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SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLI Best Practices Act of 2005''.
SEC. 2. TREATMENT OF DEATH BENEFITS FROM CORPORATE-OWNED LIFE
INSURANCE.
(a) In General.--Section 101 of the Internal Revenue Code of 1986
(relating to certain death benefits) is amended by adding at the end
the following new subsection:
``(j) Treatment of Certain Employer-Owned Life Insurance
Contracts.--
``(1) General rule.--In the case of an employer-owned life
insurance contract, the amount excluded from gross income of an
applicable policyholder by reason of paragraph (1) of
subsection (a) shall not exceed an amount equal to the sum of
the premiums and other amounts paid by the policyholder for the
contract.
``(2) Exceptions.--In the case of an employer-owned life
insurance contract with respect to which the notice and consent
requirements of paragraph (4) are met, paragraph (1) shall not
apply to any of the following:
``(A) Exceptions based on insured's status.--Any
amount received by reason of the death of an insured
who, with respect to an applicable policyholder--
``(i) was an employee at any time during
the 12-month period before the insured's death,
or
``(ii) is, at the time the contract is
issued--
``(I) a director,
``(II) a highly compensated
employee within the meaning of section
414(q) (without regard to paragraph
(1)(B)(ii) thereof), or
``(III) a highly compensated
individual within the meaning of
section 105(h)(5), except that `35
percent' shall be substituted for `25
percent' in subparagraph (C) thereof.
``(B) Exception for amounts paid to insured's
heirs.--Any amount received by reason of the death of
an insured to the extent--
``(i) the amount is paid to a member of the
family (within the meaning of section
267(c)(4)) of the insured, any individual who
is the designated beneficiary of the insured
under the contract (other than the applicable
policyholder), a trust established for the
benefit of any such member of the family or
designated beneficiary, or the estate of the
insured, or
``(ii) the amount is used to purchase an
equity (or capital or profits) interest in the
applicable policyholder from any person
described in clause (i).
``(3) Employer-owned life insurance contract.--
``(A) In general.--For purposes of this subsection,
the term `employer-owned life insurance contract' means
a life insurance contract which--
``(i) is owned by a person engaged in a
trade or business and under which such person
(or a related person described in subparagraph
(B)(ii)) is directly or indirectly a
beneficiary under the contract, and
``(ii) covers the life of an insured who is
an employee with respect to the trade or
business of the applicable policyholder on the
date the contract is issued.
For purposes of the preceding sentence, if coverage for
each insured under a master contract is treated as a
separate contract for purposes of sections 817(h),
7702, and 7702A, coverage for each such insured shall
be treated as a separate contract.
``(B) Applicable policyholder.--For purposes of
this subsection--
``(i) In general.--The term `applicable
policyholder' means, with respect to any
employer-owned life insurance contract, the
person described in subparagraph (A)(i) which
owns the contract.
``(ii) Related persons.--The term
`applicable policyholder' includes any person
which--
``(I) bears a relationship to the
person described in clause (i) which is
specified in section 267(b) or
707(b)(1), or
``(II) is engaged in trades or
businesses with such person which are
under common control (within the
meaning of subsection (a) or (b) of
section 52).
``(4) Notice and consent requirements.--The notice and
consent requirements of this paragraph are met if, before the
issuance of the contract, the employee--
``(A) is notified in writing that the applicable
policyholder intends to insure the employee's life and
the maximum face amount for which the employee could be
insured at the time the contract was issued,
``(B) provides written consent to being insured
under the contract and that such coverage may continue
after the insured terminates employment, and
``(C) is informed in writing that an applicable
policyholder will be a beneficiary of any proceeds
payable upon the death of the employee.
``(5) Definitions.--For purposes of this subsection--
``(A) Employee.--The term `employee' includes an
officer, director, and highly compensated employee
(within the meaning of section 414(q)).
``(B) Insured.--The term `insured' means, with
respect to an employer-owned life insurance contract,
an individual covered by the contract who is a United
States citizen or resident. In the case of a contract
covering the joint lives of 2 individuals, references
to an insured include both of the individuals.''.
(b) Reporting Requirements.--Subpart A of part III of subchapter A
of chapter 61 of such Code (relating to information concerning persons
subject to special provisions) is amended by inserting after section
6039H the following new section:
``SEC. 6039I. RETURNS AND RECORDS WITH RESPECT TO EMPLOYER-OWNED LIFE
INSURANCE CONTRACTS.
``(a) In General.--Every applicable policyholder owning 1 or more
employer-owned life insurance contracts issued after the date of the
enactment of this section shall file a return (at such time and in such
manner as the Secretary shall by regulations prescribe) showing for
each year such contracts are owned--
``(1) the number of employees of the applicable
policyholder at the end of the year,
``(2) the number of such employees insured under such
contracts at the end of the year,
``(3) the total amount of insurance in force at the end of
the year under such contracts,
``(4) the name, address, and taxpayer identification number
of the applicable policyholder and the type of business in
which the policyholder is engaged, and
``(5) that the applicable policyholder has a valid consent
for each insured employee (or, if all such consents are not
obtained, the number of insured employees for whom such consent
was not obtained).
``(b) Recordkeeping Requirement.--Each applicable policyholder
owning 1 or more employer-owned life insurance contracts during any
year shall keep such records as may be necessary for purposes of
determining whether the requirements of this section and section 101(j)
are met.
``(c) Definitions.--Any term used in this section which is used in
section 101(j) shall have the same meaning given such term by section
101(j).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 101(a) of such Code is amended
by striking ``and subsection (f)'' and inserting ``subsection
(f), and subsection (j)''.
(2) The table of sections for subpart A of part III of
subchapter A of chapter 61 of such Code is amended by inserting
after the item relating to section 6039H the following new
item:
``Sec. 6039I. Returns and records with respect to employer-owned life
insurance contracts.''.
(d) Effective Date.--The amendments made by this section shall
apply to life insurance contracts issued after the date of the
enactment of this Act, except for a contract issued after such date
pursuant to an exchange described in section 1035 of the Internal
Revenue Code of 1986 for a contract issued on or prior to that date.
For purposes of the preceding sentence, any material increase in the
death benefit or other material change shall cause the contract to be
treated as a new contract except that, in the case of a master contract
(within the meaning of section 264(f)(4)(E) of such Code), the addition
of covered lives shall be treated as a new contract only with respect
to such additional covered lives. | COLI Best Practices Act of 2005 - Amends the Internal Revenue Code to limit the tax exclusion for benefits paid by employer-owned life insurance contracts upon the death of an insured employee, with certain exceptions for directors and highly compensated employees and for proceeds paid to the heirs of an insured employee. Requires employers to provide written notice to employees of intent to insure their lives and obtain written consent from such employees to being insured under a company-owned life insurance contract.
Imposes certain reporting and recordkeeping requirements for employer-owned life insurance contracts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income the proceeds from certain company-owned life insurance."} | 1,900 | 122 | 0.531045 | 1.417882 | 0.560177 | 2.538462 | 16.605769 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Getting into Researching, Learning,
& Studying of STEM Act of 2014'' or the ``GIRLS-STEM Act of 2014''.
SEC. 2. GRANTS TO PREPARE FEMALES FOR THE 21ST CENTURY.
(a) In General.--Title V of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end
the following:
``PART E--PREPARING FEMALE STUDENTS FOR THE 21ST CENTURY
``SEC. 5701. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 5702, the
Secretary may provide grants to eligible local educational agencies to
enable elementary schools and secondary schools served by the agencies
to establish and implement a program to--
``(1) encourage the ongoing interest of female students in
careers requiring skills in science, mathematics, engineering,
or technology at all levels of the career pathway, including at
the technician level; and
``(2) prepare female students to pursue industry-recognized
credentials, such as certificates, licenses, undergraduate, and
graduate degrees, needed to pursue a career in the science,
mathematics, engineering, or technology field.
``(b) Grant Awards.--A grant awarded under this part shall be
awarded in 4 school year increments.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant, or
enter into a contract or cooperative agreement, under this part
an eligible local educational agency shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
``(2) Contents.--The application shall contain, at a
minimum, the following:
``(A) A program description, including the content
of the program and the research and models used to
design the program.
``(B) A description of the collaboration between
elementary schools and secondary schools to fulfill
goals of the program and how the eligible local
educational agency will ensure that there is a
comprehensive plan to improve science, mathematics,
engineering, and technology education for female
students in kindergarten through grade 12.
``(C) A description of the process for recruitment
and selection of participants.
``(D) A description of the planned instructional
and motivational activities.
``(E) A description of any collaboration among
local, regional, or national institutions and
organizations that will be necessary to fulfill the
goals of the program.
``(3) Consideration.--In selecting an eligible local
educational agency to receive a grant under this part, the
Secretary shall consider the application of each eligible local
educational agency that demonstrates that the agency will use
the grant funds to carry out the activities described in
subsection (d).
``(d) Use of Funds.--An eligible local educational agency shall use
a grant received under this section to carry out the following:
``(1) Acquainting female students with careers requiring
skills in science, mathematics, engineering, and technology,
and preparing such students for pursuing careers in such areas,
including careers in such areas at the technician level.
``(2) Educating the parents of female students about the
opportunities and advantages of science, mathematics,
engineering, and technology careers.
``(3) Providing tutoring and mentoring programs for female
students in science, mathematics, engineering, and technology.
``(4) Establishing partnerships and other opportunities
that expose female students to role models, events, academic
programs, or career and technical education programs in the
fields of science, mathematics, engineering, and technology.
``(5) Providing after-school activities designed to
encourage interest, and develop skills of female students, in
science, mathematics, engineering, and technology.
``(6) Carrying out summer programs designed to assist
female students in--
``(A) developing an interest and skills in; and
``(B) understanding the relevance and significance
of, science, mathematics, engineering, and technology.
``(7) Purchasing educational instructional materials,
equipment, and instrumentation or software designed to teach
and encourage interest of female students in science,
mathematics, engineering, and technology.
``(8) Providing academic and career counseling services and
assistance in secondary school course selection that encourages
female students to take courses that provide preparation for
postsecondary education, and experiential learning
opportunities (such as apprenticeships, mentorships,
internships), in the areas of science, technology, engineering,
and mathematics.
``(9) Facilitating internships in science, mathematics,
engineering, or technology for female students.
``(10) Providing professional development for teachers and
other school personnel that includes--
``(A) topics on how to eliminate gender bias in the
classroom;
``(B) topics on how to engage students in the face
of gender-based peer pressure and parental
expectations; and
``(C) increased instructional strategies and
content knowledge of science, mathematics, engineering,
and technology.
``(e) Supplement, Not Supplant.--The Secretary shall require each
eligible local educational agency receiving a grant under this part to
supplement, and not to supplant, any other assistance or funds made
available from non-Federal sources for the activities assisted under
this part.
``(f) Evaluations.--Each eligible local educational agency that
receives a grant under this part shall provide the Secretary, at the
conclusion of every school year during which the funds are received,
with an evaluation assessing the improvements made in the areas
described in subsection (a), in a form prescribed by the Secretary.
``(g) Eligible Local Educational Agency Defined.--For purposes of
this part, the term `eligible local educational agency' means a local
educational agency that serves underrepresented or low-income students.
``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for fiscal year 2015 through 2019.''.
(b) Conforming Amendment.--The table of contents for such Act (20
U.S.C. 6301 et seq.) is amended by adding at the end of the items
relating to title V the following:
``Part E--Preparing Females for the 21st Century
``Sec. 5701. Program authority.
``Sec. 5702. Authorization of appropriations.''. | Getting into Researching, Learning, & Studying of STEM Act of 2014 or the GIRLS-STEM Act of 2014 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies that serve underrepresented or low-income students to enable their elementary and secondary schools to establish and implement programs that: encourage the ongoing interest of female students in careers requiring science, technology, engineering, or mathematics (STEM) skills at all levels of the career pathway; and prepare female students to pursue the industry-recognized credentials needed to pursue a STEM career. Requires the grants to be awarded in four-school-year increments. Requires the grants to be used to: acquaint female students with, and prepare them to pursue, STEM careers; educate the parents of such students about the opportunities and advantages of STEM careers; provide female students with STEM tutoring, mentoring, after-school activities, and summer programs; expose female students to STEM role models, events, academic programs, or career and technical education programs; purchase education materials, equipment, or software that facilitate STEM instruction; assist female students in selecting secondary school courses that provide them with preparation for postsecondary education and experiential learning opportunities in STEM; facilitate STEM internships for such students; and provide teachers with training that enables them to more effectively teach STEM and overcome gender biases that discourage female students' advancement in those fields. | {"src": "billsum_train", "title": "GIRLS-STEM Act of 2014"} | 1,399 | 311 | 0.636025 | 1.877674 | 0.907245 | 2.835714 | 4.767857 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Precursor Control
Act of 2005''.
SEC. 2. RESTRICTIONS ON IMPORTATION.
(a) In General.--Section 1002(a) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,''; and
(2) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine,'' after ``coca
leaves''.
(b) Information on Foreign Chain of Distribution; Import
Restrictions Regarding Failure of Distributors to Cooperate.--Section
1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971)
is amended by adding at the end the following subsection:
``(f)(1) With respect to a registered person importing ephedrine,
pseudoephedrine, or phenylpropanolamine (referred to in this section as
an `importer'), a notice of importation under subsection (a) or (b)
shall include all information known to the importer on the chain of
distribution of such chemical from the manufacturer to the importer.
``(2) For the purpose of preventing or responding to the diversion
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the
illicit production of methamphetamine, the Attorney General may, in the
case of any person who is a manufacturer or distributor of such
chemical in the chain of distribution referred to in paragraph (1)
(referred to in this subsection as a `foreign-chain distributor'),
request that such distributor provide to the Attorney General
information known to the distributor on the distribution of the
chemical, including sales.
``(3) If the Attorney General determines that a foreign-chain
distributor is refusing to cooperate with the Attorney General in
obtaining the information referred to in paragraph (2), the Attorney
General may, in accordance with procedures that apply under subsection
(c), issue an order prohibiting the importation of ephedrine,
pseudoephedrine, or phenylpropanolamine in any case in which such
distributor is part of the chain of distribution for such chemical. Not
later than 60 days prior to issuing the order, the Attorney General
shall publish in the Federal Register a notice of intent to issue the
order. During such 60-day period, imports of the chemical with respect
to such distributor may not be restricted under this paragraph.''.
SEC. 3. METHWATCH PROGRAM; INFORMATION FOR PERSONS SELLING AT RETAIL.
(a) In General.--The Attorney General, acting through the
Administrator of the Drug Enforcement Administration and in
consultation with the States, shall carry out a program to provide
information to retailers regarding the purchase of precursor products
by individuals who may intend to use the products in the illicit
production of methamphetamine.
(b) Certain Requirements.--The activities of the Attorney General
in carrying out the program under subsection (a) shall include the
following:
(1) Providing information to retailers on preventing the
sale of precursor products to individuals referred to in such
subsection and on preventing the theft of the products by such
individuals.
(2) Establishing a system through which retailers can
report suspicious purchases of precursor products and obtain
appropriate technical assistance. The system shall use an
Internet site (or portion thereof), or toll-free telephone
communications, or both, as determined appropriate by the
Attorney General.
(3) Encouraging retailers to place precursor products such
that customers do not have direct access to the products
(commonly known as behind the counter).
(c) Designation of Program.--The program under subsection (a) shall
be designated by the Attorney General as the MethWatch program.
(d) Definitions.--For purposes of this section:
(1) The term ``retailers'' means persons whose
registrations pursuant to section 303(h) of the Controlled
Substances Act authorize sales of ephedrine, pseudoephedrine,
or phenylpropanolamine at retail.
(2) The term ``precursor products'' means products
containing ephedrine, pseudoephedrine, or phenylpropanolamine.
SEC. 4. REVOCATION OF REGISTRATION.
(a) Controlled Substances Act.--
(1) Number of notices regarding violations.--Section 304 of
the Controlled Substances Act (21 U.S.C. 824) is amended by
adding at the end the following subsection:
``(h) In the case of a person whose registration pursuant to
section 303(h) includes authority regarding ephedrine, pseudoephedrine,
or phenylpropanolamine, if such person has received four written
notifications from the Attorney General that the Attorney General
considers the person to be in violation of this Act with respect to
such a chemical, each of which notices involves a separate violation,
the Attorney General shall in accordance with procedures under this
section commence proceedings to revoke such authority of the person.''.
(2) Standard regarding convictions.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(A) in section 303(f)(3), by striking ``laws
relating to'' and all that follows and inserting
``laws.''; and
(B) in section 304(a)(2), by striking ``or of any
State, relating to'' and all that follows and inserting
``or of any State;''.
(b) Controlled Substances Import and Export Act; Number of Notices
Regarding Violations.--Section 1008(c)(2) of the Controlled Substances
Act (21 U.S.C. 824(c)(2)) is amended by adding at the end the following
subparagraph:
``(C) In the case of a person whose registration pursuant to
subparagraph (A) includes authority regarding the importation of
ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has
received four written notifications from the Attorney General that the
Attorney General considers the person to be in violation of this Act
with respect to such a chemical, each of which notices involves a
separate violation, the Attorney General shall in accordance with
procedures under this section commence proceedings to revoke such
authority of the person.''.
SEC. 5. RESTRICTIONS ON SALES OF EPHEDRINE AND PSEUDOEPHEDRINE.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 303, by adding at the end the following
subsection:
``(i) A registration under subsection (h) that includes authority
for the sale of ephedrine or pseudoephedrine at retail shall provide
that the registration does not permit such a sale in which a quantity
of such chemical in excess of 9.0 grams is sold in a single
transaction.''; and
(2) in section 402(a)--
(A) in paragraph (10), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (11), by striking the period at
the end and inserting a ``; or'' and
(C) by adding at the end the following paragraph:
``(12) who is a registrant with a registration referred to
in section 303(i)--
``(A) to sell ephedrine or pseudoephedrine at
retail in a single transaction in a quantity not
authorized by the registration; or
``(B) to sell pseudoephedrine at retail in
circumstances in which such chemical is mailed or
shipped directly to the purchaser rather than the
purchaser taking possession of the chemical through a
face-to-face transaction with the registrant.''.
