities to carry out demonstration projects to test outreach and education strategies to increase the awareness and knowledge of women and health care providers regarding gynecologic cancers. | {"src": "billsum_train", "title": "A bill to reauthorize and enhance Johanna's Law to increase public awareness and knowledge with respect to gynecologic cancers."} | 1,049 | 160 | 0.676628 | 1.962506 | 0.686425 | 3.016393 | 7.344262 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Human Rights Sanctions Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Iran voted in the United Nations General Assembly on
December 10, 1948, to adopt the Universal Declaration of Human
Rights, thereby committing to guarantee the ``life, liberty,
and security of person'' of all people and rejecting ``cruel,
inhuman, or degrading treatment or punishment''.
(2) The Constitution of the Islamic Republic of Iran
guarantees certain human rights and fundamental freedoms,
including political and civil rights, along with economic,
social, and cultural rights, including a prohibition on torture
and a guarantee of sentencing according to the law.
(3) The Islamic Republic of Iran is a party to 4 major
United Nations human rights treaties: the Convention on the
Rights of the Child (which it ratified on July 13, 1994), the
International Convention on the Elimination of All Forms of
Racial Discrimination (which it ratified on August 29, 1968),
and the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural
Rights (both of which it ratified on June 24, 1975).
(4) The Government of the Islamic Republic of Iran is
violating its international and constitutional obligations to
respect the human rights and fundamental freedoms of its
citizens, including by--
(A) using torture and cruel, inhuman, or degrading
treatment or punishment, including flogging, and
amputations;
(B) carrying out an increasingly high rate of
executions in the absence of internationally recognized
safeguards, including public executions and executions
of juvenile offenders;
(C) using stoning as a method of execution and
maintaining a high number of persons in prison who
continue to face sentences of execution by stoning;
(D) carrying out arrests, violent repression, and
sentencing of women exercising their right to peaceful
assembly, a campaign of intimidation against women's
rights defenders, and continuing discrimination against
women and girls;
(E) permitting or carrying out increasing
discrimination and other human rights violations
against persons belonging to religious, ethnic,
linguistic, or other minorities;
(F) imposing ongoing, systematic, and serious
restrictions of freedom of peaceful assembly and
association and freedom of opinion and expression,
including the continuing closures of media outlets,
arrests of journalists, and the censorship of
expression in online forums such as blogs and websites;
and
(G) imposing severe limitations and restrictions on
freedom of religion and belief, including by carrying
out arbitrary arrests, indefinite detentions, and
lengthy jail sentences for those exercising their
rights to freedom of religion or belief and proposing a
provision in a draft penal code that sets out a
mandatory death sentence for apostasy, the abandoning
of one's faith.
(5) On June 19, 2009, the United Nations High Commissioner
for Human Rights expressed concerns about the increasing number
of arrests not in conformity with the law and the illegal use
of excessive force in responding to protests following the June
12, 2009, elections in Iran, resulting in at least dozens of
deaths and hundreds of injuries.
(6) On August 1, 2009, authorities in the Islamic Republic
of Iran began a mass trial of more than 100 individuals in
connection with election protests, most of whom were held for
weeks, in solitary confinement, with little or no access to
their lawyers or families, and many of whom showed signs of
torture or abuse.
(7) The Supreme Leader of Iran issued a statement on
October 28, 2009, effectively criminalizing dissent in the
aftermath of the national election of June 12, 2009.
(8) On November 4, 2009, security forces in the Islamic
Republic of Iran used brutal force to disperse thousands of
protesters, resulting in a number of injuries and arrests, in
violation of international standards regarding the
proportionate use of force against peaceful demonstrations.
(9) At least 8 citizens of Iran were killed and an
undetermined number were injured on December 27, 2009, when
security forces of the Islamic Republic of Iran violently broke
up peaceful gatherings during the Ashura holiday.
(10) The Government of the Islamic Republic of Iran has
recently sentenced numerous Iranian citizens to death without
due process for politicized crimes relating to the peaceful
demonstrations that followed the June 12, 2009, elections,
including ``waging war against God'', and has begun carrying
out those execution sentences, including the death by hanging
of 2 individuals on January 28, 2010.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN
HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR
THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, ELECTIONS
IN IRAN.
(a) In General.--Except as provided in subsections (d) and (e), the
President shall impose sanctions described in subsection (c) with
respect to each person on the list required by subsection (b).
(b) List of Persons Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons who are
citizens of Iran that the President determines are complicit in
human rights abuses committed against citizens of Iran or their
family members on or after June 12, 2009, regardless of whether
such abuses occurred in Iran.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) periodically and as new information becomes
available.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the
websites of the Department of the Treasury and the Department
of State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Iran, that monitor the human rights
abuses of the Government of Iran.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Visa ban.--Ineligibility for a visa to enter the United
States.
(2) Financial sanctions.--Sanctions authorized under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), including blocking of property and restrictions or
prohibitions on financial transactions and the exportation and
importation of property.
(d) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations, signed June
26, 1947, and entered into force November 21, 1947, and other
applicable international agreements.
(e) Waiver.--The President may waive the requirement to impose or
maintain sanctions with respect to a person under subsection (a) or the
requirement to include a person on the list required by subsection (b)
if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
(f) Termination of Sanctions.--The provisions of this section shall
cease to have force and effect on the date on which the President
determines and certifies to the appropriate congressional committees
that the Government of Iran has--
(1) unconditionally released all political prisoners,
including the citizens of Iran detained in the aftermath of the
June 12, 2009, presidential election in Iran;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Iran while engaging in
peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Iran and prosecuted those responsible.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in section 14(2) of the Iran Sanctions Act of 1996 (Public
Law 104-172; 50 U.S.C. 1701 note). | Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran.
Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list.
Authorizes the President to: (1) not apply such sanctions in order to permit U.S. compliance with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations and other international agreements; and (2) waive such sanctions if in the U.S. national interest.
Terminates sanctions upon presidential certification to Congress that the government of Iran has: (1) released all political prisoners; (2) ceased its practices of violence and abuse of Iranian citizens engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings and abuse of peaceful political activists in Iran and prosecuted those responsible. | {"src": "billsum_train", "title": "A bill to impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran, and for other purposes."} | 1,804 | 254 | 0.497275 | 1.520163 | 0.642225 | 4.6625 | 7.0875 | 0.945833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Child Pornographers and
Predators Act''.
SEC. 2. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN.
Chapter 71 of title 18, United States Code, is amended--
(1) by inserting after section 1466 the following:
``Sec. 1466A. Obscene visual depictions of young children
``(a) Whoever, in a circumstance described in subsection (d),
knowingly produces, distributes, receives, or possesses with intent to
distribute a visual depiction that is that of a pre-pubescent child
engaging in sexually explicit conduct, or attempts or conspires to do
so, shall be subject to the penalties set forth in section 2252A(b)(1),
including the penalties provided for cases involving a prior
conviction.
``(b) Whoever, in a circumstance described in subsection (d),
knowingly possesses a visual depiction that is that of a pre-pubescent
child engaging in sexually explicit conduct, or attempts or conspires
to do so, shall be subject to the penalties set forth in section
2252A(b)(2), including the penalties provided for cases involving a
prior conviction.
``(c) For purposes of this section--
``(1) the term `visual depiction' includes undeveloped film
and videotape, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image, and also includes any photograph, film, video, or
picture, whether made or produced by electronic, mechanical, or
other means;
``(2) the term `pre-pubescent child' means that (A) the
child, as depicted, is one whose physical development indicates
the child is 12 years of age or younger; or (B) the child, as
depicted, does not exhibit significant pubescent physical or
sexual maturation; and
``(3) the term `sexually explicit conduct' has the meaning
set forth in section 2256(2).
``(d) The circumstance referred to in subsections (a) and (b) is
that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(3) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(4) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
``(e) In a case under subsection (b), it is an affirmative defense
that the defendant--
``(1) possessed less than three such images; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof--
``(A) took reasonable steps to destroy each such
image; or
``(B) reported the matter to a law enforcement
agency and afforded that agency access to each such
image.''.
SEC. 3. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST
MINORS.
Chapter 71 of title 18, United States Code, is amended--
(1) by inserting at the end the following:
``Sec. 1471. Use of obscene material or child pornography to facilitate
offenses against minors
``(a) Whoever, in any circumstance described in subsection (c),
knowingly and with the intention to facilitate a sexual offense against
a minor--
``(1) provides or shows to a person below the age of 16
years any visual depiction that is of a pre-pubescent child
engaging in sexually explicit conduct, any obscene matter, or
any child pornography; or
``(2) provides or shows any obscene matter or child
pornography, or any visual depiction that is that of a pre-
pubescent child engaging in sexually explicit conduct, or any
other material assistance to any person in connection with any
conduct, or any attempt, incitement, solicitation, or
conspiracy to engage in any conduct, that involves a minor and
that violates chapter 109A, 110, or 117, or that would violate
chapter 109A if the conduct occurred in the special maritime
and territorial jurisdiction of the United States,
shall be subject to the penalties set forth in section 2252A(b)(1),
including the penalties provided for cases involving a prior
conviction.
``(b) For purposes of this section--
``(1) the term `child pornography' has the meaning set
forth in section 2256(8);
``(2) the terms `visual depiction' and `pre-pubescent
child' have the meanings respectively set forth for those terms
in section 1466A(c); and
``(3) the term `sexually explicit conduct' has the meaning
set forth in section 2256(2).
``(c) The circumstance referred to in subsection (a) is that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(3) any visual depiction or obscene matter involved in
the offense has been mailed, or has been shipped or transported
in interstate or foreign commerce by any means, including by
computer, or was produced using materials that have been
mailed, or that have been shipped or transported in interstate
or foreign commerce by any means, including by computer; or
``(4) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.''; and
(2) in the table of chapters at the beginning of the
chapter, by inserting at the end the following:
``1471. Use of obscene material or child pornography to facilitate
offenses against minors.''.
SEC. 4. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR
DISTRIBUTION IN THE UNITED STATES.
Section 2251 is amended--
(1) by striking ``subsection (d)'' each place it appears in
subsections (a), (b), and (c) and inserting ``subsection (e)'';
(2) by redesignating subsections (c) and (d), respectively,
as subsections (d) and (e); and
(3) by inserting after subsection (b) a new subsection (c)
as follows:
``(c)(1) Any person who, in a circumstance described in paragraph
(2), employs, uses, persuades, induces, entices, or coerces any minor
to engage in, or who has a minor assist any other person to engage in,
any sexually explicit conduct outside of the United States, its
possessions and Territories, for the purpose of producing any visual
depiction of such conduct, shall be punished as provided under
subsection (e).
``(2) The circumstance referred to in paragraph (1) is that
the person transports such visual depiction to, or otherwise
makes it available within, the United States, its possessions,
or territories, by any means including by computer or mail.''.
SEC. 5. IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST CHILDREN.
Section 3559 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(e) Up to Life Imprisonment for Repeated Sex Offenses Against
Children.--
``(1) In general.--A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to up to life imprisonment if the person has a prior sex
conviction in which a minor was the victim.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `Federal sex offense' means--
``(i) an offense under section 1466A
(obscene visual depictions of young children),
1471 (use of obscene material or child
pornography to facilitate offense against a
child), 2241 (relating to aggravated sexual
abuse), 2242 (relating to sexual abuse),
2243(a) (relating to sexual abuse of a minor),
2244(a)(1) or (2) (relating to abusive sexual
contact), 2245 (relating to sexual abuse
resulting in death), 2251 (extraterrestrial
production of child pornography), or 2251A
(relating to selling or buying of children); or
``(ii) an offense under section 2423(a)
(relating to transportation of minors)
involving prostitution or sexual activity
constituting a State sex offense;
``(B) the term `State sex offense' means an offense
under State law that consists of conduct that would be
a Federal sex offense if, to the extent or in the
manner specified in the applicable provision of this
title--
``(i) the offense involved interstate or
foreign commerce, or the use of the mails; or
``(ii) the conduct occurred in any
commonwealth, territory, or possession of the
United States, within the special maritime and
territorial jurisdiction of the United States,
in a Federal prison, on any land or building
owned by, leased to, or otherwise used by or
under the control of the Government of the
United States, or in the Indian country (as
defined in section 1151);
``(C) the term `prior sex conviction' means a
conviction for which the sentence was imposed before
the conduct occurred constituting the subsequent
Federal sex offense, and which was for a Federal sex
offense or a State sex offense;
``(D) the term `minor' means an individual who has
not attained the age of 17 years; and
``(E) the term `State' has the meaning given that
term in subsection (c)(2).''. | Stop Child Pornographers and Predators Act - Amends the federal criminal code to: (1) prohibit the production, distribution, receipt, or possession of visual depictions of prepubescent children (age 12 or younger) engaging in sexually explicit conduct; (2) prohibit the use of pornographic materials to facilitate sex offenses against minors; (3) ban the distribution in the United States of child pornography produced outside the United States; and (4) increase criminal penalties for sex offenders who have a prior sex conviction involving a minor. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to protect our children from child pornographers."} | 2,425 | 122 | 0.494645 | 1.207923 | 0.639352 | 2.3 | 22.27 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Customer Service
Improvement Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency''--
(A) means an Executive agency (as defined under
section 105 of title 5, United States Code) that
provides significant services directly to the public or
other entity; and
(B) does not include an Executive agency if the
President determines that this Act should not apply to
the Executive agency for national security reasons.
(2) Customer.--The term ``customer'', with respect to an
agency, means any individual or entity that is directly served
by an agency.
SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS.
(a) Government-Wide Standards.--
(1) In general.--The Director of the Office of Management
and Budget shall develop Government-wide standards for customer
service delivery, which shall be included in the Federal
Government Performance Plan required under section 1115 of
title 31, United States Code.
(2) Requirements.--The standards developed under paragraph
(1) shall include--
(A) Government-wide goals for continuous service
improvements and efforts to modernize service delivery;
and
(B) where appropriate, Government-wide target
response times for telephone calls, electronic mail,
mail, benefit processing, and payments.
(b) Agency Standards.--
(1) In general.--The Chief Performance Officer for each
agency shall establish customer service standards in accordance
with the Government-wide standards established under subsection
(a), which shall be included in the Agency Performance Plans
required under section 1115 of title 31, United States Code.
(2) Requirements.--Agency standards established under
paragraph (1) shall include, if appropriate--
(A) target call wait times during peak and non-peak
hours;
(B) target response times for correspondence, both
by mail and electronic mail;
(C) procedures for ensuring all applicable metrics
are incorporated into service agreements with
nongovernmental individuals and entities;
(D) target response times for processing benefits
and making payments; and
(E) recommendations for effective publication of
customer service contact information, including a
mailing address, telephone number, and email address.
(c) Customer Service Input.--The Performance Improvement Officer
for each agency shall collect information from customers of the agency
regarding the quality of customer service provided by the agency. Each
agency shall include the information collected under this subsection in
the performance report made available by the agency under section 1116
of title 31, United States Code.
(d) Annual Performance Update.--The Director of the Office of
Management and Budget shall include achievements by agencies in meeting
the customer service performance measures and standards developed under
subsection (a) in each update on agency performance required under
section 1116 of title 31, United States Code.
SEC. 4. SERVICE IMPROVEMENT UNIT PILOT PROGRAM.
(a) Established.--The Director of the Office of Management and
Budget shall establish a pilot program, to be known as the Service
Improvement Unit Pilot Program (in this section referred to as the
``pilot program''), to provide assistance to agencies that do not meet
the Government-wide standards established under section 3.
(b) Personnel.--The heads of agencies with expertise in change
management, process improvement, and information technology innovation
shall detail employees to the Office of Management and Budget to work
on the pilot program, based on the expertise and skills required to
address service improvement goals.
(c) Responsibilities.--Under the pilot program, the Office of
Management and Budget shall work with agencies that are not meeting the
customer service standards and performance measures established under
section 3 to improve and modernize service delivery to develop
solutions, including--
(1) evaluating the efforts of the agency to improve service
delivery;
(2) developing a plan to improve within existing resources
and by drawing on expertise and assistance from other agencies
(including the Office of Management and Budget) where
necessary;
(3) monitoring implementation by the agency of the plan
developed under paragraph (2) until the customer service
standards and performance measures are met; and
(4) submitting to the Director of the Office of Management
and Budget monthly reports on the progress being made to
improve service at the agency until the customer service
standards are met.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
submit to Congress a report on the accomplishments and outcomes of the
pilot program and any recommendations relating to achieving the
customer service standards and performance measures established under
section 3.
(e) Support.--The Administrator of General Services shall provide
administrative and other support in order to implement the pilot
program under this section. The heads of agencies shall, as appropriate
and to the extent permitted by law, provide at the request of the
Director of the Office of Management and Budget up to 2 personnel
authorizations who have expertise in change management, process
improvement, and information technology innovation to support the pilot
program.
(f) Termination.--The authority to carry out the pilot program
shall terminate 2 years after the date of enactment of this Act.
SEC. 5. RETIREMENT REPORTING.
(a) Definition.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code.
(b) Reports.--
(1) In general.--Except as provided in paragraph (2) and
not later than 30 days after the date of enactment of this Act,
and every month thereafter, the Director of the Office of
Personnel Management shall submit to Congress and the
Comptroller General of the United States, and issue publicly
(including on the Web site of the Office of Personnel
Management), a report that--
(A) for each agency, evaluates the timeliness,
completeness, and accuracy of information submitted by
the agency relating to employees of the agency who are
retiring; and
(B) indicates--
(i) the total number of applications for
retirement benefits, lump sum death benefits,
court ordered benefits, phased retirement, and
disability retirement that are pending action
by the Office of Personnel Management; and
(ii) the number of months each such
application has been pending.
(2) Suspension of reporting requirement.--Paragraph (1)
shall not apply to the Director of the Office of Personnel
Management for any month immediately following a 3-year period
in which there are no applications described in paragraph
(1)(B) that have been pending for more than 60 days.
(c) Modernization Timeline.--The Director of the Office of
Personnel Management shall establish--
(1) a timetable for the completion of each component of the
retirement systems modernization project of the Office of
Personnel Management, including all data elements required for
accurate completion of adjudication; and
(2) the date by which all Federal payroll processing
entities will electronically transmit all personnel data to the
Office of Personnel Management.
(d) Budget Request.--The Office of Personnel Management shall
include a detailed statement regarding the progress of the Office of
Personnel Management in completing the retirement systems modernization
project of the Office of Personnel Management and recommendations to
Congress regarding the additional resources needed to fully implement
the retirement systems modernization project of the Office of Personnel
Management in each budget request of the Office of Personnel Management
submitted as part of the preparation of the budget of the President
submitted to Congress under section 1105(a) of title 31, United States
Code.
SEC. 6. NO INCREASE IN EXPENDITURES.
It is the sense of Congress that no additional funds should be
appropriated to carry out this Act. | Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Chief Performance Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in Agency Performance Plans; (2) the Performance Improvement Officer for each agency to collect information from customers of the agency regarding the quality of customer service provided; and (3) the Director to include agency achievements in meeting such standards and customer service performance measures in each required update on agency performance. Requires: (1) the Director to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide standards, and (2) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency regarding its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's retirement systems modernization project and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each annual budget request a statement on OPM's progress in completing such project and resources needed to implement it. | {"src": "billsum_train", "title": "Government Customer Service Improvement Act of 2013"} | 1,631 | 371 | 0.660602 | 2.127124 | 0.885302 | 4.093484 | 4.484419 | 0.949008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lost Creek Land Exchange Act of
1996''.
SEC. 2. LAND EXCHANGE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
shall acquire by exchange certain land and interests in land owned by
R-Y Timber, Inc., its successors and assigns or affiliates (referred to
in this Act as ``R-Y''), located in the Lost Creek area and other areas
of the Deerlodge National Forest, Montana.
(b) Offer and Acceptance of Land.--
(1) Non-federal land.--If R-Y offers fee title that is
acceptable to the United States to approximately 17,567 acres
of land owned by R-Y and available for exchange, the Secretary
shall accept a warranty deed to the land.
(2) Federal land.--
(A) Conveyance.--On acceptance by the Secretary of
title to R-Y's land under paragraph (1), the Secretary
of the Interior shall convey to R-Y, subject to
reservations and valid existing rights--
(i) by patent, fee title to approximately
3,605 acres in the Deerlodge National Forest;
and
(ii) by timber deed, the right to harvest
approximately 46,628,000 board feet of timber
on certain land in the Deerlodge National
Forest, Helena National Forest, and Lewis &
Clark National Forest.
(B) Timber harvest provisions.--
(i) Practices.--Timber harvest practices
used on the national forest land described in
subparagraph (A)(ii) shall be conducted in
accordance with Montana Forestry Best
Management Practices, the Montana Streamside
Zone Management Law (Mont. Code Ann. sec. 77-5-
301 et seq.), and all other applicable laws of
the State of Montana.
(ii) Relation to planned sales.--The timber
harvest volume described in subparagraph
(A)(ii) shall be in addition to, and not
treated in any way as an offset against, the
present or future planned timber sale
quantities for the Deerlodge National Forest,
Helena National Forest, and Lewis & Clark
National Forest.
(iii) Timber designations.--
(I) Contract.--To ensure the
expeditious and efficient designation
of the timber described in subparagraph
(A)(ii), the Forest Service shall
contract with a qualified private
person agreed on by the Secretary and
R-Y to perform the field work
associated with the designations.
(II) Minimum annual designations.--
Not less than 20 percent nor more than
30 percent of the timber described in
subparagraph (A)(ii) shall be made
available by the end of each fiscal
year over a 5-year period beginning
with the first fiscal year that begins
after the date of enactment of this
Act, and R-Y shall be allowed at least
5 years after the end of each fiscal
year in which to complete the harvest
of timber designated in that fiscal
year.
(c) Title.--
(1) Review of title.--Not later than 30 days after receipt
of title documents from R-Y, the Secretary shall review the
title for the non-Federal land described in subsection (b) and
determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied or the quality of title
is otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents
have been received and approved; and
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary.
(2) Unacceptable quality of title.--If the quality of title
does not meet Federal standards and is not otherwise acceptable
to the Secretary, the Secretary shall advise R-Y regarding
corrective actions necessary to make an affirmative
determination.
(3) Conveyance of title.--The Secretary, acting through the
Secretary of the Interior, shall effect the conveyance of land
described in subsection (b) not later than 60 days after the
Secretary has made an affirmative determination of quality of
title.
SEC. 3. GENERAL PROVISIONS.
(a) Maps and Documents.--
(1) In general.--Maps pertaining to the land described in
section 2 are subject to such minor corrections as may be
agreed upon by the Secretary and R-Y.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives of any corrections
made pursuant to this subsection.
(3) Public availability.--The maps and documents described
in section 2(b) (1) and (3) shall be on file and available for
public inspection in the office of the Chief of the Forest
Service.
(b) National Forest System Land.--All land conveyed to the United
States under this Act shall be added to and administered as part of the
Deerlodge National Forest in accordance with the laws pertaining to the
National Forest System.
(c) Valuation.--The values of the lands and interests in land to be
exchanged under this Act are deemed to be of approximately equal value.
(d) Hazardous Material Liability.--The United States (including its
departments, agencies, and employees) shall not be liable under the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.),
or any other Federal, State, or local law, solely as a result of the
acquisition of an interest in the Lost Creek Tract or due to
circumstances or events occurring before acquisition, including any
release or threat of release of a hazardous substance. | Lost Creek Land Exchange Act of 1996 - Directs the Secretary of Agriculture to acquire certain land and interests in land owned by R-Y Timber, Inc., located in the Lost Creek area and other areas of the Deerlodge National Forest, Montana, in exchange for specified lands in the Deerlodge National Forest and the right to harvest specified amounts of timber on certain land in the Deerlodge, Helena, and Lewis and Clark National Forests.
Directs that: (1) timber harvest practices used on such National Forest lands be conducted in accordance with applicable Montana law and be in addition to the present or future planned timber sale quantities for such Forests; and (2) the Forest Service enter a contract with a qualified private person agreed on by the Secretary and R-Y to perform the field work associated with the designations.
Sets forth provisions regarding: (1) minimum annual designations of timber harvest; and (2) review, standards for quality, and conveyance of title.
Specifies that all land conveyed to the United States under this Act shall be added to and administered as part of the Deerlodge National Forest. Deems the values of the lands and interests exchanged under this Act to be of approximately equal value.
Shields the United States from liability as a result of the acquisition of an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of a hazardous substance. | {"src": "billsum_train", "title": "Lost Creek Land Exchange Act of 1996"} | 1,280 | 316 | 0.73447 | 2.338218 | 0.813888 | 5.121429 | 4.096429 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Metropolis National Heritage
Area Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Black Metropolis area on Chicago, Illinois' South
Side has a cohesive and distinctive history as well as an
important streetscape that distinguishes the area as worthy of
designation as a National Heritage Area.
(2) The historic features of Chicago's Black Metropolis
predate the Great Migration of 1916-1919 and illustrate its
influence on African-American life in Chicago and the Nation as
a result of this demographic phenomenon in which 500,000
African-Americans migrated to the North in search of work and
other opportunities, with 50,000 of that aggregate relocating
in Chicago.
(3) The Black Metropolis, as a setting, witnessed some of
the finest accomplishments in African-American contributions to
Chicago, the State of Illinois, and the Nation, while its
legally and socially proscribed citizens challenged their
environment and their Nation to fulfill its promise as a place
of opportunity for all.
(4) These contributions and accomplishments fall into the
following main categories:
(A) Business and entrepreneurial pursuits.--With
State Street developing as the Black Metropolis' ``Wall
Street'', the area produced two of the largest Black
banking operations in the Nation in the Binga State and
Douglass National Banks and scores of smaller
businesses ranging from print shops to restaurants to
clothing stores to hair salons and barbershops.
(B) Culture and aesthetics.--The area emerged as a
musical mecca ranging from jazz to gospel to delta and
urban blues to rhythm and blues and was home for
institutions such as the George Cleveland Hall Branch
Library, which nurtured literary giants such as
Langston Hughes, the South Side Community Arts Center,
and the DuSable Museum of African American History and
Culture.
(C) Education.--The area includes the first public
secondary school in the State of Illinois built
specifically to accommodate the educational needs of
African-American students, which opened in 1934 at 4934
South Wabash Avenue and was named in honor of Chicago's
first non-native inhabitant and trader, Jean Baptiste
Pointe du Sable, a Black man from Haiti, and whose
illustrious graduates include Nat ``King'' Cole and
Chicago Mayor Harold Washington.
(D) Governance and politics.--From its political
bases in the area's Second Ward and the First
Congressional District, Chicago's Black Metropolis
proved itself a political center for all African-
Americans, producing the first African-American to sit
in Congress in the 20th century, the Honorable Oscar
DePriest, as well as the first African-American
Democratic congressman, the Honorable Arthur W.
Mitchell, succeeded by Honorable William L. Dawson, the
Honorable Ralph H. Metcalfe, the Honorable Bennett M.
Stewart, and the Honorable Harold Washington, later the
city's first elected African-American mayor, and the
Honorable Charles A. Hayes.
(E) Health care.--The area includes Provident
Hospital, founded in 1891 by the brilliant African-
American surgeon Dr. Daniel Hale Williams and site of
the first successful suturing of the human heart by Dr.
Williams in 1893.
(F) Labor.--The area was home to millions of
unskilled and semi-skilled African-American workers,
including the packinghouse workers who arrived during
the Great Migration and constituted 25 percent of the
stockyards work force during World War I, and the
Pullman porters who represented a full 20 percent of
the Nation's African-American workforce during the
early 1900s.
(G) Military life and patriotism.--African-American
men enlisted in the Union Army on the grounds of Camp
Douglass within the Black Metropolis area as part of
the 29th Infantry Regiment of the United States Colored
Troops, and a generation later trained at the Eighth
Regiment Armory nearby before embarking for France as
part of what President Wilson referred to as the great
crusade to ``make the world safe for democracy'' during
World War I.
(H) Recreation and competitive sports.--Early on,
the Nation's most popular sports (baseball, boxing,
football, track and basketball) enjoyed support from
the Black Metropolis' population and drew participants
who earned widespread recognition such as Rube Foster,
a native Chicagoan, who founded the Negro Baseball
League and its local team, the American Giants.
(I) Religion and church activism.--The area
includes Quinn Chapel African Methodist Episcopal
(A.M.E) Church, an antebellum center of abolitionist
activity, and a major station on the Underground
Railroad, and with emancipation, there was another
religious movement to provide and protect the civil
rights of all citizens led by Black Metropolis churches
such as Quinn Chapel and Bethel A.M.E.
(J) Social justice and civil rights.--It was from
within the Black Metropolis area in the early 20th
century that Ida B. Wells-Barnett waged her crusade for
justice for African-Americans and women and worked to
establish the first National Association for the
Advancement of Colored People branch in that group's
national network in 1912.
(K) Streetscapes.--The area includes many historic
locations, including those along State Street and 35th
Street, ranging from the Overton Hygienic Manufacturing
Building at 3617 South State Street and the Chicago Bee
Building at 3647 South State Street (both designated as
Chicago City Landmarks) to Liberty Life Insurance
Company at 3501 South Parkway and a monument and park
dedicated to United States Senator Stephen Douglas
(designated as a State Landmark) at Lake Park Avenue
and 35th Street, green and public spaces, stretching
from Chicago's lakefront to historic park and boulevard
systems to the West, and is now the proposed site for
the 2016 Olympics in the City of Chicago's bid to host
this event.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Black Metropolis National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means the region
bounded as follows:
(A) 18th Street on the North and 22nd Street on the
South, from Lake Michigan on the East to Wentworth
Avenue to the West.
(B) 22nd Street on the North to 35th Street on the
South, from Lake Michigan on the East to the Dan Ryan
Expressway on the West.
(C) 35th Street on the North and 47th Street on the
South, from Lake Michigan on the East to the B&O
Railroad (Stewart Avenue) on the West.
(D) 47th Street on the North to 55th Street on the
South, from Cottage Grove Avenue on the East to the Dan
Ryan Expressway on the West.
(E) 55th Street on the North to 67th Street on the
South, from State Street on the West to Cottage Grove
Avenue/South Chicago Avenue on the East.
(F) 67th Street on the North to 71st Street on the
South, from Cottage Grove Avenue/South Chicago Avenue
on the West to the Metra Railroad tracks on the East.
SEC. 4. BLACK METROPOLIS NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary, in consultation with the managers
of any Federal land within the Heritage Area, appropriate State and
local governmental agencies, and any interested organizations, shall
conduct a study to determine the feasibility of designating the study
area as the Black Metropolis National Heritage Area.
(b) Requirements.--The study shall include analysis, documentation,
and determinations on whether--
(1) the study area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources that together are nationally important to the
heritage of the United States;
(B) represents distinctive aspects of the heritage
of the United States worthy of recognition,
conservation, interpretation, and continuing use;
(C) is best managed through agreements between
public and private entities at the local or regional
level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational and
educational opportunities; and
(G) has resources and traditional uses that have
national importance;
(2) residents, business interests, nonprofit organizations,
the Federal Government (including relevant Federal land
management agencies), and State, local, and tribal governments
within the study area--
(A) are involved in the planning; and
(B) have demonstrated significant support through
letters and other means for designation and management
of the Heritage Area; and
(3) the study area has been identified and supported by the
public, private business, and local and State agencies.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
made available to carry out the this Act, the Secretary shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
that describes the findings, conclusions, and recommendations of the
Secretary with respect to the study. | Black Metropolis National Heritage Area Study Act - Directs the Secretary of the Interior to study the feasibility of designating a specified region in Chicago, Illinois, as the Black Metropolis National Heritage Area. | {"src": "billsum_train", "title": "Black Metropolis National Heritage Area Study Act"} | 2,053 | 43 | 0.47121 | 1.372271 | 0.303291 | 3.666667 | 52.416667 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National African American Museum
Act''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that--
(1) the presentation and preservation of African American
life, art, history, and culture within the National Park System
and other Federal entities is inadequate;
(2) the inadequate presentation and preservation of African
American life, art, history, and culture seriously restricts
the ability of the people of the United States, particularly
African Americans, to understand themselves and their past;
(3) African American life, art, history, and culture
includes the varied experiences of Africans in slavery and
freedom and the continued struggles for full recognition of
citizenship and treatment with human dignity;
(4) in enacting Public Law 99-511, the Congress encouraged
support for the establishment of a commemorative structure
within the National Park System, or on other Federal lands,
dedicated to the promotion of understanding, knowledge,
opportunity, and equality for all people;
(5) the establishment of a national museum and the
conducting of interpretive and educational programs, dedicated
to the heritage and culture of African Americans, will help to
inspire and educate the people of the United States regarding
the cultural legacy of African Americans and the contributions
made by African Americans to the society of the United States;
and
(6) the Smithsonian Institution operates 15 museums and
galleries, a zoological park, and 5 major research facilities,
none of which is a national institution devoted solely to
African American life, art, history, or culture.
SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a Museum, which shall be known as the ``National African
American Museum''.
(b) Purpose.--The purpose of the Museum is to provide--
(1) a center for scholarship relating to African American
life, art, history, and culture;
(2) a location for permanent and temporary exhibits
documenting African American life, art, history, and culture;
(3) a location for the collection and study of artifacts
and documents relating to African American life, art, history,
and culture;
(4) a location for public education programs relating to
African American life, art, history, and culture; and
(5) a location for training of museum professionals and
others in the arts, humanities, and sciences regarding museum
practices related to African American life, art, history, and
culture.
SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN AMERICAN
MUSEUM.
The Board of Regents is authorized to plan, design, reconstruct,
and renovate the Arts and Industries building of the Smithsonian
Institution to house the Museum.
SEC. 5. BOARD OF TRUSTEES OF MUSEUM.
(a) Establishment.--There is established in the Smithsonian
Institution the Board of Trustees of the National African American
Museum.
(b) Composition and Appointment.--
(1) In general.--The Board of Trustees shall be composed of
23 members, appointed as follows:
(A) The Secretary of the Smithsonian Institution
who shall serve as an ex officio member of the Board of
Trustees.
(B) An Assistant Secretary of the Smithsonian
Institution, designated by the Board of Regents.
(C) 1 Member of the House of Representatives
appointed by the Speaker of the House from among the
Speaker, Majority Leader, Minority Leader, Majority
Whip or Minority Whip of the House of Representatives.
(D) 1 Member of the Senate appointed by the
Majority Leader of the Senate from among the President
pro tempore, Majority Leader, Minority Leader, Majority
Whip or Minority Whip of the Senate.
(E) 5 individuals appointed by the Secretary of the
Smithsonian Institution.
(F) 6 individuals appointed by the Smithsonian
Board of Regents from among individuals nominated by
the Congressional Black Caucus.
(G) 4 individuals appointed by the Board of Regents
from among individuals nominated by the Board of the
African American Museum Association.
(H) 4 individuals appointed by the Board of
Regents.
(2) Initial appointment special rule.--The Board of Regents
shall make the first appointments pursuant to paragraph (1)(H)
from among the members of the initial Board of Trustees and
pursuant to nominations received from the African American
Institutional Study Advisory Committee of the Smithsonian
Institution.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2),
members of the Board of Trustees shall be appointed for terms
of 3 years. Members of the Board of Trustees may be
reappointed.
(2) Staggered terms.--The terms of 7 of the members
initially appointed under subparagraphs (C), (E), and (G) of
subsection (b)(1), as determined by the Board of Regents, shall
expire at the end of the 1-year period beginning on the date of
appointment. The terms of 7 of the members initially appointed
under subparagraphs (D), (F), and (H) of subsection (b)(1), as
determined by the Board of Regents, shall expire at the end of
the 2-year period beginning on the date of appointment. The
terms of the remaining 7 members initially appointed under
subparagraphs (C) through (H) of subsection (b)(1) shall expire
at the end of the 3-year period beginning on the date of
appointment.
(d) Vacancies.--A vacancy on the Board of Trustees shall not affect
its powers and shall be filled in the manner in which the original
appointment was made. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor of the
member was appointed shall be appointed for the remainder of the term.