SEC. 6. RESTRICTIONS ON POSSESSION OF PSEUDOEPHEDRINE.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by inserting after the second sentence the following: ``It
shall be unlawful for any person knowingly or intentionally to possess
pseudoephedrine in a quantity exceeding 24.0 grams unless such person
has been issued a registration pursuant to section 303(h) that includes
authority regarding such chemical or unless the chemical is possessed
by the person for a legitimate medical purpose.''
SEC. 7. ADDITIONAL FUNDING FOR RESEARCH ON MEDICAL ALTERNATIVES TO
PSEUDOEPHEDRINE.
For the purpose of conducting and supporting research through the
National Institutes of Health toward developing one or more drugs to
serve as medical alternatives to the use of pseudoephedrine, there are
authorized to be appropriated such sums as may be necessary for fiscal
year 2006 and subsequent fiscal years. Such authorization is in
addition to other authorizations of appropriations that are available
for such purpose.
SEC. 8. REPORTS.
(a) Annual Report.--The Attorney General, acting through the
Administrator of the Drug Enforcement Administration, shall annually
submit to the Congress a report on the progress being made toward the
goal of preventing precursor products (as defined in section 3) from
being used in the illicit production of methamphetamine. Each such
report may include any recommendations of the Attorney General for
modifications to legislative or administrative authorities regarding
such products.
(b) Additional Reports.--Not later than one year after the date of
the enactment of this Act, the Attorney General, acting through the
Administrator of the Drug Enforcement Administration, shall submit to
the Congress a report providing the following:
(1) An evaluation of the effectiveness of programs of the
States to prevent precursor products from being used in the
illicit production of methamphetamine, including the program
carried out by the State of Oregon to maintain a data base of
transactions in such products.
(2) An evaluation of whether Federal programs similar to
any of such State programs should be established.
(3) With respect to foreign countries in which significant
amounts of precursor products are manufactured, an evaluation
of whether such countries have appropriate statutes and
regulations to prevent the products from being so used. | Methamphetamine Precursor Control Act of 2005 - Amends the Controlled Substances Import and Export Act to place limitations on the importation of ephedrine, pseudoephedrine, or phenylpropanolamine. Authorizes the Attorney General to: (1) request a distributor of a chemical in the chain of distribution to provide information on such distribution, including sales; and (2) issue an order, upon determining that a foreign-chain distributor is refusing to cooperate, prohibiting the importation of such substances.
Directs the Attorney General, acting through the Administrator of the Drug Enforcement Administration, to carry out a MethWatch program to provide information to retailers regarding the purchase of precursor products by individuals who may intend to use them in illicit methamphetamine production.
Amends the Controlled Substances Act to require the Attorney General to revoke the authority of a person whose registration includes authority regarding ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has received four written notifications that the Attorney General considers the person to be in violation of the Act.
Requires a registration that includes authority for the sale of ephedrine or pseudoephedrine at retail to provide that the registration does not permit such a sale in which more than nine grams is sold in a single transaction. Prohibits knowingly or intentionally possessing more than 24 grams of pseudoephedrine unless specified conditions apply, such as the chemical is possessed for a legitimate medical purpose.
Authorizes additional funding to support research through the National Institutes of Health toward developing drug alternatives to pseudoephedrine. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act with respect to the distribution of pseudoephedrine, and for other purposes."} | 2,417 | 384 | 0.652239 | 1.975326 | 0.802817 | 4.445255 | 7.175182 | 0.934307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Bonuses for Terrorists Act''.
SEC. 2. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN AUTHORITY AND THE
PALESTINE LIBERATION ORGANIZATION.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended by adding at the end the following new
section:
``SEC. 620N. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN AUTHORITY AND
THE PALESTINE LIBERATION ORGANIZATION.
``(a) Limitations.--
``(1) Palestinian authority.--In addition to the limitation
on assistance to the Palestinian Authority described in
sections 620K and 620L, assistance may be provided under this
Act to the Palestinian Authority only during a period for which
a certification described in subsection (b) is in effect.
``(2) Palestine liberation organization.--Assistance may be
provided under this Act to the Palestine Liberation
Organization only during a period for which a certification
described in subsection (b) is in effect.
``(b) Certification.--A certification described in paragraphs (1)
and (2) of subsection (a) is a certification submitted by the Secretary
of State to Congress that contains a determination of the Secretary
that the Palestinian Authority, including any ministry, agency, or
instrumentality or any official acting on behalf of any such ministry,
agency, or instrumentality, and the Palestine Liberation Organization,
as the case may be, has ceased the payment of any bonuses, financial
compensation, or any other benefit not generally or otherwise available
to the Palestinian population at large to the families of Palestinians
killed in connection with--
``(1) conspiring to commit an act of terrorism; or
``(2) the commission of an act of terrorism.
``(c) Recertifications.--Not later than 90 days after the date on
which the Secretary of State submits to Congress an initial
certification under subsection (b) and every six months thereafter--
``(1) the Secretary shall submit to Congress a
recertification that the conditions described in subsection (b)
are continuing to be met; or
``(2) if the Secretary is unable to make such a
recertification, the Secretary shall submit to Congress a
report that contains the reasons therefor.
``(d) Congressional Notification.--Assistance made available under
this Act to the Palestinian Authority or the Palestine Liberation
Organization may not be provided until 15 days after the date on which
the Secretary of State has provided notice thereof to the appropriate
congressional committees in accordance with the procedures applicable
to reprogramming notifications under section 634A(a).
``(e) Availability of Funds for Iron Dome.--If the Secretary of
State is unable to submit a certification to Congress under subsection
(b) or a recertification under subsection (c), funds made available
under this Act for assistance to the Palestinian Authority and the
Palestine Liberation Organization that otherwise would have been
provided to the Palestinian Authority and the Palestine Liberation
Organization shall, notwithstanding any other provision of law, be
transferred and made available to the Secretary of Defense to provide
assistance to the Government of Israel for the procurement of the Iron
Dome defense system to counter short-range rocket threats.
``(f) Annual Reports.--The Secretary of State shall annually submit
to the appropriate congressional committees a report on the amount of
any bonuses, financial compensation, or any other benefit described in
subsection (b) that have been disbursed by the Palestinian Authority,
including by any ministry, agency, or instrumentality or any official
acting on behalf of any such ministry, agency, or instrumentality, and
the Palestine Liberation Organization in the preceding 12-month period.
``(g) Definitions.--In this section:
``(1) Act of terrorism.--The term `act of terrorism' means
an act dangerous to human life that would violate the criminal
laws of the United States if committed within the jurisdiction
of the United States that appears to be intended to--
``(A) intimidate or coerce a civilian population;
``(B) influence the policy of a government by
intimidation or coercion;
``(C) affect the conduct of a government by mass
destruction, assassination, or kidnapping; or
``(D) impair Israel's existence as a Jewish,
democratic state within its current territorial
boundaries.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
``(3) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(4) Palestinian authority.--The term `Palestinian
Authority' means the interim Palestinian administrative
organization that governs part of the West Bank and all of the
Gaza Strip (or any successor Palestinian governing entity),
including the Palestinian Legislative Council.''. | No Bonuses for Terrorists Act This bill amends the Foreign Assistance Act of 1961 to prohibit the provision of assistance to the Palestinian Authority (PA) and the Palestinian Liberation Organization (PLO) until the Department of State has certified that the PA and the PLO have ceased paying financial compensation or any other benefit not generally available to the Palestinian population at large to the families of Palestinians killed in connection with an act of terrorism. Recertification is required every six months. If the State Department is unable to make such a certification: (1) it shall report to Congress why it is unable to do so, and (2) funds that otherwise would have been provided to the PA and the PLO shall be transferred and made available to the Department of Defense for assistance to Israel for procurement of the Iron Dome defense system. The State Department shall annually report on the amount of bonuses, financial compensation, or other benefits that have been disbursed by the PA and the PLO in the preceding 12 months. | {"src": "billsum_train", "title": "No Bonuses for Terrorists Act"} | 1,204 | 211 | 0.657378 | 1.946111 | 0.852345 | 3.308901 | 5.502618 | 0.86911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry National Historic
Site Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
United States steel industry;
(2) a very large proportion of the buildings and other
structures in the Commonwealth are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot Metal
Bridge; and
(3) despite substantial efforts by the Commonwealth, as
well as individuals and public and private entities in the
Commonwealth, to preserve and interpret these significant
historical and cultural buildings and structures, such
buildings and structures may be lost without the assistance of
the Federal Government.
(b) Purposes.--The purposes of this Act are to provide for the
preservation, interpretation, visitor enjoyment, and maintenance of the
nationally significant historical and cultural sites and structures
described in subsection (a) for the benefit and inspiration of present
and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Pennsylvania.
(2) Historic site.--The term ``historic site'' means the
Steel Industry National Historic Site established by section 4.
(3) Plan.--The term ``plan'' means the management plan for
the historic site required under section 7.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC SITE.
(a) Establishment.--There is established as a unit of the National
Park System the Steel Industry National Historic Site in the
Commonwealth.
(b) Components.--The historic site shall consist of land and
interests in land relating to the former United States Steel Homestead
Works, including--
(1) the Battle of Homestead site in the borough of Munhall,
Pennsylvania, consisting of approximately 3 acres of land,
including the pumphouse and water tower and related structures,
within the property bounded by the Monongahela River, the CSX
railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel
Mill;
(2) the Carrie Furnace complex in the boroughs of Swissvale
and Rankin, Pennsylvania, consisting of approximately 35 acres
of land, including blast furnaces 6 and 7, the ore yard, the
cast house, the blowing engine house, the AC power house, and
related structures, within the property bounded by the proposed
southwesterly right-of-way line needed to accommodate the Mon/
Fayette Expressway and the relocated CSX railroad right-of-way,
the Monongahela River, and a property line drawn northeast to
southwest approximately 100 yards east of the AC power house;
(3) the Hot Metal Bridge, consisting of the Union railroad
bridge and its approaches, spanning the Monongahela River and
connecting the mill sites in the boroughs of Rankin and
Munhall; and
(4) all other property included in the historic site--
(A) by Federal law; or
(B) acquired by the Secretary for inclusion in the
historic site under section 5 or other Federal law.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Real Property.--To further the purposes of this Act, the
Secretary may acquire for inclusion in the historic site--
(1) land and interests in land described in paragraphs (1),
(2), or (3) of section 4(b); and
(2) not more than 10 acres of land adjacent to, or in the
general vicinity of, the property described in paragraphs (1),
(2), or (3) of section 4(b), for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
(b) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, the interpretation of the
historic site.
(c) Means.--An acquisition of real property or personal property
shall be made by donation.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and the provisions of law generally
applicable to units of the National Park System, including--
(1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and
(2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution to further the purposes of
the historic site.
(2) Reimbursement.--A payment made by the Secretary under
the terms of a cooperative agreement entered into under this
subsection shall be subject to an agreement that if at any time
the project assisted is converted, used, or disposed of in a
manner that is contrary to the purposes of this Act, as
determined by the Secretary, the interested entity or
individual shall reimburse the Secretary for the greater of--
(A) the amount of assistance provided for the
project; or
(B) the portion of the increased value of the
project that is attributable to that assistance,
determined as of the date of the conversion, use, or
disposal.
(c) Technical Assistance.--The Secretary may provide to any person
technical assistance for--
(1) preserving historic structures of the historic site;
(2) maintaining the natural and cultural landscape of the
historic site; and
(3) local preservation planning for the historic site.
SEC. 7. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date of
enactment of this Act, the Secretary shall--
(1) prepare a plan for the historic site; and
(2) submit the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
(b) Consultation With Local Officials.--In preparing the plan under
subsection (a)(1), the Secretary shall consult with--
(1) a representative of each political subdivision of the
Commonwealth that has jurisdiction over all or a portion of the
historic site; and
(2) a representative of the Steel Industry Heritage
Corporation. | Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System.
Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site.
Requires the Secretary to prepare and submit to specified congressional committees a management plan for the Site. | {"src": "billsum_train", "title": "A bill to establish the Steel Industry National Historic Site in the Commonwealth of Pennsylvania."} | 1,375 | 73 | 0.569416 | 1.456033 | 0.623109 | 2.857143 | 20.444444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intermodal Safe Container
Transportation Act Amendments of 1996''.
SEC. 2. REFERENCES TO TITLE 49.
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 49, United States
Code.
SEC. 3. DEFINITIONS.
Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) `gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.
SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.
Section 5902 is amended to read as follows:
``Sec. 5902. Notifications and certifications
``(a) Prior Notification.--
``(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
``(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
``(b) Certification.--
``(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
``(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
``(A) The actual gross cargo weight.
``(B) A reasonable description of the contents of
the container or trailer.
``(C) The identity of the certifying party.
``(D) The container or trailer number.
``(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
``(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
``(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
``(5) Use of `freight all kinds' term.--The term `Freight
All Kinds' or `FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
``(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked `INTERMODAL CERTIFICATION'.
``(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
``(c) Forwarding Certifications to Subsequent Carriers.--
``(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
``(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
``(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
``(4) Liability.--
``(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
``(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
``(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
``(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
``(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
``(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
``(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
``(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
``(d) Liability to Owner or Beneficial Owner.--If--
``(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
``(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
``(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
``(e) Nonapplicability.--
``(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
``(A) performs the highway portion of the
intermodal movement; or
``(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
``(2) Intermodal transportation of loaded containers.--
``(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
``(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.
SEC. 5. PROHIBITIONS.
(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting ``, to whom section 5902(b) applies,'' after ``A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
``(b) Transporting Prior To Receiving Certification.--
``(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
``(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
``10,000 pounds (including packing materials and pallets)'' and
inserting ``29,000 pounds''.
SEC. 6. LIENS.
(a) General Rule.--Section 5905(a) is amended to read as follows:
``(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
``(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
``(2) the failure of the party required to provide the
certification to the first carrier to provide it,
``(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
``(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ``the first carrier'' the following:
``or the owner or beneficial owner of the contents''; and
(2) by striking ``cost, or interest.'' and inserting ``cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.
SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.
Section 5906 is amended by striking ``Sections 5904(a)(2) and 5905
of this title do'' and insert ``Section 5905 does''.
SEC. 8. EFFECTIVE DATE.
Section 5907 is amended to read as follows:
``Sec. 5907. Effective date
``This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.
SEC. 9. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
``Sec. 5908. Relationship to other laws
``Nothing in this chapter affects--
``(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
``(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:
``5907. Effective date.
``5908. Relationship to other laws.''.
Passed the House of Representatives September 18, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document. | {"src": "billsum_train", "title": "Intermodal Safe Container Transportation Act Amendments of 1996"} | 3,181 | 514 | 0.650631 | 1.998685 | 0.723341 | 3.564045 | 6.566292 | 0.903371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Sesquicentennial
Commission Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The American Civil War was a defining experience in the
development of the United States.
(2) The people of the United States continue to struggle
with issues of race, civil rights, the politics of federalism,
and heritage which are legacies of the Civil War and
Reconstruction.
(3) There is a resurgence of interest in the Civil War,
that is evidenced by the multitude of publications, exhibits,
reenactments, research organizations, Internet and multimedia
resources, historic parks, and preservation associations
focused on the Civil War.
(4) The years 2011 through 2015 mark the sesquicentennial
of the Civil War.
(5) The sesquicentennial of the Civil War presents a
significant opportunity for Americans to recall and reflect
upon the Civil War and its legacy in a spirit of reconciliation
and reflection.
(6) The United States Civil War Center at Louisiana State
University, Louisiana and the Civil War Institute at Gettysburg
College, Pennsylvania have been designated by the Federal
government to plan and facilitate the commemoration of the
sesquicentennial of the Civil War.
(b) Purpose.--The purpose of this Act is to establish a Civil War
Sesquicentennial Commemoration Commission to--
(1) ensure a suitable national observance of the
sesquicentennial of the Civil War;
(2) cooperate with and assist States and national
organizations with programs and activities for the observance
of the sesquicentennial of the Civil War;
(3) assist in ensuring that any observance of the
sesquicentennial of the Civil War is inclusive and
appropriately recognizes the experiences and points of view of
all people affected by the Civil War; and
(4) provide assistance for the development of programs,
projects, and activities on the Civil War that have lasting
educational value.
SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.
There is established a commission to be known as the Civil War
Sesquicentennial Commemoration Commission (hereafter in this Act
referred to as the ``Commission'').
SEC. 4. COMPOSITION OF THE COMMISSION.
(a) In General.--The Commission shall be composed of 26 members as
follows:
(1) Government members.--The Commission shall include--
(A) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives;
(B) 2 Members of the Senate appointed by the
President pro tempore of the Senate, in consultation
with the Majority Leader and the Minority Leader of the
Senate;
(C) the Secretary of the Smithsonian Institution,
or the designee of the Secretary;
(D) the Secretary of the Department of Education,
or the designee of the Secretary;
(E) the Chairman of the National Endowment for the
Humanities, or the designee of the Chairman;
(F) the Archivist of the United States, or the
designee of the Archivist;
(G) the Librarian of Congress, or the designee of
the Librarian; and
(H) the Director of the National Park Service, or
the designee of the Director.
(2) Private members.--The Commission shall include--
(A) an individual appointed by the President after
consultation with the Director of the United States
Civil War Center at Louisiana State University,
Louisiana;
(B) an individual appointed by the President after
consultation with the Director of the Civil War
Institute at Gettysburg College, Pennsylvania;
(C) 5 members appointed by the President from among
individuals who are representatives of the corporate
community; and
(D) 9 individuals, appointed by the President, from
among persons who by reason of education, training, and
experience, are experts on the Antebellum, Civil War,
and Reconstruction eras, including--
(i) 6 individuals with expertise in
history;
(ii) 1 individual with specific expertise
in art history, historic preservation, or a
related field;
(iii) 1 individual with expertise in
anthropology, cultural geography, sociology, or
a related field; and
(iv) 1 individual with expertise in
political science, law, economics, or a related
field.
(b) Terms.--Members shall be appointed for the life of the
Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment.
(d) Initial Appointments.--The appointment of the members of the
Commission shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
members appointed under subparagraphs (A) and (B) of section
4(a)(2) shall call the first meeting of the Commission.
(2) Subsequent meetings.--The Commission shall hold
subsequent meetings at the call of the chairperson.
(b) Chairperson and Vice Chairperson.--At the initial meeting, the
Commission shall elect a Chairperson and Vice Chairperson from among
its voting members.