(e) Noncompensation.--Except as provided in subsection (f), members
of the Board of Trustees shall serve without pay.
(f) Expenses.--Members of the Board of Trustees shall receive per
diem, travel, and transportation expenses for each day, including
traveltime, during which they are engaged in the performance of the
duties of the Board of Trustees in accordance with section 5703 of
title 5, United States Code, with respect to employees serving
intermittently in the Government service.
(g) Chairperson.--The Board of Trustees shall elect a chairperson
by a majority vote of the members of the Board of Trustees.
(h) Meetings.--The Board of Trustees shall meet at the call of the
chairperson or upon the written request of a majority of its members,
but shall meet not less than 2 times each fiscal year.
(i) Quorum.--A majority of the Board of Trustees shall constitute a
quorum for purposes of conducting business, but a lesser number may
receive information on behalf of the Board of Trustees.
(j) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Board of Trustees may accept
for the Board of Trustees voluntary services provided by a member of
the Board of Trustees.
SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM.
(a) In General.--The Board of Trustees shall--
(1) recommend annual budgets for the Museum;
(2) consistent with the general policy established by the
Board of Regents, have the sole authority to--
(A) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by such disposition are used for
additions to the collections of the Museum or for
additions to the endowment of the Museum;
(B) subject to the availability of funds and the
provisions of annual budgets of the Museum, purchase,
accept, borrow, or otherwise acquire artifacts and
other property for addition to the collections of the
Museum;
(C) establish policy with respect to the
utilization of the collections of the Museum; and
(D) establish policy regarding programming,
education, exhibitions, and research, with respect to
the life and culture of African Americans, the role of
African Americans in the history of the United States,
and the contributions of African Americans to society;
(3) consistent with the general policy established by the
Board of Regents, have authority to--
(A) provide for restoration, preservation, and
maintenance of the collections of the Museum;
(B) solicit funds for the Museum and determine the
purposes to which those funds shall be used;
(C) approve expenditures from the endowment of the
Museum, or of income generated from the endowment, for
any purpose of the Museum; and
(D) consult with, advise, and support the Director
in the operation of the Museum;
(4) establish programs in cooperation with other African
American museums, historically black colleges and universities,
historical societies, educational institutions, cultural and
other organizations for the education and promotion of
understanding regarding African American life, art, history,
and culture;
(5) support the efforts of other African American museums,
historically black colleges and universities, cultural and
other organizations to educate and promote understanding
regarding African American life, art, history, and culture,
including--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections;
(C) participation in the training of museum
professionals; and
(D) creating opportunities for--
(i) research fellowships; and
(ii) professional and student internships;
(6) adopt bylaws to carry out the functions of the Board of
Trustees; and
(7) report annually to the Board of Regents on the
acquisition, disposition, and display of African American
objects and artifacts and on other matters the Board of
Trustees deems appropriate.
SEC. 7. DIRECTOR AND STAFF.
(a) In General.--The Secretary of the Smithsonian Institution, in
consultation with the Board of Trustees, shall appoint and fix the
compensation and duties of a Director, Assistant Director, Secretary,
and Chief Curator of the Museum and any other officers and employees
necessary for the operation of the Museum and the carrying out of the
duties of the Board. The Director, Assistant Director, Secretary, and
Chief Curator shall be qualified through experience and training to
perform the duties of their offices.
(b) Applicability of Certain Civil Service Laws.--The Secretary of
the Smithsonian Institution may--
(1) appoint the Director and 5 employees under subsection
(a), without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(2) fix the pay of the Director and such 5 employees,
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.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``Board of Regents'' means the Board of
Regents of the Smithsonian Institution.
(2) The term ``Board of Trustees'' means the Board of
Trustees of the National African American Museum established in
section 5(a).
(3) The term ``Museum'' means the National African American
Museum established under section 3(a).
(4) The term ``Arts and Industries building'' means the
building located on the Mall at 900 Jefferson Drive, S.W. in
Washington, the District of Columbia.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 1994 and such sums as may be necessary for
each of the succeeding fiscal years. | National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and museum training and a location for education, research, events, and collection and display of items and materials relating to the life, art, history, and culture of African Americans.
Authorizes the Board of Regents of the Smithsonian Institution (Board of Regents) to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum.
Establishes a Board of Trustees of the Museum (Board of Trustees) in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents.
Directs the Secretary of the Smithsonian Institution to appoint a Director, Assistant Director, Secretary, and Chief Curator of the Museum and other officers and employees necessary to operate the Museum and carry out the Board's duties.
Authorizes appropriations. | {"src": "billsum_train", "title": "National African American Museum Act"} | 2,554 | 244 | 0.624872 | 1.65113 | 0.745468 | 3.546798 | 11.763547 | 0.906404 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Federal information reporting requirements continue to
place an unprecedented paperwork burden upon private citizens,
recipients of Federal assistance, businesses, government
contractors and grantees, and State and local governments.
(2) A renewed effort is required to assure that the policy
stated in subsection (b) is fully implemented.
(3) It is necessary to reexamine the policies and
procedures of the Federal Government which have an impact on
the paperwork burden, for the purpose of ascertaining what
changes are necessary and desirable in its information policies
and practices so as to eliminate unnecessary paperwork burdens
and ensure that the Federal Government collects and maintains
all information needed to set policy, implement laws, and
operate programs.
(b) Purpose.--It is the policy of the Federal Government to
minimize the information reporting burden, consistent with agency
missions and the needs for information to set policy, implement laws,
and operate programs.
SEC. 2. ESTABLISHMENT.
To accomplish the purpose set forth in section 1(b), there is
hereby established the Commission on Information Technology and
Paperwork Reduction (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. FUNCTIONS.
(a) Review of Former Commission.--The Commission shall study and
review the principal findings and recommendations of the Commission on
Paperwork established by the Act of December 27, 1974 (Public Law 93-
556) to determine which of those recommendations have been implemented
and why any other of those recommendations have not been implemented.
(b) Investigate Federal Information Laws, Etc.--The Commission
shall study and investigate statutes, policies, rules, regulations,
procedures, and practices of the Federal Government relating to
information gathering and processing, and the management and control of
these information activities. The Commission shall consider--
(1) the nature and extent of current Federal collections of
information from other public and private profit and not-for-
profit entities;
(2) the effect of existing statutes on the information
requirements of the Federal Government and authorities of
existing Federal agencies to collect information on a timely
basis;
(3) the nature and extent of management and control over
the determination of Federal information needs and the choice
of information gathering and processing methods;
(4) the nature and extent to which Federal agencies
cooperate with State and local governments and private entities
in collecting and processing information;
(5) the procedures used and the extent to which
considerations of economy and efficiency impact Federal
information activities, particularly as these matters relate to
costs burdening the Federal Government and providers of
information;
(6) the nature and extent of advances in information
technology and its use in minimizing burden and maximizing
utility in the collection, processing, and maintenance of
information by the Government;
(7) the nature and extent to which information resources
management responsibilities and the President's responsibility
to review agency paperwork rulemaking should continue to be
integrated in the Executive Office of the President;
(8) the nature and extent to which the Paperwork Reduction
Act has been appropriately and effectively implemented by the
Office of Management and Budget; and
(9) such other matters as the Commission determines affect
Federal information resources management.
(c) Ascertain Changes.--The Commission shall ascertain and describe
what changes are possible and desirable in existing statutes, policies,
rules, regulations, procedures, and practices relating to Federal
information activities in order to--
(1) assure that necessary information is made available to
Federal officials and those acting on behalf of Federal
officials;
(2) minimize the burden imposed by Federal reporting
requirements on private citizens, recipients of Federal
assistance, businesses, government contractors and grantees,
and State and local governments;
(3) provide that information held by the Federal Government
is processed and maintained to maximize its usefulness to all
Federal agencies and the public;
(4) reduce the duplication of information collected by the
Federal Government and by State and local governments and other
collectors of information; and
(5) reduce the costs of Federal paperwork.
(d) Final Report.--The Commission shall submit a final report to
the Congress and the President within 2 years after the date of the
first meeting of the Commission. The final report shall contain a
review of its findings and its recommendations for changes in statutes,
policies, rules, regulations, procedures, and practices. The Commission
may make such interim reports and recommendations as it deems
advisable.
(e) Action by OMB.--
(1) In general.--Upon submission of the Commission's final
report, the Director of the Office of Management and Budget, in
coordination with the executive agencies, shall take action
to--
(A) formulate the views of the executive agencies
on the recommendations of the Commission;
(B) to the extent practicable within the limits of
their authority and resources, carry out
recommendations of the Commission in which the
executive agencies concur; and
(C) propose legislation needed to carry out or to
provide authority to carry out other recommendations of
the Commission in which the executive agencies concur.
(2) Reports.--At least once every 6 months, the Director of
the Office of Management and Budget shall report to the
Congress and the President on the status of action taken or to
be taken as provided in this subsection. The Director shall
submit a final report to the Congress and the President not
later than 1 year following the submission of the Commission's
final report under subsection (d).
SEC. 4. MEMBERSHIP.
The Commission shall be composed of 15 members, as follows:
(1) 2 Members of the Senate, who shall not be members of
the same political party, appointed by the President of the
Senate.
(2) 2 Members of the House of Representatives, who shall
not be members of the same political party, appointed by the
Speaker of the House of Representatives.
(3) The Comptroller General of the United States.
(4) The Director of the Office of Management and Budget and
2 other officials or employees of the executive branch of the
Federal Government appointed by the President.
(5) 2 members appointed by the President from among
officials of State and local governments, who shall not be
members of the same political party.
(6) 5 members appointed by the President from among persons
in the private sector representing such interests as small
business, labor, health care, education, environment, Federal
Government procurement, and information technology, no more
than 3 of whom shall be of the same political party.
SEC. 5. COMPENSATION.
(a) In General.--Except as provided in subsection (b), members of
the Commission shall each receive as compensation the daily equivalent
of the annual rate of basic pay in effect for level 4 of the Executive
Schedule for each day (including travel time) during which they are
engaged in the actual performance of duties vested in the Commission.
(b) Federal Officials.--Members of the Commission who are Members
of Congress or who are full-time officers or employees of the United
States shall receive no additional compensation for their service on
the Commission.
(c) Travel Expense.--While away from their homes or regular places
of business in the performance of service for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as a person employed
intermittently in the Government service is allowed such expenses under
section 5703 of title 5, United States Code.
SEC. 6. POWERS.
(a) Meetings.--The Commission, or at its direction, any
subcommittee or member thereof, may, for the purpose of carrying out
the provisions of this Act, hold such hearings, sit and act at such
times and places, take such testimony, receive such evidence and
administer such oaths, as the Commission or such subcommittee or member
may consider advisable. Such attendance of witnesses and the production
of such evidence may be required from any place within the United
States at any designated place of hearing within the United States. Any
member of the Commission may administer oaths or affirmations to
witnesses appearing before the Commission or before such subcommittee
or member.
(b) Personnel.--Members of the Commission shall elect a Chairman
and Vice-Chairman from among its members. The Commission shall appoint
an Executive Director who shall receive as compensation the equivalent
of the basic pay in effect for Level 5 of the Executive Schedule. The
Commission may appoint and fix the compensation of such other personnel
as it deems advisable without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and such personnel 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, at a rate not to exceed
the rates provided in section 5376 of title 5, United States Code. In
addition, the Commission may procure the services of experts and
consultants in accordance with section 3109 of title 5, United States
Code, at rates for individuals not to exceed the daily equivalent of
the annual rate of basic pay in section 5376 of title 5, United States
Code.
(c) Contracts for Studies and Reports.--The Commission may, subject
to the availability of appropriations, negotiate and enter into
contracts with private organizations and educational institutions to
carry out such studies and prepare such reports as the Commission
determines are necessary in order to carry out its duties.
SEC. 7. COOPERATION WITH FEDERAL AGENCIES.
(a) Furnishing Information.--Each department, agency, and
instrumentality of the Federal Government shall furnish to the
Commission, upon request made by the Chairman, such data, reports, and
other nonconfidential information not otherwise prohibited by law as
the Commission considers necessary to carry out its functions under
this Act.
(b) Services.--The head of each department or agency of the Federal
Government may, upon request made by the Chairman or Vice Chairman of
the Commission, provide to the Commission such services as the
Commission requests on such basis, reimbursable or otherwise, as may be
agreed between the department or agency and the Chairman or Vice
Chairman of the Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$8,000,000.
SEC. 9. TERMINATION.
The Commission shall cease to exist 120 days after the submission
of its final report under section 3.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date which is 45 days after the
date of its enactment. | Establishes the Commission on Information Technology and Paperwork Reduction in order to minimize the information reporting burden imposed by the Federal Government, consistent with the information needs of the Government for policy purposes. Lists specific Commission functions, which include the study and review of former Commission on Paperwork recommendations for paperwork reduction. Requires a final Commission report to the Congress and the President and action by the Office of Management and Budget on Commission recommendations. | {"src": "billsum_train", "title": "To establish the Commission on Information Technology and Paperwork Reduction."} | 2,222 | 92 | 0.531716 | 1.373922 | 0.899272 | 2.926829 | 26.634146 | 0.902439 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Cost share requirements.
Sec. 106. Reporting requirements.
Sec. 107. National Research Council assessment.
TITLE II--COMPUTER MODELING AND RESEARCH
Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this Act to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' means a scientific method
that uses the best available technical and scientific
information and techniques to identify and understand natural
resource management needs and appropriate treatments, to
implement conservation measures, and to assess the results of
treatments on natural resource health and sustainability in the
Upper Mississippi River Basin.
SEC. 3. RELIANCE ON SOUND SCIENCE.
It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.
(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.
(c) Headquarters.--Sediment and nutrient monitoring information
shall be headquartered at the Upper Midwest Environmental Sciences
Center in La Crosse, Wisconsin.
SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.
(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
(c) Protection of Privacy.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin is not subject
to the mandatory disclosure provisions of section 552 of title V,
United States Code, but may be released only as provided in subsection
(b).
SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.
(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) Coordination With Lower Estuary Assessment Group.--The
Secretary of the Interior shall carry out this section in coordination
with the Lower Estuary Assessment Group, as authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).
SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.
To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 102(a), as determined by the Secretary.
SEC. 105. COST SHARE REQUIREMENTS.
(a) Required Cost Sharing.--The non-Federal sponsors of the
sediment and nutrient monitoring network shall be responsible for not
less than 25 percent of the costs of maintaining the network.
(b) In-Kind Contributions.--Up to 80 percent of the non-Federal
share may be provided through in-kind contributions.
(c) Treatment of Existing Efforts.--A State or local monitoring
effort, in existence as of the date of the enactment of this Act, that
the Secretary of the Interior finds adheres to the guidelines
prescribed under section 102(a) shall be deemed to satisfy the cost
share requirements of this section.
SEC. 106. REPORTING REQUIREMENTS.
The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.
SEC. 107. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.
TITLE II--COMPUTER MODELING AND RESEARCH
SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.
(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.
(e) Headquarters.--Information developed by computer modeling shall
be headquartered at the Upper Midwest Environmental Sciences Center in
La Crosse, Wisconsin.
SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE
INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.
SEC. 203. REPORTING REQUIREMENTS.
(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director of the
United States Geological Survey shall provide to Congress and make
available to the public a progress report regarding modeling
activities.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior $6,250,000 each fiscal year to carry out this
Act.
(b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 107. | Upper Mississippi River Basin Protection Act of 2001 - Declares that it is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science.Title I: Sediment and Nutrient Monitoring Network - Directs the Secretary of the Interior, through the United States Geological Survey, to establish a nutrient and sediment monitoring network for the River Basin to: (1) identify and evaluate sources of sediments and nutrients; (2) quantify the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantify their transport to and through the Basin; (4) record changes to sediment and nutrient loss; (5) provide coordinated data to be used in computer modeling of the Basin; and (6) identify major sources for targeting resources to reduce sediment and nutrient loss. States that such information shall be headquartered at the Upper Midwest Environmental Sciences Center in La Crosse, Wisconsin.(Sec. 102) Directs the Secretary to establish guidelines for related data collection and storage activities. Requires such data to be released to the public using generic station identifiers and hydrologic codes. Prohibits information regarding the location of a monitoring station on private lands from being disseminated without the landowner's permission.(Sec. 103) Directs the Secretary to inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies, and based on such inventory, to integrate them into the monitoring network. Requires that such activities be carried out in coordination with the Lower Estuary Assessment Group as authorized under the Estuaries and Clean Waters Act of 2000.(Sec. 104) Directs the Secretary to collaborate with other public and private monitoring efforts in establishing the monitoring program.(Sec. 105) Makes the non-Federal sponsors of the monitoring network responsible for not less than 25 percent of the costs of maintaining it. Permits up to 80 percent of the non-Federal share to be provided through in-kind contributions. Deems a State or local monitoring effort that is adhering to the guidelines specified above to satisfy all such cost-share requirements.(Sec. 106) Requires the Secretary to report to Congress on the development of such network.(Sec. 107) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin.Title II: Computer Modeling and Research - Requires the Director of the United States Geological Survey to establish a computer modeling program of nutrient and sediment sources in the Basin. Requires such modeling to be used to identify subwatersheds that are significant sources of sediment and nutrient loss and to be made available for targeting public and private sediment and nutrient reduction efforts. Requires sediment and nutrient models to include models to: (1) relate nutrient and sediment loss to landscape, land use, and land management practices; and (2) define river channel nutrient transformation processes. Requires the collection of ancillary information in a GIS format to support modeling and management use of such results. States that such information shall be headquartered at the Center in La Crosse, Wisconsin.(Sec. 202) Requires the Director to establish an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries.(Sec. 203) Requires the Director to provide to Congress and the public: (1) annual reports regarding monitoring activities conducted in the Basin; and (2) a progress report regarding modeling activities every three years.Title III: Authorization of Appropriations - Authorizes appropriations to: (1) the Secretary to carry out this Act; and (2) allow the National Research Council to perform the water resources assessment. | {"src": "billsum_train", "title": "To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin."} | 2,438 | 871 | 0.697755 | 2.422121 | 0.743624 | 3.962644 | 2.96408 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Manufacturing Leadership
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the industrial sector--
(A) represents approximately 20 percent of the
economy of the United States;
(B) provides approximately 13 percent of employment
in the United States; and
(C) accounts for more than 30,000,000,000,000,000
Btus of energy, a quantity that is equal to almost \1/
3\ of the energy consumption of the United States;
(2) smart manufacturing is set to transform the
manufacturing sector and the use by the manufacturing sector of
energy, water, raw materials, and labor over the 10 years
following the date of enactment of this Act;
(3) the transformation described in paragraph (2) will
result in savings in electricity, natural gas, transportation
fuels, chemical feedstocks, and many other fuels;
(4) the interconnection of the many components of
manufacturing within a manufacturing plant with other business
functions within a company and across companies within a supply
chain will enable new production efficiencies;
(5) the improvements in automation described in paragraph
(4) are estimated to produce between $5,000,000,000 and
$25,000,000,000 in energy savings per year across the
manufacturing sector for electricity alone by 2035;
(6) smart manufacturing technologies are estimated to add
between $10,000,000,000,000 and $15,000,000,000,000 to the
global gross domestic product over 20 years following the date
of enactment of this Act;
(7) market barriers exist to the widespread adoption of
smart manufacturing practices by all sizes of firms and to the
investment in smart manufacturing technologies, including lack
of--
(A) common communication protocols between smart
manufacturing devices, which prevents interoperability,
reduces system efficiencies, and stifles innovation;
(B) common standards for storing and sharing
information relating to energy consumption and energy
savings;
(C) an open-access smart manufacturing platform
that enables the networking of business and automation
systems of multiple vendors; and
(D) common cybersecurity protocols and standards;
(8) addressing the barriers described in paragraph (7) is
in the interest of the United States;
(9) in response to the barriers described in paragraph (7),
the Secretary of Energy is working with the private sector to
reduce the market barriers through the development of voluntary
protocols and standards;
(10) there exist many technologies of which many domestic
manufacturers are unaware that could--
(A) improve the competitiveness of the domestic
manufacturers; and
(B) reduce the environmental impacts of the
domestic manufacturers;
(11) Federal agency action can facilitate greater economic
growth through outreach and engagement in the smart
manufacturing technology area; and
(12) the United States would benefit from a concerted and
focused effort to advance the adoption of smart manufacturing
throughout the manufacturing sector of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards
of the American National Standards Institute that enables an
organization to follow a systematic approach in achieving
continual improvement of energy performance, including energy
efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution of
higher education that--
(A) receives funding from the Department of Energy;
(B) provides an in-depth assessment of small- and
medium-size manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant site; and
(C) identifies opportunities for potential savings
for small- and medium-size manufacturer plant sites
from energy efficiency improvements, waste
minimization, pollution prevention, and productivity
improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert,
communicate, or duplicate data or information, including
computer hardware, firmware, software, communication protocols,
networks, and data interfaces.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) North american industry classification system.--The
term ``North American Industry Classification System'' means
the standard used by Federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data relating
to the business economy of the United States.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than
$100,000,000;
(C) with fewer than 500 employees at the plant
site; and
(D) with annual energy bills totaling more than
$100,000 and less than $2,500,000.
(9) Smart manufacturing.--The term ``smart manufacturing''
means a set of advanced sensing, instrumentation, monitoring,
controls, and process optimization technologies and practices
that merge information and communication technologies with the
manufacturing environment for the real-time management of
energy, productivity, and costs across factories and companies.
SEC. 4. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the National
Academies, shall develop and complete a national plan for smart
manufacturing technology development and deployment to improve the
productivity and energy efficiency of the manufacturing sector of the
United States.
(b) Content.--
(1) In general.--The plan developed under subsection (a)
shall identify areas in which agency actions by the Secretary
and other heads of relevant Federal agencies would--
(A) facilitate quicker development, deployment, and
adoption of smart manufacturing technologies and
processes;
(B) result in greater energy efficiency and lower
environmental impacts for all American manufacturers;
and
(C) enhance competitiveness and strengthen the
manufacturing sectors of the United States.
(2) Inclusions.--Agency actions identified under paragraph
(1) shall include--
(A) an assessment of previous and current actions
of the Department of Energy relating to smart
manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) deployment of existing research results; and
(D) the leveraging of existing high-performance
computing infrastructure.
(c) Biennial Revisions.--Not later than 2 years after the date on
which the Secretary completes the plan under subsection (a), and not
less frequently than once every 2 years thereafter, the Secretary shall
revise the plan to account for advancements in information and
communication technology and manufacturing needs.
(d) Report.--Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report on the
progress made in developing the plan.
(e) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.
SEC. 5. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND MEDIUM
MANUFACTURERS.
(a) Findings.--Congress finds that--
(1) the Department of Energy has existing technical
assistance programs that facilitate greater economic growth
through outreach to and engagement with small and medium
manufacturers;
(2) those technical assistance programs represent an
important conduit for increasing the awareness of and providing
education to small and medium manufacturers regarding the
opportunities for implementing smart manufacturing; and
(3) those technical assistance programs help facilitate the
implementation of best practices.
(b) Expansion of Technical Assistance Programs.--The Secretary
shall expand the scope of technologies covered by the Industrial
Assessment Centers of the Department of Energy--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the Industrial Assessment
Centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to
manufacturers.
(c) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.
SEC. 6. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
how the Department of Energy can increase access to existing
high-performance computing resources in the National
Laboratories, particularly for small and medium manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
(A) focus on increasing access to the computing
facilities of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer
is protected; and
(ii) the security of the National
Laboratory facility is maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.
SEC. 7. STATE LEADERSHIP GRANTS.
(a) Finding.--Congress finds that the States--
(1) are committed to promoting domestic manufacturing and
supporting robust economic development activities; and
(2) are uniquely positioned to assist manufacturers,
particularly small and medium manufacturers, with deployment of
smart manufacturing through the provision of infrastructure,
including--
(A) access to shared supercomputing facilities;
(B) assistance in developing process simulations;
and
(C) conducting demonstrations of the benefits of
smart manufacturing.
(b) Grants Authorized.--The Secretary may make grants on a
competitive basis to States for establishing State programs to be used
as models for supporting the implementation of smart manufacturing
technologies.
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Criteria.--The Secretary shall evaluate an application
for a grant under this section on the basis of merit using
criteria identified by the Secretary, including--
(A) the breadth of academic and private sector
partners;
(B) alternate sources of funding;
(C) plans for dissemination of results; and
(D) the permanence of the infrastructure to be put
in place by the project.
(d) Requirements.--
(1) Term.--The term of a grant under this section shall not
exceed 3 years.
(2) Maximum amount.--The amount of a grant under this
section shall be not more than $3,000,000.
(3) Matching requirement.--Each State that receives a grant
under this section shall contribute matching funds in an amount
equal to not less than 30 percent of the amount of the grant.
(e) Use of Funds.--
(1) In general.--A State shall use a grant provided under
this section--
(A) to provide access to shared supercomputing
facilities to small and medium manufacturers;
(B) to fund research and development of
transformational manufacturing processes and materials
technology that advance smart manufacturing; and
(C) to provide tools and training to small and
medium manufacturers on how to adopt energy management
systems and implement smart manufacturing technologies
in the facilities of the small and medium
manufacturers.
(f) Evaluation.--The Secretary shall conduct biannual evaluations
of each grant made under this section--
(1) to determine the impact and effectiveness of programs
funded with the grant; and
(2) to provide guidance to States on ways to better execute
the program of the State.
(g) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for each of fiscal
years 2017 through 2020.
SEC. 8. REPORT.
The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart
manufacturing in the United States. | Smart Manufacturing Leadership Act This bill requires the Department of Energy (DOE) to complete a national plan for smart manufacturing technology development and deployment to improve the productivity and energy efficiency of the U.S. manufacturing sector. Smart manufacturing is a set of advanced sensing, instrumentation, monitoring, controls, and process optimization technologies and practices that merge information and communication technologies with the manufacturing environment for the real-time management of energy, productivity, and costs across factories and companies. DOE must expand the scope of technologies covered by Industrial Assessment Centers to include smart manufacturing technologies and practices and to equip the centers' directors with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices. DOE must: (1) study how it can increase access to existing high-performance computing resources in the National Laboratories, and (2) facilitate access to the laboratories by small and medium manufacturers so that they can fully use the laboratories' high-performance computing resources to enhance manufacturing competitiveness. DOE may make grants to states for establishing state programs to be used as models for supporting the implementation of smart manufacturing technologies. States must use those grants to: (1) provide access to shared supercomputing facilities to small and medium manufacturers, (2) fund research and development of transformational manufacturing processes and materials technology that advance smart manufacturing, and (3) provide tools and training to aid the adoption of energy management systems and implement smart manufacturing technologies in the manufacturers' facilities. | {"src": "billsum_train", "title": "Smart Manufacturing Leadership Act"} | 2,692 | 288 | 0.578886 | 1.953738 | 0.783264 | 5.224199 | 9.213523 | 0.939502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Development
Act''.
SEC. 2. SENSE OF CONGRESS ON UNITED STATES DEVELOPMENT ASSISTANCE.
It is the sense of Congress that--
(1) United States development assistance--
(A) is most effective in countries with governments
that demonstrate a commitment to the rule of law, human
rights, investing in their own people, combating
corruption, and creating a policy environment and legal
framework that enables trade, investment, and enduring
economic growth;
(B) is most likely to produce sustainable results
when it aligns with the development priorities of the
recipient country, creates opportunities for growth
lead by the private sector, and complements rather than
replacing government investments in priority sectors
through a transparent and accountable system of
domestic resource mobilization;
(C) should be guided by a unified strategy,
ambitious targets, and robust monitoring and evaluation
to ensure that it is efficient, effective, and results-
oriented;
(D) should be targeted in recipient countries in a
manner that--
(i) advances the rule of law;
(ii) builds and strengthens civic
institutions and trade capacity;
(iii) addresses binding constraints to
market-based economic growth;
(iv) catalyzes private sector investment in
key development areas, such as utilities,
infrastructure, agriculture, health, and
education;
(v) promotes transparency and
accountability among donors, governments, and
citizens; and
(vi) places recipient countries on a
trajectory toward graduation from foreign
assistance; and
(E) should prioritize and better coordinate
resources that support enhanced trade capacity and
facilitate fairer and more sustainable trade with
partner countries; and
(2) United States development finance programs, which
mobilize private capital to achieve development objectives and
may soon outpace traditional grant-based assistance programs in
terms of total capital investments, should--
(A) be appropriately leveraged to complement,
rather than replace, other forms of private capital;
(B) drive inclusive, enduring economic growth; and
(C) have stability and predictability by being
provided a multi-year authorization.
SEC. 3. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT
PROGRAMS AND PRIVATE SECTOR INVESTMENT.
(a) In General.--The President shall establish a primary
interagency mechanism to coordinate United States development
assistance programs carried out by Federal departments and agencies
engaged in planning or providing such assistance overseas with the
investment activities of the private sector.
(b) Duties.--The interagency mechanism established under subsection
(a) shall--
(1) streamline the private-sector liaison, coordination,
and investment promotion functions of such Federal departments
and agencies;
(2) facilitate the use of development and finance tools
across such Federal departments and agencies to attract greater
participation in development activities by the private sector;
and
(3) establish a single point of contact for entities in the
private sector of the United States to pursue partnership
opportunities with such Federal departments and agencies.
(c) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter through 2022, the
President shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report evaluating the progress of the interagency mechanism in
carrying out the duties described in subsection (b).
SEC. 4. DEVELOPMENT STRATEGIES.
(a) In General.--The heads of Federal departments and agencies
engaged in planning or providing United States development assistance
overseas shall ensure that--
(1) a rigorous analysis of the constraints to economic
growth and investment within a country receiving such
assistance guides any development strategy of the United States
with respect to such country; and
(2) the development strategies of the United States are
coordinated with activities carried out by the private sector
within countries receiving such assistance, to the greatest
extent practicable and appropriate.
(b) Matters To Be Included.--Each analysis required under
subsection (a)(1) shall include an identification and analysis of--
(1) the constraints posed by inadequacies in critical
infrastructure, the education system, the rule of law, the tax
and investment codes, or the customs or regulatory regimes in
the recipient country; and
(2) the particular economic sectors, such as the
agriculture, transportation, energy, education, or financial
services sectors, that are central to achieving economic growth
in the recipient country.
(c) Results.--The results of each analysis required under
subsection (a)(1) shall be--
(1) incorporated into any relevant development strategy, as
defined in subsection (d); and
(2) used to inform and guide the allocation of resources by
Federal departments and agencies engaged in planning or
providing United States development assistance overseas.
(d) Development Strategy Defined.--In this section, the term
``development strategy'' means any global, sectoral, or country
development strategy of the United States and includes any integrated
country strategy, regional or functional strategy, country development
cooperation strategy, or mission strategic resource plan. | Economic Growth and Development Act This bill requires the President to establish a primary interagency mechanism to coordinate U.S. development assistance programs carried out by federal agencies overseas with private sector investment activities. The mechanism shall: streamline the private-sector liaison, coordination, and investment promotion functions of such agencies; facilitate the use of development and finance tools across such agencies to attract greater participation in development activities by the private sector; and establish a single point of contact for U.S. private sector entities pursuing partnership opportunities with such agencies. Federal agencies planning or providing U.S. development assistance overseas shall ensure that: (1) a rigorous analysis of the constraints to economic growth and investment within a recipient country guides any U.S. development strategy, and (2) U.S. development strategies are coordinated with private sector activities in such countries. Each analysis shall identify and analyze: (1) the constraints posed by inadequacies in critical infrastructure, the education system, the rule of law, the tax and investment codes, or the customs or regulatory regimes in the recipient country; and (2) the particular economic sectors that are central to achieving economic growth in the recipient country. The results of each analysis shall be: (1) incorporated into any relevant development strategy, and (2) used to guide the allocation of resources by federal agencies planning or providing U.S. development assistance overseas. | {"src": "billsum_train", "title": "Economic Growth and Development Act"} | 1,085 | 282 | 0.59874 | 1.862888 | 0.846146 | 5.408397 | 3.98855 | 0.919847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NTIS Elimination Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Technical Information Service (referred to
in this Act as ``NTIS''), the National Archives and Records
Administration, the Government Accountability Office (referred
to in this Act as ``GAO''), and the Library of Congress all
collect, categorize, and distribute government information.
(2) NTIS was established in 1950, more than 40 years before
the creation of the Internet.
(3) NTIS is tasked with collecting and distributing
government-funded scientific, technical, engineering, and
business-related information and reports.
(4) GAO found that NTIS sold only 8 percent of the
2,500,000 reports in its collection between 1995 and 2000.
(5) A November 2012 GAO review of NTIS made the following
conclusions:
(A) ``Of the reports added to NTIS's repository
during fiscal years 1990 through 2011, GAO estimates
that approximately 74 percent were readily available
from other public sources.''.
(B) ``These reports were often available either
from the issuing organization's website, the Federal
Internet portal (http://www.USA.gov) or from another
source located through a web search.''.
(C) ``The source that most often had the report
[GAO] was searching for was another website located
through http://www.Google.com.''.
(D) ``95 percent of the reports available from
sources other than NTIS were available free of
charge.''.
(6) No Federal agency should use taxpayer dollars to
purchase a report from the National Technical Information
Service that is available through the Internet for free.
(7) In 1999, Secretary of Commerce William Daley--
(A) admitted that the National Technical
Information Service would eventually outlive its
usefulness and be unable to sustain its revenue-losing
profit model;
(B) explained that ``declining sales revenues soon
would not be sufficient to recover all of NTIS'
operating costs''; and
(C) attributed this ``decline to other agencies'
practice of making their research results available to
the public for free through the Web''.
(8) According to the November 2012 GAO report referred to
in paragraph (5)--
(A) ``NTIS product expenditures exceeded revenues
for 10 out of the past 11 fiscal years.'';
(B) ``The agency lost, on average, about $1.3
million over the last 11 years on its products.''; and
(C) ``The decline in revenue for its products
continues to call into question whether NTIS's basic
statutory function of acting as a self-financing
repository and disseminator of scientific and technical
information is still viable.''.
(9) NTIS has compensated for its lost revenue by charging
other Federal agencies for various services that are not
associated with NTIS's primary mission.
(10) Future technological advances will ensure that the
services offered by NTIS are even more superfluous for
essential government functions than they are today.
SEC. 3. NATIONAL TECHNICAL INFORMATION SERVICE.
(a) Repeal.--Effective on the date that is 1 year after the date of
the enactment of this Act, the National Technical Information Act of
1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is
repealed.
(b) Transfer of Critical Functions.--
(1) Consultation requirement.--The Secretary of Commerce,
the Archivist of the United States, and the Comptroller General
of the United States shall consult with the Director of the
Office of Management and Budget to determine if any activity or
function of the National Technical Information Service--
(A) is critical to the national economy; and
(B) is not being carried out by--
(i) any other agency or instrumentality of
the Federal Government; or
(ii) a contractor of the Federal
Government.
(2) Transfers authorized.--
(A) In general.--Before the effective date set
forth in subsection (a), the Secretary of Commerce is
authorized to transfer the responsibility for any NTIS
activity or function that is critical to the national
economy and not otherwise being carried out (as
determined under paragraph (1)) to another office
within the Department of Commerce.
(B) Congressional notification.--Before
transferring any activity or function pursuant to
subparagraph (A), the Secretary shall submit a report
to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, the Committee on Oversight and
Government Reform of the House of Representatives
that--
(i) identifies the activities or functions
that will be transferred; and
(ii) provides the rationale for determining
that such activities or functions are critical
to the national economy.
(3) Defined term.--As used in this subsection, an activity
or function that is ``critical to the national economy''
promotes the economic growth of the United States by providing
access to information that stimulates innovation and discovery.
(c) Repository of Nonclassified Information.--
(1) In general.--The Secretary of Commerce is authorized to
continue to maintain a permanent repository of nonclassified
scientific, technical, and engineering information that
contains reports that are scientific, technical, or engineering
in nature.