(c) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the voting members of the
Commission.
(2) Nonvoting members.--The individuals appointed under
subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting
members, and shall serve only in an advisory capacity.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Activities Related to the Sesquicentennial.--The Commission
shall--
(1) plan, develop, and carry out programs and activities
appropriate to commemorate the sesquicentennial of the Civil
War;
(2) encourage interdisciplinary examination of the Civil
War;
(3) facilitate Civil War-related activities throughout the
United States;
(4) encourage civic, historical, educational, economic, and
other organizations throughout the United States to organize
and participate in activities to expand the understanding and
appreciation of the significance of the Civil War;
(5) coordinate and facilitate the public distribution of
scholarly research, publications, and interpretations of the
Civil War;
(6) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration of the
sesquicentennial of the Civil War;
(7) develop programs and facilities to ensure that the
sesquicentennial commemoration of the Civil War results in a
positive legacy and long-term public benefit;
(8) administer the grant program under section 7; and
(9) encourage the development and conduct of programs
designed to involve the international community in activities
that commemorate the Civil War.
(b) Plans and Report.--
(1) Plans.--The Commission shall prepare a strategic plan
in accordance with section 306 of title 5, United States Code,
and the annual plan and report required by sections 1115 and
1116, respectively, of title 31, United States Code.
(2) Report.--Not later than December 30, 2015, the
Commission shall submit to Congress a final report that
contains--
(A) a summary of activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission; and
(C) the findings and recommendations of the
Commission.
SEC. 7. GRANT PROGRAM.
(a) Grants Authorized.--The Commission shall award a grant in each
of the fiscal years 2003 through 2015 to each of the following:
(1) The United States Civil War Center at Louisiana State
University, Louisiana.
(2) The Civil War Institute at Gettysburg College,
Pennsylvania.
(b) Limitations.--The amount of any grant under subsection (a) in
any fiscal year may not exceed $100,000, nor may the amount of such
grant be less than $80,000.
(c) Use of Funds.--Amounts awarded under subsection (a) shall be
used for appropriate activities relating to the sesquicentennial of the
Civil War.
SEC. 8. POWERS OF THE COMMISSION.
(a) In General.--The Commission may--
(1) solicit, accept, use, and dispose of gifts or donations
of services or property, and acknowledge publicly the sources
of such gifts and donations;
(2) appoint any advisory committee as the Commission
considers appropriate for the purposes of this Act;
(3) authorize any voting member or employee of the
Commission to take any action that the Commission is authorized
to take under this Act; and
(4) procure supplies and services to carry out this Act.
(b) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 9. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission, and
members of any advisory committee appointed under section 8(a)(2),
shall serve without compensation.
(b) Travel Expenses.--Members of the Commission, and members of any
advisory committees appointed under section 8(a)(2), shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to civil service laws and regulations, appoint
and terminate an executive director and other additional
personnel as may be necessary to enable the Commission to
perform its duties.
(2) Confirmation of the executive director.--The employment
of an executive director shall be subject to confirmation by
the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
any detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at daily
rates for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
SEC. 10. TERMINATION.
The Commission shall terminate on the date that is 90 days after
the date on which the Commission submits its report under section
6(b)(2).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $500,000 for each of the fiscal years 2003 through 2015.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended. Any unexpended
balance of appropriations available pursuant to the authorization of
appropriations in subsection (a) as of December 30, 2015 are canceled
effective December 30 2020. | Civil War Sesquicentennial Commission Act of 2002 - Establishes a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War.Requires the Commission to award a grant in each of FY 2003 through 2015 to: (1) the U.S. Civil War Center at Louisiana State University, Louisiana; and (2) the Civil War Institute at Gettysburg College, Pennsylvania. | {"src": "billsum_train", "title": "A bill to establish a commission to commemorate the sesquicentennial of the American Civil War, and for other purposes."} | 2,487 | 105 | 0.680141 | 1.76948 | 0.965175 | 5.65 | 28.275 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ponce de Leon Discovery of Florida
Quincentennial Commission Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on the Quincentennial of the discovery of Florida by
Ponce de Leon established under section 3(a).
(2) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(3) Quincentennial.--The term ``Quincentennial'' means the
500th anniversary of the discovery of Florida by Ponce de Leon.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on the Quincentennial of the discovery of
Florida by Ponce de Leon''.
(b) Duties.--The Commission shall plan, encourage, coordinate, and
conduct the commemoration of the Quincentennial.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, including--
(A) 2 members, to be appointed by the President, on
the recommendation of the Majority Leader and the
Minority Leader of the Senate;
(B) 2 members, to be appointed by the President, on
the recommendation of the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives; and
(C) 4 members, to be appointed by the President,
taking into consideration the recommendations of the
Governor, the Director of the National Park Service,
and the Secretary of the Smithsonian Institution.
(2) Criteria.--A member of the Commission shall be chosen
from among individuals that have demonstrated a strong sense of
public service, expertise in the appropriate professions,
scholarship, and abilities likely to contribute to the
fulfillment of the duties of the Commission.
(3) Date of appointments.--Not later than 60 days after the
date of enactment of this Act, the members of the Commission
described in paragraph (1) shall be appointed.
(d) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancy.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(f) Meetings.--The Commission shall meet annually at the call of
the co-chairpersons described under subsection (h).
(g) Quorum.--A quorum of the Commission for decision making
purposes shall be 5 members, except that a lesser number of members, as
determined by the Commission, may conduct meetings.
(h) Co-chairpersons.--The President shall designate 2 of the
members of the Commission as co-chairpersons of the Commission.
SEC. 4. DUTIES.
(a) In General.--The Commission shall--
(1) plan and develop activities appropriate to commemorate
the Quincentennial including a limited number of proposed
projects to be undertaken by the appropriate Federal
departments and agencies that commemorate the Quincentennial by
seeking to harmonize and balance the important goals of
ceremony and celebration with the equally important goals of
scholarship and education;
(2) consult with and encourage appropriate Federal
departments and agencies, State and local governments, Indian
tribal governments, elementary and secondary schools, colleges
and universities, foreign governments, and private
organizations to organize and participate in Quincentennial
activities commemorating or examining--
(A) the history of Florida;
(B) the discovery of Florida;
(C) the life of Ponce de Leon;
(D) the myths surrounding Ponce de Leon's search
for gold and for the ``fountain of youth'';
(E) the exploration of Florida; and
(F) the beginnings of the colonization of North
America; and
(3) coordinate activities throughout the United States and
internationally that relate to the history and influence of the
discovery of Florida.
(b) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
President and the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives a comprehensive report that includes specific
recommendations for--
(A) the allocation of financial and administrative
responsibility among participating entities and persons
with respect to commemoration of the Quincentennial;
and
(B) the commemoration of the Quincentennial and
related events through programs and activities,
including--
(i) the production, publication, and
distribution of books, pamphlets, films,
electronic publications, and other educational
materials focusing on the history and impact of
the discovery of Florida on the United States
and the world;
(ii) bibliographical and documentary
projects, publications, and electronic
resources;
(iii) conferences, convocations, lectures,
seminars, and other programs;
(iv) the development of programs by and for
libraries, museums, parks and historic sites,
including international and national traveling
exhibitions;
(v) ceremonies and celebrations
commemorating specific events;
(vi) the production, distribution, and
performance of artistic works, and of programs
and activities, focusing on the national and
international significance of the discovery of
Florida; and
(vii) the issuance of commemorative coins,
medals, certificates of recognition, and
stamps.
(2) Annual report.--The Commission shall submit an annual
report that describes the activities, programs, expenditures,
and donations of or received by the Commission to--
(A) the President; and
(B) the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the
House of Representatives.
(3) Final report.--Not later than December 31, 2013, the
Commission shall submit a final report that describes the
activities, programs, expenditures, and donations of or
received by the Commission to--
(A) the President; and
(B) the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the
House of Representatives.
(c) Assistance.--In carrying out this Act, the Commission shall
consult, cooperate with, and seek advice and assistance from
appropriate Federal departments and agencies, including the Department
of the Interior.
(d) Coordination of Activities.--In carrying out the duties of the
Commission, the Commission, in consultation with the Secretary of
State, may coordinate with the Government of Spain and political
subdivisions in Spain for the purposes of exchanging information and
research and otherwise involving the Government of Spain, as
appropriate, in the commemoration of the Quincentennial.
SEC. 5. POWERS OF THE COMMISSION.
(a) In General.--The Commission may provide for--
(1) the preparation, distribution, dissemination,
exhibition, and sale of historical, commemorative, and
informational materials and objects that will contribute to
public awareness of, and interest in, the Quincentennial,
except that any commemorative coin, medal, or postage stamp
recommended to be issued by the United States shall be sold
only by a Federal department or agency;
(2) competitions and awards for historical, scholarly,
artistic, literary, musical, and other works, programs, and
projects relating to the Quincentennial;
(3) a Quincentennial calendar or register of programs and
projects;
(4) a central clearinghouse for information and
coordination regarding dates, events, places, documents,
artifacts, and personalities of Quincentennial historical and
commemorative significance; and
(5) the design and designation of logos, symbols, or marks
for use in connection with the commemoration of the
Quincentennial and shall establish procedures regarding their
use.
(b) Advisory Committee.--The Commission may appoint such advisory
committees as the Commission determines necessary to carry out the
purposes of this Act.
SEC. 6. ADMINISTRATION.
(a) Location of Office.--
(1) Principal office.--The principal office of the
Commission shall be in St. Augustine, Florida.
(2) Satellite office.--The Commission may establish a
satellite office in Washington, D.C.
(b) Staff.--
(1) Appointment of director and deputy director.--
(A) In general.--The co-chairpersons, with the
advice of the Commission, may appoint and terminate a
director and deputy director without regard to the
civil service laws (including regulations).
(B) Delegation to director.--The Commission may
delegate such powers and duties to the director as may
be necessary for the efficient operation and management
of the Commission.
(2) Staff paid from federal funds.--The Commission may use
any available Federal funds to appoint and fix the compensation
of not more than 4 additional personnel staff members, as the
Commission determines necessary.
(3) Staff paid from non-federal funds.--The Commission may
use any available non-Federal funds to appoint and fix the
compensation of additional personnel.
(4) Compensation.--
(A) Members.--
(i) In general.--A member of the Commission
shall serve without compensation.
(ii) Travel expenses.--A member of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Commission.
(B) Staff.--
(i) In general.--The co-chairpersons of the
Commission may fix the compensation of the
director, deputy director, and other personnel
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
of positions and General Schedule pay rates.
(ii) Maximum rate of pay.--
(I) Director.--The rate of pay for
the director shall not exceed the rate
payable for level IV of the Executive
Schedule under section 5315 of title 5,
United States Code.
(II) Deputy director.--The rate of
pay for the deputy director shall not
exceed the rate payable for level V of
the Executive Schedule under section
5316 of title 5, United States Code.
(III) Staff members.--The rate of
pay for staff members appointed under
paragraph (2) shall not exceed the rate
payable for grade GS-15 of the General
Schedule under section 5332 of title 5,
United States Code.
(c) Detail of Federal Government Employees.--
(1) In general.--On request of the Commission, the head of
any Federal agency or department may detail any of the
personnel of the agency or department to the Commission to
assist the Commission in carrying out this Act.
(2) Reimbursement.--A detail of personnel under this
subsection shall be without reimbursement by the Commission to
the agency from which the employee was detailed.
(3) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(d) Other Revenues and Expenditures.--
(1) In general.--The Commission may procure supplies,
services, and property, enter into contracts, and expend funds
appropriated, donated, or received to carry out contracts.
(2) Donations.--
(A) In general.--The Commission may solicit,
accept, use, and dispose of donations of money,
property, or personal services.
(B) Limitations.--Subject to subparagraph (C), the
Commission shall not accept donations--
(i) the value of which exceeds $50,000
annually, in the case of donations from an
individual; or
(ii) the value of which exceeds $250,000
annually, in the case of donations from a
person other than an individual.
(C) Nonprofit organization.--The limitations in
subparagraph (B) shall not apply in the case of an
organization that is--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(ii) exempt from taxation under section
501(a) of the Internal Revenue Code of 1986.
(3) Acquired items.--Any book, manuscript, miscellaneous
printed matter, memorabilia, relic, and other material or
property relating to the time period of the discovery of
Florida acquired by the Commission may be deposited for
preservation in national, State, or local libraries, museums,
archives, or other agencies with the consent of the depositary
institution.
(e) Postal Services.--The Commission may use the United States mail
to carry out this Act in the same manner and under the same conditions
as other agencies of the Federal Government.
(f) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines to be necessary.
SEC. 7. STUDY.
The Secretary of the Interior shall--
(1) in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)), conduct a study to assess the suitability
and feasibility of designating an area in the State of Florida
as a unit of the National Park System to commemorate the
discovery of Florida by Ponce de Leon; and
(2) not later than 3 years after the date on which funds
are made available to carry out the study, submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report
that describes--
(A) the findings of the study; and
(B) any conclusions and recommendations of the
Secretary of the Interior with respect to the study.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to carry out the purposes of this Act $250,000 for each
of fiscal years 2005 through 2013.
(b) Availability of Funds.--Amounts appropriated under this section
for any fiscal year shall remain available until December 31, 2013.
SEC. 9. TERMINATION OF AUTHORITY.
The authority provided by this Act terminates effective December
31, 2013.
Passed the Senate October 10, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Ponce de Leon Discovery of Florida Quincentennial Commission Act - Establishes the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon to plan, encourage, coordinate, and conduct the commemoration of the Quincentennial (500th anniversary) of the discovery of Florida by the Spanish explorer Ponce de Leon.
Sets forth the membership composition of the Commission. Requires the appointment of Commission members not later than 60 days after the enactment of this Act.
Directs the Commission to: (1) plan and develop activities for commemorating the Quincentennial; (2) consult with public and private agencies to organize and participate in Quincentennial activities; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida.
Directs the Commission to submit a comprehensive report to the President, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives not later than one year after the enactment of this Act, that includes specific recommendations for: (1) the allocation of financial and administrative responsibility among entities participating in the commemoration; and (2) the commemoration of the Quincentennial and related events through various publications, programs, and activities. Requires the Commission to submit annual reports on activities, programs, expenditures and donations, and a final report by December 31, 2013.
Enumerates the powers of the Commission, including powers to: (1) prepare and disseminate historical, commemorative, and informational materials and objects to promote awareness of, and interest in, the Quincentennial; (2) create competitions and awards for historical, artistic, and other works relating to the Quincentennial; and (3) establish a central clearinghouse for information relating to the Quincentennial.
Sets forth administrative provisions for the Commission, including the establishment of a principal office in St. Augustine, Florida, and a satellite office in Washington, D.C. Provides for the staffing of the Commission, compensation of Commission employees, procurement authority, and authority to solicit donations.
Directs the Secretary of the Interior to conduct a feasibility study for designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon, and to submit a report to Congress, with recommendations, on the findings of the study.
Authorizes appropriations.
Terminates the authority provided by this Act on December 31, 2013. | {"src": "billsum_train", "title": "A bill to establish a National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon."} | 3,135 | 533 | 0.694416 | 2.505037 | 0.758938 | 4.269978 | 6.265659 | 0.939525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonuses for Cost-Cutters Act of
2017''.
SEC. 2. COST SAVINGS ENHANCEMENTS.
(a) Definitions.--Section 4511 of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``Definition'' and
inserting ``Definitions''; and
(2) in subsection (a)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``this subchapter, the term'' and
inserting the following: ``this subchapter--
``(1) the term''; and
(C) by adding at the end the following:
``(2) the term `wasteful expenses' means amounts made
available for salaries and expenses accounts, operations and
maintenance accounts, or other equivalent accounts--
``(A) that are identified by an employee of the
agency under section 4512(a) as wasteful; and
``(B) that the Chief Financial Officer of the
agency determines are not required for the purpose for
which the amounts were made available.''.
(b) Authority.--Section 4512 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by inserting ``The head of an agency may pay a
cash award to any employee of such agency whose
identification of wasteful expenses to the Chief
Financial Officer of the agency has resulted in cost
savings for the agency.'' after the first sentence;
(B) in paragraph (1) by striking ``$10,000'' and
inserting ``$20,000'';
(C) in paragraph (2)--
(i) by inserting ``Chief Financial
Officer,'' after ``Inspector General,'' ;
(ii) by striking ``employee designated
under subsection (b)'' and inserting
``designated employee''; and
(iii) by inserting ``or identification''
after ``disclosure''; and
(D) in the matter following paragraph (2)--
(i) by inserting ``, Chief Financial
Officer,'' after ``Inspector General''; and
(ii) by inserting ``or identification''
after ``disclosure'';
(2) in subsection (b) by striking ``awards permitted under
this section'' and inserting ``awards for the disclosure of
fraud, waste, or mismanagement under this section''; and
(3) by adding at the end the following:
``(c)(1) If the Chief Financial Officer of the agency determines
that potential wasteful expenses identified by an employee meet the
requirements of section 4511(a)(2)(B), the head of the agency shall
notify the President for purposes of proposing the expenses for
rescission under title X of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 681 et seq.).
``(2) In the case of an agency for which there is no Chief
Financial Officer, the head of the agency shall designate an agency
employee who shall have the authority to make the determinations for
identification of wasteful expenses under this section.
``(d) The head of each agency shall make available, along with, and
in the same manner and form as, the provision of information required
under section 1116 of title 31, information on disclosures of wasteful
expenses under this section, including--
``(1) a description of each disclosure of possible wasteful
expenses identified by an employee and determined by the agency
to have merit; and
``(2) the number and amount of cash awards provided by the
agency under subsection (a).
``(e) An individual may not receive a cash award under this
subchapter if the individual is--
``(1) an officer or employee of the Office of the Inspector
General of an agency; or
``(2) ineligible for a cash award under section 4509.
``(f) The Director of the Office of Personnel Management shall--
``(1) ensure that the cash award program of each agency
complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of each agency complies with
this section.
``(g) Not later than 3 years after the date of enactment of the
Bonuses for Cost-Cutters Act of 2017, and every 3 years thereafter for
6 years, the Comptroller General of the United States shall submit to
Congress a report on the operation of the cost savings and awards
program under this section, including any recommendations for
legislative changes.''.
(c) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 45 of title 5, United States Code, is amended
by striking the item relating to section 4511 and inserting the
following:
``4511. Definitions and general provisions.''.