(2) Item to be included.--
(A) In general.--All Federal entities shall send
electronic copies of all nonclassified scientific,
technical, and engineering reports and information to
the Department of Commerce for inclusion in the
repository referred to in paragraph (1).
(B) Notification requirement.--If any Federal
entity regularly fails to comply with the requirement
under subparagraph (A), the Secretary of Commerce shall
notify--
(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
(ii) the Committee on Energy and Commerce
of the House of Representatives.
(3) Public availability.--The repository referred to in
paragraph (1) and any document therein shall be publicly
available and searchable, including bibliographic information,
in a format that is useful to American industry, business,
libraries, and research institutions.
(4) Digital copies.--The Secretary shall provide digital
copies of any document in the repository referred to in
paragraph (1) to the public free of charge.
(5) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to maintain
the repository referred to in paragraph (1).
(d) Bibliographic Information.--The Secretary of Commerce shall
continue to make selected bibliographic information products available
in a timely manner to depository libraries as part of the Depository
Library Program of the Government Publishing Office.
(e) Use of Technology.--The Secretary of Commerce shall utilize
available technology to ensure that the Department of Commerce is
collecting all nonclassified scientific, technical, and engineering
information to the best of its ability.
SEC. 4. NTIS REVOLVING FUND.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Treasury, after consultation with the Secretary of
Commerce, shall--
(1) transfer all unexpended balances in the National
Technical Information Service Revolving Fund (referred to in
this section as the ``Fund''), established pursuant to the
Department of Commerce Appropriations Act, 1993 (title II of
Public Law 102-305; 15 U.S.C. 3704b note), to the Department of
Commerce to be expended solely for the maintenance of the
repository described in section 3(c); and
(2) dissolve the Fund.
SEC. 5. SECRETARY OF COMMERCE CERTIFICATION.
Before the effective date set forth in section 3(a), the Secretary
of Commerce shall submit a written certification to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives that all of the
operations of the National Technical Information Service, except for
the activities or functions transferred pursuant to section 3(b)(2)(A),
have been terminated. | NTIS Elimination Act Repeals the National Technical Information Act of 1988, which provided for establishment of the National Technical Information Service (NTIS), effective one year after the enactment of this Act. Directs the Secretary of Commerce, the Archivist of the United States, and the Comptroller General to consult with the Director of the Office of Management and Budget to determine if any NTIS activity or function is critical to the national economy and is not being carried out by any other federal government agency, instrumentality, or contractor. Authorizes the the Secretary to transfer responsibility for any such activity or function to another office within Commerce. Directs the Secretary, before one year after enactment of this Act, to certify that all other NTIS operations have been terminated. Defines as "critical to the national economy" an activity or function that promotes U.S. economic growth by providing access to information that stimulates innovation and discovery. Authorizes Commerce to continue to maintain a permanent repository of nonclassified scientific, technical, and engineering information, which shall be publicly available and searchable in a format useful to American industry, business, libraries, and research institutions. Requires all federal entities to send electronic copies of all nonclassified scientific, technical, and engineering reports and information to Commerce for inclusion in the repository. Directs the Department of the Treasury to transfer all unexpended balances in the NTIS Revolving Fund to Commerce to be expended solely for the maintenance of the repository and to dissolve the Fund. | {"src": "billsum_train", "title": "NTIS Elimination Act"} | 1,787 | 336 | 0.46879 | 1.536482 | 0.739433 | 4.384058 | 6.043478 | 0.92029 |
SECTION 1. EXTENSION OF FUNDING FOR REOPENING ENROLLMENT UNDER THE
PREEXISTING CONDITION INSURANCE PROGRAM.
(a) In General.--Subsection (g)(1) of section 1101 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18001) is amended by
striking ``Such funds'' and inserting the following: ``In addition to
the funds appropriated under the previous sentence, there is
appropriated to the Secretary, out of any moneys in the Treasury not
otherwise appropriated, $2,800,000,000 to pay claims (and
administrative costs) described in such sentence. Funds appropriated
under this paragraph''.
(b) Reopening Program Enrollment.--The Secretary of Health and
Human Services shall resume taking applications for participation under
the temporary high-risk health insurance program under such section
1101, but only to the extent consistent with the limitation imposed
under subsection (g)(4) of such section.
(c) Construction.--Nothing in this section shall be construed as
changing the application of subsection (g)(3) of such section (relating
to termination of authority).
SEC. 2. IMMEDIATE ACCESS TO HEALTH CARE FOR SICK AMERICANS.
(a) In General.--Section 1101(d) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18001(d)) is amended--
(1) in paragraph (1), by adding at the end ``and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to individuals applying for coverage through the
high risk insurance pool program on or after the date of the enactment
of this Act.
SEC. 3. INCREASE IN RATE OF EXCISE TAX ON CIGARETTES.
(a) In General.--Section 5701(b)(1) of the Internal Revenue Code of
1986 is amended by inserting ``($52.33 per thousand in the case of
cigarettes removed after December 31, 2013 and before January 1,
2024)'' after ``$50.33 per thousand''.
(b) Floor Stocks Taxes.--
(1) Imposition of tax.--On cigarettes described in section
5701(b)(1) of the Internal Revenue Code of 1986 manufactured in
or imported into the United States which are removed before
January 1, 2014, and held on such date for sale by any person,
there is hereby imposed a tax in an amount equal to the excess
of--
(A) the tax which would be imposed under section
5701 of such Code on the article if the article had
been removed on such date, over
(B) the prior tax (if any) imposed under section
5701 of such Code on such article.
(2) Credit against tax.--Each person shall be allowed as a
credit against the taxes imposed by paragraph (1) an amount
equal to $500. Such credit shall not exceed the amount of taxes
imposed by paragraph (1) on January 1, 2014, for which such
person is liable.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigarettes
referred to in paragraph (1) on January 1, 2014, to
which any tax imposed by paragraph (1) applies shall be
liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before May 1, 2014.
(4) Articles in foreign trade zones.--Notwithstanding the
Act of June 18, 1934 (commonly known as the Foreign Trade Zone
Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other
provision of law, any article which is located in a foreign
trade zone on July 1, 2013, shall be subject to the tax imposed
by paragraph (1) if--
(A) internal revenue taxes have been determined, or
customs duties liquidated, with respect to such article
before such date pursuant to a request made under the
1st proviso of section 3(a) of such Act, or
(B) such article is held on such date under the
supervision of an officer of the United States Customs
and Border Protection of the Department of Homeland
Security pursuant to the 2d proviso of such section
3(a).
(5) Definitions.--For purposes of this subsection--
(A) In general.--Any term used in this subsection
which is also used in section 5702 of the Internal
Revenue Code of 1986 shall have the same meaning as
such term has in such section.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(6) Controlled groups.--Rules similar to the rules of
section 5061(e)(3) of such Code shall apply for purposes of
this subsection.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 5701 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply to the floor stocks taxes imposed by
paragraph (1), to the same extent as if such taxes were imposed
by such section 5701. The Secretary may treat any person who
bore the ultimate burden of the tax imposed by paragraph (1) as
the person to whom a credit or refund under such provisions may
be allowed or made.
(c) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(j) of the
Internal Revenue Code of 1986) after December 31, 2013. | Amends the Patient Protection and Affordable Care Act to: (1) direct the Secretary of Health and Human Services (HHS) to resume taking applications for participation in the temporary high-risk insurance program under such Act and to provide additional funding for such purpose, and (2) eliminate the six-month waiting period for program applicants previously covered under creditable health care coverage. Amends the Internal Revenue Code to increase the rate of the excise tax on small cigarettes to $52.33 per thousand for the period between 2014 and 2024. | {"src": "billsum_train", "title": "To amend section 1101 of the Patient Protection and Affordable Care Act to provide additional funds to permit additional individuals to enroll under the preexisting condition insurance program and expand eligibility, to be funded through a temporary increase in the cigarette tax, and for other purposes."} | 1,283 | 108 | 0.525545 | 1.335632 | 0.702609 | 2 | 11.237624 | 0.811881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring One Level of Aviation
Safety Act of 2009''.
SEC. 2. IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL
TRANSPORTATION SAFETY BOARD.
(a) Implementation of Certain Recommendations.--Not later than 180
days after the date of the enactment of this Act, the Administrator of
the Federal Aviation Administration shall implement the following
recommendations of the National Transportation Safety Board:
(1) Recommendations A-03-53 through A-03-54, dated December
2, 2003 (relating to inspections for general aviation aircraft
and low-airspeed alert systems for all aircraft).
(2) Recommendation A-05-14, dated May 13, 2005 (relating to
programs for flight crewmembers who have demonstrated
deficiencies in performance or training).
(3) Recommendations A-06-48 through A-06-51, dated July 10,
2006 (relating to aircraft operations in cold or icy
conditions).
(4) Recommendation A-07-8, dated January 23, 2007 (relating
to developing programs of education for air carrier pilots).
(b) Determinations With Respect to Pending and Future
Recommendations.--
(1) In general.--Not later than 180 days after the National
Transportation Safety Board provides the Administrator of the
Federal Aviation Administration with a safety recommendation,
the Administrator shall submit to Congress a notification--
(A) indicating whether or not the Administrator has
determined to implement the recommendation; and
(B)(i) if the Administrator determines to implement
the recommendation, describing the actions the
Administrator plans to take to implement the
recommendation; or
(ii) if the Administrator determines not to
implement the recommendation, describing the reasons
for that determination.
(2) Pending recommendations.--Not later than 180 days after
the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to Congress the
notification described in paragraph (1) with respect to each
recommendation of the National Transportation Safety Board--
(A) made before the date of the enactment of this
Act; and
(B) that is not implemented before such date of
enactment.
SEC. 3. CERTIFICATION OF RECEIPT OF FEDERAL AVIATION ADMINISTRATION
AIRWORTHINESS DIRECTIVES AND OTHER ORDERS BY AIR
CARRIERS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration shall
submit to Congress a plan that contains--
(1) a certification process under which each air carrier
will certify to the Administration that the air carrier has
received an airworthiness directive or other order issued by
the Administration; and
(2) a plan for ensuring the compliance of air carriers with
such directives and orders.
SEC. 4. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall, not less frequently than once each year, perform
random, unannounced, on-site inspections of regional air carriers to
ensure that such air carriers are complying with all applicable safety
standards of the Administration.
(b) Regional Air Carriers Defined.--The Administrator of the
Federal Aviation Administration shall determine which air carriers are
regional air carriers for purposes of subsection (a).
SEC. 5. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE TRAINING,
HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.
(a) Completion of Rulemaking on Training Programs.--Not later than
180 days after the date of the enactment of this Act, the Administrator
of the Federal Aviation Administration shall issue a final rule with
respect to the Notice of Proposed Rulemaking published in the Federal
Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training
programs for flight crewmembers and aircraft dispatchers).
(b) Establishment of National Standard With Respect to Minimum
Number of Flight Hours Required to Hire Commercial Aircraft Pilots.--
Not later than 1 year after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration shall revise
regulations under part 61 of title 14, Code of Federal Regulations, to
increase the minimum number of hours of flight experience required for
pilots to conduct flight operations under parts 121 and 135 of title
14, Code of Federal Regulations.
SEC. 6. REGULATIONS TO ADDRESS PILOT FATIGUE.
(a) Regulations on Work Hours for Pilots.--Not later than 180 days
after the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall prescribe regulations specifying
limitations on hours of flight time allowed for pilots to address
problems relating to pilot fatigue.
(b) Fatigue Management Plans.--Not later than 1 year after the date
of the enactment of this Act, the Administrator of the Federal Aviation
Administration shall prescribe regulations--
(1) providing guidance to air carriers to develop plans to
ensure that pilots are not operating aircraft while fatigued;
(2) requiring air carriers to submit such plans to the
Administration not later than 180 days after the Administrator
issues the final rule with respect to the regulations and to
update such plans on a regular basis; and
(3) establishing standards and procedures for the
submission of such plans and the review of such plans by the
Administration.
SEC. 7. ACCESS BY AIR CARRIERS TO INFORMATION ABOUT PRACTICAL TEST
FAILURES BY PILOTS.
Section 44703(h)(1)(A) of title 49, United States Code, is
amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) any failed attempt of the individual
to pass a practical test required to obtain a
certificate or type rating under part 61 of
title 14, Code of Federal Regulations; and''.
SEC. 8. OVERSIGHT OF PILOT TRAINING SCHOOLS.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration shall submit
to Congress a plan for overseeing pilot schools certified under part
141 of title 14, Code of Federal Regulations, that includes--
(1) ensuring that the curriculum and course outline
requirements for such schools under subpart C of such part are
being met; and
(2) conducting on-site inspections of each such school not
less frequently than once every 2 years. | Ensuring One Level of Aviation Safety Act of 2009 - Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) implement certain aviation safety recommendations of the National Transportation Safety Board (NTSB); and (2) notify Congress, within 180 days after the NTSB provides the Administrator with a safety recommendation, of determinations with respect to future and pending NTSB recommendations.
Directs the Administrator to: (1) submit to Congress a plan that contains a process for each air carrier to certify to the FAA that it has received an airworthiness directive or other FAA issued order, including a plan for ensuring air carrier compliance with such directives and orders; and (2) perform, at least annually, random, unannounced, onsite inspections of regional air carriers to ensure their compliance with FAA safety standards.
Requires the Administrator to: (1) issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009, regarding training programs for flight crewmembers and aircraft dispatchers; (2) revise federal aviation safety regulations to increase the minimum number of hours of flight experience required for pilots to conduct flight operations; (3) prescribe regulations to limit the number of hours allowed for pilots to address pilot fatigue problems as well as to provide guidance to air carriers to develop, and submit to the FAA, fatigue management plans; and (4) submit to Congress a plan for overseeing federally-certified pilot training schools.
Requires an air carrier, before allowing an individual to begin service as a pilot, to request and receive from the FAA records pertaining to any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under federal regulations. | {"src": "billsum_train", "title": "A bill to require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes."} | 1,476 | 372 | 0.617184 | 1.853065 | 0.81686 | 3.720721 | 3.861862 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Research Investment Act of
2005''.
SEC. 2. INCENTIVES FOR STEM CELL RESEARCH.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter Z--Stem Cell Research Bonds
``Sec. 1400N. Credit to holders of qualified stem cell research bonds.
``SEC. 1400N. CREDIT TO HOLDERS OF QUALIFIED STEM CELL RESEARCH BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified stem cell research bond on a credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year an
amount equal to the sum of the credits determined under subsection (b)
with respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified stem cell research bond is 25 percent of the
annual credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified stem cell research bond is the product
of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowed under part IV
of subchapter A (other than subpart C thereof, relating
to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Qualified Stem Cell Research Bond; Credit Allowance Date.--
For purposes of this section--
``(1) Qualified stem cell research bond.--The term
`qualified stem cell research bond' means any bond issued as
part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for interdisciplinary scientific
and medical research relating to stem cells, therapy
development relating to stem cells, and development of
pharmacologies and treatments through clinical trials
relating to stem cells,
``(B) the bond is issued by a State or local
government,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 30 years.
``(2) Stem cell.--
``(A) In general.--The term `stem cell' means a
cell with the ability to divide for indefinite periods
in culture and give rise to specialized cells.
``(B) Limitation.--Human embryonic stem cells shall
be eligible for use in any research supported by a bond
issued under this section if the cells meet each of the
following:
``(i) The stem cells were derived from
human embryos that were donated from in vitro
fertilization clinics, were created solely for
the purposes of fertility treatment, and were
in excess of the clinical need of the
individuals seeking such treatment.
``(ii) Prior to the consideration of embryo
donation and through consultation with the
individuals seeking fertility treatment, it was
determined that the embryos would never be
implanted in a woman and would otherwise be
discarded.
``(iii) The individuals seeking fertility
treatment donated the embryos with written
informed consent that the embryos would be used
for research purposes.
``(iv) Neither the individuals for whom the
embryo was created nor any other person or
entity which participated in the fertility
treatment through which the embryo was created
received, directly or indirectly, any monetary
incentive or other compensation with respect to
the donation of the embryo.
``(3) Report on researcher activities.--A bond shall not be
treated as a qualified stem cell research bond unless the issue
of which such bond is a part carries a requirement under which
any person who receives proceeds from such issue for a purpose
described in paragraph (1)(A) is obligated to submit to the
issuer an annual report--
``(A) describing the activities carried out (in
whole or in part) with such proceeds during the
preceding calendar year, and
``(B) including a description of whether and to
what extent research for a purpose described in
paragraph (1)(A) has been conducted in accordance with
the requirements imposed by the issuer of such bond.
``(4) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(5) Bond.--The term `bond' includes any obligation.
``(6) State.--The term `State' includes the District of
Columbia and any possession of the United States.
``(e) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds issued during any calendar year which may be designated
under subsection (a) by any issuer shall not exceed the
limitation amount allocated under paragraph (2) for such
calendar year to such issuer.
``(2) Limitation on amount allocated to an issuer.--Not
more than 20 percent of the national qualified stem cell
research bond limitation for a calendar year may be allocated
to an issuer for the calendar year. For the purposes of the
preceding sentence, a local government within a State shall be
treated as the State.
``(3) National limitation on amount of bonds designated.--
There is a national qualified stem cell research bond
limitation for each calendar year. Such limitation is--
``(A) $10,000,000,000 for each of the calendar
years 2006, 2007, and 2008, and
``(B) except as provided in subsection (f), zero
after 2008.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the aggregate amount allocated under
paragraph (2), exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (a) pursuant to
such allocation,
the limitation amount under paragraph (3) for the following
calendar year shall be increased by the amount of such excess.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Recapture of Portion of Credit Where Cessation of
Compliance.--
``(1) In general.--If any bond which when issued purported
to be a qualified stem cell research bond ceases to be a
qualified stem cell research bond, the issuer shall pay to the
United States (at the time required by the Secretary) an amount
equal to the sum of--
``(A) the aggregate of the credits allowable under
this section with respect to such bond (determined
without regard to subsection (c)) for taxable years
ending during the calendar year in which such cessation
occurs and the 2 preceding calendar years, and
``(B) interest at the underpayment rate under
section 6621 on the amount determined under
subparagraph (A) for each calendar year for the period
beginning on the first day of such calendar year.
``(2) Failure to pay.--If the issuer fails to timely pay
the amount required by paragraph (1) with respect to such bond,
the tax imposed by this chapter on each holder of any such bond
which is part of such issue shall be increased (for the taxable
year of the holder in which such cessation occurs) by the
aggregate decrease in the credits allowed under this section to
such holder for taxable years beginning in such 3 calendar
years which would have resulted solely from denying any credit
under this section with respect to such issue for such taxable
years.
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (2) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under paragraph (2) shall not be treated as a tax
imposed by this chapter for purposes of determining--
``(i) the amount of any credit allowable
under this part, or
``(ii) the amount of the tax imposed by
section 55.
``(h) Bonds Held by Regulated Investment Companies.--If any
qualified stem cell research bond is held by a regulated investment
company, the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(i) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified stem cell research
bond and the entitlement to the credit under this section with
respect to such bond. In case of any such separation, the
credit under this section shall be allowed to the person who on
the credit allowance date holds the instrument evidencing the
entitlement to the credit and not to the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified stem cell research bond as if it were a
stripped bond and to the credit under this section as if it
were a stripped coupon.
``(j) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified stem cell research bond on a
credit allowance date shall be treated as if it were a payment of
estimated tax made by the taxpayer on such date.
``(k) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(l) Reporting.--
``(1) Initial report.--Issuers of qualified stem cell
research bonds shall submit reports similar to the reports
required under section 149(e).
``(2) Annual reports.--In addition to the report required
by paragraph (1), issuers of qualified stem cell research bonds
shall submit a report not later than March 31 of each year to
the Secretary. Each such report shall include a description
of--
``(A) the activities carried out (in whole or in
part) with the proceeds of such bonds during the
preceding calendar year, and
``(B) whether and to what extent research for a
purpose described in subsection (d)(1)(A) has been
conducted in accordance with the requirements imposed
by the issuer of such bond.
``(m) Termination.--This section shall not apply to any bond issued
after September 30, 2008.''.
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified stem cell research
bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 1400N(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 1400N(d)(3)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Conforming Amendment.--The table of subchapters for chapter 1
of such Code is amended by adding at the end the following new item:
``subchapter z. stem cell research bonds''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2005. | Stem Cell Research Investment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified stem cell research bonds. Defines "qualified stem cell research bond" as any bond issued by a State or local government, 95 percent of the proceeds of which are to be used for interdisciplinary scientific and medical research relating to stem cells, therapy development relating to stem cells, and development of pharmacologies and treatments through clinical trials relating to stem cells. Imposes certain limitations on the use of stem cells that are supported by a bond issuance under this Act.
Sets a national limitation in 2006 through 2008 of $10 billion on the issuance of stem cell research bonds. Terminates the authority to issue such bonds after FY 2008. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow tax credits to holders of stem cell research bonds."} | 3,122 | 165 | 0.590845 | 1.635739 | 0.687968 | 3.753521 | 20.605634 | 0.908451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer and Employee Arbitration
Bill of Rights''.
SEC. 2. ELECTION OF ARBITRATION.
(a) Consumer and Employment Contracts.--Chapter 1 of title 9,
United States Code, is amended by adding at the end the following:
``Sec. 17. Consumer and employment contracts
``(a) Definitions.--In this section--
``(1) the term `consumer contract' means any written,
standardized form contract between the parties to a consumer
transaction;
``(2) the term `consumer transaction' means the sale or
rental of goods, services, or real property, including an
extension of credit or the provision of any other financial
product or service, to an individual in a transaction entered
into primarily for personal, family, or household purposes; and
``(3) the term `employment contract'--
``(A) means a uniform, employer promulgated plan
that covers all employees in a company, facility, or
work grade, and that may cover legally protected rights
or statutory rights; and
``(B) does not include any individually negotiated
executive employment agreements.
``(b) Fair Disclosure.--In order to be binding on the parties to a
consumer contract or an employment contract, an arbitration clause in
such contract shall--
``(1) have a printed heading in bold, capital letters
entitled `arbitration clause', which heading shall be printed
in letters not smaller than \1/2\ inch in height;
``(2) explicitly state whether participation within the
arbitration program is mandatory or optional;
``(3) identify a source that a consumer can contact for
additional information on costs and fees and on all forms and
procedures necessary for effective participation in the
arbitration program; and
``(4) provide notice that all parties retain the right to
resolve a dispute in a small claims court, if such dispute
falls within the jurisdiction of that court and the claim is
for less than $50,000 in total damages.
``(c) Procedural Rights.--If a consumer contract or employment
contract provides for the use of arbitration to resolve a dispute
arising out of or relating to the contract, each party to the contract
shall be afforded the following rights, in addition to any rights
provided by the contract:
``(1) Competence and neutrality of arbitrator and
administrative process.--
``(A) In general.--Each party to the dispute
(referred to in this section as a `party') shall be
entitled to a competent, neutral arbitrator and an
independent, neutral administration of the dispute.
``(B) Arbitrator.--Each party shall have an equal
voice in the selection of the arbitrator, who--
``(i) shall comply with the Code of Ethics
for Arbitrators in Commercial Disputes of the
American Arbitration Association and the State
bar association of which the arbitrator is a
member;
``(ii) shall have no personal or financial
interest in the results of the proceedings in
which the arbitrator is appointed and shall
have no relation to the underlying dispute or
to the parties or their counsel that may create
an appearance of bias; and
``(iii) prior to accepting appointment,
shall disclose all information that might be
relevant to neutrality, including service as an
arbitrator or mediator in any past or pending
case involving any of the parties or their
representatives, or that may prevent a prompt
hearing.
``(C) Administration.--The arbitration shall be
administered by an independent, neutral alternative
dispute resolution organization to ensure fairness and
neutrality and prevent ex parte communication between
parties and the arbitrator.
``(2) Applicable law.--In resolving a dispute, the
arbitrator--
``(A) shall be governed by the same substantive law
that would apply under conflict of laws principles
applicable in a court of the forum in which the
consumer or employee resided at the time the contract
was entered into; and
``(B) shall be empowered to grant whatever relief
would be available in court under law or equity.
``(3) Representation.--Each party shall have the right to
be represented by an attorney, or other representative as
permitted by State law, at the expense of that party.
``(4) Hearing.--
``(A) In general.--Each party shall be entitled to
a fair arbitration hearing (referred to in this section
as a `hearing') with adequate notice and an opportunity
to be heard.
``(B) Electronic or telephonic means.--Subject to
subparagraph (C), in order to reduce cost, the
arbitrator may hold a hearing by electronic or telephonic means or by a
submission of documents.
``(C) Face-to-face meeting.--Each party shall have
the right to require a face-to-face hearing, which
hearing shall be held at a location that is reasonably
convenient for the party who is the consumer or
employee, unless in the interest of fairness the
arbitrator determines otherwise, in which case the
arbitrator shall use the process described in section
1391 of title 28 to determine the venue for the
hearing.
``(5) Evidence.--With respect to any hearing--
``(A) each party shall have the right to present
evidence at the hearing and, for this purpose, each
party shall grant access to all information reasonably
relevant to the dispute to the other parties, subject
to any applicable privilege or other limitation on
discovery under applicable State law;
``(B) consistent with the expedited nature of
arbitration, relevant and necessary prehearing
depositions shall be available to each party at the
direction of the arbitrator; and
``(C) the arbitrator shall--
``(i) make reasonable efforts to maintain
the privacy of the hearing to the extent
permitted by applicable State law; and
``(ii) consider appropriate claims of
privilege and confidentiality in addressing
evidentiary issues.
``(6) Cross examination.--Each party shall have the right
to cross examine witnesses presented by the other parties at a
hearing.
``(7) Record of proceeding.--Any party seeking a
stenographic record of a hearing shall make arrangements
directly with a stenographer and shall notify the other parties
of these arrangements not less than 3 days in advance of the
hearing. The requesting party or parties shall pay the costs of
obtaining the record. If the transcript is agreed by the
parties, or determined by the arbitrator to be the official
record of the proceeding, it shall be provided to the
arbitrator and made available to the other parties for
inspection, at a date, time, and place determined by the
arbitrator.
``(8) Timely resolution.--Upon submission of a complaint by
the claimant, the respondent shall have 30 days to file an
answer. Thereafter, the arbitrator shall direct each party to
file documents and to provide evidence in a timely manner so
that the hearing may be held not later than 90 days after the
filing of the answer. In extraordinary circumstances, the
arbitrator may grant a limited extension of these time limits
to a party, or the parties may agree to an extension. The
arbitrator shall file a decision with each party not later than
30 days after the hearing.
``(9) Written decision.--The arbitrator shall provide each
party with a written explanation of the factual and legal basis
for the decision. This written decision shall describe the
application of an identified contract term, statute, or legal
precedent. The decision of the arbitrator shall be final and
binding, subject only to the review provisions in subsection
(d).
``(10) Expenses.--The arbitrator or independent arbitration
administration organization, as applicable, shall have the
authority to--
``(A) provide for reimbursement of arbitration fees
to the claimant, in whole or in part, as part of the
remedy in accordance with applicable law or in the
interests of justice; and
``(B) waive, defer, or reduce any fee or charge due
from the claimant in the event of extreme hardship.
``(11) Small claims opt out.--Each party shall have the
right to opt out of binding arbitration and into the small
claims court for the forum, if such court has jurisdiction over
the claim. For purposes of this paragraph, no court with
jurisdiction to hear claims in excess of $50,000 shall be
considered to be a small claims court.
``(d) Denial of Rights.--
``(1) Denial of rights by party misconduct.--
``(A) In general.--At any time during an
arbitration involving a consumer contract or employment
contract, any party may file a motion with the
arbitrator asserting that the other party has deprived
the movant of 1 or more rights granted by this section
and seeking relief.
``(B) Award by arbitrator.--If the arbitrator
determines that the movant has been deprived of a right
granted by this section by the other party, the
arbitrator shall award the movant a monetary amount,
which shall not exceed the reasonable expenses incurred
by the movant in filing the motion, including
attorneys' fees, unless the arbitrator finds that--
``(i) the motion was filed without the
movant's first making a good faith effort to
obtain discovery or the realization of another
right granted by this section;
``(ii) the opposing party's nondisclosure,
failure to respond, response, or objection was
substantially justified; or
``(iii) the circumstances otherwise make an
award of expenses unjust.
``(2) Denial of rights by arbitrator.--A losing party in an
arbitration may file a petition in the district court of the
United States in the forum in which the consumer or employee
resided at the time the contract was entered into to assert
that the arbitrator violated 1 or more of the rights granted to
the party by this section and to seek relief. In order to grant
the petition, the court must find clear and convincing evidence
that 1 or more actions or omissions of the arbitrator resulted
in a deprivation of a right of the petitioner under this
section that was not harmless. If such a finding is made, the
court shall order a rehearing before a new arbitrator selected
in the same manner as the original arbitrator as the exclusive
judicial remedy provided by this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 9, United States Code, is amended by adding at the
end the following:
``17. Consumer and employment contracts.''.
(c) Effective Date.--The amendments made by this section shall
apply to any consumer contract or employment contract entered into
after the date that is 6 months after the date of enactment of this
Act.
SEC. 3. LIMITATION ON CLAIMS.
Except as otherwise expressly provided in this Act, nothing in this
Act may be construed to be the basis for any claim in law or equity. | Entitles each party under arbitration to: (1) competence and neutrality of the arbitrator and the administrative process; (2) representation by an attorney and a fair arbitration hearing; (3) the right to present evidence, cross examine witnesses, and obtain a record of the proceedings; and (4) timely resolution, with a written explanation. | {"src": "billsum_train", "title": "Consumer and Employee Arbitration Bill of Rights"} | 2,406 | 68 | 0.436631 | 1.0882 | 0.640212 | 2.850746 | 33.895522 | 0.970149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expansion of National Security
Agency Oversight Act''.
SEC. 2. INCLUSION OF ADDITIONAL COMMITTEES IN CERTAIN REPORTS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Physical Searches.--
(1) Definitions.--Section 301 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1821) is amended--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) `Appropriate congressional committees' means--
``(A) the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, the
Committee on Armed Services, and the Committee on
Foreign Affairs of the House of Representatives; and
``(B) the Select Committee on Intelligence, the
Committee on the Judiciary, the Committee on Armed
Services, and the Committee on Foreign Relations of the
Senate.''.
(2) Reports.--Section 306 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1826) is amended by
striking ``the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate, and the Committee on the Judiciary
of the Senate,'' and inserting ``the appropriate congressional
committees''.
(b) Pen Register and Trap and Trace Devices.--
(1) Definitions.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding
at the end the following new paragraph:
``(4) The term `appropriate congressional committees' has
the meaning given the term in section 301.''.
(2) Reports.--Section 406 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1846) is amended--
(A) in subsection (a), by striking ``the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on
Intelligence of the Senate, and the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,'' and
inserting ``the appropriate congressional committees'';
and
(B) in subsection (b), by striking ``the committees
referred to in subsection (a) and to the Committees on
the Judiciary of the House of Representatives and the
Senate'' and inserting ``the appropriate congressional
committees''.
(c) Access to Certain Business Records.--Section 502 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
(1) in subsection (a), by striking ``the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence and the Committee on the
Judiciary of the Senate'' and inserting ``the appropriate
congressional committees'';
(2) in subsection (b), by striking ``the House and Senate
Committees on the Judiciary and the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence'' and inserting ``the appropriate congressional
committees''; and
(3) by adding at the end the following new subsection:
``(d) In this section, the term `appropriate congressional
committees' has the meaning given the term in section 301.''.
(d) General Oversight.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
(1) in subsection (a), by striking ``the Permanent Select
Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, and the
Committees on the Judiciary of the House of Representatives and
the Senate'' and inserting ``the appropriate congressional
committees'';
(2) in subsection (c), by striking ``the committees of
Congress referred to in subsection (a)'' and inserting ``the
appropriate congressional committees'';
(3) in subsection (d), by striking ``the committees of
Congress referred to in subsection (a)'' and inserting ``the
appropriate congressional committees''; and
(4) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following new paragraph:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
the term in section 301.''.
(e) Additional Procedures Regarding Certain Persons Outside the
United States.--
(1) Definitions.--Section 701(b) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)) is
amended--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(B) by inserting before paragraph (2) the following
new paragraph:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
the term in section 301.''.
(2) Reports.--Section 707(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881f(a)) is amended by
striking ``the congressional intelligence committees and the
Committees on the Judiciary of the Senate and the House of
Representatives'' and inserting ``the appropriate congressional
committees''. | Expansion of National Security Agency Oversight Act - Amends the Foreign Intelligene Surveillance Act of 1978 (FISA) to include the House Committees on Armed Services and Foreign Affairs and the Senate Committees on Armed Services and Foreign Relations (in addition to the intelligence and judiciary committees) as congressional committees to which the Attorney General is required to report under FISA with respect to physical searches, pen register and trap and trace devices, access to certain business records for intelligence purposes, semiannual FISA reviews, and targeting of persons outside the United States to obtain intelligence information. | {"src": "billsum_train", "title": "Expansion of National Security Agency Oversight Act"} | 1,349 | 129 | 0.582251 | 1.4502 | 0.600851 | 1.894231 | 10.769231 | 0.759615 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``United States-Mexico Border Sewage
Cleanup Act of 1999''.
SEC. 2. FINDINGS.
(a) In General.--The Congress finds that it is necessary to take
appropriate actions to address the comprehensive treatment of sewage
emanating from the Tijuana River in order to substantially reduce river
and ocean pollution in the San Diego border region.
(b) Factors.--Congress bases the finding under subsection (a) on
the following factors:
(1) The San Diego border region is adversely impacted from
cross border raw sewage flows that affect the environment and
the health and safety of citizens in the United States and
Mexico.
(2) The United States and Mexico have agreed, pursuant to
the Treaty for the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande, dated February 3, 1944,
``to give preferential attention to the solution of all border
sanitation problems''.
(3) The United States and Mexico recognize the need for
utilization of reclaimed water to supply the growing needs of
the City of Tijuana, Mexico, and the entire border region.
(4) Current legislative authority regarding funding of the
IWTP limits the geographic scope of proposed options for
treatment of effluent from the IWTP.
(5) This Act provides authority to take action to address
the comprehensive treatment of sewage emanating from the
Tijuana River in order to substantially reduce river and ocean
pollution in the San Diego border region and to exploit
effective reclamation opportunities.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) Subject to the negotiation and approval of a new or
modified Treaty Minute, to authorize the Commission to provide
for secondary treatment of effluent of the IWTP in Mexico.
(2) Subject to the negotiation and approval of a new or
modified Treaty Minute, to authorize the Commission to provide
for the development of a privately-funded Mexican Facility,
through the execution of a fee-for-services contract with the
owner of such facility, in order to provide for--
(A) secondary treatment of effluent from the IWTP,
if such treatment is not provided for at a facility in
the United States; and
(B) additional capacity for primary and secondary
treatment of up to 50 million gallons per day of sewage
in order to fully address the trans-border sanitation
problem.
(3) To request the Secretary to initiate negotiations with
Mexico, within 60 days after the date of the enactment of this
Act, for a new Treaty Minute, or a modification of Treaty
Minute 283, so as to allow for the siting of sewage treatment
facilities in Mexico, provide for additional treatment capacity
(up to 50 million gallons per day) for the treatment of
additional sewage emanating from the Tijuana area, and to
address other matters necessary for compliance with the
provisions of this Act.
(4) To provide such other authority as may be necessary to
implement a comprehensive solution to the trans-border
sanitation problem as soon as practicable.
SEC. 4. ACTIONS TO BE TAKEN BY COMMISSION.
(a) Authority To Provide for Secondary Treatment.--Subject to the
negotiation and conclusion of a new Treaty Minute or the amendment of
Treaty Minute 283, and notwithstanding section 510(b)(2) of the Water
Quality Amendments Act of 1987, the Commission is authorized to provide
for the secondary treatment of effluent from the IWTP in Mexico.