Passed the House of Representatives October 11, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Bonuses for Cost-Cutters Act of 2017 This bill expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of certain operational expenses that are wasteful. An agency must propose any such identified wasteful expenses for rescission. The bill also doubles the maximum cash award that may be made under the program. | {"src": "billsum_train", "title": "Bonuses for Cost-Cutters Act of 2017"} | 1,134 | 103 | 0.503544 | 1.355525 | 0.594746 | 2.276923 | 16.061538 | 0.738462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nepal Recovery Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) International financial institution.--The term
``international financial institution'' means--
(A) each of the institutions listed in section
1701(c)(2) of the International Financial Institutions
Act (22 U.S.C. 262r(c)(2)); and
(B) the International Fund for Agricultural
Development.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On April 25, 2015, an earthquake measuring 7.8 on the
Richter scale and a subsequent earthquake on May 12 measuring
7.3 on the Richter scale and numerous aftershocks--
(A) devastated Kathmandu, Nepal, and the
surrounding areas;
(B) killed more than 8,700 people;
(C) injured hundreds of thousands additional
people;
(D) destroyed or damaged more than 770,000 homes,
leaving the families who had been living in those homes
without shelter;
(E) damaged or destroyed more than 47,000
classrooms;
(F) damaged or destroyed over 1,000 health
facilities including primary health care centers and
birthing centers;
(G) left many people with newly acquired
disabilities, including lost limbs and other physical
and mental trauma;
(H) severely impacted livelihoods and food security
for millions of people, including the destruction of
stockpiled grains and the loss of more than 17,000
cattle and 40,000 smaller domesticated animals; and
(I) disrupted social structures and families
through death, injury, and relocation.
(2) The earthquake devastated Nepal's infrastructure,
including homes, offices, factories, roads, bridges,
communications, and other facilities.
(3) American citizens were also killed in the widespread
destruction caused by the earthquake.
(4) Six American servicemembers and 2 members of the
Nepalese Army lost their lives in a helicopter accident while
working to relieve the suffering of the Nepalese people
following the earthquake.
(5) The World Bank and the Government of Nepal conducted a
post disaster needs assessment that estimated almost
$6,700,000,000 in sector specific damage, losses, and recovery
needs.
(6) In Nepal, which is one of the poorest countries in the
world--
(A) an estimated 25 percent of the population lives
on less than $1.25 per day;
(B) there is a 46-percent unemployment rate, with
the majority of the population engaged in subsistence
agriculture;
(C) only 25 percent of Nepalese participate in the
formal banking system, with the majority of Nepalese
severely lacking access to credit and financial
services, making accessing credit for rebuilding
difficult; and
(D) has one of the slowest economic growth rates in
the region.
(7) The geography of Nepal poses a significant challenge to
relief, reconstruction, and development that requires
extraordinary efforts and assets to overcome.
(8) The United States Government, the Government of Nepal,
and civil society organizations have invested in disaster risk
reduction efforts for nearly 20 years. Those efforts have
reduced suffering and prevented greater loss of life and
property.
(9) In recent years, the Government and people of Nepal
have taken important steps forward to resolve civil conflict,
reconcile, and promote economic growth and development.
(10) Nepal has qualified for the Millennium Challenge
Corporation Threshold Program and has been selected for a
Millennium Challenge Corporation Compact, based on its
performance on key selection criteria.
(11) The earthquake has significantly increased the costs
and uncertainty of doing business in Nepal.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States, in partnership with the
Government of Nepal and in coordination with the international
community--
(1) to support the sustainable recovery and rebuilding of
Nepal in a manner that--
(A) encourages greater economic growth;
(B) embraces the independence, resilience, and
democratic governance of Nepal;
(C) supports collaboration with the Government of
Nepal and consultation with Nepalese and international
civil society and including the participation of
affected communities in planning and implementing
recovery and reconstruction;
(D) ensures that the National Reconstruction
Authority institutes strong internal accounting and
accountability measures;
(E) seeks to reach the most severely affected
communities, particularly those who live in hard-to-
reach areas or who are otherwise marginalized;
(F) seeks to address the vulnerability of young
girls and boys who are often at much higher risk of
trafficking, sexual exploitation, child labor, and
other forms of abuse during emergencies;
(G) prohibits the participation of the United
States in any construction effort, which uses forced or
child labor, unregistered recruitment agencies, or pays
wages through means other than directly to the laborer
or to their bank account;
(H) promotes compliance with Nepalese labor law and
internationally recognized core labor standards, as set
forth in the International Labor Organization
Declaration on Fundamental Principles and Rights at
Work and its followup;
(I) harnesses the energy of youth, who make up 33
percent of Nepal's population, to rebuild Nepal;
(J) includes regulatory reforms that improve the
environment for investors;
(K) supports the role of women in the
reconstruction and recovery effort;
(L) rebuilds in ways that foster resilience to
future earthquakes, landslides, and other natural
disasters that threaten Nepal;
(M) enables a rapid return to school for children,
including the rapid construction and effective
utilization of medium-term temporary school structures;
and
(N) coordinates activities with the Millennium
Challenge Corporation and other agencies to assure the
optimal efficiency and effectiveness of United States
efforts;
(2) to encourage all international donors to contribute and
coordinate in a transparent manner and report all contributions
through international mechanisms to enable the most efficient
allocation of all reconstruction resources;
(3) to ensure that ongoing development investments in
health, education, economic growth, food security, and other
areas continue, where appropriate, and are not diverted to
other purposes;
(4) to affirm and build a long-term partnership with Nepal
in support of providing a foundation for economic growth and
sustainability through investments--
(A) in essential infrastructure, including
transport, financial services, and energy;
(B) to rebuild Nepal's competitiveness and private
sector in order to foster employment generation,
including policies to encourage investment and open
world consumer markets to Nepalese exports;
(C) in food security and rural and agricultural
development, particularly of food staples and other
crops that provide economic growth and build lasting
food security; and
(D) that recognize and address how obstacles
related to gender limit, hinder, or suppress the
economic productivity and gain of women;
(5) to ensure, with the Government of Nepal, that affected
children are protected from potential violence, abuse, neglect,
and exploitation and have the ability to access child
protection services, including psychosocial support;
(6) to support, in coordination with other donors--
(A) the institutional development and capacity
building of the Government of Nepal at the national,
local, and community levels so that the Government of
Nepal can ensure basic services for its population,
including health care, education, and other basic
social services;
(B) contributions to a multilateral trust fund that
will be established to enhance the reconstruction and
rebuilding of Nepal;
(C) the Government and people of Nepal to lead the
vision for reconstruction and rebuilding of Nepal; and
(D) communities to fully participate in the
recovery and reconstruction process, by employing local
labor, as appropriate, and consulting local leaders,
affected communities, and civil society for their
experience and vision; and
(7) to address the stateless populations in Nepal,
including Tibetan communities, who--
(A) are least likely to receive support through the
regular government systems; and
(B) may have particularly greater or different
needs.
SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Subject to the availability of funds, the
President may provide technical and financial assistance for programs
that--
(1) improve Nepal's basic infrastructure following the
earthquakes in affected communities;
(2) support economic growth, including through agriculture
and small-scale enterprise opportunities;
(3) promote health and basic education programs; and
(4) support democracy programs that promote political
reforms, as appropriate, including strengthening democratic
institutions and rule of law.
(b) Fast-Track of Investment Feasibility and Assessment Studies.--
The Director of the United States Trade and Development Agency may
proactively explore and provide accelerated response in Nepal for--
(1) project identification and investment analyses;
(2) trade capacity building and sector development
activities, including technical assistance and feasibility
studies that support investments in infrastructure that
contribute to overseas development; and
(3) trade capacity building and sector development
assistance supporting the establishment of industry standards,
rules, regulations, market liberalization, and other policy
reform, with a particular focus on engineering and
construction.
SEC. 6. REPORTS.
(a) Report on Impact of Disaster Risk Reduction Efforts.--Not later
than 1 year after the date of the enactment of this Act, the
Administrator shall submit a report to the appropriate congressional
committees that--
(1) assesses the effectiveness of United States investments
in Nepal in disaster risk reduction and earthquake resilience
during the 20-year period ending on the date of the enactment
of this Act; and
(2) includes a set of recommendations for how the
efficiency and effectiveness of disaster risk and recovery
programs can be improved in Nepal and other countries with
substantial disaster risk and recovery programming.
(b) Report on Humanitarian Relief Efforts.--Not later than 1 year
after the date of the enactment of this Act, the Administrator, in
consultation with the Secretary of Defense, shall submit a report to
the appropriate congressional committees that--
(1) describes the cost, effectiveness, timeliness, and
impact of the international humanitarian and reconstruction
assistance provided to Nepal; and
(2) includes an assessment of the efforts of the United
States to prevent corruption during the humanitarian response
and reconstruction work.
(c) Report on Impediments to Nepal's Recovery.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development and the heads of other appropriate
departments and agencies, shall submit a report to the appropriate
congressional committees that includes--
(1) a description of the impediments to Nepal's recovery
efforts, including the flow of goods and services to and from
Nepal;
(2) a strategy to address and mitigate political,
diplomatic, and economic challenges to reconstruction efforts,
including ensuring the efficient use, and timely distribution,
of United States Government assistance;
(3) an assessment of the impact of any impediments to
energy resources, tourism, medical care, educational
institutions, and the housing sector;
(4) an assessment of the effects of these impediments to
ongoing United States Government assistance programs throughout
Nepal, including those not directly related to earthquake
recovery activities; and
(5) a detailed summary of any United States Government
bilateral and multilateral efforts to enlist bilateral or
multilateral support to mitigate political, diplomatic, and
economic challenges to Nepal's recovery.
(d) Quarterly Briefings.--The Secretary of State, in coordination
with the Administrator of the United States Agency for International
Development and the heads of any other appropriate departments and
agencies, shall provide quarterly briefings through the end of fiscal
year 2018 to the appropriate congressional committees on the efforts of
the United States Government to ensure the efficient and effective
distribution of United States assistance to contribute to Nepal's
recovery and to carry out the objectives of this Act. | Nepal Recovery Act This bill authorizes the President to provide technical and financial assistance for programs that: (1) improve Nepal's basic infrastructure following the earthquakes in affected communities; (2) support economic growth, including through agriculture and small-scale enterprise opportunities; (3) promote health and basic education programs; and (4) support democracy programs that promote political reforms, including strengthening democratic institutions and rule of law. The U.S. Trade and Development Agency may provide accelerated response in Nepal for: project identification and investment analyses; trade capacity building and sector development activities, including technical assistance and feasibility studies that support investments in infrastructure that contribute to overseas development; and trade capacity building and sector development assistance supporting the establishment of industry standards, market liberalization, and other policy reform, with a particular focus on engineering and construction. The U.S Agency for International Development shall report to Congress regarding: the effectiveness of U.S. investment in Nepal in disaster risk reduction and recovery program improvement; and the effectiveness of international humanitarian and reconstruction assistance provided to Nepal, and a related assessment of U.S. anti-corruption efforts. The Department of State shall report to Congress regarding impediments to Nepal's recovery efforts. | {"src": "billsum_train", "title": "Nepal Recovery Act"} | 2,543 | 244 | 0.489531 | 1.591067 | 0.718779 | 5.346154 | 10.910256 | 0.918803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Site-Specific Agricultural Resource
Management Act of 1993''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act a
section or other provision is amended, repealed, or referenced, such
amendment, repeal, or reference shall be considered to be made to that
section or other provision of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590a et seq.).
SEC. 3. FINDINGS.
(a) Findings.--Congress finds that--
(1) agricultural land users are required to develop and
implement an increasing number of plans that have conservation
and environmental benefits as a primary purpose;
(2) within the Department of Agriculture, there are as many
as fifteen programs that provide for the development of such
plans, and currently some agricultural land users may have six
different conservation and environmentally-related plans in
effect with regard to their land;
(3) future legislation may mandate additional requirements
for agricultural land users;
(4) most plans are single purpose in nature, and
requirements imposed by one plan may conflict with the
purposes, objectives, or requirements of another plan;
(5) the complexity of the planning process is such that it
is difficult for many agricultural land users to coordinate the
various requirements into their individual farming or ranching
operations;
(6) there is a need to approach conservation and
environmental problems on agricultural land on a more rational
basis in order to promote practical and economically feasible
site-specific resource measures that take into consideration
the economic vitality of agricultural land units involved; and
(7) to ensure consistency, all pertinent conservation and
environmental requirements on agricultural land should be
coordinated, through a single agency of the Government, into
one integrated resource management plan for the land unit.
SEC. 4. PURPOSE.
(a) It is the purpose of this Act to--
(1) assist agricultural land users in meeting conservation
and environmental requirements on such lands, while maintaining
viable farming or ranching operations;
(2) provide that a single Federal agency, the Soil
Conservation Service, be responsible for working with other
governmental agencies and agricultural land users in the
development and implementation of integrated resource
management plans for agricultural lands;
(3) provide a more efficient and effective method to
coordinate Federal, State, and local conservation and
environmental requirements with respect to individual land
units;
(4) help ensure that a site-specific approach encompassing
all resources will be used in an interrelated manner when
developing and implementing plans on agricultural land for
conservation and environmental purposes; and
(5) help ensure that a balance is maintained among
productivity, efficient management of resources, and
environmental quality with respect to the agricultural land
unit.
SEC. 5. ESTABLISHMENT OF PROGRAM.
The Act is amended by adding at the end the following new section:
``SEC. 18. COMPREHENSIVE RESOURCE MANAGEMENT PLANNING.
``(a) Definitions.--As used in this section--
``(1) Agricultural land.--The term `agricultural land'
means crop land, pastureland, native pasture, rangeland,
orchards, vineyards, and any other land used to produce or
support the production of an annual or perennial crop of a
commodity, aquaculture product, nursery product, or livestock.
The term `agricultural land' shall not include Federal lands
subject to the Forest and Rangeland Renewable Resources
Planning Act of 1974 or the National Forest Management Act of
1976.
``(2) Agricultural land user.--The term `agricultural land
user' means any landowner, leaseholder, tenant, sharecropper,
or other person required to meet conservation and environmental
requirements on agricultural land.
``(3) State.--Notwithstanding section 17(a), the term
`State' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
``(b) Establishment.--Within one hundred and eighty days of
enactment of this Act, the Secretary of Agriculture, acting through the
Soil Conservation Service, shall issue regulations establishing a
program to develop site-specific integrated resource management plans
for agricultural land.
``(c) Program Requirements.--Notwithstanding any other provision of
other law--
``(1) the regulations issued under this section shall
establish procedures under which all plans required by the
agencies of the Department of Agriculture pursuant to any
provision of law or regulation with respect to soil, water, and
other resource conservation and environmental concerns on
agricultural land are to be integrated into a single
comprehensive site-specific plan for the land involved;
``(2) the regulations shall provide that, with respect to
any such single comprehensive site-specific plan developed
under paragraph (1), the Soil Conservation Service shall be
responsible for, among other things, determining compliance
with the terms of the plan and any permit, exemption, and
waiver issued in connection therewith;
``(3) the procedures shall ensure that, on or after January
1, 1996, a single comprehensive site-specific plan shall be in
place with respect to any agricultural land for which more than
one plan is required by agencies of the Department of
Agriculture;
``(4) during the period of January 1, 1994, through
December 31, 1994, the Soil Conservation Service shall give
priority to developing (A) single comprehensive plans that are
requested by agricultural land users and (B) single
comprehensive plans that are targeted to specific watersheds or
other areas or regions determined by the Soil Conservation
Service to be environmentally sensitive, taking into
consideration the lands described in section 1238C of the Food
Security Act of 1985 (16 U.S.C. 3838C);
``(5) the regulations shall provide that all requests for
cost-sharing or other assistance available under any program or
activity of the Department of Agriculture with respect to a
conservation practice on agricultural land for which a single
comprehensive plan is in effect, and all requests for permits,
exemptions, or waivers under such programs or activities with
respect to such land, shall be made through and approved by the
Soil Conservation Service;
``(6)(A) the head of each agency or entity of the
Government, other than the agencies of the Department of
Agriculture, may enter into agreements with the Secretary of
Agriculture under which any conservation and environmental
requirements with respect to agricultural land under any
program or activity of such agency will be incorporated into
the single comprehensive plan developed by the Soil
Conservation Service for the land involved;
``(B) agreements entered into under subparagraph (A) may
provide for the manner in which cost-share or other assistance
available from the other agency with respect to a conservation
practice on agricultural land for which a single comprehensive
plan has been developed will be coordinated with any cost-share
or other assistance available from the Department of
Agriculture;
``(C) agreements entered into under subparagraph (A) may
provide for the delegation to the Soil Conservation Service of
the responsibility for (i) receiving, processing, and approving
requests for cost-sharing or other assistance, permits,
exemptions, or waivers under such program or activity and (ii)
performing any other responsibilities and functions in
connection with such program or activity;
``(D) agreements entered into under subparagraph (A) shall
provide for the reimbursement to the Secretary of Agriculture,
on an annual basis, of such sums as are necessary to cover the
costs of the Soil Conservation Service of performing any
function of activity delegated to it under the agreement, and
any funds reimbursed under this section shall remain available
to the Soil Conservation Service until expended.
``(7) the Secretary of Agriculture may enter into
agreements with any State, including any agency or subdivision
thereof, under which (A) any conservation and environmental
requirements with respect to agricultural land under any
program or activity of the State will be incorporated into the
single comprehensive plan developed by the Soil Conservation
Service for the land involved, and (B) any cost-sharing or
other assistance available from the State with respect to any
practice on agricultural land for which a single comprehensive
plan has been developed will be coordinated with any Federal
cost-share or other assistance to be provided.
``(d) Criteria for Comprehensive Resource Management Plans.--The
Secretary of Agriculture, acting through the Soil Conservation Service,
shall establish criteria and standards to be used in the development of
comprehensive site-specific resource management plans for agricultural
land. In establishing such criteria and standards, the Soil
Conservation Service shall consult with Federal and State agencies,
including the technical committee in each State established under
section 1261 of the Food Security Act of 1985 (16 U.S.C. 3861), that
have expertise in, or whose programs and activities involve,
conservation and environmental measures on agricultural lands.
``(e) Requirements for Individual Plans.--Each individual
comprehensive resource management plan shall be developed using the
criteria and standards established under subsection (d) and shall,
among other things--
``(1) be specifically designed for the land unit, and each
subpart thereof, described in the plan;
``(2) provide, to the extent possible, various management
alternatives which the agricultural land user may use to meet
the conservation and environmental concerns with respect to the
land unit involved;
``(3) encompass soil, water, plant, and animal resources;
``(4) take into consideration the ability of agricultural
land users to manage natural resources for meeting agricultural
production, conservation, environmental, and quality of life
objectives;
``(5) provide for systems that promote the efficient long-
term production of food and fiber and the maintenance and
enhancement of natural resources; and
``(6) take into consideration the economic, social, and
environmental costs and benefits of the various management
alternatives described.
``(f) Revision of Plans.--The Soil Conservation Service shall
revise any plan--
``(1) upon request of the agricultural land user involved,
to reflect anticipated changes in the operation of the unit,
providing that the conservation and environmental requirements
with respect to the unit will continue to be met if the changes
are implemented; and
``(2) to reflect any changes in the conservation and
environmental requirements with respect to the land unit.
``(g) Prompt Completion and Notification.--Any revision of a plan
under subsection (f) shall be completed and provided to the land user
as promptly as possible after the request or notification of change in
requirements.
``(h) Liability Protection.--Any agricultural land user who, as
determined by the Secretary of Agriculture, has properly applied, or
who is properly implementing, a comprehensive resource management plan
developed for an agricultural land unit under this section shall be
deemed to be in compliance with all conservation and environmental
requirements covered by the plan with respect to such land unit.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be effective on
the date of enactment. | Site-Specific Agricultural Resource Management Act of 1993 - Amends the Soil Conservation and Domestic Allotment Act to direct the Secretary of Agriculture, through the Soil Conservation Service, to establish a program to develop site-specific resource management plans for agricultural land. | {"src": "billsum_train", "title": "Site-Specific Agricultural Resource Management Act of 1993"} | 2,324 | 59 | 0.559301 | 1.327233 | 0.805408 | 4.276596 | 49.319149 | 0.957447 |
SECTION 1. UNIFORM STANDARDS FOR AWARD OF PUNITIVE DAMAGES.
(a) General Rule.--Punitive damages may, to the extent permitted by
applicable State law, be awarded against a defendant if the claimant
establishes by clear and convincing evidence that conduct carried out
by the defendant with a conscious, flagrant indifference to the rights
or safety of others was the proximate cause of the harm that is the
subject of the action--
(1) in any civil action where the claim relates to
volunteer services performed by the defendant for a government
entity or a not for profit organization organized and conducted
for public benefit and operated primarily for charitable,
civic, educational, religious, welfare, or health purposes; or
(2) in any civil action where the claim relates to
activities or services performed by a not for profit
organization organized and conducted for public benefit and
operated primarily for charitable, civic, educational,
religious, welfare, or health purposes, not including health
care providers.
(b) Limitation on Amount.--
(1) In general.--The amount of punitive damages that may be
awarded in an action described in subsection (a) may not exceed
the greater of--
(A) 2 times the sum of the amount awarded to the
claimant for economic loss and non-economic loss; or
(B) $250,000.
(2) Special rule.--Notwithstanding paragraph (1), in any
action described in section (a) against an individual whose net
worth does not exceed $500,000 or against an owner of an
unincorporated business, or any partnership, corporation,
association, congregation, unit of local government, or
organization which has fewer than 25 full-time employees, the
punitive damages shall not exceed the lesser of--
(A) 2 times the sum of the amount awarded to the
claimant for economic loss and non-economic loss; or
(B) $250,000.
(3) Exception for particular categories of misconduct.--The
limitations on the amount of punitive damages contained in
paragraphs (1) and (2) shall not apply in any action described
in subsection (a)(1) or (a)(2) where the misconduct for which
punitive damages are awarded--
(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18) for which the
defendant has been convicted in any court;
(B) constitutes a hate crime (as that term is used
in the Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by
applicable State law, for which the defendant has been
convicted in any court;
(D) involves misconduct for which the defendant has
been found to have violated a Federal or State civil
rights law; or
(E) where the defendant was under the influence (as
determined pursuant to applicable State law) of
intoxicating alcohol or any drug, as defined in section
104(b)(2) of this title, at the time of the misconduct
for which punitive damages are awarded.
(4) Exception for insufficient award in cases of egregious
conduct.--
(A) Determination by court.--If the court makes a
determination, after considering each of the factors in
subparagraph (B), that the application of paragraph (1)
would result in an award of punitive damages that is
insufficient to punish the egregious conduct of the
defendant against whom the punitive damages are to be
awarded or to deter such conduct in the future, the
court shall determine the additional amount of punitive
damages (referred to in this paragraph as the
``additional amount'') in excess of the amount
determined in accordance with paragraph (1) to be
awarded against the defendant in a separate proceeding
in accordance with this paragraph.
(B) Factors for consideration.--In any proceeding
under paragraph (A), the court shall consider--
(i) the extent to which the defendant acted
with actual malice;
(ii) the likelihood that serious harm would
arise from the conduct of the defendant;
(iii) the degree of the awareness of the
defendant of that likelihood;
(iv) the profitability of the misconduct to
the defendant;
(v) the duration of the misconduct and any
concurrent or subsequent concealment of the
conduct by the defendant;
(vi) the attitude and conduct of the
defendant upon the discovery of the misconduct
and whether the misconduct has terminated;
(vii) the financial condition of the
defendant; and
(viii) the cumulative deterrent effect of
other losses, damages, and punishment suffered
by the defendant as a result of the misconduct,
reducing the amount of punitive damages on the
basis of the economic impact and severity of
all measures to which the defendant has been or
may be subjected, including--
(I) compensatory and punitive
damage awards to similarly situated
claimants;
(II) the adverse economic effect of
stigma or loss of reputation;
(III) civil fines and criminal and
administrative penalties; and
(IV) stop sale, cease and desist,
and other remedial or enforcement
orders.
(C) Requirements for awarding additional amount.--
If the court awards an additional amount pursuant to
this subsection, the court shall state its reasons for
setting the amount of the additional amount in findings
of fact and conclusions of law.
(D) Preemption.--This section does not create a
cause of action for punitive damages and does not
preempt or supersede any State or Federal law to the
extent that such law would further limit the award of
punitive damages. Nothing in this subsection shall
modify or reduce the ability of courts to order
remittiturs.
(5) Application by court.--This subsection shall be applied
by the court and application of this subsection shall not be
disclosed to the jury. Nothing in this subsection shall
authorize the court to enter an award of punitive damages in
excess of the jury's initial award of punitive damages.
(c) Bifurcation at Request of Any Party.--
(1) In general.--At the request of any party the trier of
fact in any action that is subject to this section shall
consider in a separate proceeding, held subsequent to the
determination of the amount of compensatory damages, whether
punitive damages are to be awarded for the harm that is the
subject of the action and the amount of the award.
(2) Inadmissibility of evidence relative only to a claim of
punitive damages in a proceeding concerning compensatory
damages.--If any party requests a separate proceeding under
paragraph (1), in a proceeding to determine whether the
claimant may be awarded compensatory damages, any evidence,
argument, or contention that is relevant only to the claim of
punitive damages, as determined by applicable State law, shall
be inadmissible.
(d) Definition.--
Health care provider.--The term ``health care provider''
means any person, organization, or institution that is engaged
in the delivery of health care services in a State and that is
required by the laws or regulations of the State to be
licensed, registered, or certified by the State to engage in
the delivery of such services in the State. | Authorizes punitive damages to be awarded against a defendant, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the civil action where the claim relates to: (1) volunteer services performed by the defendant for a government entity or a not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (2) activities or services performed by such a not-for-profit organization, excluding health care providers.
Limits the amount of punitive damages that may be awarded in such an action to: (1) the greater of twice the sum of the amount awarded to the claimant for economic loss and non-economic loss or $250,000, in general; and (2) the lesser of twice that sum or $250,000 in any such action against an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business or any partnership, corporation, association, congregation, unit of local government, or organization which has fewer than 25 full-time employees.
Makes exceptions to such limits on punitive damages: (1) for particular categories of misconduct, such as where that misconduct constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted; and (2) where such limits would result in an award that is insufficient to punish the egregious conduct of the defendant or to deter such conduct in the future.
Sets forth provisions regarding: (1) consideration of punitive damages in a separate proceeding at the request of any party; and (2) inadmissibility of evidence relative only to a claim of punitive damages in a proceeding concerning compensatory damages. | {"src": "billsum_train", "title": "A bill to provide uniform standards for the award of punitive damages for volunteer services."} | 1,563 | 411 | 0.811963 | 2.766349 | 0.963899 | 5.954787 | 3.928191 | 0.944149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limitation on Nuclear Cooperation
with the United Arab Emirates Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Government of the united arab emirates.--
(A) In general.--The term ``Government of the
United Arab Emirates'' includes the government of any
subdivision of the United Arab Emirates, and any agency
or instrumentality of the Government of the United Arab
Emirates.
(B) Agency or instrumentality.--For purposes of
subparagraph (A), the term ``agency or instrumentality
of the Government of the United Arab Emirates'' means
an agency or instrumentality of a foreign state as
defined in section 1603(b) of title 28, United States
Code, with each reference in such section to ``a
foreign state'' deemed to be a reference to ``the
United Arab Emirates''.
(3) Government of iran.--
(A) In general.--The term ``Government of Iran''
includes the government of any subdivision of Iran, and
any agency or instrumentality of the Government of
Iran.
(B) Agency or instrumentality.--For purposes of
subparagraph (A), the term ``agency or instrumentality
of the Government of Iran'' means an agency or
instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with
each reference in such section to ``a foreign state''
deemed to be a reference to ``Iran''.
(4) National of the united arab emirates.--The term
``national of the United Arab Emirates'' means--
(A) any citizen of the United Arab Emirates; or
(B) any other legal entity that is organized under
the laws of the United Arab Emirates.
(5) National of iran.--The term ``national of Iran''
means--
(A) any citizen of Iran; or
(B) any other legal entity that is organized under
the laws of Iran.
SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB
EMIRATES.
(a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding
any other provision of law or any international agreement, no agreement
for cooperation between the United States of America and the United
Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) may enter into force on or after the date of the
enactment of this Act unless not less than 30 legislative days prior to
such entry into force the President certifies to the appropriate
congressional committees that the requirements of subsection (c) have
been met.
(b) Restriction on Exports of Nuclear Material, Equipment, or
Technology.--No license may be issued for the export of nuclear
material, equipment, or technology to the United Arab Emirates pursuant
to an agreement for cooperation between the United States of America
and the United Arab Emirates pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after
the date of the enactment of this Act unless not less than 30
legislative days prior to the issuance of such license the President
certifies to the appropriate congressional committees for such fiscal
year that the requirements of subsection (c) have been met.
(c) Requirements.--The requirements referred to in this subsection
are the following:
(1) The Government of the United Arab Emirates has taken,
and is continuing to take, effective actions to prohibit,
terminate, and prevent the transfer of goods, services, or
technology to the Government of Iran, including fully
implementing United Nations Security Council sanctions against
Iran.
(2) For the preceding 12-month period--
(A) there has been no cooperation with respect to
any activity described in paragraph (1) between the
Government of the United Arab Emirates and the
Government of Iran, any national of Iran, or any
Iranian-controlled entity based on all credible
information available to the United States at the time
of the certification;
(B)(i) there has been no cooperation with respect
to any activity described in paragraph (1) between any
national of the United Arab Emirates and the Government
of Iran, any national of Iran, or any Iranian-
controlled entity based on all credible information
available to the United States at the time of the
certification; or
(ii) the Government of the United Arab Emirates
has--
(I) terminated all cooperation between any
such United Arab Emirates national and the
Government of Iran, any such Iranian national,
or any such Iranian-controlled entity;
(II) instituted effective measures to
prevent a reoccurrence of any such cooperation;
and
(III) prosecuted any such United Arab
Emirates national; and
(C) the Government of the United Arab Emirates has
not engaged in or condoned activities that violate--
(i) the Iran Sanctions Act of 1996,
including Executive Orders 12957, 12959, 13059
and other executive orders issued pursuant to
such Act;
(ii) the Iran, North Korea, and Syria
Nonproliferation Act; and
(iii) other provisions of applicable United
States law.
(3) The Government of the United Arab Emirates--
(A) has developed and fully implemented an export
control regime in accordance with international
standards; and
(B) has developed and implemented the appropriate
or necessary legislative and functional actions to
target the logistical and financial networks that
support terrorist organizations.
(d) Goods, Services, or Technology Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``goods, services, or technology''
means--
(A) goods, services, or technology listed on--
(i)(I) the Nuclear Suppliers Group
Guidelines for the Export of Nuclear Material,
Equipment and Technology (published by the
International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev. 8/Part 1,
and subsequent revisions) and Guidelines for
Transfers of Nuclear-Related Dual-Use
Equipment, Material, and Related Technology
(published by the International Atomic Energy
Agency as Information Circular INFCIRC/254/Rev.
7/Part 2, and subsequent revisions);
(II) the Missile Technology Control Regime
Equipment and Technology Annex of June 11,
1996, and subsequent revisions;
(III) the lists of items and substances
relating to biological and chemical weapons the
export of which is controlled by the Australia
Group;
(IV) the Schedule One or Schedule Two list
of toxic chemicals and precursors the export of
which is controlled pursuant to the Convention
on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction;
(V) the Wassenaar Arrangement list of Dual
Use Goods and Technologies and Munitions list
of July 12, 1996, and subsequent revisions;
(VI) the United States Munitions List under
section 38 of the Arms Export Control Act (22
U.S.C. 2778) for which special export controls
are warranted under such Act (22 U.S.C. 2751 3
et seq.); or
(VII) the Commerce Control List maintained
under part 774 of title 15, Code of Federal
Regulations; or
(B) goods, services, or technology not listed on
any list identified in subparagraph (A) but which
nevertheless would be, if they were United States
goods, services, or technology, prohibited for export
to Iran because of their potential to make a material
contribution to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile
systems.
(2) Exclusion.--The term ``goods, services, or technology''
does not include goods, services, or technology that are
directly related to the operation of the Bushehr nuclear power
reactor.
SEC. 4. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
(a) Cooperation With Other Nations.--Section 123 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first
sentence--
(1) by striking ``not'' the first and second place it
appears;
(2) by inserting ``only'' after ``effective''; and
(3) by striking ``Provided further,'' and all that follows
through the period at the end.
(b) Subsequent Arrangements.--Section 131 a.(1) of such Act is
amended--
(1) in the second sentence, by striking ``, security'' and
all that follows through the period at the end; and
(2) by inserting after the second sentence the following:
``Such subsequent arrangement shall not take effect unless the
Congress enacts a joint resolution of approval, according to
the procedures of sections 123 d. and 130 i. of this Act. Any
such nuclear proliferation assessment statement shall be
submitted to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate no later than the 31st day of continuous session after
submission of the subsequent arrangement.''.
SEC. 5. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended by adding at the end the following:
``e. The President shall keep the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate fully and currently informed of any initiative or
negotiations relating to a new or amended agreement for peaceful
nuclear cooperation pursuant to this section prior to the President's
announcement of such initiative or negotiations. The President shall
consult with the appropriate congressional committees concerning such
initiative or negotiations beginning not less than 15 calendar days
after the initiation of any such negotiations, or the receipt or
transmission of a draft agreement, whichever occurs first, and monthly
thereafter until such time as the negotiations are concluded.''. | Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2008 - Prohibits any agreement for cooperation to enter into force or any license to be issued for the export of nuclear material, equipment, or technology between the United States and the United Arab Emirates (UAE) pursuant to the Atomic Energy Act of 1954 unless the President certifies to the appropriate congressional committees that the government of the UAE has: (1) taken actions to prohibit the transfer of goods, services, or technology to the government of Iran, including fully implementing U.N. Security Council sanctions against Iran; (2) implemented an export control regime in accordance with international standards and has implemented legislative and functional actions to target the logistical and financial networks that support terrorist organizations; (3) terminated all related cooperation between any UAE national and the government of Iran, any Iranian national, or any Iranian-controlled entity, and has prosecuted any such UAE national, and (4) not engaged in or condoned activities that violate the Iran Sanctions Act of 1996, the Iran, North Korea, and Syria Nonproliferation Act, and other applicable U.S. law.
Amends the the Atomic Energy Act of 1954 to require congressional approval of an agreement for peaceful nuclear cooperation (section 123 agreement). (Under current law such an agreement become effective unless Congress disapproves it within a specified time period.)
Directs the President to keep the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations fully informed of any initiative or negotiations relating to a new or amended section 123 agreement. | {"src": "billsum_train", "title": "To restrict nuclear cooperation with the United Arab Emirates, and for other purposes."} | 2,264 | 331 | 0.536598 | 1.550793 | 0.693769 | 3.92517 | 7.017007 | 0.945578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Technology Innovation and
Defense Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Federal Government should
prioritize the investigation of terrorist and illicit use of new
financial technology, including digital currencies.
SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE.
(a) Establishment.--There is established the Independent Financial
Technology Task Force (the ``Task Force''), which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
head of the Task Force;
(2) the Attorney General;
(3) the Director of the Central Intelligence Agency;
(4) the Director of the Financial Crimes Enforcement
Network;
(5) the Director of the Secret Service;
(6) the Director of the Federal Bureau of Investigations;
and
(7) 4 individuals appointed by the Secretary of the
Treasury to represent the private sector (including the banking
industry, non-profit groups, and think tanks).
(b) Duties.--The Task Force shall--
(1) conduct independent research on terrorist and illicit
use of new financial technologies, including digital
currencies; and
(2) develop legislative and regulatory proposals to improve
counter-terrorist and counter-illicit financing efforts.
(c) Annual Congressional Report.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the Task
Force shall issue a report to the Congress containing the findings and
determinations made by the Task Force in the previous year and any
legislative and regulatory proposals developed by the Task Force.
SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL
CURRENCIES.
(a) In General.--The Secretary of the Treasury, in consultation
with the Attorney General, shall establish a program to pay a reward to
any person who provides information leading to the conviction of an
individual involved with terrorist use of digital currencies.