(b) Authority to Enter Into Contract With Mexican Facility.--
(1) In general.--Notwithstanding any other provision of
law, to provide for sewage treatment in Mexico, the Commission
is authorized to enter into a fee-for-services contract with
the owner of the Mexican Facility.
(2) Requirements for contract.--The fee-for-services
contract referred to in paragraph (1) shall provide for the
following:
(A) The secondary treatment of effluent from the
IWTP, if such treatment is not provided for at a
facility in the United States.
(B) The primary and secondary treatment of up to 50
million gallons per day of additional sewage from the
Tijuana area so as to ensure to the extent possible
that untreated sewage will not flow into the United
States through the Tijuana River.
(C) Transportation of the advance primary effluent
from the IWTP to the Mexican Facility for secondary
treatment.
(D) Treatment of effluent from the IWTP to the
secondary level in a manner that is in compliance with
applicable water quality laws of the United States,
California, and Mexico.
(E) Return conveyance of any such treated effluent
that cannot be reused in either Mexico or the United
States to the South Bay Ocean Outfall for disposition
into the Pacific Ocean.
(F) Sewage treatment capacity which provides for
primary and secondary treatment of up to 50 million
gallons per day of sewage in addition to the capacity
required to treat the advanced primary effluent from
the IWTP.
(G) A contract term of 30 years.
(H) Appropriate arrangements for the monitoring and
verification of compliance with applicable United
States, California, and Mexican water quality
standards.
(I) Arrangements for the appropriate disposition at
a location or locations in Mexico of sludge produced
from the IWTP and the Mexican Facility.
(J) Payment of appropriate fees by the Commission
to the owner of the Mexican Facility for sewage
treatment services with the annual amount payable to
reflect all costs associated with the development,
construction, operation, and financing of the Mexican
Facility.
(K) Provision for transfer of ownership of the
Mexican Facility to the United States if the Commission
fails to perform its obligations under the fee-for-
services contract, and provision for a cancellation fee
by the United States to the owner of the Mexican
Facility, which shall be established in amounts
declining over the term of the contract anticipated to
be sufficient to repay construction debt and other
amounts due to the owner that remain unamortized due to
early termination of the contract.
SEC. 5. NEGOTIATION OF NEW TREATY MINUTE.
(a) Congressional Statement.--In light of the existing threat to
the environment and to public health and safety within the United
States as a result of the river and ocean pollution in the San Diego
United States-Mexico border region, the Secretary is requested to give
the highest priority to the negotiation and execution of a new Treaty
Minute, or a modification of Treaty Minute 283, consistent with the
provisions of this Act, in order that the other provisions of this Act
to address such pollution may be implemented as soon as possible.
(b) Negotiation.--The Secretary is requested to initiate, not later
than 60 days after the date of the enactment of this Act, negotiations
with Mexico for a new Treaty Minute or a modification of Treaty Minute
283 consistent with the provisions of this Act.
(c) Terms of Treaty Minute.--A new Treaty Minute or a modification
of Treaty Minute 283 under this section shall address the following:
(1) A requirement that such new or modified Treaty Minute
be subject to the provisions of the National Environmental
Policy Act of 1969 (NEPA).
(2) The ability to site treatment facilities in Mexico and
in the United States.
(3) The ability to carry out at the Mexican Facility the
secondary treatment of effluent from the IWTP, if such
treatment is not provided for at a facility in the United
States.
(4) The ability to carry out at the Mexican Facility the
primary and secondary treatment of sewage at a capacity up to
50 million gallons per day, in addition to the capacity for the
advanced primary effluent from the IWTP, to be funded by the
United States.
(5) The ability to obtain such approvals from the
Government of Mexico as are needed to verify and enforce water
quality standards at the Mexican Facility.
(6) The ability to allow for the use in the United States,
in a manner consistent with applicable Federal and State law,
of treated effluent from the Mexican Facility, if there is
reclaimed water that is surplus to the needs of users in
Mexico.
(7) Any other terms and conditions considered necessary by
the Secretary in order to fully implement the provisions of
this Act.
SEC. 6. LIMITATION ON USE OF FUNDS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds appropriated for any fiscal year to the Environmental Protection
Agency may be used for making grants authorized under section 510 of
the Water Quality Act of 1987 that exceed a total of $239,400,000, and
the Administrator of the Environmental Protection Agency shall take no
action to obligate any funds under such section if the impact on the
total program cost to the Environmental Protection Agency of such
action would exceed $239,400,000.
(b) Exception.--The limitations under subsection (a) do not apply
if the Governments of the United States and Mexico enter into a new
Treaty Minute or a renegotiation of Treaty Minute 283 that gives effect
to the provisions specified in section 5(c).
SEC. 7. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission, United States and Mexico.
(2) IWTP.--The term ``IWTP'' means the Advanced Primary
Wastewater Treatment Facility constructed under the provisions
of the Federal Water Pollution Control Act of 1987, section 510
of the Water Quality Amendments Act of 1987, and Treaty Minutes
to the Treaty for the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande, dated February 3, 1944.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Mexican facility.--The term ``Mexican Facility'' means
the proposed public/private wastewater treatment facility to be
constructed within Mexico for the purpose of treating sewage
flows generated within Mexico, which flows impact the surface
waters, health, and safety of the United States and Mexico.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Permits the Commission to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety). Sets forth contract requirements.
Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the San Diego U.S.-Mexico border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico.
Limits the amount of grants that may be made for the construction of certain treatment works in San Diego, California, pursuant to the Water Quality Act of 1987. Makes such limitation inapplicable if the Governments of the United States and Mexico enter into a new Treaty Minute or a renegotiation of Treaty Minute 283 pursuant to this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "United States-Mexico Border Sewage Cleanup Act of 1999"} | 2,240 | 237 | 0.617252 | 1.909294 | 0.779189 | 5.689119 | 10.797927 | 0.932642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rapid Deployment Strike Force Act''.
SEC. 2. ESTABLISHMENT.
(a) In General.--The Attorney General shall establish in the
Federal Bureau of Investigation a unit, to be known as the Rapid
Deployment Force, which shall be made available to assist units of
local government in combating crime in accordance with this Act.
(b) Assistant Director.--The Rapid Deployment Force shall be headed
by a Deputy Assistant Director of the Federal Bureau of Investigation
(referred to as ``Deputy Assistant Director'').
(c) Personnel.--
(1) In general.--The Rapid Deployment Force shall be
comprised of approximately 2,500 Federal law enforcement
officers with training and experience in--
(A) investigation of violent crime, drug-related
crime, criminal gangs, and juvenile delinquency; and
(B) community action to prevent crime.
(2) Replacement.--To the extent that the Rapid Deployment
Force is staffed through the transfer of personnel from other
entities in the Department of Justice or any other Federal
agency, such personnel of that entity or agency shall be
replaced through the hiring of additional law enforcement
officers.
SEC. 3. DEPLOYMENT.
(a) In General.--On application of the Governor of a State and the
chief executive officer of the affected local government or governments
(or, in the case of the District of Columbia, the mayor) and upon
finding that the occurrence of criminal activity in a particular
jurisdiction is being exacerbated by the interstate flow of drugs,
guns, and criminals, the Deputy Assistant Director may deploy on a
temporary basis a unit of the Rapid Deployment Force of an appropriate
number of law enforcement officers to the jurisdiction to assist State
and local law enforcement agencies in the investigation of criminal
activity. For the purposes of this Act, the term ``State'' shall be
deemed to include the District of Columbia and any United States
territory or possession.
(b) Application.--An application for assistance under this section
shall--
(1) describe the nature of the crime problem that a local
jurisdiction is experiencing;
(2) describe, in quantitative and qualitative terms, the
State and local law enforcement forces that are available and
will be made available to combat the crime problem;
(3) demonstrate that such State and local law enforcement
forces have been organized and coordinated so as to make the
most effective use of the resources that are available to them,
and of the assistance of the Rapid Deployment Force, to combat
crime;
(4) demonstrate a willingness to assist in providing
temporary housing facilities for members of the Rapid
Deployment Force;
(5) delineate opportunities for training and education of
local law enforcement and community representatives in
anticrime strategies by the Rapid Deployment Force;
(6) include a plan by which the local jurisdiction will
prevent a rebound in the crime level following departure of the
Rapid Deployment Force from the jurisdiction; and
(7) such other information as the Deputy Assistant Director
may reasonably require.
(c) Conditions of Deployment.--The Deputy Assistant Director, upon
consultation with the Attorney General, may agree to deploy a unit of
the Rapid Deployment Force to a State or local jurisdiction on such
conditions as the Deputy Assistant Director considers to be
appropriate, including a condition that more State or local law
enforcement officers or other resources be committed to dealing with
the crime problem. The unit shall serve under the overall control of
the senior State or local law enforcement authority in the deployment
area, pursuant to a clearly delineated command and operational
deployment agreement reached prior to the deployment by the Deputy
Assistant Director and such senior State or local authority.
(d) Deputization.--Members of the Rapid Deployment Force who are
deployed to a jurisdiction shall be deputized in accordance with State
law so as to empower such officers to make arrests and participate in
the prosecution of criminal offenses under State law.
SEC. 4. LEAVE SYSTEM.
Notwithstanding subchapter I of chapter 63 of title 5, United
States Code, the Attorney General of the United States shall, after
consultation with the Director of the Office of Personnel Management,
establish, and administer an annual leave system applicable to the
Federal law enforcement officers serving in the Rapid Deployment Force.
SEC. 5. LOCATION OF UNITS AND FUNCTIONS WHEN NOT DEPLOYED.
(a) Location.--Units of the Rapid Deployment Force shall be based
in the Nation's major regions at locations and in facilities determined
by the Attorney General. Members of the Rapid Deployment Force shall
receive training and education in the regional crime problems of the
region where they are based. The Deputy Assistant Director whenever
possible shall deploy units in the region where they are based.
(b) Nondeployment Functions.--When not deployed pursuant to a
deployment agreement to a locality, the Deputy Assistant Director shall
use members of a unit to provide special training and education to
local law enforcement agencies. To the extent Rapid Deployment Force
units are not needed for deployment or training, members of such units
shall be available to support ongoing regional Federal Bureau of
Investigation efforts and programs and, as appropriate, other Federal
law enforcement efforts, until required for deployment and training. | Rapid Deployment Strike Force Act - Directs the Attorney General to establish in the Federal Bureau of Investigation (FBI) a Rapid Deployment Force (RDF) to assist units of local government in combating crime.
Provides that: (1) the RDF shall be headed by a Deputy Assistant Director of the FBI and comprised of approximately 2,500 Federal law enforcement officers with training and experience in the investigation of violent and drug-related crime, criminal gangs, and juvenile delinquency and community action to prevent crime; and (2) to the extent that the RDF is staffed through the transfer of personnel from other entities in the Department of Justice or any other Federal agency, such personnel shall be replaced through the hiring of additional law enforcement officers.
Authorizes the Deputy Assistant Director, on application of the Governor of a State and the chief executive officer of the affected local government (or, in the case of the District of Columbia, the mayor), and upon finding that the occurrence of criminal activity in a particular jurisdiction is being exacerbated by the interstate flow of drugs, guns, and criminals, to deploy on a temporary basis an RDF unit to the jurisdiction to assist State and local law enforcement agencies in the investigation of criminal activity.
Sets forth requirements regarding: (1) applications for assistance; (2) conditions of deployment; and (3) deputization of RDF members.
Directs the Attorney General to establish and administer an annual leave system applicable to the Federal law enforcement officers serving in the RDF.
Requires that: (1) RDF units be based in the Nation's major regions at locations and in facilities determined by the Attorney General; (2) RDF members receive training and education in the regional crime problems of the region where they are based; and (3) the Deputy Assistant Director, whenever possible, deploy units in the region where they are based.
Provides for the use of the RDF, when not deployed, to provide training and education to local law enforcement agencies and to support Federal law enforcement efforts. | {"src": "billsum_train", "title": "Rapid Deployment Strike Force Act"} | 1,161 | 428 | 0.73076 | 2.316797 | 0.918757 | 5.517677 | 2.669192 | 0.926768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Media Research
Advancement Act'' or the ``CAMRA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Congress has recognized the important role of
electronic media in children's lives when it passed the
Children's Television Act of 1990 (Public Law 101-437) and the
Telecommunications Act of 1996 (Public Law 104-104), both of
which documented public concerns about how electronic media
products influence children's development.
(2) Congress has held hearings over the past several
decades to examine the impact of specific types of media
products such as violent television, movies, and video games on
children's and adolescents' health and development. These
hearings and other public discussions about the role of media
in children's and adolescents' development require behavioral
and social science research to inform the policy deliberations.
(3) There are important gaps in our knowledge about the
role of electronic media and in particular, the newer
interactive digital media, in children's and adolescents'
healthy development. The consequences of very early screen
usage by babies and toddlers on children's cognitive growth are
not yet understood, nor has a research base been established on
the psychological consequences of high definition interactive
media and other format differences for child and adolescent
viewers.
(4) Studies have shown that children who primarily watch
educational shows on television during their preschool years
are significantly more successful in school 10 years later even
when critical contributors to the child's environment are
factored in, including their household income, parent's
education, and intelligence.
(5) The early stages of childhood are a critical formative
period for development. Virtually every aspect of human
development is affected by the environments and experiences
that one encounters during his or her early childhood years,
and media exposure is an increasing part of every child's
social and physical environment.
(6) As of the late 1990's, just before the National
Institute of Child Health and Human Development funded 5
studies on the role of sexual messages in the media on
children's and adolescents' sexual attitudes and sexual
practices, a review of research in this area found only 15
studies ever conducted in the United States on this topic, even
during a time of growing concerns about HIV infection.
(7) In 2001, a National Academy of Sciences study group
charged with studying Internet pornography exposure on youth
found virtually no literature about how much children and
adolescents were exposed to Internet pornography or how such
content impacts their development.
(8) In order to develop strategies that maximize the
positive and minimize the negative effects of each medium on
children's physical, cognitive, social, and emotional
development, it would be beneficial to develop a research
program that can track the media habits of young children and
their families over time using valid and reliable research
methods.
(9) Research about the impact of the media on children and
adolescents is not presently supported through one primary
programmatic effort. The responsibility for directing the
research is distributed across disparate agencies in an
uncoordinated fashion, or is overlooked entirely. The lack of
any centralized organization for research minimizes the value
of the knowledge produced by individual studies. A more
productive approach for generating valuable findings about the
impact of the media on children and adolescents would be to
establish a single, well-coordinated research effort with
primary responsibility for directing the research agenda.
(10) Due to the paucity of research about electronic media,
educators and others interested in implementing electronic
media literacy initiatives do not have the evidence needed to
design, implement, or assess the value of these efforts.
(b) Purpose.--It is the purpose of this Act to enable the National
Institute of Child Health and Human Development to--
(1) examine the role and impact of electronic media in
children's and adolescents' cognitive, social, emotional,
physical, and behavioral development; and
(2) provide for a report to Congress containing the
empirical evidence and other results produced by the research
funded through grants under this Act.
SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following:
``SEC. 452H. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
``(a) In General.--The Director of the Institute shall enter into
appropriate arrangements with the National Academy of Science in
collaboration with the Institute of Medicine to establish an
independent panel of experts to review, synthesize and report on
research, theory, and applications in the social, behavioral, and
biological sciences and to establish research priorities regarding the
positive and negative roles and impact of electronic media use,
including television, motion pictures, DVD's, interactive video games,
and the Internet, and exposure to that content and medium on youth in
the following core areas of child and adolescent development:
``(1) Cognitive.--The role and impact of media use and
exposure in the development of children and adolescents within
such cognitive areas as language development, attention span,
problem solving skills (such as the ability to conduct multiple
tasks or `multitask'), visual and spatial skills, reading, and
other learning abilities.
``(2) Physical.--The role and impact of media use and
exposure on children's and adolescent's physical coordination,
diet, exercise, sleeping and eating routines, and other areas
of physical development.
``(3) Socio-behavioral.--The influence of interactive media
on children's and adolescent's family activities and peer
relationships, including indoor and outdoor play time,
interaction with parents, consumption habits, social
relationships, aggression, prosocial behavior, and other
patterns of development.
``(b) Pilot Projects.--During the first year in which the National
Academy of Sciences panel is summarizing the data and creating a
comprehensive research agenda in the children and adolescents and media
area under subsection (a), the Secretary shall provide for the conduct
of initial pilot projects to supplement and inform the panel in its
work. Such pilot projects shall consider the role of media exposure
on--
``(1) cognitive and social development during infancy and
early childhood; and
``(2) the development of childhood and adolescent obesity,
particularly as a function of media advertising and sedentary
lifestyles that may co-occur with heavy media diets.
``(c) Research Program.--Upon completion of the review under
subsection (a), the Director of the National Institute of Child Health
and Human Development shall develop and implement a program that funds
additional research determined to be necessary by the panel under
subsection (a) concerning the role and impact of electronic media in
the cognitive, physical, and socio-behavioral development of children
and adolescents with a particular focus on the impact of factors such
as media content, format, length of exposure, age of child or
adolescent, and nature of parental involvement. Such program shall
include extramural and intramural research and shall support
collaborative efforts to link such research to other National
Institutes of Health research investigations on early child health and
development.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) prepare and submit to the Director of the Institute
an application at such time, in such manner, and containing
such information as the Director may require; and
``(2) agree to use amounts received under the grant to
carry out activities that establish or implement a research
program relating to the effects of media on children and
adolescents pursuant to guidelines developed by the Director
relating to consultations with experts in the area of study.
``(e) Use of Funds Relating to the Media's Role in the Life of a
Child or Adolescent.--An entity shall use amounts received under a
grant under this section to conduct research concerning the social,
cognitive, emotional, physical, and behavioral development of children
or adolescents as related to electronic mass media, including the areas
of--
``(1) television;
``(2) motion pictures;
``(3) DVD's;
``(4) interactive video games;
``(5) the Internet; and
``(6) cell phones.
``(f) Reports.--
``(1) Report to director.--Not later than 12 months after
the date of enactment of this section, the panel under
subsection (a) shall submit the report required under such
subsection to the Director of the Institute.
``(2) Report to congress.--Not later than December 31,
2011, the Director of the Institute shall prepare and submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate, and Committee on Education and the Workforce of the
House of Representatives a report that--
``(A) summarizes the empirical evidence and other
results produced by the research under this section in
a manner that can be understood by the general public;
``(B) places the evidence in context with other
evidence and knowledge generated by the scientific
community that address the same or related topics; and
``(C) discusses the implications of the collective
body of scientific evidence and knowledge regarding the
role and impact of the media on children and
adolescents, and makes recommendations on how
scientific evidence and knowledge may be used to
improve the healthy developmental and learning
capacities of children and adolescents.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2006;
``(2) $15,000,000 for fiscal year 2007;
``(3) $15,000,000 for fiscal year 2008;
``(4) $25,000,000 for fiscal year 2009; and
``(5) $25,000,000 for fiscal year 2010.''. | Children and Media Research Advancement Act or CAMRA Act - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to establish an independent panel of experts to: (1) review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences regarding the roles and impact of the use of and exposure to electronic media on youth in certain core areas of child and adolescent development; and (2) establish research priorities regarding such issues.
Requires the Secretary of Health and Human Services to conduct initial pilot projects to supplement and inform the panel's work. Requires the Director to develop and implement a program that funds additional research determined to be necessary by the panel concerning the role and impact of electronic media in the development of children and adolescents, with a particular focus on media content, format, length of exposure, age of the child or adolescent, and nature of parental involvement. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the National Institute of Child Health and Human Development to study the role and impact of electronic media in the development of children."} | 2,154 | 210 | 0.56065 | 1.678942 | 0.702099 | 5.705882 | 11.187166 | 0.967914 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Angeles River Revitalization
Act''.
SEC. 2. LOS ANGELES RIVER REVITALIZATION, CALIFORNIA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Los Angeles,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Revitalization Plan.--
(1) In general.--The Secretary, in coordination with the
City and in consultation with appropriate Federal, State,
regional, and local agencies, shall--
(A) prepare a project-specific plan for the
revitalization of the Los Angeles River that is
consistent with the goals of the Los Angeles River
Revitalization Master Plan published by the City; and
(B) submit the plan to Congress by not later than 3
years after the date on which funds are appropriated to
carry out this subsection.
(2) Contents.--The plan under paragraph (1) shall--
(A) address environmental restoration,
recreational, water conservation, flood control,
economic development, and other uses of the Los Angeles
River; and
(B) include--
(i) a feasibility report with respect to
the implementation of the plan; and
(ii) a project-specific environmental
impact statement or similar analysis required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) relating to each
proposed Federal action under the plan.
(3) Use of existing information and measures.--In preparing
and implementing the plan under paragraph (1), the Secretary
shall use, to the maximum extent practicable--
(A) information that is available as of the date of
enactment of this Act;
(B) information developed under the pilot projects
under subsection (c); and
(C) any measure being carried out as of the date of
enactment of this Act by a participating agency.
(4) Agreement.--
(A) In general.--The Secretary shall offer to enter
into a binding agreement with the City and any other
non-Federal sponsor to carry out the plan under
paragraph (1).
(B) Non-federal share.--
(i) In general.--The agreement under
subparagraph (A) shall include cost-sharing
provisions under which the City and any other
non-Federal sponsor shall pay not less than 50
percent of the total costs of carrying out the
plan under paragraph (1).
(ii) Form.--The non-Federal share under
clause (i) may be provided in cash or in-kind.
(iii) Credit for previously developed
information.--In calculating the non-Federal
share under clause (i), the Secretary shall
provide to the City a credit in the amount of
the cost of developing any information used
under paragraph (3)(A).
(5) Alternatives.--
(A) In general.--The Secretary, in coordination
with the City, may recommend, through a full and open
evaluation process, any locally-preferred project as an
alternative to a measure proposed in the plan under
paragraph (1).
(B) Inclusion in feasibility report and eis.--Each
recommended locally-preferred project under
subparagraph (A) shall be included in the feasibility
report or an environmental impact statement or
analysis, as appropriate, under paragraph (2)(B).
(6) Report to congress.--The Secretary shall submit to
Congress a report describing the implementation and results of
the plan under paragraph (1) as soon as practicable after the
date on which the plan is carried out.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000.
(c) Pilot Projects.--
(1) In general.--The Secretary is authorized to construct,
at any time, any pilot project described in paragraph (2) in
order to provide information to develop, or to carry out, the
revitalization plan under subsection (b)(1).
(2) Description of projects.--A pilot project referred to
in paragraph (1) is a pilot project for the revitalization of
the Los Angeles River, including--
(A) a channel wall texturing or other aesthetic
treatment construction project;
(B) a flood control system that incorporates an in-
channel temporary dam to pond water for environmental
or aesthetic purposes;
(C) a graffiti removal or control construction
project; or
(D) a wetlands or riparian habitat restoration
demonstration project.
(3) Agreements.--
(A) In general.--The Secretary shall offer to enter
into a binding agreement with the City and any other
non-Federal sponsor to carry out each pilot project
under paragraph (1) under which the City and any other
non-Federal sponsor shall agree--
(i) to pay at least 35 percent of the total
costs of the pilot project;
(ii) to acquire any land, easement, right-
of-way, relocation, or dredged material
disposal area required to carry out the pilot
project; and
(iii) to hold the United States harmless
for any claim or damage that arises in carrying
out the pilot project, except for a claim or
damage arising from the negligence of an
officer or contractor of the United States.
(B) Non-federal share.--
(i) Form.--The non-Federal share under
subparagraph (A)(i) may be provided in cash or
in-kind.
(ii) Credits.--
(I) In general.--In calculating the
non-Federal share under clause (i), the
Secretary shall provide to the City and
any other non-Federal sponsor a credit
(including an in-kind credit) in an
amount that reflects--
(aa) the value of any land,
easement, right-of-way,
relocation, or dredged material
disposal area provided by the
City and any other non-Federal
sponsor in carrying out the
applicable pilot project; and
(bb) the reasonable cost of
any work performed in
connection with a study,
preconstruction engineering and
design project, or construction
project required to carry out
the revitalization plan under
subsection (b)(1).
(II) Use.--A credit provided under
this clause may be used for any pilot
project under this subsection.
(4) Priority.--The Secretary, in consultation with the
City, shall assign a priority to each pilot project under this
subsection.
(5) Federal share.--Subject to subsection (e), the Federal
share of a pilot project under this subsection shall not exceed
$5,000,000.
(6) Report to congress.--The Secretary shall submit to
Congress a report describing each pilot project carried out
under this subsection as soon as practicable after the date on
which the pilot project is completed.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $35,000,000.
(d) Water Reuse Project.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 117 Stat. 1836, 1838, 1841,
1844; 119 Stat. 2255) is amended--
(1) by striking ``Charleston, south carolina.--$5,000,000''
and inserting the following:
``(72) Charleston, south carolina.--$5,000,000'';
(2) by redesignating the second paragraph (71) and each
subsequent paragraph as paragraphs (73) through (77),
respectively;
(3) in paragraph (75) (as redesignated by paragraph (2))--
(A) by striking ``(75) $6,430,000'' and inserting
the following:
``(75) Indianapolis, indiana.--$6,430,000''; and
(B) by striking the semicolon at the end and
inserting a period; and
(4) by adding at the end the following:
``(78) Los angeles river, los angeles, california.--
$40,000,000 for a water reuse project, including measures for
environmental restoration and revitalization of the Los Angeles
River within the City of Los Angeles, California.''.
(e) Maximum Cost of Projects.--Each project carried out under the
revitalization plan under subsection (b), and each pilot project
carried out under subsection (c), shall be subject to section 902 of
the Water Resources Development Act of 1986 (100 Stat. 4183). | Los Angeles River Revitalization Act - Directs the Secretary of the Army, in coordination with the City of Los Angeles, to submit a project-specific plan for the revitalization of the Los Angeles River that is consistent with the goals of the Los Angeles River Revitalization Master Plan. Directs the Secretary to offer to enter into a binding agreement with the City and any other non-federal sponsor to carry out the plan and to pay at least 50% of the costs.
Authorizes the Secretary to recommend any locally-preferred project as an alternative to a measure proposed in the plan. Requires each such project to be included in the feasibility report or in an environmental impact statement or analysis.
Authorizes the Secretary to construct a pilot project to provide information to develop the plan. Directs the Secretary to: (1) offer to enter into a binding agreement with the City and any other non-federal sponsor to carry out each such pilot project and to pay at least 35% of the costs; and (2) assign a priority to each project.
Amends the Water Resources Development Act of 1992 to authorize appropriations for a Los Angeles River water reuse project, including measures for environmental restoration and revitalization. | {"src": "billsum_train", "title": "A bill to revitalize the Los Angeles River, and for other purposes."} | 1,857 | 255 | 0.690219 | 1.922678 | 0.888555 | 4.822511 | 7.30303 | 0.943723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gift of Life Congressional Medal Act
of 1995''.
SEC. 2. CONGRESSIONAL MEDAL.
The Secretary of the Treasury shall design and strike a bronze
medal with suitable emblems, devices, and inscriptions, to be
determined by the Secretary of the Treasury, to commemorate organ
donors and their families.
SEC. 3. ELIGIBILITY REQUIREMENTS.
(a) In General.--Any organ donor, or the family of any organ donor,
shall be eligible for a medal described in section 2.
(b) Documentation.--The Secretary of Health and Human Services
shall direct the entity holding the Organ Procurement and
Transplantation Network (hereafter in this Act referred to as ``OPTN'')
to contract to--
(1) establish an application procedure requiring the
relevant organ procurement organization, as described in
section 371(b)(1) of the Public Health Service Act (42 U.S.C.
273(b)(1)), through which an individual or their family made an
organ donation, to submit to the OPTN contractor documentation
supporting the eligibility of that individual or their family
to receive a medal described in section 2; and
(2) determine, through the documentation provided, and, if
necessary, independent investigation, whether the individual or
family is eligible to receive a medal described in section 2.
SEC. 4. PRESENTATION.
(a) Delivery to the Secretary of Health and Human Services.--The
Secretary of the Treasury shall deliver medals struck pursuant to this
Act to the Secretary of Health and Human Services.
(b) Delivery to Eligible Recipients.--The Secretary of Health and
Human Services shall direct the OPTN contractor to arrange for the
presentation to the relevant organ procurement organization all medals
struck pursuant to this Act to individuals or families that, in
accordance with section 3, the OPTN contractor has determined to be
eligible to receive medals under this Act.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only
1 medal may be presented to a family under subsection (b).
(2) Exception.--In the case of a family in which more than
1 member is an organ donor, the OPTN contractor may present an
additional medal to each such organ donor or their family.
SEC. 5. DUPLICATE MEDALS.
(a) In General.--The Secretary of Health and Human Services or the
OPTN contractor may provide duplicates of the medal described in
section 2 to any recipient of a medal under section 4(b), under such
regulations as the Secretary of Health and Human Services may issue.
(b) Limitation.--The price of a duplicate medal shall be sufficient
to cover the cost of such duplicates.
SEC. 6. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of section 5111 of title 31, United States Code.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act.
SEC. 8. SOLICITATION OF DONATIONS.
(a) In General.--The Secretary of the Treasury may enter into an
agreement with the OPTN contractor to collect funds to offset
expenditures relating to the issuance of medals authorized under this
Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all
funds received by the Organ Procurement and Transplantation
Network under subsection (a) shall be promptly paid by the
Organ Procurement and Transplantation Network to the Secretary
of the Treasury.
(2) Limitation.--Not more than 5 percent of any funds
received under subsection (a) shall be used to pay
administrative costs incurred by the OPTN contractor as a
result of an agreement established under this section.
(c) Numismatic Public Enterprise Fund.--Notwithstanding any other
provision of law--
(1) all amounts received by the Secretary of the Treasury
under subsection (b)(1) shall be deposited in the Numismatic
Public Enterprise Fund, as described in section 5134 of title
31, United States Code; and
(2) the Secretary of the Treasury shall charge such fund
with all expenditures relating to the issuance of medals
authorized under this Act.
(d) Start-Up Costs.--A 1-time amount not to exceed $55,000 shall be
provided to the OPTN contractor to cover initial start-up costs. The
amount will be paid back in full within 3 years of the date of the
enactment of this Act from funds received under subsection (a).
(e) No Net Cost to the Government.--The Secretary of the Treasury
shall take all actions necessary to ensure that the issuance of medals
authorized under section 2 results in no net cost to the Government.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``organ'' means the human kidney, liver,
heart, lung, pancreas, and any other human organ (other than
corneas and eyes) specified by regulation of the Secretary of
Health and Human Services or the OPTN contractor; and
(2) the term ``Organ Procurement and Transplantation
Network'' means the Organ Procurement and Transplantation
Network established under section 372 of the Public Health
Service Act (42 U.S.C. 274). | Gift of Life Congressional Medal Act of 1995 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families.
Makes eligible for the medal any organ donor or donor's family.
Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals.
Declares the medals to be national medals.
Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance.
Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund. | {"src": "billsum_train", "title": "Gift of Life Congressional Medal Act of 1995"} | 1,201 | 156 | 0.62017 | 1.711353 | 0.77196 | 3.079365 | 8.484127 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Efficiency and Savings in
Government Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to require the General Services Administration to audit
the energy performance of buildings owned by the General
Services Administration and identify--
(A) steps that can be taken to improve energy
efficiency and reduce costs; and
(B) cost-savings that can be achieved by
implementing energy efficiency measures;
(2) to establish minimum efficiency standards for buildings
leased by the Federal government;
(3) to increase energy efficiency and reduce pollution; and
(4) to require regular reporting to Congress and the public
on the energy use of Federal buildings and the cost-savings and
pollution reduction associated with efficiency measures.
SEC. 3. ENERGY AUDITS OF PUBLIC BUILDINGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, each energy manager (as defined in section 543(f)(1) of
the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(1))) of
a building owned by the General Services Administration shall carry out
an audit of that building that--
(1) identifies any modifications necessary to improve
energy efficiency that, within 10 years of implementation, will
result in energy cost savings equal to the total investment
made; and
(2) quantifies the estimated cost-savings associated with
any energy efficiency improvements identified by the energy
manager.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of General Services shall report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on--
(1) all efficiency improvements identified in the audits
carried out under subsection (a);
(2) the total estimated cost-savings associated with the
efficiency improvements described in paragraph (1); and
(3) the status of implementation of the efficiency
improvements described in paragraph (1).
SEC. 4. IMPROVING EFFICIENCY OF LEASED BUILDINGS.
Section 435 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17091) is amended--
(1) in subsection (b)(2), by striking ``paragraph (2)'' and
inserting ``paragraph (1)'';
(2) by redesignating subsection (c) as subsection (f); and
(3) by inserting after subsection (b) the following:
``(c) Other Efficiency Improvements.--In accordance with subsection
(d), beginning 1 year after the date of enactment of the Promoting
Efficiency and Savings in Government Act, each lease of a building or
space in a building entered into by a Federal department or agency
shall include, except under the conditions described in subparagraphs
(B) through (D) of subsection (b)(1)--
``(1) a maximum energy intensity standard;
``(2) a lighting efficiency requirement, accounting for
appropriate task lighting; and
``(3) to the extent feasible, an incentive structure that
allows the Federal department or agency leasing the building or
space and the building owner to share the financial savings of
efficiency investments and efficient operating practices.
``(d) Standards.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Administrator of General
Services, on the advice of the Secretary, shall issue minimum
standards under paragraphs (1) and (2) of subsection (c) that
are designed to improve efficiency in a cost-effective manner.
``(2) Updates.--The Secretary shall periodically review the
standards under paragraph (1) and make any recommendations to
the Administrator of General Services for revisions that the
Secretary determines to be appropriate.
``(e) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection and every 2 years thereafter, the
Director of the Office of Management and Budget, in
coordination with the Administrator of General Services, shall
submit to Congress a report describing--
``(A) the implementation by each Federal department
or agency of this section; and
``(B) the extent to which each Federal department
or agency has achieved compliance with the applicable
requirements and standards of this section.
``(2) Relationship to existing reports.--A report under
paragraph (1) may be incorporated into a related or similar
report of a Federal agency prepared by that Federal agency to
meet other similar requirements.''.
SEC. 5. LEASED BUILDING EFFICIENCY REPORTING.
Section 3307(b) of title 40, United States Code, is amended by
striking paragraph (7) and inserting the following:
``(7) with respect to any prospectus for the construction,
alteration, or acquisition of any building or space to be
leased, an assessment of the future energy performance and
water efficiency of the building or space, including, to the
maximum extent practicable--
``(A) a description of the energy efficient and
renewable energy systems, including photovoltaic
systems, that are likely to be used in the
construction, alteration, or acquisition of any
building or space to be leased;
``(B) a description of the water saving
technologies and systems that are likely to be used in
the construction, alteration, or acquisition of any
building or space to be leased;
``(C) the expected energy and water use intensity
for the building or space, as compared to buildings of
similar type and use;
``(D) a description of alternative workplace and
other related strategies that are likely to be employed
to minimize the space requirements and energy and water
use of the building or space;
``(E) a description of the use of lifecycle cost
analysis; and
``(F) if applicable, a description of any financing
methods, such as energy service contracts, that are
likely to be used for improvements described in
subparagraphs (A) and (B).''.
SEC. 6. REPORTING ON BUILDING ENERGY AND WATER EFFICIENCY.
Section 436(f) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17092(f)) is amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (8) as paragraph (9);
(3) by inserting after paragraph (7) the following:
``(8) summarizes the energy and water use of Federal
buildings, including--
``(A) energy and water use data by Department
climate zone, building type, primary building use,
agency, and building vintage;
``(B) data on--
``(i) total energy usage and energy usage
by heating, ventilation, and air-conditioning,
water heating, lighting, plug-loads, and other
subsystems; and
``(ii) cost savings attributable to energy
and water efficiency measures; and
``(C) a description of the use of design or
technological features that contribute to reductions in
energy and water use, as determined to be appropriate
for inclusion by the Federal Director; and''; and
(4) in paragraph (9) (as redesignated by paragraph (2)), by
striking ``(7)'' and inserting ``(8)''. | Promoting Efficiency and Savings in Government Act - Requires each energy manager of a building owned by the General Services Administration (GSA) to carry out an audit of that building that: (1) identifies any modification necessary to improve energy efficiency that, within 10 years of implementation, will result in energy cost savings equal to the total investment made; and (2) quantifies the estimated cost-savings associated with any identified efficiency improvements. Requires the Administrator of GSA to report on all efficiency improvements identified in the audit, the total estimated cost-savings associated with the efficiency improvements, and the status of implementation of the efficiency improvements. Requires each lease of a building or space entered into by a federal department or agency to include: (1) a maximum energy intensity standard; (2) a lighting efficiency requirement, accounting for appropriate task lighting; and (3) an incentive structure that allows a department or agency leasing the building or space and the building owner to share the financial savings of efficiency investments and efficient operating practices. Amends the Energy Independence and Security Act of 2007 to require the Federal Director of the Office of Federal High-Performance Green Buildings to include in the report to Congress a summary of the energy and water use of federal buildings. | {"src": "billsum_train", "title": "Promoting Efficiency and Savings in Government Act"} | 1,582 | 263 | 0.695306 | 1.925869 | 0.915766 | 5.73251 | 6.337449 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Accountability through
Sustainable Funding Act''.
SEC. 2. REQUIREMENT THAT THE COMMODITY FUTURES TRADING COMMISSION
IMPOSE FEES AND ASSESSMENTS TO RECOVER THE COST OF
APPROPRIATIONS TO THE COMMISSION.
Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended
by adding at the end the following:
``(i) Recovery of Costs of Annual Appropriations.--
``(1) Imposition of fees.--
``(A) In general.--The Commission shall, by order,
impose a fee on each agreement, contract, or
transaction that is a contract of sale of a commodity
for future delivery, an option on such a contract, or a
swap, so that the total of the fees so imposed during
each fiscal year is sufficient to recover the costs to
the Government of the annual appropriation to the
Commission by Congress for the fiscal year.
``(B) Limitation.--The fees imposed under this
paragraph on all transactions of the same kind shall be
determined in a uniform manner.
``(C) Mid-year adjustment.--
``(i) In general.--By March 1 of each
fiscal year, the Commission shall determine
whether, based on the fees collected under this
subsection during the first 5 months of the
fiscal year, the total of the amounts collected
and to be collected under this subsection for
the fiscal year is reasonably likely to be 10
percent (or more) greater or less than the
costs described in subparagraph (A) for the
fiscal year. If the Commission so determines,
the Commission shall by order, no later than
March 1 of the fiscal year, adjust the fee
rates otherwise applicable under this paragraph
for the fiscal year so that the total of the
amounts so collected and to be collected is
reasonably likely to equal to the costs so
described.
``(ii) Effective date.--Subject to
paragraphs (2)(C) and (4), an adjusted rate
prescribed under clause (i) of this
subparagraph in a fiscal year shall take effect
on the later of--
``(I) the 1st day of the fiscal
year to which the rate applies; or
``(II) 60 days after the date on
which a regular appropriation to the
Commission for the fiscal year is
enacted.
``(D) Publication.--The Commission shall publish in
the Federal Register notices of the fee rates
applicable under this paragraph for a fiscal year not
later than 30 days after the date on which a regular
appropriation to the Commission for the fiscal year is
enacted, together with any estimates or projections on
which the fee rates are based.
``(E) Inapplicability of rule making
requirements.--In exercising its authority under this
paragraph, the Commission shall not be required to
comply with section 553 of title 5, United States Code.
``(F) No judicial review.--A fee rate prescribed
under this paragraph and published in accordance with
subparagraph (D) shall not be subject to judicial
review.
``(2) Payment and collection of fees.--
``(A) Cleared transactions; uncleared swaps
reported to swap data repositories.--
``(i) Payment of fees.--
``(I) Cleared transactions.--In the
case of a contract of sale of a
commodity for future delivery, an
option on such a contract, or a swap
that is cleared by a derivatives
clearing organization registered or
exempt from registration under this
Act, each party to the agreement,
contract, or transaction shall pay the
fee determined under paragraph (1) to
the derivatives clearing organization.
``(II) Uncleared swaps reported to
swap data repositories.--In the case of
a swap that is not cleared by a
derivatives clearing organization
registered or exempt from registration
under this Act and that is accepted by
a swap data repository registered under
section 21, each party to the swap
shall pay the transaction fee
determined under paragraph (1) to the
swap data repository.
``(ii) Collection of fees.--The Commission
shall collect the fees paid in accordance with
clause (i) in such manner and within such time
as the Commission deems appropriate.
``(B) Uncleared swaps reported to commission.--In
the case of a swap that is not cleared by a derivatives
clearing organization registered or exempt from
registration under this Act and that is reported to the
Commission pursuant to section 4r, each party to the
swap shall pay the fee determined under paragraph (1)
to the Commission in a manner and within such time as
the Commission deems appropriate.
``(C) Subject to appropriations.--Except as
provided in paragraph (4), a fee shall not be collected
under this subsection for a fiscal year, except to the
extent provided in advance in appropriation Acts.
``(3) Deposit of fees.--
``(A) Offsetting collections.--A fee collected
under paragraph (2) for a fiscal year shall be
deposited and credited as offsetting collections to the
account providing appropriations to the Commission.
``(B) General revenues prohibited.--A fee collected
under paragraph (2) for a fiscal year shall not be
deposited and credited as general revenue of the
Treasury.
``(4) Lapse of appropriation.--If on the first day of a
fiscal year a regular appropriation to the Commission has not
been enacted, the Commission shall continue to collect (as
offsetting collections) the fees imposed under paragraph (1) at
the rate in effect during the preceding fiscal year, until 60
days after the date such a regular appropriation is enacted.''. | Wall Street Accountability through Sustainable Funding Act - Amends the Commodity Exchange Act to require the Commodity Futures Trading Commission (CFTC) to impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option on such a contract, or a swap to recover the government's cost of the annual CFTC appropriation for the fiscal year. | {"src": "billsum_train", "title": "To require the Commodity Futures Trading Commission to impose fees and assessments to recover the cost of appropriations to the Commission."} | 1,292 | 97 | 0.577289 | 1.451544 | 1.029132 | 6.581081 | 15.675676 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community Response
Team Act of 1995''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) establish and strengthen the partnership between law
enforcement and community groups in order to assist victims of
domestic violence;
(2) provide early intervention and followup services in
order to prevent future incidents of domestic violence; and
(3) establish a central technical assistance center for the
collection and provision of programmatic information and
technical assistance.
SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), is authorized to award
grants to encourage eligible entities to serve as community response
teams to assist in the prevention of domestic violence. Grants awarded
under this section shall be awarded in a manner that ensures geographic
and demographic diversity.
(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount that exceeds $500,000.
(c) Duration.--The Secretary shall award grants under this section
for periods of not to exceed 3 years.
(d) Eligible Entity.--
(1) In general.--For purposes of this section, the term
``eligible entity'' means a nonprofit, community-based
organization whose primary purpose involves domestic violence
prevention, and who has demonstrated expertise in providing
services to victims of domestic violence and collaborating with
service providers and support agencies in the community.
(2) Additional requirements.--In order to be considered an
eligible entity for purposes of this section, an entity shall--
(A) have an understanding of the racial, ethnic,
and lingual diversity of the community in which such
entity serves as a community response team;
(B) be able to respond adequately to such
community; and
(C) to the extent practicable, include personnel
that reflect the racial, ethnic, and lingual diversity
of such community.
(3) Preference in making grants.--In making grants under
subsection (a) for a fiscal year, the Secretary shall give
preference to qualified eligible entities who for such year are
not receiving any other Federal grant for carrying out
activities to prevent domestic violence.
(e) Role of Community Response Teams.--Community response teams
established pursuant to this section shall--
(1) provide community advocates to work (in conjunction
with local police) with victims, immediately after incidents of
domestic violence;
(2) educate victims of domestic violence about the legal
process with respect to restraining orders and civil and
criminal charges;
(3) discuss with such victims immediate safety arrangements
and child care needs, and educate victims about resources
provided by local agencies;
(4) provide for followup services and counseling with local
support agencies;
(5) educate victims regarding abuse tactics, including
increased incidence of violence that occurs after repeated
episodes of violence; and
(6) act in partnership with local law enforcement agencies
to carry out the purposes of this Act.
(f) Applications.--
(1) In general.--Applications for grants under this section
shall be submitted to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) include a complete description of the eligible
entity's plan for operating a community-based
partnership between law enforcement officials and
community organizations;
(B) demonstrate effective community leadership,
commitment to community action, and commitment to
working with affected populations;
(C) provide for periodic project evaluation through
written reports and analysis in order to assist in
applying successful programs to other communities; and
(D) demonstrate an understanding of the population
to be served, including an understanding of the racial,
ethnic, and socioeconomic characteristics that
influence the roles of women and affect treatment.
(g) Administrative Expenses.--Of the amount made available under
section 5 for a grant under this section for a community response team,
not more than 5 percent of such amount may be expended to cover the
administrative expenses of the community response team.
SEC. 4. TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary is authorized to award a contract to
an eligible entity to serve as a technical assistance center under this
Act. The technical assistance center shall--
(1) serve as a national information, training, and material
development source for the development and support of community
response teams nationwide; and
(2) provide technical support and input to community
programs, including assisting local groups in the establishment
of programs and providing training to community volunteer staff
persons.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means a nonprofit organization with a primary focus
on domestic violence prevention and demonstrated expertise in providing
technical assistance, information, training, and resource development
on some aspect of domestic violence service provision or prevention. An
eligible entity shall be selected by the Secretary under this section
based on competence, experience, and a proven ability to conduct
national-level organization and program development. In order to be
considered an eligible entity for purposes of this section, an entity
shall provide the Secretary with evidence of support from community-
based domestic violence organizations for the designation of the entity
as the technical assistance center.
(c) Administrative Expenses.--Of the amount made available under
section 5 for a contract under this section for a technical assistance
center, not more than 5 percent of such amount may be expended to cover
the administrative expenses of the technical assistance center.
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--For the purpose of carrying
out this Act, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 1996 through 1998.
(b) Allocation.--Of the amounts appropriated under subsection (a)
for a fiscal year, the Secretary shall make available $300,000 for a
contract under section 4.
(c) Source of Funding for Program.--
(1) Offsetting reduction in funding for energy information
agency.--With respect to the authorizations of appropriations
that have been established for the programs and activities of
the Energy Information Administration, the total amount of such
authorizations is, for each of the fiscal years specified in
subsection (a), reduced by $5,000,000. The preceding sentence
applies notwithstanding any other provision of law.
(2) Report regarding other sources of funds for energy
information agency.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Energy shall submit
to the Congress a report providing a determination by the
Secretary of whether it would be practicable for the Energy
Information Administration to provide for some or all of the
funding for the Administration through imposing a charge for
some or all of the services or materials that the
Administration provides to the public. | Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to award: (1) grants of up to $500,000 each for community response teams to help prevent domestic violence; and (2) award a contract to an eligible entity to serve as a technical assistance center.
(Sec. 5) Authorizes appropriations.
Reduces appropriations authorized for the Energy Information Administration. Directs the Secretary of Energy to report to the Congress whether it would be practicable for the Administration to provide for some or all its funding by imposing a charge for services or materials that it provides to the public. | {"src": "billsum_train", "title": "Domestic Violence Community Response Team Act of 1995"} | 1,482 | 137 | 0.577993 | 1.683483 | 0.703196 | 3.801587 | 11.269841 | 0.912698 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``Commercial Fishing Industry Health
Care Coverage Act of 2008''.
SEC. 2. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY HEALTH CARE
COVERAGE DEMONSTRATION PROGRAMS.
Part B of title III of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 320B. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY HEALTH
CARE COVERAGE DEMONSTRATION PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--The Secretary, through the Health
Resources and Services Administration, shall establish a grant
program (in this section referred to as the `grant program')
for the purpose of assisting commercial fishing States to
establish, or strengthen existing, programs to expand health
care coverage and access for uninsured or underinsured workers
and their families in the commercial fishing industry.
``(2) Types of grants.--Under the grant program, the
Secretary shall provide--
``(A) program planning grants under subsection (b)
for commercial fishing States and organizations within
such States; and
``(B) implementation and administration grants
under subsection (c) for no more than 15 commercial
fishing States.
``(3) Application required.--No grant may be awarded under
this section except pursuant to an application that is made in
such form and manner, and containing such information, as the
Secretary may require.
``(b) Program Planning Grants.--
``(1) In general.--Under the grant program the Secretary
may award grants to one or more commercial fishing States (or
to organizations with a history of active involvement in the
commercial fishing industry in such a State, including
knowledge of economic and social aspects of such industry), not
to exceed $200,000 for each year and for no more than two
years, to conduct initial research and planning for the
development of a qualified health care coverage program in the
State. Any grantee under this subsection shall--
``(A) conduct a demographic survey of the State's
commercial fishing industry and such industry's health
care needs; and
``(B) develop a strategic plan, including a
detailed financial plan, for implementation of a
qualified health care coverage program within the
State.
``(2) Consultation with states.--Before awarding a grant
under this subsection to an organization, the Secretary shall
consult with States where the organization is located in order
to assist in a determination as to whether the organization--
``(A) has the necessary familiarity with and
knowledge of the commercial fishing industry in the
State to fulfill the purposes of the grant; and
``(B) has a history of fraudulent or abusive
practices that would disqualify the organization from
carrying out the grant.
``(3) Actions following completion of planning grants.--
Based on the research findings, financial plan, and other
recommendations developed by the State or organization under
paragraph (1), a State may submit an application for program
implementation and administration grants under subsection (c).
``(c) Implementation and Program Administration Grants.--
``(1) In general.--Under the grant program, subject to the
succeeding provisions of this subsection, the Secretary may
award the following grants to commercial fishing States:
``(A) Initial implementation grants.--A grant, not
to exceed $2,000,000 for each year and for no more than
two years, for initial implementation of a qualified
health care coverage program.
``(B) Program administration grants.--A grant, not
to exceed $3,000,000 for each year and for no more than
five years, for administration of a qualified health
care coverage program.
``(C) Continued administration grants.--A grant,
not to exceed $3,000,000 for each year, for continued
administration of a qualified health care coverage
program in a State that has been awarded administration
grants for 5 years under subparagraph (B) and that has
satisfactorily administered such program using the
funds provided by such grants for at least 5 years, if
the economic conditions of the fishing industry in the
program's service area (or the condition of fish stocks
that are important to the fishing industry in such
area) jeopardize the ability of the program to continue
providing affordable health care coverage.
A grant may be made for a qualified health care coverage
program under subparagraph (A) or (B) regardless of whether or
not the program was developed with a program planning grant
under subsection (b) or was implemented under a grant under
subparagraph (A), respectively, and regardless of whether the
program was developed or initially implemented before the date
of the enactment of this section.
``(2) Eligibility requirements.--The Secretary may not
award a grant under this subsection to a commercial fishing
State for implementation or administration of a health care
coverage program unless--
``(A) the State demonstrates that the program--
``(i) is a qualified health care coverage
program and enrolls fishing industry members
and their families if they were uninsured or
underinsured; and
``(ii) requires Federal funding for its
operation; and
``(B) the State provides assurances satisfactory to
the Secretary that--
``(i) if the program is an expansion of an
existing health care coverage program, the
State will use the grant funding to expand the
enrolled population of uninsured or
underinsured commercial fishing industry
members and their families, or modify coverage
to comply with qualified health care coverage,
under the program and to supplement, and not
supplant, State provided funding for such
program; or
``(ii) if the program is a new qualified
health care coverage program, the State will
ensure the program's continued success through
the implementation of appropriate financial and
consumer protection regulations, controls,
licensing, or oversight policies, including (as
determined by the State) any of the following:
``(I) Protection against
insolvency, fraud and abuse.
``(II) State-based stop-loss
protection.
``(III) Reinsurance.
``(IV) Receivership/liquidation
protection against insolvency for
individuals.
``(V) Another demonstration of
State financial commitment.
``(3) Requirement of matching funds.--
``(A) In general.--A grant may be made under this
subsection 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 $1 for each $2 of
Federal funds provided in the grant.
``(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) 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.
``(4) Contracting authority.--
``(A) In general.--A commercial fishing State may
enter into a contract with one or more eligible non-
profit organizations or companies for the purpose of
conducting activities under an implementation or
administration grant under this subsection and may not
enter into such a contract with an organization or
company which is not eligible under subparagraph (C).
``(B) Subcontracting arrangements.--A contractor
described in subparagraph (A) may subcontract with one
or more eligible non-profit organizations or companies
for the purpose of conducting activities under such an
implementation or administration grant, if the State
approves such subcontracting arrangements.
``(C) Eligibility standards.--The Secretary shall
issue regulations establishing eligibility standards
for organizations and companies under this paragraph.
Such standards shall include requirements that States
review whether prospective contractors or
subcontractors under this paragraph--
``(i) have a history of fraudulent or
abusive practices that would disqualify them
from participating in a contract or
subcontract;
``(ii) have the capability and experience
to assist in the management of a qualified
health care coverage program; and
``(iii) in the case of commercial fishing
organizations, have an appropriate level of
familiarity with, and knowledge of, the
commercial fishing industry.
``(d) Definitions.--For purposes of this section:
``(1) Commercial fishing state.--The term `commercial
fishing State' means a State (as defined in section 2(f)) with
a significant commercial fishing population or a significant
commercial fishing industry. The Secretary shall accept a
State's self-certification that it is a commercial fishing
State if the State demonstrates to the Secretary that--
``(A) such self-certification is based on
consultation by the State with local organizations
familiar with the commercial fishing industry in the
State; and
``(B) the State has a significant commercial
fishing population or a significant commercial fishing
industry.
``(2) Commercial fishing industry member.--The term
`commercial fishing industry member' means a fisherman,
crewmember, boat owner, captain, shore side business owner,
employee of a company that provides shore side support,
harvester, or other individual performing commercial fishing
industry-related work, if more than half of such individual's
income derives from such work at the time the individual
enrolls in a qualified health care coverage program.
``(3) Qualified health care coverage program.--The term
`qualified health care coverage program' means a program that
provides qualified health care coverage to commercial fishing
industry members and their families consistent with the
following:
``(A) Eligibility for enrollment of such members
and families is only restricted by capacity, based on a
first come, first served basis when space is limited,
and health status related factors (as defined in
section 2702), age, and gender may not be used as a
basis for determining eligibility.
``(B) The program does not include any preexisting
condition exclusion (as defined in section 2701) or any
coverage elimination rider that permanently excludes
from coverage an existing medical condition.
``(C) Premium rates under the program are computed
based on a community rate, and may be adjusted only for
income and family size.
``(4) Qualified health care coverage.--The term `qualified
health care coverage' means coverage that meets any of the
following conditions:
``(A) FEHBP coverage.--The coverage is actuarially
equivalent to the coverage provided under the health
benefits plan, under chapter 89 of title 5, United
States Code, which has the largest enrollment, either
in the United States or in the State involved.
``(B) State employees coverage.--The coverage is
actuarially equivalent to the coverage provided under
the health benefits plan, that is offered by the State
to State government employees, which has the largest
enrollment of such plans in the State.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the purpose of carrying out this
section--
``(1) $5,000,000 for fiscal year 2009;
``(2) $5,000,000 for fiscal year 2010;
``(3) $10,000,000 for fiscal year 2011;
``(4) $10,000,000 for fiscal year 2012; and
``(5) $20,000,000 for fiscal year 2013.''. | Commercial Fishing Industry Health Care Coverage Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, through the Health Resources and Services Administration, to establish a grant program to assist commercial fishing states in establishing or strengthening programs to expand health care coverage and access for uninsured or underinsured workers in the commercial fishing industry and their families.
Requires the Secretary to provide: (1) program planning grants for commercial fishing states and organizations within such states, including for initial research and planning to develop a qualified health care coverage program; and (2) implementation and administration grants for such states. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a Federal grant program to provide increased health care coverage to and access for uninsured and underinsured workers and families in the commercial fishing industry, and for other purposes."} | 2,503 | 133 | 0.748274 | 1.797459 | 0.686886 | 3.683333 | 19.625 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neuromyelitis Optica Consortium
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Neuromyelitis optica (NMO) is a devastating neurologic
disease leading to blindness and paralysis.
(2) There are an estimated 11,000 patients with NMO in the
United States.
(3) Women are affected 7 to 9 times more than men, and a
large proportion of NMO patients are African-American.
(4) The average age at diagnosis is 41 years, but the range
is broad and includes children as young as 2 years of age and
adults as old as 89 years of age.
(5) NMO incurs substantial costs for affected patients and
their families.
(6) The cause of NMO is unknown, but it is hypothesized to
be autoimmune in nature.
(7) More than 90 percent of NMO patients will suffer
recurrent disease and accumulate neurologic disability.
(8) Because of their relatively low overall incidence,
orphan diseases like NMO frequently do not receive sufficient
attention and research funding.
(9) No single institution has a sufficient number of
patients to independently conduct research that will adequately
address the cause of NMO.
(10) There has been no comprehensive study analyzing all
relevant clinical, biological, and epidemiological aspects of
NMO to identify potential risk factors and biomarkers for NMO.
(11) We can apply our understanding of NMO to the study of
other autoimmune diseases, including multiple sclerosis and
systemic lupus erythematosus.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that there is a need--
(1) to establish and coordinate a multicenter research
effort based on collaboration between regional consortia and
governmental and nongovernmental entities in order to--
(A) comprehensively study the causes of NMO; and
(B) identify potential biomarkers of disease
activity; and
(2) to encourage a collaborative effort among academic
medical centers with epidemiological study groups to gather
comprehensive and detailed information for each patient
enrolled in those groups, in order to investigate
environmental, nutritional, and genetic factors with respect
to, and the pathological and epidemiological characteristics
of, NMO.
SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding after section 409J the following new
section:
``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
``(a) Establishment of the National Neuromyelitis Optica
Consortium.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, acting through
the Director of NIH, and in coordination with the Director of
the National Institute on Minority Health and Health
Disparities, shall establish, administer, and coordinate a
National Neuromyelitis Optica Consortium (in this section
referred to as the `NNO Consortium') for the purposes described
in paragraph (2).
``(2) Purposes.--The purposes of the NNO Consortium shall
be the following:
``(A) Providing grants of not fewer than 5 years
duration to eligible consortia for the purpose of
conducting research with respect to the causes of, and
the risk factors and biomarkers associated with, NMO.
``(B) Assembling a panel of experts to provide,
with respect to research funded by the NNO Consortium,
ongoing guidance and recommendations for the
development of the following:
``(i) A common study design.
``(ii) Standard protocols, methods,
procedures, and assays for collecting from
individuals enrolled as study participants a
minimum dataset that includes the following:
``(I) Complete medical history.
``(II) Neurologic examination.
``(III) Biospecimens, including
blood, spinal fluid, DNA, and RNA.
``(IV) Radiological data including
magnetic resonance imaging (MRI).
``(iii) Specific analytical methods for
examining data.
``(iv) Provisions for consensus review of
enrolled cases.
``(v) An integrated data collection
network.
``(C) Designating a central laboratory to collect,
analyze, and aggregate data with respect to research
funded by the NNO Consortium and to make such data and
analysis available to researchers.
``(3) Eligible consortia.--To be eligible for a grant under
this section, a consortium shall demonstrate the following:
``(A) The consortium has the capability to enroll
as research participants a minimum of 25 individuals
with a diagnosis of NMO from the consortium's
designated catchment area.
``(B) The designated catchment area of the
consortium does not overlap with the designated
catchment area of another consortium already receiving
a grant under this section.
``(4) Report.--Not later than 1 year after the date of the
enactment of this section and annually thereafter, the
Secretary, acting through the Director of NIH, shall submit to
Congress a report with respect to the NNO Consortium, to be
made publicly available, including a summary of research funded
by the NNO Consortium and a list of consortia receiving grants
through the NNO Consortium. At the discretion of the Secretary,
such report may be combined with other similar or existing
reports.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $25,000,000 for each of fiscal years 2013
through 2017, to remain available until expended, to
carry out this section.
``(B) Sense of congress.--It is the sense of
Congress that funds appropriated to carry out this
section should be in addition to funds otherwise
available or appropriated to carry out the activities
described in this section.
``(b) Definitions.--For purposes of this section:
``(1) Catchment area.--The term `catchment area' means a
defined area for which population data are available.
``(2) Consortium.--The term `consortium' means a
partnership of 2 or more universities, health care
organizations, or government agencies, or any combination of
such entities, serving a designated catchment area.''. | Neuromyelitis Optica Consortium Act - Expresses the sense of Congress that there is a need to: (1) establish and coordinate a multicenter research effort to comprehensively study the causes of neuromyelitis optica (NMO) and identify potential biomarkers; and (2) encourage a collaborative effort among academic medical centers with epidemiological study groups to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO.
Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), in coordination with the Director of the National Institute on Minority Health and Health Disparities, to establish, administer, and coordinate a National Neuromyelitis Optica Consortium to: (1) provide five-year grants to eligible consortia to conduct research regarding the causes of, and the risk factors and biomarkers associated with, NMO; (2) assemble a panel of experts to provide guidance and recommendations for the development of a common study design, standard methods for collecting a minimum data set from study participants, specific analytical methods for examining data, provisions for consensus review of enrolled cases, and an integrated data collection network; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to funded research and to make such data and analysis available to researchers.
Requires a consortium (a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area), to be eligible for a grant, to demonstrate that: (1) it has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area, and (2) such area does not overlap with the designated catchment area of another consortium already receiving a grant under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to create a National Neuromyelitis Optica Consortium to provide grants and coordinate research with respect to the causes of, and risk factors associated with, neuromyelitis optica, and for other purposes."} | 1,409 | 398 | 0.636336 | 2.393497 | 0.873672 | 4.8125 | 3.636364 | 0.965909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Durable equipment.--The term ``durable equipment''
means durable food preparation, handling, cooking, and storage
equipment.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency (as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(B) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)); or
(C) a consortium that includes a local educational
agency referred to in subparagraph (A), a tribal
organization referred to in subparagraph (B), or both.
(3) Infrastructure.--The term ``infrastructure'' means a
food storage facility, kitchen, food service facility, dining
room, or food preparation facility.
(4) School food program.--The term ``school food programs''
means--
(A) the school breakfast program established under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
(B) the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LOAN GUARANTEE FOR ASSISTANCE TO SCHOOLS FOR INFRASTRUCTURE
IMPROVEMENTS AND DURABLE EQUIPMENT NECESSARY TO PROVIDE
HEALTHY MEALS THROUGH SCHOOL FOOD PROGRAM.
(a) Authority To Guarantee Loans.--The Secretary of Agriculture
shall issue a loan guarantee to an eligible entity for purposes of
financing the construction, remodeling, or expansion of infrastructure
or the purchase of durable equipment that the Secretary determines will
assist such entity in providing healthy meals through the school food
programs.
(b) Competitive Basis.--Subject to subsection (c), the Secretary
shall select eligible entities to receive a loan guarantee under this
section on a competitive basis.
(c) Preferences.--In issuing a loan guarantee under this section,
the Secretary shall give a preference to an eligible entity that the
Secretary determines demonstrates substantial or disproportionate (as
compared with another eligible entity seeking a loan guarantee under
this section)--
(1) infrastructure improvement need; or
(2) durable equipment need or impairment.
(d) Oversight.--The Secretary shall establish procedures to enable
the Secretary to oversee the construction, remodeling, or expansion of
infrastructure or the purchase of durable equipment for which a loan
guarantee is issued under this section.
(e) Guarantee Amount.--A loan guarantee issued under this section
may not guarantee more than 90 percent of the principal amount of the
loan.
(f) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.
SEC. 4. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
(a) In General.--The Secretary shall carry out a grant program
under which the Secretary shall award grants, on a competitive basis,
to provide support to eligible third-party training institutions
described in subsection (b) to develop and administer training and
technical assistance for school foodservice personnel to meet updated
nutrition standards under section 4(b)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1753(b)(3)) for the school food
programs.
(b) Criteria for Eligible Third-Party Institutions.--The Secretary
shall establish specific criteria that eligible third-party training
institutions shall meet to receive grants under this section, which
shall include--
(1) a demonstrated capacity to administer effective
training and technical assistance programming to school
foodservice personnel;
(2) prior, successful experience in providing or engaging
in training and technical assistance programming or applied
research activities involving eligible entities, school food
service administrators, or directors;
(3) prior, successful experience in developing relevant
educational training tools or course materials or curricula on
topics addressing child and school nutrition or the updated
nutrition standards under section 4(b)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); and
(4) the ability to deliver effective and cost-efficient
training and technical assistance programming to school
foodservice personnel at training sites that are located within
a proximate geographic distance to schools, central kitchens,
or other worksites.
(c) Program Assistance.--The Secretary shall assist the
institutions receiving grants under this section in publicizing and
disseminating training and other project materials and online tools
wherever possible.
(d) Federal Share.--
(1) In general.--The Federal share of costs for training
and technical assistance funded through a grant awarded under
this section shall not exceed 90 percent of the total cost of
such training and technical assistance.
(2) Matching.--As a condition of receiving a grant under
this section, the eligible third-party training institution
shall provide matching support in the form of cash or in-kind
contributions.
(e) Oversight.--The Secretary shall establish procedures to enable
the Secretary to--
(1) oversee the operation training and technical assistance
funded through grants awarded under this section; and
(2) ensure that such training and assistance is operated
consistent with the goals and requirements of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for fiscal year
2014, and such sums as necessary are authorized for each fiscal year
thereafter.
SEC. 5. REPORT TO CONGRESS.
Not later than one year after funds are made available to carry out
this Act, and annually thereafter, the Secretary shall submit to
Congress a report on the Secretary's progress in implementing the
provisions of this Act. | School Food Modernization Act - Directs the Secretary of Agriculture to issue loan guarantees to local educational agencies, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school breakfast and lunch programs.
Favors loan guarantee applicants that demonstrate a substantial or disproportionate need (as compared with other applicants) for food service infrastructure or durable equipment.
Prohibits a loan guarantee from covering more than 90% of a loan's principal.
Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to issue loan guarantees for purposes of financing improvements to school lunch facilities, training school food service personnel, and for other purposes."} | 1,341 | 158 | 0.647924 | 1.816673 | 1.006627 | 2.664336 | 8.230769 | 0.86014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Health Benefits Disclosure
Act of 2000''.
SEC. 2. NOTIFICATION OF EMPLOYER COST OF PROVIDING HEALTH COVERAGE FOR
EMPLOYEES.
(a) In General.--Every large employer who provides health coverage
for an employee during any calendar year shall notify such employee of
the amount of the employer health plan contribution for such year.
(b) Employer Health Plan Contribution.--For purposes of this
section--
(1) In general.--The term ``employer health plan
contribution'' means, with respect to an employee, the cost of
the employer-provided coverage for such employee under any
health plan.
(2) Alternative amount.--
(A) In general.--In lieu of applying paragraph (1),
an employer may treat the employer health plan
contribution as being the applicable premium (as
defined in section 4980B(f)(4) of the Internal Revenue
Code of 1986) for the employee reduced by the
employee's share of such premium.
(B) Employee's share.--The term ``employee's
share'' means, with respect to the applicable premium
for any employee, the amount of the cost to the plan
which is paid by similarly situated beneficiaries who
are taken into account in determining such premium for
such employee.
(c) Statement Required To Be Included on Notice.--Each notice
provided under this section shall include the following statement with
respect to the employer health plan contribution: ``This contribution
is part of your total compensation and reduces your cash wages and
other compensation by a like amount.''
(d) Other Definitions.--For purposes of this section--
(1) Large employer.--
(A) In general.--The term ``large employer'' means,
with respect to a calendar year, any employer who
employed an average of 100 or more employees on
business days during the preceding calendar year. 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 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
during the current calendar year.
(C) Special rules.--
(i) Controlled groups.--For purposes of
this paragraph, all persons treated as a single
employer under subsection (b), (c), (m), or (o)
of section 414 of the Internal Revenue Code of
1986 shall be treated as 1 employer.
(ii) Predecessors.--Any reference in this
paragraph to an employer shall include a
reference to any predecessor of such employer.
(2) Employee.--Except for purposes of paragraph (1), the
term ``employee'' includes a former employee and an individual
who is a beneficiary by reason of a deceased employee.
(e) Means of Notice.--The notice required under this section may be
made by mail, by including the required information with a payment of
wages or with a description of the plan provided to employees, or by
other reasonable means.
(f) Penalty for Failure To Notify.--
(1) In general.--A large employer who willfully fails to
provide a timely notice under this section to an employee, or
who willfully furnishes a notice stating a false employer
health plan contribution, shall for each such failure be
subject to a penalty under subchapter B of chapter 68 of the
Internal Revenue Code of 1986 of $50, which shall be assessed
and collected in the same manner as the tax on employers
imposed by section 3111 of such Code.
(2) Safe harbor.--An employer shall be treated as providing
a timely notice under this section with respect to any period
during a calendar year if such notice is provided on or before
January 31 of the succeeding year.
(g) Administrative Authority.--The Secretary of the Treasury or the
Secretary's delegate shall prescribe such regulations as may be
appropriate to carry out this section and shall have administrative
responsibility for determining whether the requirements of this section
are met.
SEC. 3. EFFECTIVE DATE.
This Act shall apply to calendar years after 2004. | Provides a penalty for noncompliance.
Applies this Act to calendar years after 2004. | {"src": "billsum_train", "title": "Employee Health Benefits Disclosure Act of 2000"} | 971 | 22 | 0.360162 | 0.848532 | -0.493442 | 3 | 54.1875 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Traffic Controllers Hiring Act
of 2015''.
SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Revision of Hiring Practices.--
``(1) Consideration of applicants.--
``(A) Ensuring selection of most qualified
applicants.--In appointing individuals to the position
of air traffic controller, the Administrator shall give
preferential consideration to the following applicants:
``(i) An individual who--
``(I) has successfully completed
air traffic controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program maintained
under subsection (c)(1); and
``(II) has received from the
institution--
``(aa) an appropriate
recommendation; or
``(bb) an endorsement
certifying that the individual
would have met the requirements
in effect as of December 31,
2013, for an appropriate
recommendation.
``(ii) A qualified individual who is
eligible for a veterans recruitment appointment
pursuant to section 4214 of title 38.
``(iii) A qualified individual who is an
eligible veteran, as such term is defined in
section 4211 of title 38, maintaining aviation
experience obtained in the course of the
individual's military experience.
``(iv) A preference eligible veteran, as
defined in section 2108 of title 5.
``(v) A qualified individual maintaining
practical air traffic control experience
obtained at--
``(I) civilian installations of the
Department of Defense;
``(II) Federal Aviation
Administration air traffic control
facilities; or
``(III) contract towers of Federal
Aviation Administration.
``(B) Consideration of additional applicants.--The
Administrator may consider additional applicants for
the position of air traffic controller only after
completing consideration of the applicants described in
subparagraph (A).
``(2) Elimination of biographical assessments.--
``(A) Priority applicants.--An applicant described
in paragraph (1)(A) shall not be subject to any
biographical assessment (including a biographical
assessment validated under subparagraph (B)) as part of
the hiring practices of the Administration that apply
to applicants for the position of air traffic
controller with the Department of Transportation.
``(B) Revision of hiring practices.--
``(i) In general.--The Administrator shall
revise the hiring practices of the
Administration referred to in subparagraph (A)
to eliminate the use of any biographical
assessment that unduly disqualifies applicants.
``(ii) Validation.--Before implementing any
biographical assessment as part of the hiring
practices of the Administration referred to in
subparagraph (A), the Administrator shall--
``(I) certify that the assessment
or test was validated under the
criteria set forth in clause (i) before
implementation; and
``(II) disclose to the public the
methods used for the validation.
``(iii) Participation requirements.--The
revision under this subparagraph shall not be
subject to paragraph (3).