(b) Use of Appropriated Funds.--To the extent provided in advance
by appropriation Acts, the Secretary may use appropriated funds to pay
a reward under this section with respect to information leading to a
conviction described under subsection (a) if the amount of fines and
forfeitures related to such conviction are not sufficient to pay such
reward.
(c) Use of Fines and Forfeitures.--With respect to fines and
forfeitures related to the conviction of an individual involved with
terrorist use of digital currencies, the Secretary of the Treasury
shall, without further appropriation or fiscal year limitation--
(1) use such amounts to pay rewards under this section
related to such conviction;
(2) with respect to any such amounts remaining after
payments are made under paragraph (1), repay to the general
fund of the Treasury--
(A) any reward amounts paid using appropriated
funds under subsection (b); and
(B) the amount of any funds appropriated to the
FinTech Leadership in Innovation Fund established under
section 5; and
(3) with respect to any such amounts remaining after
payments are made under paragraphs (2) and (3), deposit such
amounts in the FinTech Leadership in Innovation Fund.
SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND.
(a) Establishment.--There is established a fund to be known as the
``FinTech Leadership in Innovation Fund'', which shall be available to
the Secretary of the Treasury, without further appropriation or fiscal
year limitation, to carry out this section.
(b) Innovation Grants.--
(1) In general.--The Secretary of the Treasury shall make
grants for the development of tools and programs to detect
terrorist and illicit use of digital currencies.
(2) Eligible recipients.--The Secretary may make grants
under this subsection to entities located in the United States,
including academic institutions, companies, non-profit
institutions, individuals, and any other entities locating in
the United States that the Secretary determines appropriate.
(3) Eligible projects.--With respect to tools and programs
described under paragraph (1), in addition to grants for the
development of such tools and programs, the Secretary may make
grants under this subsection to carry out pilot programs using
such tools, the development of test cases using such tools, and
research related to such tools.
(4) Preferences.--In making grants under this subsection,
the Secretary shall give preference to--
(A) technology that is non-proprietary or that is
community commons-based;
(B) computer code that is developed and released on
an open source basis; and
(C) tools that are proactive (such as meeting
regulatory requirements under ``know your customer''
and anti-money laundering requirements for any entity
that has to comply with U.S. Government regulations)
vs. reactive (such as aiding law enforcement
organizations in catching illegal activity after the
fact).
(5) Other requirements.--
(A) Use of existing global standards.--Any new
technology developed with a grant made under this
subsection shall be based on existing global standards,
such as those developed by the Internet Engineering
Task Force (IETF) and the World Wide Web Consortium
(W3C).
(B) Supporting existing laws or regulations.--Tools
and programs developed with a grant made under this
subsection shall be in support of existing laws or
regulations, including the Bank Secrecy Act.
(C) Open access requirement.--Tools and programs
developed with a grant made under this subsection shall
be freely accessible and usable by the public. This
requirement may be fulfilled by publicly availing
application programming interfaces or software
development kits.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance
Act;
(B) chapter 2 of title I of Public Law 91-508; and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(2) Digital currency.--The term ``digital currency''--
(A) means a digital representation of value that--
(i) is used as a medium of exchange, unit
of account, or store of value; and
(ii) is not legal tender, whether or not
denominated in legal tender; and
(B) does not include--
(i) a transaction in which a merchant
grants, as part of an affinity or rewards
program, value that cannot be taken from or
exchanged with the merchant for legal tender,
bank credit, or digital currency; or
(ii) a digital representation of value
issued by or on behalf of a publisher and used
solely within an online game, game platform, or
family of games sold by the same publisher or
offered on the same game platform.
(3) Terrorist.--The term ``terrorist'' includes a person
carrying out domestic terrorism or international terrorism (as
such terms are defined, respectively, under section 2331 of
title 18, United States Code). | Financial Technology Innovation and Defense Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill: establishes the Independent Financial Technology Task Force, which must report annually on such matters; establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies. | {"src": "billsum_train", "title": "Financial Technology Innovation and Defense Act"} | 1,519 | 111 | 0.61828 | 1.577249 | 1.250762 | 2.558824 | 14.04902 | 0.813725 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Fiduciary Act of 2004''.
SEC. 2. DEFINITION OF FIDUCIARY.
(a) In General.--(1) Chapter 55 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5506. Definition of `fiduciary'
``For purposes of this chapter and chapter 61 of this title, the
term `fiduciary' means--
``(1) a person who is a guardian, curator, conservator,
committee, or person legally vested with the responsibility or
care of a claimant (or a claimant's estate) or of a beneficiary
(or a beneficiary's estate); or
``(2) any other person having been appointed in a
representative capacity to receive money paid under any of the
laws administered by the Secretary for the use and benefit of a
minor, incompetent, or other beneficiary.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5506. Definition of `fiduciary'.''.
(b) Conforming Amendments to Section 5502.--Section 5502 of such
title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``other person''
and inserting ``other fiduciary''; and
(B) in the second sentence of paragraph (2), by
inserting ``for benefits under this title'' after ``in
connection with rendering fiduciary services'';
(2) in subsection (b), by striking ``guardian, curator,
conservator, or other person'' each place it appears and
inserting ``fiduciary''; and
(3) in subsection (d), by striking ``guardian, curator, or
conservator'' and inserting ``fiduciary''.
(c) Conforming Amendment to Section 6101.--Section 6101(a) of such
title is amended by striking ``guardian, curator,'' and all that
follows through ``beneficiary,'' and inserting ``fiduciary (as defined
in section 5506 of this title) for the benefit of a minor, incompetent,
or other beneficiary under laws administered by the Secretary,''.
SEC. 3. INVESTIGATION AND QUALIFICATION OF FIDUCIARIES.
(a) In General.--Chapter 55 of title 38, United States Code, as
amended by section 2, is further amended by adding at the end the
following new section:
``Sec. 5507. Investigation and qualification of fiduciaries
``(a) Any certification of a person for payment of benefits of a
beneficiary to that person as such beneficiary's fiduciary under
section 5502 of this title shall be made on the basis of--
``(1) an investigation by the Secretary of the fitness of
that person to serve as fiduciary for that beneficiary, such
investigation--
``(A) to be conducted in advance of such
certification; and
``(B) to the extent practicable, to include a face-
to-face interview with such person;
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under regulations);
and
``(3) the furnishing of any bond that may be required by
the Secretary.
``(b) As part of any investigation of any person under subsection
(a), the Secretary shall request information concerning whether that
person has been convicted of any offense under Federal or State law
which resulted in imprisonment for more than one year. If that person
has been convicted of such an offense, the Secretary may certify the
person as a fiduciary only if the Secretary makes a specific finding
that the person has been rehabilitated and is the most appropriate
person to act as fiduciary for the beneficiary concerned under the
circumstances.
``(c)(1) In the case of a proposed fiduciary described in paragraph
(2), the Secretary, in conducting an investigation under subsection
(a)(1), may carry out such investigation on an expedited basis that may
include waiver of any specific requirement relating to such
investigation, including the otherwise applicable provisions of
subparagraphs (A) and (B) of such subsection. Any such investigation
carried out on such an expedited basis shall be carried out under
regulations prescribed for purposes of this section.
``(2) Paragraph (1) applies with respect to a proposed fiduciary
who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
or
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item added by the amendment
made by section 2(a)(2) the following new item:
``5507. Investigation and qualification of fiduciaries.''.
SEC. 4. MISUSE OF BENEFITS BY FIDUCIARIES.
(a) Protection of Veterans Benefits When Administered by
Fiduciaries.--(1) Chapter 61 of title 38, United States Code, is
amended by adding at the end the following new sections:
``Sec. 6106. Misuse of benefits by fiduciaries
``(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.--A
fiduciary may not collect a fee from a beneficiary for any month with
respect to which the Secretary or a court of competent jurisdiction has
determined that fiduciary misused all or part of the individual's
benefit, and any amount so collected by the fiduciary as a fee for such
month shall be treated as a misused part of the individual's benefit.
``(b) Liability of Fiduciaries for Misused Benefits.--(1) If the
Secretary or a court of competent jurisdiction determines that a
fiduciary that is not a Federal, State, or local government agency has
misused all or part of a beneficiary's benefit that was paid to such
fiduciary, the fiduciary shall be liable for the amount misused, and
such amount (to the extent not repaid by the fiduciary) shall be
treated as an erroneous payment of benefits under this title to the
fiduciary for purposes of laws pertaining to the recovery of
overpayments. The amount of such overpayment shall constitute a
liability of such fiduciary to the United States and may be recovered
in the same manner as any other debt due the United States. Subject to
paragraph (2), upon recovering all or any part of such amount, the
Secretary shall pay an amount equal to the recovered amount to such
beneficiary or such beneficiary's alternative fiduciary.
``(2) The total of the amounts paid to a beneficiary (or a
beneficiary's alternative fiduciary) under paragraph (1) and under
section 6107 of this title may not exceed the total benefit amount
misused by the fiduciary with respect to that beneficiary.
``(c) Misuse of Benefits Defined.--For purposes of this chapter,
misuse of benefits by a fiduciary occurs in any case in which the
fiduciary receives payment, under any of laws administered by the
Secretary, for the use and benefit of a beneficiary and converts such
payment, or any part thereof, to a use other than for the use and
benefit of such beneficiary or that beneficiary's dependents. Retention
by a fiduciary of an amount of a benefit payment as a fiduciary fee or
commission, or as attorney's fees (including expenses) and court costs,
if authorized by the Secretary or a court of competent jurisdiction,
shall be considered to be for the use or benefit of such beneficiary.
``(d) Regulations.--The Secretary may prescribe by regulation the
meaning of the term `use and benefit' for purposes of this section.
``(e) Finality of Determinations.--A determination by the Secretary
that a fiduciary has misused benefits shall be considered to be a
decision of the Secretary under section 511(a) of this title.
``Sec. 6107. Reissuance of benefits
``(a) Negligent Failure by Secretary.--(1) In any case in which the
negligent failure of the Secretary to investigate or monitor a
fiduciary results in misuse of benefits by the fiduciary, the Secretary
shall pay to the beneficiary or the beneficiary's alternate fiduciary
an amount equal to the amount of benefits that were so misused.
``(2) There shall be considered to have been a negligent failure by
the Secretary to investigate and monitor a fiduciary in the following
cases:
``(A) A case in which the Secretary failed to timely review
a fiduciary's accounting.
``(B) A case in which the Secretary was notified of
allegations of misuse, but failed to act in a timely manner to
terminate the fiduciary.
``(C) In any other case in which actual negligence is
shown.
``(b) Reissuance of Misused Benefits.--(1) In any case in which a
fiduciary described in paragraph (2) misuses all or part of an
individual's benefit paid to such fiduciary, the Secretary shall pay to
the beneficiary or the beneficiary's alternative fiduciary an amount
equal to the amount of such benefit so misused.
``(2) Paragraph (1) applies to a fiduciary that--
``(A) is not an individual; or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title.
``(c) Recoupment of Amounts Reissued.--In any case in which the
Secretary reissues a benefit payment (in whole or in part) under
subsection (a) or (b), the Secretary shall make a good faith effort to
obtain recoupment from the fiduciary to whom the payment was originally
made.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``6106. Misuse of benefits by fiduciaries.
``6107. Reissuance of benefits.''.
SEC. 5. ADDITIONAL PROTECTIONS FOR BENEFICIARIES WITH FIDUCIARIES.
(a) Onsite Reviews and Required Accountings.--(1) Chapter 55 of
title 38, United States Code, as amended by section 3, is further
amended by adding at the end the following new sections:
``Sec. 5508. Periodic onsite reviews of institutional fiduciaries
``(a) Inspections Required.--In addition to such other reviews of
fiduciaries as the Secretary may otherwise conduct, the Secretary shall
provide for the periodic onsite review of any person or agency located
in the United States that receives the benefits payable under laws
administered by the Secretary to another individual pursuant to the
appointment of such person or agency as a fiduciary under section 5502
of this title in any case in which--
``(1) the fiduciary is a person who serves in that capacity
with respect to 15 or more such individuals;
``(2) the fiduciary is a certified community-based
nonprofit social service agency; or
``(3) the fiduciary is an agency (other than an agency
described in paragraph (2)) that serves in that capacity with
respect to 50 or more such individuals.
``(b) Certified Community-Based Nonprofit Social Service Agency
Defined.--For purposes of this section, the term `certified community-
based nonprofit social service agency' means a community-based
nonprofit social service agency that is in compliance with
requirements, under regulations which shall be prescribed by the
Secretary, for annual certification to the Secretary that it is bonded
in accordance with requirements specified by the Secretary and that it
is licensed in each State in which it serves as a fiduciary (if
licensing is available in such State) in accordance with requirements
specified by the Secretary. Any such annual certification shall include
a copy of any independent audit on such agency which may have been
performed since the previous certification.
``(c) Biennial Report.--(1) Within 120 days after the end of each
even-numbered fiscal year, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report on the results of periodic onsite reviews conducted during the
two preceding fiscal years pursuant to subsection (a) and of any other
reviews of fiduciaries conducted during those fiscal years in
connection with benefits under this title (such as summaries of
findings of reports of the Office of the Inspector General) that the
Secretary determines to be pertinent for purposes of this subsection.
``(2) Each report under paragraph (1) shall describe in detail all
problems identified in such reviews and any corrective action taken or
planned to be taken to correct such problems, and shall include the
following:
``(A) The number of such reviews.
``(B) The results of such reviews.
``(C) The number of cases in which the fiduciary was
changed and why.
``(D) The number of cases involving the exercise of
expedited, targeted oversight of the fiduciary by the Secretary
conducted upon receipt of an allegation of misuse of benefits,
failure to pay a vendor, or a similar irregularity.
``(E) The number of cases discovered in which there was a
misuse of benefits.
``(F) How any such case of misuse of benefits was addressed
by the Secretary.
``(G) The final disposition of such cases of misuse of
benefits, including any civil or criminal penalties imposed.
``(H) Such other information as the Secretary considers
appropriate.
``Sec. 5509. Authority to redirect delivery of benefit payments when a
fiduciary fails to provide required accounting
``(a) Required Reports and Accountings.--The Secretary may require
a fiduciary to file a report or accounting pursuant to regulations
prescribed by the Secretary.
``(b) Actions Upon Failure To File.--In any case in which a
fiduciary fails to submit a report or accounting required by the
Secretary under subsection (a), the Secretary may, after furnishing
notice to such fiduciary and the beneficiary entitled to such payment
of benefits, require that such fiduciary appear in person at a regional
office of the Department serving the area in which the beneficiary
resides in order to receive such payments.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by the amendment made by section
3(b) the following new items:
``5508. Periodic onsite reviews of institutional fiduciaries.
``5509. Authority to redirect delivery of benefit payments when a
fiduciary fails to provide required
accounting.''.
(b) Civil Monetary Penalties; Judicial Orders of Restitution.--(1)
Chapter 61 of title 38, United States Code, as amended by section 4(a),
is further amended by adding at the end the following new sections:
``Sec. 6108. Civil monetary penalties
``(a) Penalty for Conversion.--Any person (including an
organization, agency, or other entity) who, having received, while
acting in the capacity of a fiduciary pursuant to section 5502 of this
title, a payment under a law administered by the Secretary for the use
and benefit of another individual, converts such payment, or any part
thereof, to a use that such person knows or should know is other than
for the use and benefit of such other individual shall be subject to,
in addition to any other penalty that may be prescribed by law, a civil
monetary penalty of not more than $5,000 for each such conversion.
``(b) Penalty In Lieu of Damages.--Any person who makes a
conversion of a payment described in subsection (a) and is subject to a
civil monetary penalty under that subsection by reason of such
conversion shall also be subject to an assessment, in lieu of damages
sustained by the United States resulting from the conversion, of not
more than twice the amount of any payments so converted.
``(c) Costs of Recovery.--From amounts collected under this
section, the amount necessary to recoup the Department's costs of such
collection shall be credited to applicable appropriations, to remain
available until expended.
``Sec. 6109. Authority for judicial orders of restitution
``(a) Any Federal court, when sentencing a defendant convicted of
an offense involving the misuse of benefits under this title, may
order, in addition to or in lieu of any other penalty authorized by
law, that the defendant make restitution to the Department.
``(b) Sections 3612, 3663, and 3664 of title 18 shall apply with
respect to the issuance and enforcement of orders of restitution under
subsection (a). In so applying those sections, the Department shall be
considered the victim.
``(c) If the court does not order restitution, or orders only
partial restitution, under subsection (a), the court shall state on the
record the reasons therefor.
``(d)(1) Except as provided in paragraph (2), amounts received or
recovered by the Secretary pursuant to an order of restitution under
subsection (a), to the extent and in the amounts provided in advance in
appropriations Acts, shall be available to defray expenses incurred in
the supervision and investigation of fiduciaries under this title.
``(2) Paragraph (1) shall not apply with respect to amounts
received in connection with misuse by a fiduciary of funds paid as
benefits under laws administered by the Secretary. Such amounts shall
be paid to the individual whose benefits were misused unless the
Secretary has previously reissued the misused benefits, in which case
the amounts shall be treated in the same manner as overpayments
recouped by the Secretary and shall be deposited to the credit of the
applicable revolving fund, trust fund, or appropriation.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by the amendment made by section
4(b) the following new items:
``6108. Civil monetary penalties.
``6109. Authority for judicial orders of restitution.''.
SEC. 6. EFFECTIVE DATES.
(a) In General.-- Except as otherwise provided, this Act and the
amendments made by this Act shall take effect on the first day of the
seventh month beginning after the date of the enactment of this Act.
(b) Special Rules.--Sections 6106 and 6107 of title 38, United
States Code, as added by section 4(a), shall apply with respect to any
determinations by the Secretary of Veterans Affairs made after the date
of the enactment of this Act of misuse of funds by a fiduciary.
SEC. 7. REPORT TO CONGRESS.
The Secretary of Veterans Affairs shall prepare a report evaluating
whether the existing procedures and reviews for the qualification
(including disqualification) of fiduciaries are sufficient to enable
the Secretary to protect benefits from being misused by fiduciaries.
The Secretary shall submit the report to the Committee on Veterans'
Affairs of the Senate and House of Representatives no later than 270
days after the date of the enactment of this Act. The Secretary shall
include in such report any recommendations that the Secretary considers
appropriate. | Veterans Fiduciary Act of 2004 - Defines "fiduciary," for purposes of Federal veterans' benefits provisions, as a guardian or any other person having been appointed or legally vested with the responsibility or care of a veterans' benefit claimant or beneficiary, or of money paid for the use and benefit of a minor, incompetent, or other beneficiary.