``(C) Reconsideration of applicants disqualified on
the basis of biographical assessments.--
``(i) In general.--If an individual applied
for the position of air traffic controller with
the Department in response to the FG-01 Vacancy
Announcement issued on February 10, 2014, and
was disqualified from the position as the
result of a biographical assessment, the
Administrator shall provide the applicant an
opportunity to reapply as soon as practicable
for the position under the revised hiring
practices.
``(ii) Waiver of age restriction.--The
Administrator shall waive any maximum age
restriction for the position of air traffic
controller with the Department that would
otherwise disqualify an individual from the
position if the individual--
``(I) is reapplying for the
position pursuant to clause (i) on or
before December 31, 2017; and
``(II) met the maximum age
requirement on the date of the
individual's previous application for
the position during the interim hiring
process.
``(3) Participation of cti institutions in revision of
hiring practices.--Before making any revision to the hiring
practices that apply to applicants for the position of air
traffic controller with the Department, the Administrator shall
provide institutions of higher education participating in the
Collegiate Training Initiative program with notice of the
revision and an opportunity to comment.''.
SEC. 3. COLLEGIATE TRAINING INITIATIVE.
Section 44506(c)(1) of title 49, United States Code, is amended in
the first sentence by striking ``may maintain'' and inserting ``shall
maintain''.
SEC. 4. BEST PRACTICES FOR TRAINING AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is further amended
by adding at the end the following:
``(h) Best Practices for Training.--The Administrator, in
consultation with the Association of Collegiate Training Institutions,
the National Air Traffic Controllers Association, and the University
Aviation Association, shall take into consideration any training
initiatives for air traffic controllers that are locally developed at
institutions of higher education participating in the Collegiate
Training Initiative program for use in establishing best practices
nationwide.''.
SEC. 5. VETERAN PREFERENCE REQUIREMENTS FOR FAA PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(g)(2)(B) of title 49, United States Code, is amended
by inserting ``and sections 3330a-3330d'' before ``, relating to''. | Air Traffic Controllers Hiring Act of 2015 Directs the Federal Aviation Administration (FAA), in appointing individuals to the position of air traffic controller, to give preference to: an individual who has successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program (the program) and who has received from the institution either an appropriate recommendation or an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation; a qualified individual who is eligible for a veterans recruitment appointment; a qualified individual who is an eligible veteran maintaining aviation experience obtained in the course of the individual's military experience; a preference eligible veteran; and a qualified individual maintaining practical air traffic control experience obtained at civilian installations of the Department of Defense, FAA air traffic control facilities, or contract towers of the FAA. Allows the FAA to consider additional applicants only after completing consideration of such preferred applicants. Provides that a preferred applicant shall not be subject to any biographical assessment as part of FAA hiring practices that apply to applicants for the position of air traffic controller. Directs the FAA to revise its hiring practices to eliminate the use of any biographical assessment that unduly disqualifies applicants. Provides for reconsideration of individuals who applied in response to the FG-01 vacancy announcement of February 10, 2014, who were disqualified on the basis of such an assessment. Requires (currently, allows) the FAA to maintain the program by making new agreements and continuing existing agreements with institutions of higher education under which the institutions prepare students for the position of air traffic controller. Directs the FAA to take into consideration any training initiatives for air traffic controllers that are locally developed at institutions of higher education participating in the program for use in establishing best practices nationwide. | {"src": "billsum_train", "title": "Air Traffic Controllers Hiring Act of 2015"} | 1,262 | 388 | 0.718207 | 2.179578 | 0.937511 | 3.783626 | 3.312865 | 0.929825 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program
Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement
grants.
Sec. 5. Examination and report on prevalence of mentally ill offenders.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Communities nationwide are struggling to respond to the
high numbers of people with mental illnesses involved at all points
in the criminal justice system.
(2) A 1999 study by the Department of Justice estimated that 16
percent of people incarcerated in prisons and jails in the United
States, which is more than 300,000 people, suffer from mental
illnesses.
(3) Los Angeles County Jail and New York's Rikers Island jail
complex hold more people with mental illnesses than the largest
psychiatric inpatient facilities in the United States.
(4) State prisoners with a mental health problem are twice as
likely as those without a mental health problem to have been
homeless in the year before their arrest.
SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PROGRAM
GRANTS.
(a) Authorization of Appropriations Through 2014.--Section 2991(h)
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by striking at the end ``and'';
(2) in paragraph (2), by striking ``for fiscal years 2006
through 2009.'' and inserting ``for each of the fiscal years 2006
and 2007; and''; and
(3) by adding at the end the following new paragraph:
``(3) $50,000,000 for each of the fiscal years 2009 through
2014.''.
(b) Allocation of Funding for Administrative Purposes.--Section
2991(h) of such title is further amended--
(1) by redesignating paragraphs (1), (2), and (3) (as added by
subsection (a)(3)) as subparagraphs (A), (B), and (C),
respectively, and adjusting the margins accordingly;
(2) by striking ``There are authorized'' and inserting ``(1) In
general.--There are authorized''; and
(3) by adding at the end the following new paragraph:
``(2) Allocation of Funding for Administrative Purposes.--For
fiscal year 2009 and each subsequent fiscal year, of the amounts
authorized under paragraph (1) for such fiscal year, the Attorney
General may obligate not more than 3 percent for the administrative
expenses of the Attorney General in carrying out this section for such
fiscal year.''.
(c) Additional Applications Receiving Priority.--Subsection (c) of
such section is amended to read as follows:
``(c) Priority.--The Attorney General, in awarding funds under this
section, shall give priority to applications that--
``(1) promote effective strategies by law enforcement to
identify and to reduce risk of harm to mentally ill offenders and
public safety;
``(2) promote effective strategies for identification and
treatment of female mentally ill offenders;
``(3) promote effective strategies to expand the use of mental
health courts, including the use of pretrial services and related
treatment programs for offenders; or
``(4)(A) demonstrate the strongest commitment to ensuring that
such funds are used to promote both public health and public
safety;
``(B) demonstrate the active participation of each co-applicant
in the administration of the collaboration program;
``(C) document, in the case of an application for a grant to be
used in whole or in part to fund treatment services for adults or
juveniles during periods of incarceration or detention, that
treatment programs will be available to provide transition and
reentry services for such individuals; and
``(D) have the support of both the Attorney General and the
Secretary.''.
SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT
GRANTS.
Section 2991 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
(1) redesignating subsection (h) as subsection (i); and
(2) inserting after subsection (g) the following:
``(h) Law Enforcement Response to Mentally Ill Offenders
Improvement Grants.--
``(1) Authorization.--The Attorney General is authorized to
make grants under this section to States, units of local
government, Indian tribes, and tribal organizations for the
following purposes:
``(A) Training programs.--To provide for programs that
offer law enforcement personnel specialized and comprehensive
training in procedures to identify and respond appropriately to
incidents in which the unique needs of individuals with mental
illnesses are involved.
``(B) Receiving centers.--To provide for the development of
specialized receiving centers to assess individuals in the
custody of law enforcement personnel for suicide risk and
mental health and substance abuse treatment needs.
``(C) Improved technology.--To provide for computerized
information systems (or to improve existing systems) to provide
timely information to law enforcement personnel and criminal
justice system personnel to improve the response of such
respective personnel to mentally ill offenders.
``(D) Cooperative programs.--To provide for the
establishment and expansion of cooperative efforts by criminal
and juvenile justice agencies and mental health agencies to
promote public safety through the use of effective intervention
with respect to mentally ill offenders.
``(E) Campus security personnel training.--To provide for
programs that offer campus security personnel training in
procedures to identify and respond appropriately to incidents
in which the unique needs of individuals with mental illnesses
are involved.
``(2) BJA training models.--For purposes of paragraph (1)(A),
the Director of the Bureau of Justice Assistance shall develop
training models for training law enforcement personnel in
procedures to identify and respond appropriately to incidents in
which the unique needs of individuals with mental illnesses are
involved, including suicide prevention.
``(3) Matching funds.--The Federal share of funds for a program
funded by a grant received under this subsection may not exceed 50
percent of the costs of the program. The non-Federal share of
payments made for such a program may be made in cash or in-kind
fairly evaluated, including planned equipment or services.''.
SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.
(a) In General.--
(1) In general.--The Attorney General shall examine and report
on mental illness and the criminal justice system.
(2) Scope.--Congress encourages the Attorney General to
specifically examine the following:
(A) Populations.--The rate of occurrence of serious mental
illnesses in each of the following populations:
(i) Individuals, including juveniles, on probation.
(ii) Individuals, including juveniles, incarcerated in
a jail.
(iii) Individuals, including juveniles, incarcerated in
a prison.
(iv) Individuals, including juveniles, on parole.
(B) Benefits.--The percentage of individuals in each
population described in subparagraph (A) who have--
(i) a serious mental illness; and
(ii) received disability benefits under title II or
title XVI of the Social Security Act (42 U.S.C. 401 et seq.
and 1381 et seq.).
(b) Report.--Not later than 36 months after the date of the
enactment of this Act, the Attorney General shall submit to Congress
the report described in subsection (a).
(c) Definitions.--In this section--
(1) the term ``serious mental illness'' means that an
individual has, or at any time during the 1-year period ending on
the date of enactment of this Act had, a covered mental,
behavioral, or emotional disorder; and
(2) the term ``covered mental, behavioral, or emotional
disorder''--
(A) means a diagnosable mental, behavioral, or emotional
disorder of sufficient duration to meet diagnostic criteria
specified within the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition, or the International
Classification of Diseases, Ninth Revision, Clinical
Modification equivalent of the Diagnostic and Statistical
Manual of Mental Disorders, Fourth Edition; and
(B) does not include a disorder that has a V code within
the Diagnostic and Statistical Manual of Mental Disorders,
Fourth Edition, a substance use disorder, or a developmental
disorder, unless that disorder cooccurs with another disorder
described in subparagraph (A) and causes functional impairment
which substantially interferes with or limits 1 or more major
life activities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through 2014 the authorization of appropriations for the adult and juvenile mental health collaboration grant program. Includes within the priorities for awarding grants under such program the identification and treatment of mentally-ill offenders and the expanded use of mental health courts.
Authorizes the Attorney General to make grants to states, local governments, Indian tribes, and tribal organizations to: (1) offer law enforcement officers and campus security personnel training to respond appropriately to incidents involving mentally-ill individuals; (2) establish specialized receiving centers to assess the mental health requirements and suicide risk of individuals in law enforcement custody; (3) provide computerized information systems to improve the response of law enforcement and criminal justice personnel to mentally-ill offenders; and (4) establish cooperative programs to promote public safety by using effective intervention for mentally-ill offenders. Requires the Director of the Bureau of Justice Assistance to develop training models for law enforcement personnel for responding to the needs of individuals with mental illnesses, including suicide prevention. Prohibits federal matching funds from exceeding 50% of the cost of a grant program.
Directs the Attorney General to examine and report to Congress on mental illness and the criminal justice system, including: (1) the rate of occurrence of serious mental illnesses in individuals (including juveniles) on probation, incarcerated in a jail or prison, or on parole; and (2) the percentage of individuals in each of those populations who have a serious mental illness and have received social security disability benefits. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide grants for the improved mental health treatment and services provided to offenders with mental illnesses, and for other purposes."} | 2,033 | 345 | 0.571417 | 1.73663 | 0.770457 | 3.167722 | 5.901899 | 0.927215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Casting Light on EAJA Agency Records
for Oversight Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Equal Access to Justice Act, established in 1980 to
provide small businesses, individuals, and public interest
groups the opportunity to recover attorney fees and costs, is
funded through a permanent Congressional appropriation.
(2) The Equal Access to Justice Act, as passed, includes
statutory reporting requirements to Congress on the
administration and payments funded through the Act.
(3) The Department of Justice and the Administrative
Conference of the United States ceased reporting to Congress on
EAJA payments and administration in 1995.
(4) Payments authorized by EAJA have continued every year
without Congressional oversight.
SEC. 3. DATA COMPILATION, REPORTING, AND PUBLIC ACCESS.
(a) Reporting in Agency Adjudications.--Section 504(c) of title 5,
United States Code, is amended--
(1) in subsection (c)(1), by striking ``After consultation
with the Chairman of the Administrative Conference of the
United States, each'' and inserting ``Each''; and
(2) by striking subsection (e) and inserting the following:
``(e)(1) The Attorney General of the United States shall issue an
annual, online report to the Congress on the amount of fees and other
expenses awarded during the preceding fiscal year under this section.
The report shall describe the number, nature, and amount of the awards,
the claims involved in the controversy, a justification for awards
exceeding the cap provided in subsection (b)(1)(A), and any other
relevant information that may aid the Congress in evaluating the scope
and impact of such awards. The report shall be made available to the
public online, and contain a searchable database, total awards given,
and total number of applications for the award of fees and other
expenses that were filed, defended, and heard, and shall include, with
respect to each such application, the following:
``(A) Name of the party seeking the award of fees and other
expenses.
``(B) The agency to which the application for the award was
made.
``(C) The name of administrative law judges in the case.
``(D) The disposition of the application, including any
appeal of action taken on the application.
``(E) The hourly rates of attorneys and expert witnesses
stated in the application that was awarded.
``(2) The report under paragraph (1) shall cover payments of fees
and other expenses under this section that are made under a settlement
agreement.
``(3) Each agency shall provide the Attorney General with such
information as is necessary for the Attorney General to comply with the
requirements of this subsection.''.
(b) Reporting in Court Cases.--Section 2412(d) of title 28, United
States Code, is amended by inserting after paragraph (4), the
following:
``(5) The Attorney General of the United States shall issue an
annual, online report to the Congress on the amount of fees and other
expenses awarded during the preceding fiscal year under this
subsection. The report shall describe the number, nature, and amount of
the awards, the claims involved in the controversy, a justification for
awards exceeding the cap provided in paragraph (2)(A)(ii), and any
other relevant information that may aid the Congress in evaluating the
scope and impact of such awards. The report shall be made available to
the public online and shall contain a searchable database of total
awards given and the total number of cases filed, defended, or heard,
and shall include with respect to each such case the following:
``(A) The name of the party seeking the award of fees and
other expenses in the case.
``(B) The district court hearing the case.
``(C) The names of presiding judges in the case.
``(D) The name of the agency involved in the case.
``(E) The disposition of the application for fees and other
expenses, including any appeal of action taken on the
application.
``(F) The hourly rates of attorneys and expert witnesses
stated in the application that was awarded.
The report under this paragraph shall cover payments of fees and other
expenses under this subsection that are made under a settlement
agreement.''.
SEC. 4. GAO STUDY.
Not later than 30 days after the date of enactment of this Act, the
Comptroller General shall commence an audit of the Equal Access to
Justice Act for the years 1995 through the end of the calendar year in
which this Act is enacted. The Comptroller General shall, not later
than 1 year after the end of the calendar year in which this Act is
enacted, complete such audit and submit to the Congress a report on the
results of the audit. | Casting Light on EAJA Agency Records for Oversight Act of 2011 - Directs the Attorney General (DOJ) to issue an annual online report to Congress and the public on the amount of attorney fees and other expenses awarded during the preceding fiscal year pursuant to the law commonly known as the Equal Access to Justice Act (EAJA).
Directs the Comptroller General to commence an audit of the EAJA for 1995 through the end of the calendar year in which this Act is enacted, and report to Congress on the audit results. | {"src": "billsum_train", "title": "A bill to require the Attorney General of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes."} | 1,041 | 118 | 0.578723 | 1.651179 | 0.618851 | 3.656566 | 10.40404 | 0.929293 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mississippi Valley
National Historical Park Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Mississippi Valley National Historical Park, Blytheville,
Arkansas.
Sec. 4. Transfer of jurisdiction, Eaker Air Force Base, for historical
park.
Sec. 5. Acquisition of Chickasawba Mound for inclusion in historical
park.
Sec. 6. Administration of historical park.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The central and lower Mississippi Valley region
contained the highest population levels and the most complex
Native American societies north of Mexico before the arrival of
European peoples in the 16th century.
(2) In addition, the Mississippi Valley has also hosted
Spanish, French, English, and ultimately American societies at
different times in the last 450 years.
(3) Blytheville, Arkansas, is centrally located in the
Mississippi Valley region.
(4) Former Eaker Air Force Base, which is located outside
of Blytheville, Arkansas, in the central Mississippi Valley
region, is the site of 14 archaeological sites associated with
Native Americans.
(5) Because of its value in illustrating and interpreting
the heritage of the United States, the largest of these
archaeological sites, was recognized by the National Park
Service as a National Historic Landmark in 1996.
(6) Another archaeological site outside of Blytheville,
Arkansas, the Chickasawba Mound, was placed on the National
Register of Historic Places in 1984 because of its historic and
archaeological resources.
(7) These previous actions by the Department of the
Interior recognize that these archaeological sites are likely
to benefit, educate, and inspire present and future generations
of Americans, but no unified heritage park for the central
Mississippi Valley region exists within the National Park
Service.
(8) Blytheville, Arkansas, also possesses many other
regionally and nationally significant natural, seismic,
cultural, and recreational resources associated with the
heritage of the central Mississippi Valley region.
(9) The sites and resources associated with the heritage of
the central Mississippi Valley region require recognition
through the establishment of a national historical park for the
central Mississippi Valley region as a unit of the National
Park System.
(10) As a result of the closing of Eaker Air Force Base in
Blytheville, Arkansas, pursuant to the Defense Base Closure and
Realignment Act of 1990, Federal land and facilities are
readily available for the establishment of a national
historical park for the central Mississippi Valley region to
protect the archaeological sites located on the former military
installation, as well as to preserve, maintain, and interpret
the natural, seismic, cultural, and recreational heritage of
the central Mississippi Valley region for the benefit,
education, and inspiration of present and future generations of
Americans.
SEC. 3. MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE,
ARKANSAS.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain properties in Blytheville, Arkansas, and its vicinity
associated with the archaeological, natural, seismic, cultural, and
recreational heritage of the Mississippi Valley region, there is
established as a unit of the National Park System the Mississippi
Valley National Historical Park in the State of Arkansas.
(b) Boundaries.--The historical park shall consist of approximately
570 acres, including the real property transferred to the National Park
Service at former Eaker Air Force Base under section 4 and the parcel
of real property containing the archaeological site known as the
Chickasawba Mound and authorized for acquisition under section 5. The
boundaries of the historical park shall also include all property
authorized to be acquired for inclusion in the park by any law enacted
after the date of the enactment of this Act.
SEC. 4. TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL
PARK.
(a) Transfer of Archaeological Sites.--The Secretary of Defense
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior the parcels of real
property (including improvements thereon) located at former Eaker Air
Force Base, Blytheville, Arkansas, consisting of the archaeological
sites depicted on the map entitled ``Arkansas Aeroplex Archaeological
Sites''.
(b) Visitor and Administrative Sites.--
(1) Transfer required.--To preserve the historical
character and landscape of the main features of the historical
park, the Secretary of Defense also shall transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of the Interior an additional parcel of real property
at former Eaker Air Force Base for the development of visitor,
administrative, museum, curatorial, and maintenance facilities
for the historical park.
(2) Acreage limitation.--The parcel transferred under this
subsection may not exceed 15 acres.
(3) Selection.--The parcel to be transferred under this
subsection shall be jointly selected by the Secretary of
Defense and the Secretary of the Interior.
(c) Use of Land.--The Secretary of the Interior shall use the real
property transferred under this section as part of the historical park.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of Defense. The
cost of the survey shall be borne by the Secretary of the Interior.
SEC. 5. ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL
PARK.
The Secretary of the Interior may acquire for inclusion in the
historical park, by donation or exchange, the archaeological site known
as the Chickasawba Mound, which was placed on the National Register of
Historic Places in 1984.
SEC. 6. ADMINISTRATION OF HISTORICAL PARK.
(a) Applicable Laws.--The Secretary of the Interior shall
administer the historical park in accordance with this Act and the laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (commonly known as the National Park Service
Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935
(commonly known as the Historic Sites, Buildings, and Antiquities Act;
16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) Authorized.--The Secretary of the Interior may consult
and enter into cooperative agreements with interested entities
and individuals to provide for the preservation, development,
interpretation, and use of the historical park.
(2) Conditions.--Any payment made by the Secretary pursuant
to such a cooperative agreement shall be subject to an
agreement that conversion, use, or disposal of the project
assisted under the cooperative agreement for purposes contrary
to the purposes of the historical park, as determined by the
Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such project or
the proportion of the increased value of the project
attributable to such finds as determined at the time of such
conversion, use, or disposal, whichever is greater.
(c) Acquisition of Real Property.--Subject to sections 4 and 5, the
Secretary of the Interior may acquire, within the boundaries of the
historical park, real property with appropriated or donated funds, by
donation, or by exchange for inclusion in the historical park. | Mississippi Valley National Historical Park Act of 2001 - Establishes the Mississippi Valley National Historical Park on the former Eaker Air Force Base in Blytheville, Arkansas.Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites (including improvements) located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities.Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984; and (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. | {"src": "billsum_train", "title": "To preserve and protect archaeological sites and historical resources of the central Mississippi Valley through the establishment of the Mississippi Valley National Historical Park as a unit of the National Park System on former Eaker Air Force Base in Blytheville, Arkansas."} | 1,636 | 176 | 0.635951 | 2.052374 | 0.670041 | 6.2625 | 9.43125 | 0.975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supplemental Trade Review,
Oversight, Noncompliance and General Enforcement Resources Act of
2015'' or ``STRONGER Act of 2015''.
SEC. 2. TRADE AGREEMENTS ENFORCEMENT TRUST FUND.
(a) Establishment; Source of Funds.--There is established in the
Treasury of the United States a trust fund, to be known as the Trade
Agreements Enforcement Trust Fund (hereinafter in this section referred
to as the ``Trust Fund''), consisting of such amounts as are
transferred to the Trust Fund under subsection (b), any interest earned
on investment of amounts in the Trust Fund, and any proceeds from the
sale or redemption of any obligations held in the Trust Fund under
subsection (c).
(b) Transfer of Countervailing and Antidumping Duties to Trust
Fund.--
(1) In general.--The Secretary shall transfer to the Trust
Fund for each fiscal year that begins on or after the date of
the enactment of this Act an amount equal to $15,000,000 of the
countervailing duties and antidumping duties received in the
Treasury for such fiscal year.
(2) Limitation.--The total amount of funds in the Trust
Fund may not exceed $30,000,000.
(c) Investment of Amounts; Interest and Proceeds.--
(1) Investment of amounts.--The Secretary shall be
responsible for investing such portion of the Trust Fund as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments shall only be made in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
(2) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in Trust Fund shall be credited to and form a part of the Trust
Fund.
(d) Frequency of Transfers; Adjustments.--
(1) Frequency of transfers.--The Secretary shall transfer
amounts required to be transferred to the Trust Fund under
subsection (b) at least quarterly from the general fund of the
Treasury to the Trust Fund on the basis of estimates made by
the Secretary.
(2) Adjustments.--The Secretary shall make proper
adjustment in the amounts subsequently transferred to the Trust
Fund to the extent prior estimates were in excess of or less
than the amounts required to be transferred to the Trust Fund.
SEC. 3. AVAILABILITY OF AMOUNTS FROM TRUST FUND.
(a) In General.--The President is authorized to make available such
sums as are available in the Trust Fund, including any amounts not
obligated in previous fiscal years, to--
(1) the United States Trade Representative to take the
actions described in subsection (b)(1); and
(2) the United States Trade Representative, the Secretary
of State, the Administrator of the United States Agency for
International Development, the Secretary of Labor, and the
heads of other departments and agencies with relevant
expertise, as appropriate, to take the actions described in
subsection (b)(2).
(b) Actions.--
(1) Relating to enforcement.--The actions described in this
paragraph are the following:
(A) To seek to enforce and resolve any
inconsistencies with the provisions, commitments, and
obligations of any party made pursuant to any free
trade agreement with the United States.
(B) To monitor the implementation of commitments
and obligations of any party made pursuant to any free
trade agreement with the United States for purposes of
systematically assessing, identifying, investigating,
or initiating steps to address inconsistencies with
such commitments and obligations.
(C) To investigate and respond to petitions
pursuant to section 301 of the Trade Act of 1974 (19
U.S.C. 2411).
(D) To seek to enforce and resolve inconsistencies
with the provisions, commitments, and obligations of
World Trade Organization member countries under the WTO
Agreement (as defined in section 2(9) of the Uruguay
Round Agreements Act) and the agreements annexed to
that Agreement (as specified in section 101(d) of the
Uruguay Round Agreements Act).
(2) Relating to implementation assistance and local
capacity building.--The actions described in this paragraph are
the following:
(A) To ensure capacity-building efforts undertaken
by the United States pursuant to any free trade
agreement prioritize and give special attention to the
timely, consistent, and robust implementation of any
labor and environmental commitments and obligations of
any party to that free trade agreement.
(B) To ensure capacity-building efforts undertaken
by the United States pursuant to any free trade
agreement are self-sustaining and promote local
ownership.
(C) To ensure capacity-building efforts undertaken
by the United States pursuant to any free trade
agreement include performance indicators against which
the progress and obstacles for implementation of
environmental and labor commitments can be identified
and assessed within a meaningful timeframe.
(D) To monitor and evaluate United States capacity-
building efforts described in subparagraphs (A), (B),
and (C) in a manner consistent with section 4.
(c) Limitation.--Amounts made available in the Trust Fund may not
be used to negotiate any new free trade agreements on or after the date
of the enactment of this Act.
(d) Report.--Not later than 18 months following the entry into
force of any new free trade agreement, the United States Trade
Representative, together with the other parties taking actions under
section 3(b)(2) pursuant to that free trade agreement shall issue a
report to Congress detailing those actions.
SEC. 4. COORDINATION AND ACCOUNTABILITY.
(a) Interagency Committee.--
(1) In general.--The President shall establish a permanent
interagency committee to ensure actions taken under section
3(b)(2) are effectively prioritized, targeted, coordinated, and
implemented.
(2) Members.--The committee shall consist of the following:
(A) The Deputy United States Trade Representative
of the Office of the United States Trade
Representative, who shall serve as the chair of the
committee.
(B) The Under Secretary for Economic Growth,
Energy, and the Environment of the Department of State.
(C) The Assistant Administrator for Economic
Growth, Education, and Environment of the United States
Agency for International Development.
(D) The Deputy Undersecretary for International
Affairs of the Department of Labor.
(E) Such senior representatives from other
departments and agencies with relevant expertise, as
appropriate, to be appointed by the chair of the
committee.
(3) Ad hoc members.--The United States ambassador to any
country receiving United States assistance by reason of actions
taken under section 3(b)(2) shall serve as an ad hoc member of
the committee for the period of time during which the planning,
budgeting, and implementation of such assistance is carried
out.
(4) Consultation.--The head of any department or agency
that is taking actions under section 3(b)(2) shall consult with
the committee during the drafting of any action plan, program,
or effort led by the United States for purposes of taking such
actions.
(b) Accountability.--The United States shall promote aid
effectiveness and accountability through transparency, monitoring,
evaluation, and learning, and fostering local ownership and
implementation of U.S. assistance carried out pursuant to section
3(b)(2) in the following manner:
(1) Increase transparency.--The interagency committee
established under section 4(a) shall publish timely,
comprehensive, and detailed information regarding the
implementation assistance and local capacity building described
in section 3(b)(2) on a quarterly basis in IATI XML format,
consistent with the United States commitment to full compliance
with the International Aid Transparency Initiative.
(2) Strengthen evaluation.--The interagency committee
established under section 4(a) shall conduct evaluations that
are independent, methodologically rigorous, made public in
their entirety, and transmitted to the International Aid
Transparency Initiative Registry as appropriate.
(3) Promote learning.--The interagency committee
established under section 4(a) shall develop and implement
procedures for ensuring that data and evaluation results inform
decisionmaking and lead to the revision and promotion of best
practices among relevant executive branch agencies.
SEC. 5. DEFINITIONS.
In this Act:
(1) Antidumping duty.--The term ``antidumping duty'' means
an antidumping duty imposed under section 731 of the Tariff Act
of 1930 (19 U.S.C. 1673).
(2) Countervailing duty.--The term ``countervailing duty''
means a countervailing duty imposed under section 701 of the
Tariff Act of 1930 (19 U.S.C. 1671).
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Treasury. | Supplemental Trade Review, Oversight, Noncompliance and General Enforcement Resources Act of 2015 or the STRONGER Act of 2015 Establishes in the U.S. Treasury the Trade Agreements Enforcement Trust Fund. Directs the Department of the Treasury to transfer to the Trust Fund an amount equal to $15 million of the countervailing duties and antidumping duties received in the Treasury for each fiscal year beginning after enactment of this Act. Limits the total amount of funds in the Trust Fund to $30 million. Authorizes the President to make sums in the Trust Fund available to: (1) the United States Trade Representative (USTR) to take specified actions relating to enforcement of free trade agreements; and (2) the USTR, the Department of State, the U.S. Agency for International Development, the Department of Labor, and other departments and agencies with relevant expertise to take specified actions relating to implementation assistance and local capacity building under such agreements. Prohibits amounts made available in the Trust Fund from being used to negotiate any new free trade agreement. Directs the President to establish a permanent interagency committee to ensure that actions taken under under this Act relating to implementation assistance and local capacity building are effectively prioritized, targeted, coordinated, and implemented. Requires the United States to promote aid effectiveness and accountability through transparency, monitoring, evaluation, learning, and fostering local ownership and implementation of U.S. assistance through such activities by requiring the interagency committee to: (1) publish timely, comprehensive, and detailed information regarding such activities on a quarterly basis, consistent with the U.S. commitment to full compliance with the International Aid Transparency Initiative; (2) conduct evaluations that are independent, methodologically rigorous, made public in their entirety, and transmitted to the International Aid Transparency Initiative Registry; and (3) develop and implement procedures for ensuring that data and evaluation results inform decisionmaking and lead to the revision and promotion of best practices among relevant executive branch agencies. | {"src": "billsum_train", "title": "STRONGER Act of 2015"} | 1,871 | 414 | 0.563543 | 1.820898 | 0.803318 | 4.516575 | 4.792818 | 0.947514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Centennial
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``John F.
Kennedy 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 considers fitting and proper to honor John F. Kennedy on
the occasion of the 100th anniversary of his birth;
(2) provide advice and assistance to Federal, State, and local
governmental agencies, as well as civic groups to carry out
activities to honor John F. Kennedy on the occasion of the 100th
anniversary of his birth;
(3) develop activities that may be carried out by the Federal
Government that are fitting and proper to honor John F. Kennedy on
the occasion of the 100th anniversary of his birth; and
(4) submit to the President and Congress reports pursuant to
section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Secretary of the Interior.
(2) Four members appointed by the President after considering
the recommendations of the Board of Trustees of the John F. Kennedy
Library Foundation.
(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) Ex Officio Member.--The Archivist of the United States shall
serve in an ex officio capacity on the Commission to provide advice and
information to the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) 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.
(e) 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.
(f) Rates of Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(g) 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 his or her regular place of business, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but two or more members may
hold hearings.
(i) Chairperson.--The chairperson of the Commission shall be
elected 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 employees as are necessary to enable
the Commission to perform its duties.
(b) Applicability of Certain Civil Service Laws.--The executive
director and employees 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
employees may not exceed the rate payable for level V of the Executive
Schedule under section 5316 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 employees of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
(d) Experts and Consultants.--The Commission may procure such
temporary and intermittent services as are necessary to enable the
Commission to perform its duties.
(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 departments and
agencies of the United States.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duties under this Act. Upon
request of the chairperson of the Commission, the head of that
department or 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 its work.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available nationwide to
the Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
carry out its duties under this Act.
(f) Contract Authority.--The Commission may enter into contracts
with and compensate government and private agencies or persons to
enable the Commission to discharge its duties under this Act.
SEC. 7. REPORTS.
(a) Annual Reports.--The Commission shall submit to the President
and the Congress annual reports on 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, together with the identity
of the donor of each gift, bequest, or devise.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(c) Final Report.--Not later than August 31, 2017, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings, conclusions, and final recommendations of the
Commission.
SEC. 8. TERMINATION.
The Commission may terminate on such date as the Commission may
determine after it submits its final report pursuant to section 7(c),
but not later than September 30, 2017.
SEC. 9. ANNUAL AUDIT.
The Inspector General of the Department of the Interior may perform
an audit of the Commission, shall make the results of any audit
performed available to the public, and 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. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds 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. | . The expanded summary of the House passed version is repeated here.) John F. Kennedy Centennial Commission Act (Sec. 2) This bill establishes the John F. Kennedy Centennial Commission, which shall: plan, develop, and carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and provide advice and assistance to federal, state, and local governmental agencies and civic groups to carry out activities to honor Kennedy on such occasion. (Sec. 7) The commission shall submit to the President and Congress annual reports on its revenue and expenditures, such interim reports as appropriate, and a final report by August 31, 2017. (Sec. 8) The commission shall terminate by September 30, 2017. (Sec. 9) The Inspector General of the Department of the Interior may perform an audit of the commission. | {"src": "billsum_train", "title": "John F. Kennedy Centennial Commission Act"} | 1,670 | 183 | 0.609821 | 1.774684 | 0.784757 | 4.559524 | 9.220238 | 0.928571 |
SECTION 1. CENTER FOR WOMEN VETERANS.
(a) In General.--(1) Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 318. Center for Women Veterans
``(a) There is in the Department a Center for Women Veterans. There
is at the head of the Center a Director.
``(b) The Director shall be a noncareer appointee in the Senior
Executive Service. The Director shall be appointed for a term of six
years.
``(c) The Director reports directly to the Secretary or the Deputy
Secretary concerning the activities of the Center.
``(d) The Director shall perform the following functions with
respect to veterans who are women:
``(1) Serve as principal adviser to the Secretary on the
adoption and implementation of policies and programs affecting
veterans who are women.
``(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits, and
other Department officials for the establishment or improvement
of programs in the Department for which veterans who are women
are eligible.
``(3) Promote the use of benefits authorized by this title
by veterans who are women and the conduct of outreach
activities to veterans who are women, in conjunction with
outreach activities carried out under chapter 77 of this title.
``(4) Disseminate information and serve as a resource
center for the exchange of information regarding innovative and
successful programs which improve the services available to
veterans who are women.
``(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are women and
the extent to which programs authorized under this title meet
the needs of those veterans, without regard to any law
concerning the collection of information from the public.
``(6) Analyze and evaluate complaints made by or on behalf
of veterans who are women about the adequacy and timeliness of
services provided by the Department and advise the appropriate
official of the Department of the results of such analysis or
evaluation.
``(7) Consult with, and provide assistance and information
to, officials responsible for administering Federal, State,
local, and private programs that assist veterans, to encourage
those officials to adopt policies which promote the use of
those programs by veterans who are women.
``(8) Advise the Secretary when laws or policies have the
effect of discouraging the use of benefits by veterans who are
women.
``(9) Publicize the results of medical research which are
of particular significance to veterans who are women.
``(10) Advise the Secretary and other appropriate officials
on the effectiveness of the Department's efforts to accomplish
the goals of section 492B of the Public Health Service Act
(relating to the inclusion of women and minorities in clinical
research) and of particular health conditions affecting womens'
health which should be studied as part of the Department's
medical research program and promote cooperation between the
Department and other sponsors of medical research of potential
benefit to veterans who are women.
``(11) Provide support and administrative services to the
Advisory Committee on Women Veterans established under section
542 of this title.
``(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
``(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Center in a timely manner.
``(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget for each
fiscal year--
``(1) detailed information on the budget for the Center;
``(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for
that fiscal year are adequate to enable the Center to comply
with its statutory and regulatory duties; and
``(3) a report on the activities and significant
accomplishments of the Center during the preceding fiscal
year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``318. Center for Women Veterans.''.
(b) Conforming Amendment.--Section 317(c) of such title is
amended--
(1) by striking out ``who is--'' and inserting in lieu
thereof ``who is any of the following:'';
(2) by striking out the semicolon at the end of paragraphs
(1) through (4) and inserting in lieu thereof a period;
(3) by striking out ``; or'' at the end of paragraph (5)
and inserting in lieu thereof a period; and
(4) by striking out paragraph (6).
SEC. 2. MEETINGS OF ADVISORY COMMITTEE ON WOMEN VETERANS.
Section 542(a) of title 38, United States Code, is amended by
adding at the end the following:
``(4) The Committee shall meet as often as the Secretary considers
necessary or appropriate, but not less often than twice each fiscal
year.''.
Passed the House of Representatives June 13, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Establishes in the Department of Veterans Affairs a Center for Women Veterans, headed by a Director. Specifies duties of the Director, including: (1) providing advice on and making recommendations with respect to the adoption and implementation of policies and programs affecting women veterans; (2) promoting the use of, and disseminating information concerning, benefits available to women veterans; (3) conducting research on the needs of women veterans; and (4) providing support and administrative services to the Advisory Committee on Women Veterans.
Requires the Secretary of Veterans Affairs to: (1) ensure that the Director is furnished sufficient resources to carry out Center functions; and (2) include in annual budget documents submitted to the Congress information with respect to Center budget, activities, and accomplishments.
Deletes female veterans from the list of minority group members for whom the Chief Minority Affairs Officer has special responsibility.
Requires the Advisory Committee to meet as often as considered necessary or appropriate by the Secretary, but no less often than twice each fiscal year. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to establish a Women's Bureau in the Department of Veterans Affairs."} | 1,084 | 210 | 0.633947 | 1.737286 | 0.878207 | 2.544554 | 5.425743 | 0.831683 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Voter Opportunity To Inform
Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) the right of citizens of the United States to have an
effective voice in the decisionmaking processes of the Congress
is grounded in the right to petition and is a fundamental part
of American democracy, and Congress should provide an
opportunity for citizens to express their views on important
public issues;
(3) there is an increasing public sentiment and demand for
limiting the terms of Members of Congress; and
(4) voters in 15 States have already voted and approved
State laws to limit the terms of their congressional
delegations, and voters in other States have expressed their
interest in having the opportunity to also vote on term limits
for Members of Congress.
(b) Purposes.--The purposes of this Act are--
(1) to give the citizens of every State the opportunity to
have a voice on whether or not the terms of Members of Congress
should be limited; and
(2) to conduct a national nonbinding referendum on term
limits at the 1994 general election, thereby having an
opportunity to study the feasibility of conducting national
nonbinding referenda on other important issues in the future.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``nonbinding referendum'' means the placing on
the general election ballot in every congressional district and
delegate or resident commissioner district in 1994 the advisory
question defined below, the results of which shall be properly
tabulated and certified as described herein, but which results
shall not be legally binding on any person or institution;
(2) the term ``advisory question'' means the National
Advisory Referendum on Term Limits, the language of which is
contained in section 4(b) of this Act;
(3) the term ``general election'' means the election at
which Federal officers are elected in 1994;
(4) the term ``Federal office'' means Members of the United
States House of Representatives and Senators, Delegates to the
United States Congress, and Resident Commissioners of the
territories of the United States; and
(5) the term ``State election agency'' means the official
agency of each State and territory charged with the legal
responsibility for conducting general elections within that
jurisdiction.
SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS
EFFECTIVELY ON TERM LIMITS NONBINDING REFERENDUM.
(a) In General.--This Act shall have the effect of placing on the
1994 general election ballot in every congressional district, and
delegate and/or resident commissioner district, in the United States,
the District of Columbia and the territories of the United States, the
advisory question concerning term limits for Members of Congress.
(b) Advisory Question; Ballot Title and Language.--Not later than
August 1, 1994, the Clerk of the United States House of Representatives
and the Secretary of the United States Senate shall jointly certify to
the appropriate State election agencies for inclusion on the 1994
general election ballot in each congressional district, the following
ballot title and question:
``national advisory referendum on term limits
``Should Congress approve a constitutional amendment to limit the
number of terms that a Member of the United States House of
Representatives and United States Senator can serve in office?
``Yes No''.
(c) Preparation of Ballots.--
(1) Procedures.--The procedures for printing and
preparation of the ballots containing the advisory question
shall be the same as provided in each State and territory for
conducting the elections of the Members of the United States
House of Representatives and Senators, and Delegates or
Resident Commissioners.
(2) Advisory question.--In each congressional and delegate
district, every general election ballot shall include the
advisory question contained in subsection (b). Should there be
no general election scheduled to be held in any particular
congressional or delegate district, a ballot shall nonetheless
be prepared for the voters of said district to be able to
participate in the nonbinding referendum in the same manner as
all other districts where a general election is being held. The
costs of printing, disseminating and tabulating the ballots
with the advisory question for those congressional or delegate
districts where a general election would not otherwise be held
in November 1994, shall be reimbursed by the United States upon
submission by the State election agency of the actual costs of
conducting the nonbinding referendum in those districts. All
reimbursements to State election agencies for the costs of
conducting the nonbinding referendum in congressional districts
which would not otherwise be conducting a Federal election in
November 1994, shall be made from the franking accounts of the
Congress, with equal amounts drawn from the franking accounts
of the House of Representatives and the Senate to reimburse the
States for such expenses. The Clerk of the United States House
of Representatives and the Secretary of the United States
Senate shall be responsible for ensuring the proper application
for and reimbursement of said expenses.
(d) Tabulation and Certification of Voting Results.--The State
election agencies shall tabulate the results of the voting on the
advisory question in the same manner as is customary for tabulating the
results of elections of the Members of the United States House of
Representatives and Senators. Said results shall be officially
certified pursuant to the customary laws and procedures of each
jurisdiction.
(e) Transmission of Certified Results to the Congress, All Members,
and Committees on the Judiciary.--The official, certified election
results of each jurisdiction's nonbinding referendum on the advisory
question shall be certified by the State election agency to the Clerk
of the United States House of Representatives and the Secretary of the
United States Senate in the same manner and at the same time of the
certification of election of Members of the House of Representatives
and Senate at the 1994 general election, said results to be certified
by county, congressional district and statewide totals. The Clerk and
the Secretary shall be responsible for transmitting to each Member of
the respective House of Congress the results of the nonbinding
referendum from all jurisdictions. The results shall also be taken
under advisement by the respective Committee on the Judiciary of the
House of Representatives and Senate, with recommendations for response
reported back to the full House and Senate within 6 months of the
general election.
(f) Comments Regarding Procedures for Future Nonbinding
Referenda.--Within 90 days of the date of the general election, the
State election agencies shall forward to the Clerk of the United States
House of Representatives and the Secretary of the United States Senate
their comments or suggestions regarding changes or improvements in
procedures for conducting national nonbinding referenda in future
general elections. All such comments shall be referred to the
respective committees on the Judiciary of the House of Representatives
and Senate.
SEC. 5. EFFECTIVE DATE.
This Act shall become effective immediately upon passage. | National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994 - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to the appropriate State election agencies for inclusion on the 1994 general election ballot in every congressional district a national advisory referendum that poses the question of whether the Congress should approve a constitutional amendment to limit the number of terms that a Member of Congress can serve in office.
Requires tabulation and certification of the election results under customary procedures. Makes the Clerk of the House and the Secretary of the Senate responsible for transmitting such results to each Member. Requires the results to be taken under advisement by the House and the Senate Judiciary Committees, with recommendations for response reported back to the Congress within six months of the general election.
Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. | {"src": "billsum_train", "title": "National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994"} | 1,537 | 235 | 0.575244 | 1.65818 | 0.869616 | 4.704663 | 7.404145 | 0.953368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``YWCA Retirement Plan Preservation
Act of 2005''.
SEC. 2. CLARIFICATION OF BENEFIT ACCRUAL STANDARDS.
(a) Rules Relating to Reduction in Accrued Benefits Because of
Attainment of Any Age.--
(1) Comparison to similarly situated, younger
individuals.--
(A) In general.--A pension plan described in
subsection (c) shall not be treated as failing to meet
the requirements of section 204(b)(1)(H)(i) of the
Employee Retirement Income Security Act of 1974 or
section 411(b)(1)(H)(i) of the Internal Revenue Code of
1986 if a participant's entire accrued benefit, as
determined as of any date under the formula for
determining benefits as set forth in the text of the
plan documents, would be equal to or greater than that
of any similarly situated, younger individual.
(B) Similarly situated individual.--For purposes of
this paragraph, an individual is similarly situated to
a participant if such individual is identical to such
participant in every respect (including period of
service, compensation, position, date of hire, work
history, and any other respect) except for age.
(C) Subsidized portion of early retiremen benefit
disregarded.--In determining the entire accrued benefit
for purposes of this paragraph, the subsidized portion
of any early retirement benefit (including any early
retirement subsidy that is fully or partially included
or reflected in an employee's opening balance or other
transition benefits) shall be disregarded.
(2) Treatment of interest accrued on hypothetical
account.--A pension plan described in subsection (c) under
which the accrued benefit payable under the plan upon
distribution (or any portion thereof) is expressed as the
balance of a hypothetical account maintained for the
participant shall not be treated as failing to meet the
requirements of section 204(b)(1)(H)(i) of the Employee
Retirement Income Security Act of 1974 or section
411(b)(1)(H)(i) of the Internal Revenue Code of 1986 solely
because interest accruing on such balance is taken into
account.
(3) Allowable offsets.--A pension plan described in
subsection (c) shall not be treated as failing to meet the
requirements of section 204(b)(1)(H) of the Employee Retirement
Income Security Act of 1974 or section 411(b)(1)(H) of the
Internal Revenue Code of 1986 solely because the plan provides
allowable offsets against those benefits under the plan which
are attributable to employer contributions, based on benefits
which are provided under title II of the Social Security Act,
the Railroad Retirement Act of 1974, another plan described in
section 401(a) of the Internal Revenue Code of 1986 maintained
by the same employer, or under any retirement program for
officers or employees of the Federal Government or of the
government of any State or political subdivision thereof. For
purposes of this paragraph, allowable offsets based on such
benefits consist of offsets equal to all or part of the actual
benefit payment amounts, reasonable projections or estimations
of such benefit payment amounts, or actuarial equivalents of
such actual benefit payment amounts, projections, or
estimations (determined on the basis of reasonable actuarial
assumptions).
(4) Compliance with rules permitting disparity in plan
contributions or benefits.--A pension plan described in
subsection (c) shall not be treated as failing to meet the
requirements of section 204(b)(1)(H) of the Employee Retirement
Income Security Act of 1974 or section 411(b)(1)(H) of the
Internal Revenue Code of 1986 solely because the plan provides
a disparity in contributions or benefits with respect to which
the requirements of section 401(l) of the Internal Revenue Code
of 1986 are met.
(5) Pre-retirement indexing.--
(A) In general.--A pension plan described in
subsection (c) shall not be treated as failing to meet
the requirements of section 204(b)(1)(H) of the
Employee Retirement Income Security Act of 1974 or
section 411(b)(1)(H) of the Internal Revenue Code of
1986 solely because the plan provides for pre-
retirement indexing of accrued benefits under the plan.
(B) Definition.--For purposes of this clause, the
term ``pre-retirement indexing'' means, in connection
with an accrued benefit, the periodic adjustment of the
accrued benefit by means of the application of a
recognized index or methodology so as to protect the
economic value of the benefit against inflation prior
to distribution.
(b) Determinations of Accrued Benefit as Balance of Benefit
Account.--
(1) In general.--A pension plan described in subsection (c)
under which the accrued benefit payable under the plan upon
distribution (or any portion thereof) is expressed as the
balance of a hypothetical account maintained for the
participant shall not be treated as failing to meet the
requirements of section 203(a)(2) or 205(g) of the Employee
Retirement Income Security Act of 1974 or section 411(a)(2) or
417(e) of the Internal Revenue Code of 1986 solely because of
the amount actually made available for such distribution under
the terms of the plan, in any case in which the applicable
interest rate that would be used under the terms of the plan to
project the amount of the participant's account balance to
normal retirement age is not greater than a market rate of
return.
(2) Regulations.--The Secretary of the Treasury may provide
by regulation for rules governing the calculation of a market
rate of return for purposes of paragraph (1) and for
permissible methods of crediting interest to the account
(including variable interest rates) resulting in effective
rates of return meeting the requirements of paragraph (1).
(c) Pension Plan Described.--A pension plan described in this
subsection is a defined benefit plan (as defined in section 3(35) of
the Employee Retirement Income Security Act of 1974 or section 414(j)
of the Internal Revenue Code of 1986) maintained by the Young Women's
Christian Association Retirement Fund, a corporation created by an Act
of the State of New York which became law on April 12, 1924.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to periods
beginning before, on, or after the date of the enactment of this Act. | YWCA Retirement Plan Preservation Act of 2005 - Sets forth rules for treating retirement benefits provided by the Young Women's Christian Association Retirement Fund, under benefit accrual standards of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, as not violating certain age discrimination rules because of specified disparities with respect to older and younger participants. | {"src": "billsum_train", "title": "To clarify the status of retirement benefits provided by the Young Women's Christian Association Retirement Fund under the benefit accrual standards of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986."} | 1,389 | 79 | 0.491573 | 1.349264 | 0.966114 | 2.641791 | 18.208955 | 0.850746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Measures Feasibility Act''.
SEC. 2. STUDIES RELATED TO STATE-ISSUED DRIVER'S LICENSES AND
IDENTIFICATION CARDS.
(a) Study on Security Measures for State-Issued Driver's Licenses
and Identification Cards.--
(1) Feasibility study.--Commencing not later than 30 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a study to
evaluate--
(A) the ability of the States to develop and
implement the security measures for the issuance and
use of driver's licenses and identification cards
described in subsection (b);
(B) the cost of developing and implementing each
such measure, for each State; and
(C) the amount of time that such development and
implementation would require, for each State.
(2) Security measures.--The study under subsection (a)
shall address the following:
(A) Incorporation of physical security features
designed to prevent tampering, counterfeiting, or
duplication of driver's licenses and identification
cards for fraudulent purposes.
(B) Use of a uniform machine-readable technology
for driver's licenses and identification cards by all
States.
(C) Use of available technology to capture digital
images of identity source documents so that the images
can be retained in electronic storage in a transferable
format.
(D) Implementation of a standard for the retention
of paper copies of source documents for a minimum of 7
years and digital images of source documents for a
minimum of 10 years.
(E) Subjecting each person applying for a driver's
license or identification card to a mandatory facial
image capture.
(F) Implementation of an effective procedure to
confirm or verify a renewing applicant's information.
(G) Implementation of an effective procedure to
confirm with the Social Security Administration that a
social security account number presented by the
applicant is legitimate and to resolve any
discrepancies about such a number that might occur.
(H) Implementation of procedures to ensure the
physical security of locations where driver's licenses
and identification cards are produced and to ensure the
security of document materials and papers from which
driver's licenses and identification cards are
produced.
(I) Subjecting all persons authorized to
manufacture or produce driver's licenses and
identification cards to appropriate security clearance
requirements.
(J) Provision of training in fraudulent document
recognition for appropriate employees engaged in the
issuance of driver's licenses and identification cards.
(K) Full participation in the interstate compact
regarding the sharing of driver's license data, known
as the ``Driver's License Agreement'', in order to
provide electronic access by a State to information
contained in the motor vehicle databases of all other
States.
(L) Establishment of State motor vehicle databases
that contain, at a minimum, all data fields printed on
driver's licenses and identification cards issued by
the State, and motor vehicle driver's histories,
including motor vehicle violations, suspensions, and
points on licenses.
(M) Establishment of two category systems for
driver's licenses, one for citizens and lawful
permanent residents of the United States which would
have to be renewed after a fixed period of time and
another for nonimmigrant aliens which would expire at
the expiration of the nonimmigrant's authorized period
of stay in the United States.
(N) Implementation of an effective procedure to
verify the issuance, validity, and completeness of
every document required to be presented by an applicant
for a driver's license or identification card.
(O) Routine utilization of the automated system
known as ``Systematic Alien Verification for
Entitlements''.
(P) Establishing a system for ensuring that, in
every case in which the State issues a driver's license
or identification card that does not satisfy the these
security measures, the license or identification card
clearly states on its face that it may not be accepted
by any Federal agency for any official purpose and uses
a design or color indicator to alert Federal agencies
that it may not be accepted for any such purpose.
(b) Study on Consequences of Making Driver's Licenses Unavailable
to Undocumented Aliens.--Commencing not later than 30 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall conduct a study on the adverse consequences that
could result from preventing aliens who are unlawfully present in the
United States from obtaining driver's licenses, taking into account the
probability that such an alien will drive without a license if rendered
ineligible to receive one based on such unlawful status.
(c) Report to Congress.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of the
Congress and the Secretary of Homeland Security a report on the
findings and recommendations resulting from the studies
described in subsections (a) and (b).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The assessment of the Comptroller General on
each matter addressed by such studies.
(B) Any recommendation of the Comptroller General
for administrative action on any matter specified in
subsection (a) or (b) that the Comptroller General
considers necessary to better protect the security of
driver's licenses and identification cards issued by
the States.
(C) Any recommendation of the Comptroller General
for legislative action on any matter specified in
subsection (a) or (b) that the Comptroller General
considers necessary to better protect the security of
driver's licenses and identification cards issued by
the States.
(3) Form.--If necessary, the Comptroller General may submit
a classified and unclassified version of the report.
(d) Appropriate Committees of the Congress Defined.--In this
section, the term ``appropriate committees of the Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the United States House of
Representatives. | Security Measures Feasibility Act - Requires the Comptroller General to conduct a study evaluating: (1) the ability of the States to develop and implement specified security measures (including the incorporation of anti-fraud features, the use of uniform machine-readable technology, and implementation of a social security number confirmation system) for the issuance and use of driver's licenses and identification cards; (2) the cost of developing and implementing each such measure for each State; and (3) the amount of time that such development and implementation would require for each State.
Directs the Comptroller General to conduct a study of the potential adverse consequences of preventing aliens unlawfully present in the United States from obtaining driver's licenses.
Requires the Comptroller General to report findings of both studies to appropriate congressional committees and to the Secretary of Homeland Security, incorporating any recommendations for administrative or legislative action. | {"src": "billsum_train", "title": "To require the Comptroller General of the United States to conduct a study on the development and implementation by States of security measures for driver's licenses and identification cards and a study on the consequences of denying driver's licenses to aliens unlawfully present in the United States, and for other purposes."} | 1,403 | 200 | 0.646494 | 2.041694 | 0.975726 | 3.529762 | 7.583333 | 0.934524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Standards
Preservation Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The safety of drinking water, and the adequacy of water
supplies, is a national concern. In the 29 years since Congress
first mandated the establishment of uniform national minimum
drinking water standards, national standards have been
established for more than 100 contaminants and parameters.
(2) The States have been authorized to enforce those
standards, and, in appropriate cases, set stricter standards on
a statewide basis.
(3) It is technologically infeasible for a drinking water
system to provide water with a zero level of contaminants, and
a determination that drinking water must contain no
contaminants would threaten the adequacy of water supplies.
(4) The setting of drinking water standards is a complex
public policy determination requiring a careful analysis and
balancing of a number of factors, including--
(A) the maximum safe level for each drinking water
contaminant;
(B) the technological capability of removing
contaminants from public drinking water supplies; and
(C) the importance of assuring that drinking water
is affordable to all Americans.
(5) The setting of these standards is not appropriate for
individual juries deciding individual cases in the separate
States, but rather is fundamentally a scientific issue to be
resolved by the appropriate Federal and State agencies in
accordance with the rulemaking provisions of the Safe Drinking
Water Act and the applicable State authorities.
(6) Claims for monetary damages brought against public
water providers under the common law of the various States
based on alleged contamination of drinking water threaten to
undermine the science-based uniform national system of water
quality regulation.
(7) The States should retain maximum flexibility to handle
claims for monetary damages brought against public water
providers based on alleged contamination of drinking water,
including the authority to decide whether such claims should be
heard by the courts or an administrative agency.
(8) The costs of defending against multiple legal claims
can be financially burdensome to any water provider, but
especially to small systems, and the imposition of such costs
cannot be justified when a supplier complies with the
requirements of the Safe Drinking Water Act.
SEC. 3. AMENDMENTS TO THE SAFE DRINKING WATER ACT.
Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is
amended as follows:
(1) In subsection (e)--
(A) in the first sentence, by striking ``Nothing''
and inserting ``Except as provided in subsection (f),
nothing'';
(B) at the end of the first sentence, by striking
``or to seek any other relief'';
(C) in the second sentence, by striking ``Nothing''
and inserting ``Except as provided in subsection (f),
nothing''; and
(D) by inserting after the first sentence the
following: ``Nothing in subsection (f) creates a new
cause of action, and, except as otherwise explicitly
provided in this title, nothing in this title expands
liability otherwise imposed or limits any defense
otherwise available under Federal or State law.''.
(2) By adding the following new subsection at the end
thereof:
``(f)(1) No public water system shall be liable in a civil suit
brought before any Federal or State court for damages arising from
injury (including personal injury, death, or property damage) allegedly
caused by delivery of contaminated water, unless the court determines
that the plaintiff has established the following:
``(A) In the case of a regulated contaminant, the plaintiff
must establish that each of the following criteria are met:
``(i) The substance in the delivered water which
the plaintiff claims caused the injury was subject to a
Federal or State regulation prescribed under this Act
at the time of delivery.
``(ii) There is substantial scientific evidence
that the substance in the delivered water which the
plaintiff claims caused the injury was of such a
nature, and in such amounts, that it was reasonably
likely to cause the kind of injury of which the
plaintiff complains.
``(iii) The public water system violated the
regulation referred to in clause (i).
``(iv) The violation was negligent.
``(v) The violation caused the injury.
``(B) In the case of an unregulated contaminant, the
plaintiff must establish that each of the following criteria
are met:
``(i) The substance in the delivered water which
the plaintiff claims caused the injury was not subject
to any requirements prescribed under this Act at the
time of delivery.
``(ii) There is substantial scientific evidence
that the substance in the delivered water which the
plaintiff claims caused the injury was of such a
nature, and in such amounts, that it was reasonably
likely to cause the kind of injury of which the
plaintiff complains.
``(iii) The injury actually was caused by delivery
of water that contained such a substance.
``(iv) The public water system knew or should have
known that the substance was in the drinking water at
such a level and was likely to cause the injury.
``(v) It was feasible for the supplier to have
removed such contaminant to a level below which it was
not likely to cause such injury.
``(2) The court shall, in a special pretrial proceeding, subject to
the requirements of paragraph (3), determine whether the plaintiff has
established either that criteria in clauses (i), (ii), and (iii) of
paragraph (1)(A) or criteria in clauses (i), (ii), and (v) in paragraph
(1)(B) have been met.
``(3) The court, in making the determinations required in
paragraphs (1)(A) and (1)(B), shall adopt and give binding effect to
any findings of fact, conclusions of law, or determination of any
agency of a State exercising primary enforcement authority for purposes
of this title. Nothing in this section limits the jurisdiction or
authority of any State agency to make findings and determinations with
respect to whether--
``(A) requirements for drinking water quality adequately
protect the public;
``(B) additional requirements for regulated or unregulated
contaminants are warranted; and
``(C) public water systems are in compliance with such
requirements.''. | Drinking Water Standards Preservation Act of 2005 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants. Requires for both regulated and unregulated contaminants that the plaintiff establish that there is substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury. Requires proof: (1) in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury; and (2) in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level. Directs the court to make determinations regarding proof requirements in a special pretrial proceeding and to give binding effect to any findings of fact, conclusions of law, or determinations of State agencies exercising primary enforcement authority. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act to provide procedures for claims relating to drinking water."} | 1,371 | 244 | 0.558912 | 1.746997 | 0.783901 | 3.730233 | 6.32093 | 0.939535 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Public Rangeland
Grazing Reform Act of 1993''.
(b) Findings.--The Congress finds--
(1) the Federal rangelands and riparian areas under the
jurisdiction of the Bureau of Land Management and the Forest
Service in Western States should be managed in a manner to
achieve and sustain a status of healthy native range and
riparian ecosystems and in a manner that will sustain a full
and thriving spectrum of biologically diverse plant and animal
species within such ecosystems;
(2) a substantial amount of Federal rangeland continues to
be in a deteriorated condition;
(3) measures taken by the Bureau of Land Management and the
Forest Service to improve the condition of Federal rangelands
have not resulted in sufficient progress toward the achievement
of ecologically healthy and biologically diverse range and
riparian ecosystems for these lands;
(4) the fee formula established by Executive Order Numbered
12548 of February 14, 1986, has resulted in fees that have not
returned to the Nation's citizens an adequate return for the
privilege of utilizing affected rangeland for livestock
grazing; and
(5) it is necessary to revise applicable law so as to
improve management of grazing on rangelands in Western States
managed by the Bureau of Land Management and the Forest
Service.
SEC. 2. GRAZING FEES.
(a) FLPMA Amendment.--Section 401 of the Federal Land Policy
Management Act of 1976 (43 U.S.C. 1751) is amended by repealing
subsection (a), and paragraph (b)(1), by redesignating paragraph (b)(2)
as paragraph (a)(1), by redesignating paragraph (b)(3) as paragraph
(a)(2), and by adding at the end of the section the following:
``(b)(1) Except as provided in subsection (c), the Secretary of
Agriculture, with respect to national forest lands in the 16 contiguous
Western States (including national grasslands) administered by the
United States Forest Service where domestic livestock grazing is
permitted under applicable law, and the Secretary of the Interior with
respect to public domain lands administered by the Bureau of Land
Management where domestic livestock grazing is permitted under
applicable law, shall establish and implement, beginning with the
grazing season which commences on March 1, 1994, an annual domestic
livestock grazing fee equal to fair market value.
``(2)(A) For purposes of this subsection, the term `fair market
value' is defined as follows:
Appraised Base Value <greek-e> Forage Value Index
Fair Market Value = ------------------------------------------------------------
100
``(B) For the purposes of subparagraph (A)--
``(i) the term `Forage Value Index' means the Forage Value
Index (FVI) computed annually by the Economic Research Service,
United States Department of Agriculture, and set with the 1991
FVI equal to 100; and
``(ii) the term `Appraised Base Value' means the 1983
Appraisal Value conclusions for mature cattle and horses
(expressed in dollars per head or pair month), as determined in
the 1986 report prepared jointly by the Secretary of
Agriculture and the Secretary of the Interior entitled `Grazing
Fee Review and Evaluation', dated February 1986, on a westwide
basis using the lowest appraised value of the pricing areas
adjusted for advanced payment and indexed to 1991.
``(3) Executive Order Numbered 12548, dated February 14, 1986,
shall not apply to grazing fees established pursuant to this Act.
``(c) Alternative Fees.--The Secretary concerned is authorized to
implement a program enabling persons permitted to graze domestic
livestock on land described in subsection (b) to pay grazing fees in an
amount less than would otherwise be required by subsection (b) if such
persons meet requirements established by such Secretary to improve the
condition of affected range and riparian ecosystems and the biological
diversity of such ecosystems.
``(d) Consolidation of Boards.--The grazing advisory boards
established pursuant to Secretarial action, notice of which was
published in the Federal Register on May 14, 1986 (51 Fed. Reg. 17874),
are hereby abolished, and the advisory function exercised by such
boards, shall, after the date of enactment of this subsection, be
exercised only by the appropriate councils established under this
section.
``(e) U.S. Share of Receipts.--Funds appropriated pursuant to
section 5 of the Public Rangelands Improvement Act of 1978 (43 U.S.C.
1904) or any other provision of law related to disposition of the
Federal share of receipts from fees for grazing on public domain lands
or National Forest lands in the 16 contiguous Western States shall be
used for restoration and enhancement of fish and wildlife habitat, for
restoration and improved management of riparian areas, and for
implementation and enforcement of applicable land management plans,
allotment plans, and regulations regarding the use of such lands for
domestic livestock grazing. Such funds shall be distributed as the
Secretary concerned deems advisable after consultation and coordination
with the advisory councils established pursuant to section 309 of this
Act and other interested parties.''.
(b) Taylor Grazing Act Amendment.--Section 10 of the Taylor Grazing
Act (43 U.S.C. 315i) is amended to read as follows:
``SEC. 10. RECEIPT SHARING.
``(a) Payment to Local Governments.--From the moneys received by
the United States in return for the grazing of domestic livestock on
public domain lands and National Forest lands in the 16 contiguous
Western States, the Secretary of the Treasury shall pay to the units of
local government with jurisdiction over the lands with respect to which
such moneys are collected an amount equal to 12.5 percent of such
moneys collected under section 3 of this Act and 50 percent of such
moneys collected under section 15 of this Act during each fiscal year.
``(b) Uses.--Payments made under this subsection shall be in
addition to any payments made to units of local government under other
applicable law. Moneys received under this section may be used for any
governmental purpose, including but not limited to schools and roads,
but may not be expended in support of or opposition to any legislative
proposal pending before Congress prior to its enactment into law or in
connection with any action or claim in any court or other agency of the
United States or of any State relating to the management of domestic
livestock grazing on public lands or National Forest lands.
``(c) Definition.--For purposes of this section, the term `unit of
local government' shall have the same definition as such term has in
chapter 69 of title 31 of the United States Code (providing for
payments for entitlement land).
``(d) Proportions.--If any grazing district includes lands within
the jurisdiction of more than one unit of local government, payments to
each such unit shall be in proportion to the percentage of the total
area of such grazing district located within each such unit's
jurisdiction.''.
SEC. 3. TERM OF GRAZING PERMITS.
Subsections (a) and (b) of section 402 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1752) are amended by striking the
words ``ten years'' each time such words occur in such subsections and
by inserting in lieu thereof the words ``five years''.
SEC. 4. NONGRAZING USE.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended by adding at the end thereof the following:
``(i) Allotment Management Plans; Nongrazing Uses.--
``(1) If a State natural resource or wildlife agency, or
nongovernmental organization or private person in a cooperative
agreement with a State natural resource or wildlife agency, is
a holder of a grazing permit or a lease and notifies the
Secretary concerned that such holder intends to refrain from
utilizing for livestock grazing some or all of the forage
available for such purposes under such permit or lease for an
interval of at least 2 years for the purpose of conservation or
wildlife enhancement, the Secretary shall place such forage on
a nonuse status for the interval specified by such holder at
the time of notification.
``(2) Forage placed on a nonlivestock-use status under this
subsection shall not be available for domestic livestock
grazing under any permit or lease, and the unavailability of
such forage for livestock grazing shall be taken into account
by the Secretary in connection with the preparation or revision
of plans for the management of the affected lands.
``(3) The holder of a grazing permit or lease who has
utilized the option under this subsection of having some or all
of the forage covered by such permit or lease placed on a
nonuse status shall be given the first priority, pursuant to
this subsection, for receipt of a new permit or lease for the
land covered by such permit or lease after its expiration.
``(4) Any fee otherwise applicable for utilization by
grazing of forage under a grazing permit or lease shall be
reduced to the extent that such forage is on a nonuse status
under this subsection.''.
SEC. 5. PROHIBITION OF SUBLEASING.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752), as amended by section 3 of this Act, is further
amended by adding at the end thereof the following:
``(j) Prohibition of Subleasing.--(1) Subleasing is hereby
prohibited.
``(2) For purposes of this subsection the following terms shall
have the following meanings:
``(A) The term `subleasing' means the grazing, on public
lands or on National Forest lands covered by a grazing permit,
of domestic livestock which is not both owned and controlled by
the holder of the grazing permit.
``(B) The term `grazing permit' means a permit or lease of
the type described in subsection (a) of this section which has
been issued by the Secretary concerned pursuant to applicable
law and which authorizes for a specified term of years the
grazing of domestic livestock on public lands or lands within
National Forests in the 16 contiguous Western States.
``(3) To assure compliance with this subsection, the Secretary
concerned shall require each holder of a grazing permit to file
annually an affidavit that such holder owns and controls all livestock
which such holder is knowingly allowing to graze on public lands or
National Forest lands covered by such holder's grazing permit.
``(4)(A) A grazing permit shall terminate 30 days after the
effective date of any lease, conveyance, transfer, or other voluntary
action on the part of a holder of a grazing permit which has the effect
of removing from the control of the holder of such permit the privately
owned property or part thereof with respect to which a grazing permit
was issued. No grazing pursuant to such permit shall be permitted after
such termination unless, prior to such termination, the party that has
obtained or will obtain control of such property or part thereof has
submitted an application for a grazing permit based on such control, in
which case the Secretary concerned may allow grazing to continue if
such Secretary has reason to believe that such application is likely to
be approved. Such continued grazing shall be for a period no longer
than the remainder of the grazing year during which such application
was submitted.
``(B)(i) A grazing permit held by a natural person shall terminate
upon the death of its holder, but the Secretary may permit grazing to
continue on lands covered by such grazing permit for a period not to
exceed 2 years after the date of the death of such holder if necessary
or appropriate in order to facilitate the orderly management of the
deceased holder's estate.
``(ii) A grazing permit shall terminate upon an involuntary
transfer from the control of its holder (including a transfer by
operation of law) of the privately owned property (or portion thereof)
with respect to which such grazing permit was issued, but the Secretary
may permit grazing to continue on lands covered by such grazing permit
for a period not to exceed 1 year after such involuntary transfer, if
necessary, in order to facilitate the redemption, sale, or other
disposition of such property or portion thereof.
``(iii) After any continuation of grazing pursuant to either clause
(i) or (ii) any grazing on lands affected by such continuation shall
occur only subject to a new grazing permit.
``(iv) Any decision by the Secretary concerned to permit a
continuation of grazing pursuant to this paragraph shall be
discretionary, and this paragraph shall not be construed as vesting in
any party any right to graze livestock on any lands owned by the United
States or any right to any grazing permit.
``(5) Any holder of a grazing permit who knowingly allows
subleasing to occur on public lands or National Forest lands covered by
such permit shall forfeit to the United States the dollar equivalent of
any value in excess of the grazing fee paid or payable to the United
States with respect to such permit, shall be disqualified from further
exercise of any rights or privileges conferred by that permit or any
other grazing permit, and shall be subject to the penalties specified
in section 303 of this Act.
``(6) Any person other than the holder of a grazing permit who
knowingly engages in subleasing on or after the date of enactment of
this subsection shall be subject to the penalties specified in section
303 of this Act.''. | Public Rangeland Grazing Reform Act of 1993 - Amends the Federal Land Policy Management Act of 1976 to direct the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous Western States, and the Secretary of the Interior, with respect to public domain lands, where domestic livestock grazing is permitted under applicable law, to establish and implement an annual domestic livestock grazing fee equal to fair market value, based on a specified formula.
Sets forth provisions regarding: (1) alternative fees; (2) abolition of grazing advisory boards; and (3) the U.S. share of receipts.
Amends the Taylor Grazing Act to revise provisions concerning the use of moneys received from grazing activities to provide for specified payments to local governments and to limit the uses of such moneys.
Sets forth provisions regarding: (1) the term of grazing permits; and (2) non-grazing uses.
Prohibits subleasing (i.e., the grazing, on public lands or on National Forest lands covered by a grazing permit, of domestic livestock which is not both owned and controlled by the holder of of the grazing permit). | {"src": "billsum_train", "title": "Public Rangeland Grazing Reform Act of 1993"} | 3,123 | 261 | 0.632176 | 1.755237 | 0.837475 | 4.206422 | 12.614679 | 0.894495 |
SECTION 1. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended--
(1) in the last sentence of subsection (b), by striking ``,
to the extent practicable,''; and
(2) by adding at the end the following new subsection:
``(e) Substance Abuse Treatment.--
``(1) Phase-in.--In order to carry out the requirement of
the last sentence of subsection (b) of this section, that every
prisoner with a substance abuse problem have the opportunity to
participate in appropriate substance abuse treatment, the
Bureau of Prisons shall provide substance abuse treatment--
``(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with priority
for such treatment accorded based on an eligible
prisoner's proximity to release date;
``(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with priority
for such treatment accorded based on an eligible
prisoner's proximity to release date; and
``(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority for such
treatment accorded based on an eligible prisoner's
proximity to release date.