Requires any certification of a person as a fiduciary for such purposes to be made on the basis of: (1) an investigation of their fitness to so serve; (2) adequate evidence that such certification is in the best interest of such beneficiary; and (3) the furnishing of any required bond. Requires the investigation to include whether the person has been convicted of any offense which resulted in imprisonment for more than one year.
Prohibits a fiduciary from collecting a fee from a beneficiary for any month with respect to which the Secretary of Veterans Affairs or a court finds that the fiduciary misused all or part of the individual's benefit. Provides liability for fiduciaries for misused benefits. Requires the Secretary to pay a beneficiary any amounts or benefits misused by a fiduciary when the negligent failure of the Secretary to investigate or monitor a fiduciary results in such misuse.
Provides additional protections for beneficiaries with fiduciaries, including: (1) periodic onsite reviews of institutional fiduciaries such as certified community-based nonprofit social service agencies; (2) requiring a fiduciary to file a report or accounting; (3) civil monetary penalties; and (4) authority for judicial orders of restitution. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide additional safeguards for Department of Veterans Affairs benefit recipients who have fiduciaries for receipt and management of benefit payments, and for other purposes."} | 4,413 | 366 | 0.547524 | 1.814202 | 0.68448 | 4.377551 | 13.414966 | 0.94898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PACE Provider Act of 1995''.
SEC. 2. WAIVER AUTHORITY AND PROVIDER ELIGIBILITY FOR PACE PROJECTS.
(a) Trial Periods.--
(1) In general.--The Secretary of Health and Human Services
(hereafter for purposes of this Act referred to as the
`Secretary') shall grant waivers of certain requirements of
titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395
et seq., 42 U.S.C. 1396 et seq.), or of any other applicable
title of such Act, to public or nonprofit community-based
organizations for a trial period to enable such organizations
to demonstrate their capacity to provide comprehensive health
care services of proper quality on a cost-effective capitated
basis to frail elderly patients at risk of
institutionalization. An organization shall be eligible to be a
provider under such titles if the organization successfully
completes the trial period described in the preceding sentence.
(2) Approval of applications.--An appropriately completed
application for a waiver under this Act is deemed approved
unless the Secretary specifically disapproves it in writing--
(A) not later than 90 days after the date the
completed application is filed in proper form; or
(B) not later than 90 days after the date
additional information is provided to the Secretary if
the Secretary requests reasonable and substantial
additional information during the 90-day period
described in subparagraph (A).
(3) Sole authority.--The Secretary shall have sole
authority to approve or disapprove the eligibility of an
organization for a waiver under this Act and shall make such
determinations in a timely manner.
(4) Consideration of existing sites.--In reviewing an
application for a waiver under this Act, the Secretary shall--
(A) consider whether any existing organization
already operates under a waiver granted under this Act
in the proposed service area identified in the
application; and
(B) if the Secretary determines that such an
organization exists, assure that the potential
population of eligible individuals to be served under
the proposed waiver is reasonably sufficient to sustain
an additional organization without jeopardizing the
economic or service viability of any other organization
operating in that service area.
(b) Terms and Conditions for Waivers.--
(1) In general.--Except as otherwise provided by law or
regulation, the terms and conditions of a waiver granted
pursuant to this Act shall be substantially equivalent to--
(A) the terms and conditions of the On Lok waiver
(referred to in section 603(c) of the Social Security
Amendments of 1983 and extended by section 9220 of the
Consolidated Omnibus Budget Reconciliation Act of
1985), including permitting the organization to assume
the full financial risk progressively over the initial
3-year period of the waiver; and
(B) the terms and conditions provided under the
Protocol for the Program of All-inclusive Care for the
Elderly (PACE), as published by On Lok, Inc. as of
April 14, 1995, and made generally available.
(2) Not conditioned on information.--
(A) In general.--The Secretary's approval of a
waiver for a trial period shall not be conditioned upon
an organization collecting information for purposes
other than operational purposes, including monitoring
of cost and quality of care provided.
(B) Research.--The Secretary may require
information from an organization operating under a
waiver under this Act for purposes of general research
or general evaluation, but only if an organization
agrees to participate in such research or evaluation
and is appropriately compensated for any expenses
incurred, or where such research is undertaken entirely
at the expense of the Secretary.
(3) 3-year waiver limit.--
(A) In general.--Except as provided in subparagraph
(B), a waiver granted under this Act shall be for a
trial period not to exceed 3 years.
(B) Exception.--The Secretary may extend a waiver
granted under this Act beyond the 3-year period during
the consideration of an application from an
organization under subsection (c).
(4) Number of organizations authorized.--
(A) Prior to july 1, 1998.--
(i) In general.--The Secretary shall grant
waivers under this Act to not more than--
(I) 30 organizations before July 1,
1996;
(II) 40 organizations before July
1, 1997, and after July 1, 1996; or
(III) 50 organizations before July
1, 1998, and after July 1, 1997.
(ii) Section 9412(b) and on lok waivers
included.--For purposes of clause (i), the
number of organizations specified in such
clause shall include any organization
established and operating under a waiver
granted under section 603(c) of the Social
Security Amendments of 1983 or any organization
established and operating under a waiver
granted under section 9412(b) of the Omnibus
Budget Reconciliation Act of 1986 (as such
sections were in effect on the day before the
date of the enactment of this Act).
(B) On and after july 1, 1998.--On and after July
1, 1998, the number of organizations operating under a
waiver under this Act shall no longer be limited.
(c) Eligibility To Be a Provider.--
(1) In general.--Upon successful completion of the trial
period established under this Act, an organization which
continues to meet the requirements of this Act shall be
eligible to be a provider under any applicable title of the
Social Security Act, including under titles XVIII and XIX of
such Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.), and
may apply to be recognized as such in accordance with
regulations promulgated by the Secretary.
(2) Requirements.--No organization may be eligible to be a
provider under any applicable title of the Social Security Act
if--
(A) the Secretary specifically and formally finds
that projected reimbursement for such organization
would not, without any reimbursement modifications
specified in the Secretary's finding, result in
payments below the projected costs for a comparable
population under the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) and
the medicaid program under title XIX of such Act (42
U.S.C. 1396 et seq.), or under any other applicable
title of such Act, or that the care provided by such
organization is significantly deficient; and
(B) such projected reimbursement costs or
significant deficiencies in quality of care are not
appropriately adjusted or corrected on a timely basis
(as determined by the Secretary) in accordance with the
specific recommendations for reimbursement adjustments
or corrections in the quality of service included in
the Secretary's formal finding under subparagraph (A).
(3) Not conditioned on information.--The provisions of
subsection (b)(2) shall apply to an organization eligible to be
a provider under any applicable title of the Social Security
Act after successfully completing a trial period under this
Act.
(d) Reimbursement.--
(1) In general.--Notwithstanding any other provision of
law, and except as provided in paragraph (2), an organization
that is granted a waiver under this Act, or that is eligible to
be a provider under any applicable title of the Social Security
Act as a result of this Act, shall ordinarily be reimbursed on
a capitation basis. Any such organization may provide
additional services as deemed appropriate by the organization
for qualified participants without regard to whether such
services are specifically reimbursable through capitation
payments. To the extent such services, in terms of type or
frequency, are not reimbursable, no payments for such services
may be required of participants.
(2) Exception.--In the case of an organization receiving an
initial waiver under this Act on or after October 1, 1995, the
Secretary (at the request of the organization) shall not
require the organization to provide services under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) on a
capitated or other risk basis during the first or second year
of the waiver, in order to allow such an organization to
progressively assume the financial risk and to acquire
experience with such a payment method.
(e) Application to On Lok Waivers.--The provisions of this Act also
shall apply to an organization operating under the On Lok waiver
described in subsection (b)(1)(A).
(f) Application of Income and Resources Standards for Certain
Institutionalized Spouses.--Section 1924 of the Social Security Act (42
U.S.C. 1396r-5) (relating to the treatment of income and resources for
certain institutionalized spouses) shall apply to any individual
receiving services from an organization operating--
(1) under a waiver under this Act; or
(2) as a provider under title XIX of such Act, after a
determination that the organization has successfully completed
a trial period under this Act.
(g) Promotion of Additional Applications.--The Secretary shall
institute an ongoing effort to promote the development of organizations
to acquire eligibility, through participation in a trial period under
this Act, to become providers under any applicable title of the Social
Security Act.
(h) Provision of Services to Additional Populations.--Nothing in
this Act shall prevent any participating organization from
independently developing distinct programs to provide appropriate
services to frail populations other than the elderly under any
provision of law other than this Act, except where the Secretary finds
that the provision of such services impairs the ability of the
organization to provide services required for the elderly.
(i) Definition of Provider.--The term ``provider'' means a provider
of services which--
(1) has filed an agreement with the Secretary under section
1866 of the Social Security Act (42 U.S.C. 1395cc);
(2) is eligible to participate in a State plan approved
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.); or
(3) is eligible to receive payment for such services under
any other applicable title of the Social Security Act.
SEC. 3. APPLICATION OF SPOUSAL IMPOVERISHMENT RULES.
Section 1924(a)(5) of the Social Security Act (42 U.S.C. 1396r-
5(a)(5)) is amended to read as follows:
``(5) Application to individuals receiving services from
certain organizations.--This section applies to individuals
receiving institutional or noninstitutional services from any
organization--
``(A) operating under a waiver under--
``(i) section 603(c) of the Social Security
Amendments of 1983 (as in effect on the day
before the date of the enactment of the PACE
Provider Act of 1995);
``(ii) section 9412(b) of the Omnibus
Budget Reconciliation Act of 1986 (as so in
effect); or
``(iii) the PACE Provider Act of 1995; or
``(B) which has become a provider under this title
after a determination that the organization has
successfully completed a trial period under the PACE
Provider Act of 1995.''.
SEC. 4. REPEALS; EFFECTIVE DATE AND APPLICATION TO EXISTING WAIVERS.
(a) Repeals.--Section 603(c) of the Social Security Amendments of
1983, section 9220 of the Consolidated Omnibus Budget Reconciliation
Act of 1985, and section 9412(b) of the Omnibus Budget Reconciliation
Act of 1986 are repealed.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
provisions of subsection (a) shall be effective on the date of
the enactment of this Act.
(2) Application to existing waivers.--
(A) In general.--To the extent that any
organization is operating on the date of the enactment
of this Act under the On Lok waiver (referred to in
section 603(c) of the Social Security Amendments of
1983 and extended by section 9220 of the Consolidated
Omnibus Budget Reconciliation Act of 1985), or a waiver
granted under section 9412(b) of the Omnibus Budget
Reconciliation Act of 1986, the provisions of such
sections (as in effect before the date of the enactment
of this Act) shall continue to apply with respect to
such waiver until--
(i) the organization is eligible to be a
provider under this Act;
(ii) the Secretary issues and implements
the regulations referred to in section 2(c)(1);
and
(iii) the organization has had a reasonable
opportunity to apply to be recognized as a
provider, such application has been formally
considered by the Secretary, and a final
determination on the application has been made.
(B) Continuation of waiver until effective date.--
The waiver authority of any organization applying for
recognition under subparagraph (A) shall continue
until--
(i) the date that the Secretary determines
that such organization is eligible to be and
can actually serve as a provider under this
Act; or
(ii) if the Secretary determines that the
organization is not eligible to be a provider
under this Act, the expiration of the waiver.
(C) Consideration of periods of operation prior to
this act.--In determining whether an organization is
eligible to be a provider under subparagraph (A), the
Secretary--
(i) in determining whether the organization
has successfully completed a trial period under
this Act, shall consider any period before the
date of the enactment of this Act during which
an organization was operating under a waiver
described in subparagraph (A); and
(ii) shall treat the organization as
eligible to be a provider under this Act for
periods after the date of the enactment of this
Act and before such determination if the
organization meets the requirements of the
regulations issued under section 2(c)(1) during
such periods. | PACE Provider Act of 1995 - Directs the Secretary of Health and Human Services to grant waivers of certain requirements of titles XVIII (Medicare), XIX (Medicaid), or any other applicable title of the Social Security Act to approved community-based organizations meeting specified eligibility requirements with demonstrated capacity, following a special trial period, to provide quality, cost-effective, and comprehensive health care services to at-risk frail elderly patients.
Requires the terms and conditions of such a waiver to be substantially equivalent to those: (1) of the On Lok waiver under the Social Security Amendments of 1983, as extended by the Consolidated Omnibus Budget Reconciliation Act of 1985; and (2) under the Protocol for the Program of All-Inclusive Care for the Elderly (PACE), as published by On Lok, Inc. as of April 14, 1995.
Applies Medicaid spousal impoverishment rules to individuals receiving services from such organizations under this Act. | {"src": "billsum_train", "title": "PACE Provider Act of 1995"} | 3,075 | 209 | 0.539609 | 1.689922 | 1.123622 | 4.450549 | 15.071429 | 0.956044 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Wireless Internet Act''.
SEC. 2. OPEN ACCESS SPECTRUM AUCTION.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))
is amended by adding at the end the following new paragraph:
``(17) Open access spectrum auction.--
``(A) Auctions required.--The Commission shall
promote nationwide broadband competition through the
use of wireless services by issuing nationwide
licenses, for a term of not less than 15 years, for 2
bands of frequencies that consist of an initial band
and a second band of frequencies--
``(i) each of which shall be composed of 20
megahertz of unpaired contiguous spectrum;
``(ii) the initial band of which shall be
spectrum located between 2155 and 2180
megahertz, inclusive; and
``(iii) the second band of which shall be
spectrum that--
``(I) is located under 3 gigahertz;
and
``(II) is not part of the recovered
analog spectrum, as such term is
defined in paragraph (15)(C)(vi).
``(B) Deadlines for initial auction.--The
Commission shall carry out the initial auctions
required by this paragraph by--
``(i) commencing an auction of a single
nationwide license for the initial band
described in subparagraph (A)(ii) not later
than 180 days after the date of enactment of
the Open Wireless Internet Act of 2008; and
``(ii) depositing the proceeds of such
auction in accordance with paragraph (8)(A) not
later than 210 days after such date of
enactment.
``(C) Second auction.--The Commission shall
commence and complete a separate rule-making or other
procedures for licensing through auction additional
unpaired contiguous spectrum of 20 megahertz below 3
gigahertz within 1 year of such date of enactment. Such
auction shall be conducted without the conditions
specified in subparagraph (F) unless the Commission
finds it is in the public interest to do so pursuant to
a rulemaking.
``(D) Interference protection.--
``(i) In general.--The Commission shall
ensure that licensees of spectrum obtained
pursuant to an auction under this paragraph do
not cause harmful interference to, and are
protected from harmful interference from,
licensees of adjacent spectrum, including by
establishing technical and operational rules
that are consistent with technical
specifications established by
telecommunications standards bodies for use of
the 2110 through 2170 megahertz band.
``(ii) Preventing harmful interference.--
``(I) Study.--The Commission shall
conduct a study on the potential for
harmful interference between spectrum
bands from operations in the spectrum
band described under subparagraph
(A)(ii), including receiver overload,
excessive out-of-band emissions,
mobile-to-mobile interference for voice
and data services, and the mitigating
effect, if any, of handset filters
installed in mobile stations used in
adjacent spectrum bands.
``(II) Contents of study.--The
study required under subclause (I)
shall reflect real deployment
conditions and actual equipment that
has either been deployed, or is
expected to be deployed, in the
adjacent spectrum bands and the band
described under subparagraph (A)(ii) at
the time of the study.
``(iii) Timing and input.--Not later than
60 days after the date of enactment of the Open
Wireless Internet Act, the Commission shall
commence the study required under clause (ii).
The Commission shall solicit the input and
expertise of the National Telecommunications
and Information Administration and other
parties and organizations, as recommended by
the Institute of Electrical and Electronics
Engineers, for help in conducting the study.
``(iv) Adoption of technical rules.--Based
on the results of the study required under
clause (ii), the Commission shall adopt
technical rules to ensure that licensees of
spectrum obtained under this paragraph are
fully protected from, and fully protect,
licensees of adjacent spectrum from harmful
interference, including receiver overload and
excessive out-of-band emissions.
``(E) Service and auction rules.--At least 30 days
prior to the deadlines established in subparagraphs
(B)(i) and (C), the Commission shall promulgate service
and auction rules for the licenses issued under
subparagraphs (B) and (C) that--
``(i) make available spectrally efficient
nationwide broadband services; and
``(ii) promote the goals listed in
subparagraphs (B), (D), and (F) of paragraph
(4).
``(F) Content of service requirements rules for
auctioned spectrum.--The Commission shall promulgate
such rules and regulations as are necessary to require,
as conditions of the licenses for the use of the
frequencies auctioned under this paragraph, that the
licensees shall--
``(i) offer, at a minimum, always-on
wireless Internet services within 2 years from
the date of receipt of the license, and
complete the construction of such wireless
network with a signal covering at least 95
percent of the population of the United States
and its territories within 10 years from the
initial operation of the network;
``(ii) offer a data service that is faster
than 200 kilobits per second one way (subject
to subparagraph (G)) for free to consumers and
authorized public safety users without
subscription, airtime, usage, or other charges;
``(iii) offer all services on such spectrum
consistent with the following principles:
``(I) Users are entitled to access
any lawful content of their choice.
``(II) Users are entitled to run
any application and use any Internet
service of their choice subject to
limitations necessary for legitimate
law enforcement purposes.
``(III) Users may connect their
choice of legal device to the network
so long as that device does not harm
the network or substantially interfere
with access of other individuals to the
network;
``(iv) consistent with section 230 of this
Act, offer such free data service with an
option available to the user at the time of
initial connection or configuration of a
connected device, to have that service filtered
by means of a technology protection measure or
measures that prevent underage users from
accessing obscene or indecent material through
such service;
``(v) provide such free data services on a
wireless network that permits open access to
affiliated and unaffiliated consumer devices by
providing, publicly and royalty-free, published
technical standards for developing and
deploying subscriber equipment that can operate
on the network subject to this paragraph; and
``(vi) provide such free data services
using advanced and spectrally efficient
wireless technologies that provide services to
the largest feasible number of users and
encourages broadband competition making
broadband services more available and
affordable.