``(2) Incentive for prisoners' successful completion of
treatment program.--
``(A) Generally.--Any prisoner who, in the judgment
of the Director of the Bureau of Prisons, has
successfully completed a program of residential
substance abuse treatment provide under paragraph (1)
of this subsection, shall remain in the custody of the
Bureau for such time (as limited by subparagraph (B) of
this paragraph) and under such conditions, as the
Bureau deems appropriate. If the conditions of
confinement are different from those the prisoner would
have experienced absent the successful completion of
the treatment, the Bureau shall periodically test the
prisoner for substance abuse and discontinue such
conditions on determining that substance abuse has
recurred.
``(B) Period of custody.--The period the prisoner
remains in custody after successfully completing a
treatment program shall not exceed the prison term the
law would otherwise require such prisoner to serve, but
may not be less than such term minus one year.
``(3) Report.--The Bureau of Prisons shall transmit to the
Committees on the Judiciary of the Senate and the House of
Representatives on January 1, 1995, and on January 1 of each
year thereafter, a report. Such report shall contain--
``(A) a detailed quantitative and qualitative
description of each substance abuse treatment program,
residential or not, operated by the Bureau;
``(B) a full explanation of how eligibility for
such programs is determined, with complete information
on what proportion of prisoners with substance abuse
problems are eligible, and
``(C) a complete statement of to what extent the
Bureau has achieved compliance with the requirements of
this title.
``(4) Authorization of appropriations.--There are
authorized to be appropriated in each fiscal year such sums as
may be necessary to carry out this subsection.
``(5) Definitions.--As used in this subsection--
``(A) the term `residential substance abuse
treatment' means a course of individual and group
activities, lasting between 6 and 12 months, in
residential treatment facilities set forth from the
general prison population--
``(i) directed at the substance abuse
problems of the prisoner; and
``(ii) intended to develop the prisoner's
cognitive, behavorial, social, vocational, and
other skills so as to solve the prisoner's
substance abuse and related problems; and
``(B) the term `eligible prisoner' means a prisoner
who is--
``(i) determined by the Bureau of Prisons
to have a substance abuse problem; and
``(ii) willing to participate in a
residential substance abuse treatment
program.''.
Passed the House of Representatives November 3, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Federal criminal code to direct the Bureau of Prisons to provide residential substance abuse treatment for not less than 50 percent of eligible prisoners by the end of FY 1995, for not less than 75 percent by the end of FY 1996, and for all eligible prisoners by the end of 1997 and thereafter. Grants priority for such treatment based on an eligible prisoner's proximity to release date.
Permits sentence reductions of up to a year for a prisoner's successful completion of a residential substance abuse treatment program.
Requires the Bureau to transmit to specified congressional committees annual reports describing each substance abuse treatment program operated by the Bureau, how program eligibility is determined, and Bureau compliance with the requirements of this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a program of residential substance abuse treatment within Federal prisons."} | 887 | 163 | 0.65615 | 1.853935 | 0.750944 | 3.295775 | 5.887324 | 0.84507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Opportunity Grant Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An educated citizenry is fundamental both for a
democratic society and for a productive economy.
(2) In today's world a high school education is only the
foundation of the lifelong learning process which will permit
individuals and nations to prosper in the highly changing
international economy of the 21st century. A college education
remains an excellent investment both for students and for
America.
(3) The right of every American to a free, publicly
financed education through high school and the responsibility
of State and local governments to provide this education is
recognized by the basic laws of every State and Commonwealth
within the United States. Approximately, 90 percent of all
Americans receive their basic education through the locally
governed and managed public schools.
(4) Postsecondary education, in contrast, is delivered
through a diverse system of public and private institutions.
Students, families, the Federal Government, States, and the
private sector provide the funds for this education through a
system which is neither rational nor adequate. A new
partnership is necessary which redefines and makes more
rational the respective roles of students, families,
government, nonprofit, and the private sector in ensuring
financial access to the high quality educational opportunities
which students are academically prepared to undertake.
(5) At the same time that the need for postsecondary
education is becoming universal, the cost of this education has
increased, causing financial strain for all but the most
affluent American families to afford.
(6) The interstate mobility of the modern workforce and the
integrated nature of the American economy make it appropriate
for the national government to expand its contribution to the
financing of postsecondary education so that it is a more equal
partner with State governments and families in financing
postsecondary education.
(7) It is therefore important that adequate financial
resources are available to assure that every high school
graduate has access to the postsecondary training which his or
her efforts have qualified them for academically.
(8) As the Federal contribution increases, however, it will
be necessary to ensure that future increases in the cost of
attendance for students, including tuition charges, is
constrained so that Federal assistance is directed to the
students rather than to the institutions or to State
governments. The principle must be that additional Federal
support is intended to supplement public resources for
education not to substitute Federal dollars for existing State
expenditures.
(9) It is appropriate that the Federal Government in
exchange for the financial assistance provided, require that
students meet appropriate academic standards both for initial
eligibility and for continuing support.
SEC. 3. AMERICAN OPPORTUNITY GRANTS.
(a) Designation of Program; Eligible Institutions.--Section 401(a)
of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)) is amended by
striking paragraph (3) and inserting the following:
``(3) Basic grants made under this subpart shall be known as
`American Opportunity Grants'.
``(4) Notwithstanding section 481, for purposes of this section the
terms `eligible institution' and `institution of higher education' have
the meaning given the term `institution of higher education' by section
1201 of this Act.''.
(b) Revision of Grant Program.--Section 401(b) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by striking
paragraphs (2) through (5) and inserting the following:
``(2) Determination of amount of grant.--The amount of the
basic grant for a student eligible under this part for academic
year 1998-1999 is determined on the basis of the adjusted
income of the student's family and is equal to the sum of the
basic award, the `B' average merit award, and the public
service award as determined under the following table:
----------------------------------------------------------------------------------------------------------------
The ``B'' The public
If the adjusted income is-- The basic average merit service award
award is-- award is-- is--
----------------------------------------------------------------------------------------------------------------
Less than $10,000............................................... $3,000 $1,000 $1,000
10,001 to 15,000................................................ 2,950 900 1,000
15,001 to 20,000................................................ 2,900 800 1,000
20,001 to 25,000................................................ 2,850 800 1,000
25,001 to 30,000................................................ 2,800 700 1,000
30,001 to 35,000................................................ 2,750 600 1,000
35,001 to 40,000................................................ 2,700 500 1,000
40,001 to 45,000................................................ 2,650 500 1,000
45,001 to 50,000................................................ 2,600 500 1,000
50,001 to 55,000................................................ 2,550 500 1,000
55,001 to 60,000................................................ 2,450 500 1,000
60,001 to 65,000................................................ 2,200 500 1,000
65,001 to 70,000................................................ 1,700 500 1,000
70,001 to 75,000................................................ 1,000 500 1,000
75,001 to 80,000................................................ 500 500 1,000
80,001 to 90,000................................................ 0 500 1,000
More than 90,000................................................ 0 0 0
----------------------------------------------------------------------------------------------------------------
``(3) Limitations on calculations.--
``(A) Cost of attendance limitations on
calculations.--Notwithstanding paragraph (2)--
``(i) the basic award determined under the
table contained in such paragraph shall not
exceed 50 percent of the cost of attendance for
the eligible student; and
``(ii) the `B' average merit award
determined under such table shall not exceed 15
percent of such cost of attendance.
``(B) Grade recognition.--A student is eligible for
a `B' average merit award for any academic year
immediately following an academic year for which the
student has maintained a grade average of `B' or better
(or the equivalent of such a grade as determined in
accordance with regulations prescribed by the
Secretary), except that no institution may grant such a
merit award to more than one-half of its students for
any academic year.
``(C) Service recognition.--A student is eligible
for a public service award for any academic year
immediately following an academic year in which the
student has performed 195 or more hours of qualifying
public service (as determined in accordance with
regulations prescribed by the Secretary).
``(D) Determination of adjusted income.--For
purposes of subparagraph (A), a family's adjusted
income is equal to the sum of--
``(i) the family's adjusted gross income;
and
``(ii) a contribution from assets
determined by--
``(I) determining net worth in the
manner required by sections 475(d)(2),
476(c)(2), and 477(c)(2);
``(II) subtracting any portion of
such net worth that is attributable to
farm assets, a tax-deferred retirement
savings account or plan (as defined by
the Secretary by regulation); and
``(III) subtracting $50,000;
except that such contribution from assets shall
not be less than zero.
``(3) Baseline expenditure and revenue limitations.--
``(A) In general.--In order to be an eligible
institution under the American Opportunity Grant
program, the governing authority of the institution of
higher education shall certify to the Secretary that--
``(i) the institution has maintained--
``(I) an average annual expenditure
for the applicable academic year that
is at least equal to the average annual
expenditure per full-time equivalent
student for the 3 preceding academic
years; or
``(II) an annual education and
general expenses expenditure for the
applicable academic year that is at
least equal to the average annual
education and general expenses
expenditure for the 3 preceding
academic years; and
``(ii) the tuition increase (if any) for
the applicable academic year does not exceed
120 percent the average annual tuition increase for all similar
institutions for the 3 preceding academic years, as determined in
accordance with regulations prescribed by the Secretary.
``(B) Review of certification.--The review of such
certification by the Secretary shall be limited to such
criteria which the Secretary believes necessary to
assure that enhanced Federal assistance has not been
used to supplant existing funding by the institution.
``(C) Waivers.--The Secretary may waive the
requirements of this paragraph if the review conducted
under subparagraph (B) demonstrates that the failure to
comply was caused by extraordinary and compelling
circumstances.
``(4) Part-time study.--In any case where a student attends
an institution of higher education on less than a full-time
basis (excluding a student who attends an institution of higher
education on less than a half-time basis) during any academic
year, the amount of the basic grant to which that student is
entitled shall be reduced in proportion to the degree to which
that student is not so attending on a full-time basis, in
accordance with a schedule of reductions established by the
Secretary for the purposes of this division, computed in
accordance with this subpart. Such schedule of reductions shall
be established by regulation and published in the Federal
Register in accordance with section 482 of this Act.
(c) Period of Eligibility.--Section 401(c) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(c)) is amended to read as follows:
``(c) Period of Eligibility.--
``(1) Baccalaureate degree students.--An undergraduate
student enrolled full-time in a program leading to a
baccalaureate degree shall be entitled to 4 academic years of
support, if the student is certified prior to the beginning of
each academic term as making satisfactory progress toward such
degree. The Secretary shall promulgate regulations for
providing an equivalent period of support for less than full-
time students.
``(2) Nonbaccalaureate degree students.--An undergraduate
student who is not enrolled full-time in a program leading to a
baccalaureate degree shall be entitled to up to 2 terms of
support, each of which may not exceed 1 year in length. The
Secretary shall promulgate regulations for providing an
equivalent period of support for less than full-time students.
``(3) Single grant.--No student is entitled to receive a
basic grant concurrently from more than 1 institution for any
academic year.
(d) Effective Dates.--Except as provided in section 4, the
amendments made by this section shall be effective with respect to
grants to students for academic years beginning on or after July 1,
1998.
SEC. 4. PRESERVATION OF PELL GRANTS FOR PROPRIETARY SCHOOL STUDENTS.
(a) In General.--Notwithstanding the amendments made by section 3
of this Act, students attending proprietary institutions of higher
education or postsecondary vocational institutions (as such terms are
defined in section 481 of the Higher Education Act of 1965 (20 U.S.C.
1088)) shall continue to be eligible to receive Pell grants in
accordance with section 401 of such Act as in effect on the day before
the date of enactment of this Act, except that the maximum grant under
subsection (b)(2)(A) of such section 401 shall be $2,500.
(b) GAO Evaluation.--Within 18 months after such date of enactment,
the Comptroller General shall submit a report to the Economic and
Educational Opportunities Committee of the House of Representatives and
the Labor and Human Resources Committee of the Senate a report
evaluating the financial aid needs of students attending the
institutions described in subsection (a), and containing such
alternatives and recommendations as the Comptroller General considers
appropriate to address those financial aid needs.
SEC. 5. EVALUATION.
Section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098) is
amended by adding at the end the following new subsection:
``(m) American Opportunity Grant Study.--The Advisory Committee
shall conduct a study of the baseline expenditure and revenue
limitations contained in section 401(b)(3) of this Act and the need for
any modifications to such limitations. Such report shall include
recommendations to restrain the annual rate of tuition increases and
increases in the cost of attendance. The Advisory Committee shall
submit a report on the results of such study to the Congress not later
than December 31, 1998.''.
SEC. 6. COMMISSION ON CORPORATE WELFARE.
(a) Purpose.--It is the purpose of this section to establish a
Commission on Corporate Welfare.
(b) Establishment.--There is hereby established an independent
agency in the executive branch a commission to be known as the
Commission on Corporate Welfare (hereafter in this section to be
referred to as the ``Commission'').
(c) Membership.--The Commission shall be composed of 7 members, 3
whom shall be appointed by the President from the business community,
one of whom shall be appointed by the Speaker of the House of
Representatives, 1 of whom shall be appointed by the minority leader of
the House of Representatives, one of whom shall be appointed by the
majority leader of the Senate, and 1 of whom shall be appointed by the
minority leader of the Senate. The members of the Commission shall be
appointed not later than 30 days after enactment of this Act. Members
of the Commission shall be appointed for the life of the Commission and
any vacancy shall be filled in the manner of the original appointment.
The Commission shall select a chairperson from among its members.
(d) Meetings.--The Commission shall meet at the call of the chair,
and 5 members shall constitute a quorum, but a lesser number may hold
hearings.
(e) Duties.--The Commission shall recommend changes in existing law
relating to Federal expenditures and revenues that would reduce direct
or indirect subsidies to corporations that in total produce a net
savings that would fully offset the expenditures resulting from section
3 of this Act, as determined by the Congressional Budget Office.
(f) Report and Recommendations.--The Commission shall submit a
final report to the President and the Congress on the Commission's
recommendations within 6 months of the date of enactment of this Act.
(g) Powers of the Commission.--
(1) Hearings.--The Commission may hold hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry
out the purposes of this part.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
the provisions of this section.
(h) Authorization of Appropriations.--There are hereby authorized
to be appropriated $1,000,000 to carry out this section for fiscal year
1997. Amounts available under this section are authorized to remain
available until expended.
(i) Staff and Expenses.--The Chairperson of the Commission may
without regard to the civil service laws and regulations, appoint and
terminate an executive director and 6 staff members to enable the
Commission to perform its duties. The employment of the executive
director shall be subject to confirmation by the Commission. The
Chairperson of the Commission shall fix the compensation of the
executive director and staff members without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and such staff shall not exceed the rate payable for level 15
of the General Schedule classified under section 5107 of such title.
(j) Termination.--The Commission shall terminate 30 days after the
completion of the final report. | American Opportunity Grant Act - Amends the Higher Education Act of 1965 to rename basic educational opportunity grants (currently, Federal Pell Grants) as American Opportunity Grants for students at institutions of higher education.
Revises the determination of the amount of such a grant. Sets forth formulas based on adjusted incomes and amounts of the basic awards, and of the additional "B" average merit awards and public service awards. Sets forth limitations relating to calculations of individual grant awards.
Sets forth baseline expenditure and revenue limitations on institutional eligibility for participation in such grants program.
Revises provisions relating to individual periods of eligibility.
(Sec. 4) Preserves Pell Grant eligibility provisions with respect to students attending proprietary institutions of higher education or postsecondary vocational school. Sets the maximum grant in such cases at $2,500. Directs the Comptroller General to evaluate and report to specified congressional committees on the financial aid needs of students attending such institutions, with recommendations for appropriate alternatives.
(Sec. 5) Directs the Advisory Committee on Student Financial Assistance to study and report to the Congress on the baseline expenditure and revenue limitations for institutional eligibility to participate in the grants program under this Act, including recommendations to restrain the annual rate of tuition increases and increases in the cost of attendance.
(Sec. 6) Establishes a Commission on Corporate Welfare to report to the President and the Congress and to recommend changes in existing law relating to Federal expenditures and revenues that would: (1) reduce direct or indirect subsidies to corporations; and (2) produce, in total, a net savings that would fully offset expenditures resulting from the American Opportunity Grants program under this Act. Authorizes appropriations. | {"src": "billsum_train", "title": "American Opportunity Grant Act"} | 3,493 | 367 | 0.434201 | 1.408624 | 0.779483 | 2.720859 | 9.628834 | 0.861963 |
SECTION 1. DEFINITIONS FROM NUCLEAR WASTE POLICY ACT OF 1982.
In this Act, the terms ``Commission'', ``disposal'', ``high-level
radioactive waste'', ``repository'', ``Secretary'', ``State'', ``spent
nuclear fuel'', and ``Yucca Mountain site'' have the meanings given
those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101).
SEC. 2. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES.
(a) Application.--Section 114(b) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10134(b)) is amended--
(1) by striking ``If the President'' and inserting the
following:
``(1) In general.--If the President''; and
(2) by adding at the end the following
``(2) Required information.--An application for
construction authorization shall not be required to contain
information relating to any surface facility other than surface
facilities necessary for initial operation of the
repository.''.
(b) Application Procedures and Infrastructure Activities.--Section
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is
amended--
(1) in the first sentence, by striking ``The Commission
shall consider'' and inserting the following:
``(1) In general.--The Commission shall consider'';
(2) by striking the last 2 sentences; and
(3) by inserting after paragraph (1) (as designated by
paragraph (1)) the following:
``(2) Amendments to application for construction
authorization.--
``(A) In general.--If the Commission approves an
application for construction authorization and the
Secretary submits an application to amend the
authorization to obtain permission to receive and
possess spent nuclear fuel and high-level radioactive
waste, or to undertake any other action concerning the
repository, the Commission shall consider the
application using expedited, informal procedures,
including discovery procedures that minimize the burden
on the parties to produce documents that the Commission
does not need to render a decision on an action under
this section.
``(B) Final decision.--The Commission shall issue a
final decision on whether to grant permission to
receive and possess spent nuclear fuel and high-level
radioactive waste, or on any other application, by the
date that is 1 year after the date of submission of the
application, except that the Commission may extend that
deadline by not more than 180 days if, not less than 30
days before the deadline, the Commission complies with
the reporting requirements under subsection (e)(2).
``(3) Infrastructure activities.--
``(A) In general.--At any time before or after the
Commission issues a final decision on an application
from the Secretary for construction authorization under
this subsection, the Secretary may undertake
infrastructure activities that the Secretary determines
to be necessary or appropriate to support construction
or operation of a repository at the Yucca Mountain site
or transportation to the Yucca Mountain site of spent
nuclear fuel and high level radioactive waste,
including infrastructure activities such as--
``(i) safety upgrades;
``(ii) site preparation;
``(iii) the construction of a rail line to
connect the Yucca Mountain site with the
national rail network, including any facilities
to facilitate rail operations; and
``(iv) construction, upgrade, acquisition,
or operation of electrical grids or facilities,
other utilities, communication facilities,
access roads, rail lines, and non-nuclear
support facilities.
``(B) Compliance.--
``(i) In general.--The Secretary shall
comply with all applicable requirements under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to an
infrastructure activity undertaken under this
paragraph.
``(ii) EIS.--If the Secretary determines
that an environmental impact statement or
similar analysis under the National
Environmental Policy Act of 1969 is required in
connection with an infrastructure activity
undertaken under this paragraph, the Secretary
shall not be required to consider the need for
the action, alternative actions, or a no-action
alternative.
``(iii) Other agencies.--
``(I) In general.--To the extent
that a Federal agency is required to
consider the potential environmental
impact of an infrastructure activity
undertaken under this paragraph, the
Federal agency shall adopt, to the
maximum extent practicable, an
environmental impact statement or
similar analysis prepared under this
paragraph without further action.
``(II) Effect of adoption of
statement.--Adoption of an
environmental impact statement or
similar analysis described in subclause
(I) shall be considered to satisfy the
responsibilities of the adopting agency
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.),
and no further action for the activity
covered by the statement or analysis
shall be required by the agency.
``(C) Denials of authorization.--The Commission may
not deny construction authorization, permission to
receive and possess spent nuclear fuel or high-level
radioactive waste, or any other action concerning the
repository on the ground that the Secretary undertook
an infrastructure activity under this paragraph.''.
(c) Connected Actions.--Section 114(f)(6) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended--
(1) by striking ``or''; and
(2) by inserting before the period at the end the
following: ``, or an action connected or otherwise relating to
the repository, to the extent the action is undertaken outside
the geologic repository operations area and does not require a
license from the Commission''.
(d) Expedited Authorizations.--Section 120 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10140) is amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by inserting ``, or the
conduct of an infrastructure activity,'' after
``repository'';
(B) by inserting ``, State, local, or tribal''
after ``Federal'' each place it appears; and
(C) in the second sentence, by striking
``repositories'' and inserting ``a repository or
infrastructure activity'';
(2) in subsection (b), by striking ``, and may include
terms and conditions permitted by law''; and
(3) by adding at the end the following:
``(c) Failure to Grant Authorization.--An agency or officer that
fails to grant authorization by the date that is 1 year after the date
of receipt of an application or request from the Secretary subject to
subsection (a) shall submit to Congress a written report that explains
the reason for not meeting that deadline or rejecting the application
or request.
``(d) Treatment of Actions.--For the purpose of applying any
Federal, State, local, or tribal law or requirement, the taking of an
action relating to a repository or an infrastructure activity shall be
considered to be--
``(1) beneficial, and not detrimental, to the public
interest and interstate commerce; and
``(2) consistent with the public convenience and
necessity.''.
SEC. 3. REGULATORY REQUIREMENTS.
(a) Material Requirements.--Notwithstanding any other provision of
law, no Federal, State, interstate, or local requirement, either
substantive or procedural, that is referred to in section 6001(a) of
the Solid Waste Disposal Act (42 U.S.C. 6961(a)), applies to--
(1) any material owned by the Secretary, if the material is
transported or stored in a package, cask, or other container
that the Commission has certified for transportation or storage
of that type of material; or
(2) any material located at the Yucca Mountain site for
disposal, if the management and disposal of the material is
subject to a license issued by the Commission.
(b) Permits.--
(1) In general.--The Environmental Protection Agency shall
be the permitting agency for purposes of issuing,
administering, or enforcing any new or existing air quality
permit or requirement applicable to a Federal facility that is
subject to the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101 et seq.).
(2) State and local activity.--A State or unit of local
government shall not issue, administer, or enforce a new or
existing air quality permit or requirement affecting a Federal
facility or activity that is subject to the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101 et seq.).
SEC. 4. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL.
Notwithstanding any other provision of law, in deciding whether to
permit the construction or operation of a nuclear reactor or any
related facilities, the Commission shall deem, without further
consideration, that sufficient capacity will be available in a timely
manner to dispose of the spent nuclear fuel and high-level radioactive
waste resulting from the operation of the reactor and related
facilities. | Amends the Nuclear Waste Policy Act of 1982 regarding Yucca Mountain site application procedures to provide that an application for construction authorization shall not be required to contain information relating to any surface facility other than those necessary for initial operation of the repository.
Revises requirements governing Nuclear Regulatory Commission (NRC) actions on construction applications and infrastructure activities.
Includes infrastructure activities within the scope of expedited authorizations.
Declares specified federal, state, or local regulatory requirements referred to in the Solid Waste Disposal Act inapplicable to: (1) material owned by the Secretary of Energy if it is transported or stored in an NRC-certified package, cask, or other container for transportation or storage of that type of material; or (2) material located at the Yucca Mountain site for disposal, if its management and disposal is subject to an NRC license.
Prohibits a state or local governmental entity from issuing, administering, or enforcing a new or existing air quality permit or requirement affecting a federal facility or activity subject to the Nuclear Waste Policy Act of 1982.
Instructs the NRC, in deciding whether to permit the construction or operation of a nuclear reactor or any related facilities, to deem, without further consideration, that sufficient capacity will be available in a timely manner to dispose of the spent nuclear fuel and high-level radioactive waste resulting from the operation of the reactor and related facilities. | {"src": "billsum_train", "title": "A bill to enhance the management and disposal of spent nuclear fuel and high-level radioactive waste, and for other purposes."} | 2,027 | 304 | 0.628894 | 1.851989 | 1.029564 | 5.204545 | 6.973485 | 0.909091 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Court of Veterans
Appeals Act of 1998''.
(b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
TITLE I--ADMINISTRATIVE PROVISIONS RELATING TO THE COURT
SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.
Section 7254 is amended by adding at the end the following new
subsection:
``(f) The Court may prescribe rules and regulations to carry out
this chapter.''.
SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE.
Section 7296(b) is amended by adding at the end the following new
paragraph:
``(4) For purposes of calculating the years of service of an
individual under this subsection and subsection (c), only those years
of service as a judge of the Court shall be credited. In determining
the number of years of such service, that portion of the aggregate
number of years of such service that is a fractional part of one year
shall be disregarded if less than 6 months and shall be credited as a
full year if 6 months or more.''.
SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY.
Section 7296 is amended by adding at the end the following new
subsection:
``(l)(1) If a cost-of-living adjustment provided by law to be made
to the retired pay payable under this section of a retired chief judge
of the Court would (but for this subsection) result in the retired pay
of that retired chief judge being in excess of the annual rate of pay
in effect for the chief judge of the court as provided in section
7253(e)(1) of this title, such adjustment may be made only in such
amount as results in the retired pay of the retired chief judge being
the same as that annual rate of pay (as in effect on the effective date
of such adjustment).
``(2) If a cost-of-living adjustment provided by law to be made to
the retired pay payable under this section of a retired judge (other
than a retired chief judge) of the Court would (but for this
subsection) result in the retired pay of that retired judge being in
excess of the annual rate of pay in effect for judges of the court as
provided in section 7253(e)(2) of this title, such adjustment may be
made only in such amount as results in the retired pay of the retired
judge being the same as that annual rate of pay (as in effect on the
effective date of such adjustment).''.
SEC. 104. SURVIVOR ANNUITIES.
(a) Election To Participate.--Subsection (b) of section 7297 is
amended in the first sentence by inserting before the period the
following: ``or within 6 months after the date on which the judge
marries if the judge has retired under section 7296 of this title''.
(b) Reduction of Contributions of Active Judges.--(1) Subsection
(c) of such section is amended by striking out ``3.5 percent of the
judge's pay'' and inserting in lieu thereof ``2.2 percent of the
judge's salary received under section 7253(e) of this title, 3.5
percent of the judge's retired pay received under section 7296 of this
title when the judge is not serving in recall status under section 7257
of this title, and 2.2 percent of the judge's retired pay received
under such section 7296 when the judge is serving in recall status
under such section 7257''.
(2) The amendment made by paragraph (1) shall take effect on the
first day of the first pay period beginning on or after January 1,
1995.
(c) Interest Payments.--Subsection (d) of such section is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) If a judge has previously performed a period of service as a
judge, or has performed service as a judicial official (as defined
under section 376(a)(1) of title 28), a Member of Congress, or a
congressional employee, the interest required under the first sentence
of paragraph (1) shall not be required for any period--
``(A) during which a judge was separated from all such
service; and
``(B) during which the judge was not receiving retired pay
or a retirement annuity based on service as a judge or as a
judicial official.''.
(d) Service Eligibility.--(1) Subsection (f) of such section is
amended--
(A) in the matter in paragraph (1) preceding subparagraph
(A)--
(i) by striking out ``at least 5 years'' and
inserting in lieu thereof ``at least 18 months''; and
(ii) by striking out ``last 5 years'' and inserting
in lieu thereof ``last 18 months''; and
(B) by adding at the end the following new paragraph:
``(5) If a judge dies as a result of an assassination and leaves a
survivor or survivors who are entitled to receive annuity benefits
under this section, the matter in paragraph (1) preceding subparagraph
(A) shall not apply.''.
(2) Subsection (a) of such section is amended--
(A) in paragraph (2), by inserting ``who is in active
service or who has retired under section 7296 of this title''
after ``Court'';
(B) in paragraph (3), by striking ``7296(c)'' and inserting
``7296''; and
(C) by adding at the end the following new paragraph:
``(8) The term `assassination' means the killing of a judge that is
motivated by the performance by that judge of the judge's official
duties.''.
(e) Age Requirement of Surviving Spouse.--Subparagraph (A) of
subsection (f)(1) of such section is amended by striking out ``or
following the surviving spouse's attainment of the age of 50 years,
whichever is later''.
(f) COLA for Survivor Annuities.--Subsection (o) of such section is
amended to read as follows:
``(o) Each survivor annuity payable from the retirement fund shall
be increased at the same time as, and by the same percentage by which,
annuities payable from the Judicial Survivors' Annuities Fund are
increased pursuant to section 376(m) of title 28.''.
SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS.
Section 7298 is amended by adding at the end the following new
subsection:
``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b)(1)(B)), the
retirement fund shall be treated in the same manner as the Court of
Federal Claims Judges' Retirement Fund.''.
SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) In General.--Chapter 72 is amended by adding at the end the
following new section:
``Sec. 7299. Limitation on activities of retired judges
``If a retired judge of the Court (as defined in section 7257(a)(2)
of this title) in the practice of law represents (or supervises or
directs the representation of) a client in making any claim relating to
veterans' benefits against the United States or any agency thereof, the
retired judge shall forfeit all rights to retired pay under section
7296 of this title or under chapter 83 or 84 of title 5 for the period
beginning on the date on which the representation begins and ending one
year after the date on which the representation ends.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 is amended by adding at the end the following new item:
``7299. Limitation on activities of retired judges.''.
TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS
SEC. 201. STAGGERED RETIREMENT.
(a) Retirement Authorized.--One eligible judge each year shall be
eligible to retire under this section starting in the year 1999 and
ending in the year 2003.
(b) Eligible Judges.--
(1) Definition of eligible judge.--For purposes of this
section, an eligible judge is an individual who--
(A) is an associate judge of the United States
Court of Appeals for Veterans Claims who has at least
10 years of service creditable under section 7296 of
title 38, United States Code;
(B) has made an election to receive retired pay
under section 7296 of such title;
(C) has at least 20 years of service allowable
under section 7297(l) of such title;
(D) is at least 55 years of age; and
(E) has years of age, years of service creditable
under section 7296 of such title, and years of service
allowable under section 7297(l) of such title not
creditable under section 7296 of such title, that total
at least 80.
(2) Multiple eligible judges.--In the case of a year in
which more than one eligible judge provides notice in
accordance with subsection (c), the judge who is eligible to
retire in that year shall be the judge who has the greatest
seniority as a judge of the United States Court of Appeals for
Veterans Claims of the judges who provide such notice.
(c) Notice.--A judge who desires to retire under subsection (d)
shall provide the President and the chief judge of the United States
Court of Appeals for Veterans Claims with written notice to that effect
not later than April 1 of any year specified in subsection (a). Such
notice shall specify the retirement date in accordance with subsection
(d). Notice provided under this subsection shall be irrevocable.
(d) Retirement.--A judge who is eligible to retire under subsection
(a) shall retire during the fiscal year in which notice is provided
pursuant to subsection (c), but not earlier than 90 days after the date
on which such notice is provided. Such judge shall be deemed, for all
purposes, to be retiring under section 7296(b)(1) of title 38, United
States Code, except that the rate of retired pay for a judge retiring
under this section shall, on the date of such judge's separation from
service, be equal to the rate described in section 7296(c)(1) of such
title multiplied by the percentage represented by the fraction in which
the numerator is the sum of the number represented by years of service
as a judge of the United States Court of Appeals for Veterans Claims
creditable under section 7296 of such title and the age of such judge,
and the denominator is 80.
(e) Duty of Actuary.--Section 7298(e)(2) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) For purposes of subparagraph (B) of this paragraph, the term
`present value' includes a value determined by an actuary with respect
to a payment that may be made under subsection (b) from the retirement
fund within the contemplation of law.''.
SEC. 202. RECALL OF RETIRED JUDGES.
(a) In General.--Chapter 72 is further amended by inserting after
section 7256 the following new section:
``Sec. 7257. Recall of retired judges of the Court
``(a)(1) A retired judge of the Court may be recalled for further
service on the Court in accordance with this section. To be eligible to
be recalled for such service, a retired judge must provide to the chief
judge of the Court notice in writing that the retired judge is
available for such service and is willing to be recalled under this
section.
``(2) For the purposes of this section, a retired judge is a judge
of the Court of Veterans Appeals who retires from the Court under
section 7296 of this title or under chapter 83 or 84 of title 5.
``(b) The chief judge may recall a retired judge upon written
certification by the chief judge that substantial service is expected
to be performed by the retired judge for such period as determined by
the chief judge to be necessary to meet the needs of the Court. Any
such recall may only be made with the agreement in writing of the
retired judge.
``(c) A retired judge who is recalled under this section may
exercise all of the powers and duties of the office of a judge in
active service.
``(d) A retired judge who is recalled under this section shall be
paid, during the period for which the judge serves in recall status,
pay at the rate of pay in effect under section 7253(e) of this title
for a judge performing active service, less the amount the judge is
paid in retired pay under section 7296 of this title or an annuity
under the applicable provisions of chapter 83 or 84 of title 5.
``(e) Except as provided in subsection (d), a judge who is recalled
under this section who retired under the provisions of chapter 83 or 84
of title 5 shall be considered to be a reemployed annuitant under that
chapter.
``(f) Nothing in this section may be construed to affect the right
of a judge who retired under chapter 83 or 84 of title 5 to serve as a
reemployed annuitant in accordance with the provisions of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 is amended by inserting after the item relating to section
7256 the following new item:
``7257. Recall of retired judges of the Court.''.
TITLE III--RENAMING OF COURT
SEC. 301. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) In General.--The United States Court of Veterans Appeals is
hereby renamed as, and shall hereafter be known and designated as, the
United States Court of Appeals for Veterans Claims.
(b) Section 7251.--Section 7251 is amended by striking out ``United
States Court of Veterans Appeals'' and inserting in lieu thereof
``United States Court of Appeals for Veterans Claims''.
SEC. 302. CONFORMING AMENDMENTS.
(a) Conforming Amendments to Title 38.--
(1) The following sections are amended by striking out
``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255,
7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a),
7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292,
7296, 7297, and 7298.
(2)(A) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court''.
(B) The heading of section 7291 is amended to read as
follows:
``Sec. 7291. Date when Court decision becomes final''.
(C) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Retirement Fund''.
(3) The table of sections at the beginning of chapter 72 is
amended as follows:
(A) The item relating to section 7286 is amended to
read as follows:
``7286. Judicial Conference of the Court.''.
(B) The item relating to section 7291 is amended to
read as follows:
``7291. Date when Court decision becomes final.''.
(C) The item relating to section 7298 is amended to
read as follows:
``7298. Retirement Fund.''.
(4)(A) The heading of chapter 72 is amended to read as
follows:
``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.
(B) The item relating to chapter 72 in the table of
chapters at the beginning of title 38 and the item relating to
such chapter in the table of chapters at the beginning of part
V are amended to read as follows:
``72. United States Court of Appeals for Veterans Claims.......7251.''.
(b) Conforming Amendments to Other Laws.--
(1) The following provisions of law are amended by striking
out ``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans
Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
(c) Other Legal References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the United
States Court of Veterans Appeals shall be deemed to be a reference to
the United States Court of Appeals for Veterans Claims. | TABLE OF CONTENTS:
Title I: Administrative Provisions Relating
to the Court
Title II: Staggered Retirement and Recall Provisions
Title III: Renaming of Court
Court of Veterans Appeals Act of 1988 -
Title I: Administrative Provisions Relating to the Court
- Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations.
Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited.
Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge.
Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities.
Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service.
Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased.
Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits.
Title II: Staggered Retirement and Recall Provisions
- Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided.
Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court.
Title III: Renaming of Court
- Renames the Court as the United States Court of Appeals for Veterans Claims. | {"src": "billsum_train", "title": "Court of Veterans Appeals Act of 1998"} | 4,142 | 656 | 0.577527 | 1.837669 | 0.732189 | 2.567857 | 6.560714 | 0.864286 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.