``(G) Review of free data service requirement.--The
Commission shall evaluate whether the speed of free
services under subparagraph (F) should be increased in
light of consumer demand, developments in wireless
broadband technologies, and the public interest and
shall conduct the first such evaluation 3 years after
the licensee commences operations, and shall conduct
subsequent evaluations every 3 years thereafter.
``(H) Congressional approval.--Modification of any
of the requirements described under subparagraph (F)
shall receive the approval of Congress before any such
modification is allowed to take effect.
``(I) Biennial broadband spectrum utilization
report.--
``(i) Beginning in March of 2009, the
Commission and the National Telecommunications
and Information Administration shall jointly
review competitive market conditions with
respect to availability and affordability of
broadband as well as the state of utilization
of spectrum under the Commission's and the
Administration's respective jurisdictions.
Thereafter, the Commission and the
Administration shall provide Congress a joint
biannual report of their findings.
``(ii) Such reports shall consider the
state-of-the-art efficient use of all spectrum
bands and shall include the basis on which such
utilization and efficiency are determined.
``(iii) In making their recommendations,
the Commission and the Administration shall
expressly consider the technological advances
in commercial use of the spectrum as well as
other relevant uses including public safety,
national defense and other uses as determined
by the public interest.
``(iv) The joint report shall also provide
specific recommendations for the reallocation
or reassignment of spectrum found to be
underutilized in light of the public interest,
necessity and convenience found in promoting
broadband availability and affordability. In
the joint report, the Commission and the
Administration shall also recommend to Congress
any statutory changes that would be required to
implement any such reassignment or reallocation
within 24 months of the report.''. | Open Wireless Internet Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of at least 15 years, for two bands of frequencies, each composed of 20 megahertz of unpaired contiguous spectrum, one band under 3 gigahertz and not part of the recovered analog spectrum and the other band between 2155 and 2180 megahertz.
Requires the FCC to ensure that licensees of spectrum obtained under these provisions are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions.
Requires licensees, among other things, to offer to consumers and authorized public safety users, without subscription, airtime, usage, or other charges, a data service that is faster than 200 kilobits per second, allows users to access any lawful content of their choice, and has an option that prevents underage users from accessing obscene or indecent material. Requires congressional approval before modification of any of these requirements takes effect.
Requires a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz, but states that the auction shall be conducted without the conditions specified in the immediately preceding paragraph unless the FCC finds it is in the public interest. | {"src": "billsum_train", "title": "A bill to require the Federal Communications Commission to auction spectrum for a free and open access wireless service."} | 1,919 | 322 | 0.659152 | 2.02124 | 0.836438 | 4.180769 | 6.980769 | 0.919231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Small Businesses Back Tax
Reform Act''.
SEC. 2. SPECIAL INDIVIDUAL RATES FOR QUALIFIED SMALL BUSINESS INCOME.
(a) In General.--Section 1 of such Code is amended by adding at the
end the following:
``(j) Maximum Rate on Qualified Small Business Income.--
``(1) In general.--If a taxpayer has qualified business
income for any taxable year, the tax imposed by this section
for such taxable year shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
taxable income reduced by qualified business income,
``(B) 10 percent of so much of the qualified
business income of the taxpayer as does not exceed
$150,000, plus
``(C) 20 percent of so much of the qualified
business income of the taxpayer as exceeds the amount
on which tax is determined under subparagraph (B).
``(2) Qualified business income.--
``(A) In general.--The term `qualified business
income' means so much of the following of the taxpayer
as does not exceed $1,000,000:
``(i) Gross earnings derived by an
individual from any active trade or business
carried on by such individual, less the
deductions allowed by the subtitle which are
attributable to such trade or business.
``(ii) The taxpayer's distributive or pro
rata share qualified pass-through income.
Such term shall not include any amounts, or any
distributive or pro rata share, attributable to capital
gains, interest, dividends, and royalties.
``(B) Qualified pass-through income.--The term
`qualified pass-through income' means, in the case of a
partnership or S corporation, so much of the income of
the partnership computed under section 703, or income
of the S corporation computed under section 1363, as
does not exceed $1,000,000 and is designated as such
(at such time and in such form and manner as the
Secretary shall prescribe) and allocated by the
partnership or S corporation. Any income so designated
shall be allocated amongst partners or shareholders in
the same proportion as distributive or pro rata shares
of income or loss are allocated. Such term shall not
include any capital gains, interest, dividends, or
royalties.
``(3) Special rules.--
``(A) Material participation.--Paragraph (1) shall
not apply with respect to any income attributable to a
trade or business in which the taxpayer does not
materially participate.
``(B) Coordination with capital gains.--This
subsection shall be applied before the application of
subsection (h).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 3. REPEAL OF LIMITATION ON ELECTION TO EXPENSE CERTAIN DEPRECIABLE
ASSET IN CASE OF NON-C CORP TAXPAYERS.
(a) In General.--Paragraphs (1) and (2) of section 179(b) of the
Internal Revenue Code of 1986 are each amended by striking ``The'' and
inserting ``In the case of a corporation (or any partnership with a
corporation as a partner), the''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
SEC. 4. EXPANDED AVAILABILITY OF CASH ACCOUNTING RULES AND EXCEPTION TO
INVENTORY RULES FOR CERTAIN SMALL BUSINESSES.
(a) Cash Accounting Permitted.--
(1) In general.--Section 446 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(g) Certain Small Business Taxpayers Permitted To Use Cash
Accounting Method Without Limitation.--
``(1) In general.--With respect to an eligible taxpayer who
uses the cash receipts and disbursements method for any taxable
year, such method shall be deemed to clearly reflect income and
the taxpayer shall not be required to use an accrual method.
``(2) Eligible taxpayer.--For purposes of this subsection,
a taxpayer is an eligible taxpayer with respect to any taxable
year if--
``(A) for all prior taxable years beginning after
December 31, 2016, the taxpayer (or any predecessor)
met the gross receipts test of section 448(c), and
``(B) the taxpayer is not subject to section 447 or
448.''.
(2) Expansion of gross receipts test.--
(A) In general.--Paragraph (3) of section 448(b) of
such Code is amended by striking ``$5,000,000'' in the
text and in the heading and inserting ``$25,000,000''.
(B) Conforming amendments.--Section 448(c) of such
Code is amended by striking ``$5,000,000'' each place
it appears in the text and in the heading of paragraph
(1) and inserting ``$25,000,000''.
(3) Farming.--
(A) In general.--Section 447(d)(1) of such Code is
amended by striking ``$1,000,000'' and inserting
``$25,000,000''.
(B) Conforming amendment.--Section 447(d)(2) of
such Code is amended--
(i) by striking ``; and'' and all that
follows through to the end and inserting a
period, and
(ii) by striking ``shall be applied--'' and
all that follows through ``(i) by
substituting'' and inserting the following:
``shall be applied by substituting''.
(b) Inventory Rules.--
(1) In general.--Section 471 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Small Business Taxpayers Not Required To Use Inventories.--
``(1) In general.--An eligible taxpayer (as defined in
section 446(g)(2)) shall not be required to use inventories
under this section for a taxable year.
``(2) Treatment of taxpayers not using inventories.--If an
eligible taxpayer (as so defined) does not use inventories with
respect to any property for a taxable year, any cost which (but
for paragraph (1)) would have been included by the taxpayer in
inventory costs shall be treated as an expense which is
deductible for the taxable year in which the property is
purchased.''.
(2) Conforming amendment.--Section 263A(c) of such Code is
amended by adding at the end the following new paragraph:
``(7) Exclusion from inventory rules.--This section shall
not apply to property with respect to which a taxpayer does not
use inventories pursuant to section 471(c).''.
(c) Effective Date and Special Rules.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
(2) Change in method of accounting.--In the case of any
taxpayer changing the taxpayer's method of accounting for any
taxable year under the amendments made by this section--
(A) such change shall be treated as initiated by
the taxpayer; and
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury. | Bring Small Businesses Back Tax Reform Act This bill amends the Internal Revenue Code to establish new maximum individual tax rates for qualified business income that does not exceed $1 million (i.e., small business income). The maximum rates are: (1) 10% of such income not exceeding $150,000, and (2) 20% for income that exceeds $150,000 and is not more than $1 million. The rates apply to up to $1 million of qualified business income that is: (1) gross earnings derived by an individual from any active trade or business carried on by the individual, excluding deductions attributable to the trade or business; and (2) the taxpayer's distributive or pro rata share of pass-through income from entities such as a partnership or S corporation. Qualified business income does not include capital gains, interest, dividends, or royalties. For taxpayers that are not a corporation or a partnership with a corporation as a partner, the bill repeals the annual limitation on the election to deduct certain depreciable business assets. The bill also permits certain small businesses whose average gross receipts do not exceed $25 million (currently, $5 million) to use the cash accounting method without limitations and exempts such businesses from inventory rules. | {"src": "billsum_train", "title": "Bring Small Businesses Back Tax Reform Act"} | 1,700 | 259 | 0.64214 | 1.850133 | 0.782806 | 2.4 | 6.036735 | 0.84898 |
OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN
NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI.
(a) Definitions.--In this section:
(1) The term ``appropriate Secretary'' means the Secretary
of the Army or the Secretary of Agriculture.
(2) The term ``boundary conflict'' means the situation in
which the private claim of ownership to certain lands, based on
subsequent land surveys, overlaps or conflicts with Federal
ownership of the same lands.
(3) The term ``Federal land surveys'' means any land survey
made by any agency or department of the Federal Government
using Federal employees, or by Federal contract with State-
licensed private land surveyors or corporations and businesses
licensed to provide professional land surveying services in the
State of Missouri.
(4) The term ``original land surveys'' means the land
surveys made by the United States General Land Office as part
of the Public Land Survey System in the State of Missouri, and
upon which Government land patents were issued conveying the
land.
(5) The term ``Public Land Survey System'' means the
rectangular system of original Government lands surveys made by
the United States General Land Office and its successor, the
Bureau of Land Management, under Federal laws providing for the
survey of the public lands upon which the original land patents
were issued.
(6) The term ``qualifying claimant'' means a private owner
of real property in Barry or Stone County, Missouri, who has a
boundary conflict as a result of good faith and innocent
reliance on subsequent land surveys, and as a result of such
reliance, has occupied, improved, or made ownership claims to
Federal lands.
(7) The term ``subsequent land surveys'' mean any land
surveys made after the original land surveys.
(b) Notice of Boundary Conflict.--
(1) Submission and contents.--A qualifying claimant shall
notify the appropriate Secretary in writing of a claim that a
boundary conflict exists with Federal land administered by the
appropriate Secretary. The notice shall be accompanied by the
following information, which, except as provided in subsection
(d)(2)(B), shall be provided without cost to the United States:
(A) A land survey plat and legal description of the
affected Federal lands, which are based upon a land
survey completed and certified by a Missouri State-
licensed professional land surveyor, and done in
conformity with the Public Land Survey System and in
compliance with the applicable State and Federal land
surveying laws.
(B) Information relating to the claim of ownership
of the Federal lands, including supporting
documentation showing the landowner relied on a
subsequent land survey due to actions by the Federal
Government in making or approving surveys for the Table
Rock Reservoir.
(2) Deadline for submission.--To obtain relief under this
section, a qualifying claimant shall submit the notice required
by paragraph (1) within 15 years after the date of the
enactment of this Act.
(3) Responsibilities of claimants.--The qualifying claimant
shall have the responsibility for establishing that the
qualifying claimant qualifies for the remedies provided in
subsection (c).
(c) Resolution Authorities.--The appropriate Secretary may take any
of the following actions, or combination of actions, in order to
resolve boundary conflicts with qualifying claimants involving lands
under the administrative jurisdiction of the appropriate Secretary:
(1) Convey and quitclaim all right, title, and interest of
the United States in land subject to a boundary conflict.
(2) Confirm Federal title to, and retain in Federal
management, any land subject to a boundary conflict, if the
appropriate Secretary determines there are Federal interests,
including improvements, authorized uses, easements, hazardous
materials, or historical and cultural resources, on the land
that necessitates retention of the land.
(3) Compensate the qualifying claimant for the value of the
overlapping property for which title is confirmed and retained
in Federal management pursuant to paragraph (2).
(d) Consideration and Cost.--
(1) Conveyance without consideration.--The conveyance of
land under subsection (c)(1) shall be made without
consideration if the appropriate Secretary determines that the
boundary conflict was the result of the innocent detrimental
reliance by the qualifying claimant on a subsequent land
survey.
(2) Costs.--The appropriate Secretary shall--
(A) pay administrative, personnel, and any other
costs associated with the implementation of this
section, including the costs of survey, marking, and
monumenting property lines and corners; and
(B) reimburse the qualifying claimant for
reasonable out-of-pocket survey costs necessary to
establish a claim under this section.
(3) Valuation.--Compensation paid to a qualifying claimant
pursuant to subsection (c)(3) for land retained in Federal
ownership pursuant to subsection (c)(2) shall be valued on the
basis of the contributory value of the tract of land to the
larger adjoining private parcel and not on the basis of the
land being a separate tract. The appropriate Secretary shall
not consider the value of any Federal improvements to the land.
(e) Preexisting Conditions; Reservations; Existing Rights and
Uses.--
(1) Preexisting conditions.--The appropriate Secretary
shall not compensate a qualifying claimant or any other person
for any preexisting condition or reduction in value of any land
subject to a boundary conflict because of any existing or
outstanding permits, use authorizations, reservations, timber
removal, or other land use or condition.
(2) Existing reservations and rights and uses.--Any
conveyance pursuant to subsection (c)(1) shall be subject to--
(A) reservations for existing public uses for
roads, utilities, and facilities; and
(B) permits, rights-of-way, contracts and any other
authorization to use the property.
(3) Treatment of land subject to special use authorization
or permit.--For any land subject to a special use authorization
or permit for access or utilities, the appropriate Secretary
may convert, at the request of the holder, such authorization
to a permanent easement prior to any conveyance pursuant to
subsection (c)(1).
(4) Future reservations.--The appropriate Secretary may
reserve rights for future public uses in a conveyance made
pursuant to subsection (c)(1) if the qualifying claimant is
compensated for the reservation in cash or in land of equal
value.
(f) Relation to Other Conveyance Authority.--Nothing in this
section affects the Quiet Title Act (28 U.S.C. 2409a) or other
applicable law, or affects the exchange and disposal authorities of the
Secretary of Agriculture, including the Small Tracts Act (16 U.S.C.
521c), or the exchange and disposal authorities of the Secretary of the
Army.
(g) Additional Terms and Conditions.--The appropriate Secretary may
require such additional terms and conditions in connection with a
conveyance under subsection (c)(1) as the Secretary considers
appropriate to protect the interests of the United States.
Passed the House of Representatives November 17, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Establishes procedures for resolving the status of Federal land in Barry and Stone County, Missouri, claimed by private property owners based on land surveys subsequent to the Public Land Survey System land surveys upon which the original land patents were issued. Requires claimants to submit notice to the Secretary of the Army or the Secretary of Agriculture (as appropriate) within 15 years of enactment of this Act and to establish their qualifications for a remedy.
Authorizes the appropriate Secretary, upon receiving notice from a qualifying claimant, to take any or a combination of the following actions to resolve boundary conflicts: (1) convey and quitclaim all right, title, and interest of the United States in the disputed land; (2) if there are Federal interests in such land, confirm Federal title to it and retain it in Federal management; and (3) compensate the qualifying claimant where title is confirmed and retained pursuant to item (2).
Requires conveyance of land under this Act without consideration, if the appropriate Secretary determines that the boundary conflict was the result of innocent detrimental reliance by the qualifying claimant on a subsequent land survey. Requires the appropriate Secretary to pay costs associated with the resolution of boundary disputes pursuant to this Act and to reimburse qualifying claimants for survey costs necessary to establish a claim.
Establishes rules for the treatment of preexisting conditions, existing reservations, and existing rights and uses. | {"src": "billsum_train", "title": "To resolve boundary conflicts in the vicinity of the Mark Twain National Forest in Barry and Stone Counties, Missouri, that resulted from private landowner reliance on a subsequent Federal survey, and for other purposes."} | 1,527 | 300 | 0.641317 | 1.986131 | 0.774015 | 3.437736 | 5.335849 | 0.901887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Trading and Speculators
Tax Act''.
SEC. 2. TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Trading Transactions
``Sec. 4475. Tax on trading transactions.
``SEC. 4475. TAX ON TRADING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
``(1) except as provided in paragraph (2), the fair market
value of the security (determined as of the time of the covered
transaction), and
``(2) in the case of any payment described in subsection
(h), the amount of such payment.
``(d) Covered Transaction.--For purposes of this section, the term
`covered transaction' means--
``(1) except as provided in paragraph (2), any purchase
if--
``(A) such purchase occurs or is cleared on a
facility located in the United States, or
``(B) the purchaser or seller is a United States
person, and
``(2) any transaction with respect to a security described
in subparagraph (D), (E), or (F) of subsection (e)(1), if--
``(A) such security is traded or cleared on a
facility located in the United States, or
``(B) any party with rights under such security is
a United States person.
``(e) Security and Other Definitions.--For purposes of this
section--
``(1) In general.--The term `security' means--
``(A) any share of stock in a corporation,
``(B) any partnership or beneficial ownership
interest in a partnership or trust,
``(C) any note, bond, debenture, or other evidence
of indebtedness,
``(D) any evidence of an interest in, or a
derivative financial instrument with respect to, any
security or securities described in subparagraph (A),
(B), or (C),
``(E) any derivative financial instrument with
respect to any currency or commodity, and
``(F) any other derivative financial instrument any
payment with respect to which is calculated by
reference to any specified index.
``(2) Derivative financial instrument.--The term
`derivative financial instrument' includes any option, forward
contract, futures contract, notional principal contract, or any
similar financial instrument.
``(3) Specified index.--The term `specified index' means
any 1 or more of any combination of--
``(A) a fixed rate, price, or amount, or
``(B) a variable rate, price, or amount,
which is based on any current objectively determinable
information which is not within the control of any of the
parties to the contract or instrument and is not unique to any
of the parties' circumstances.
``(4) Treatment of exchanges.--
``(A) In general.--An exchange shall be treated as
the sale of the property transferred and a purchase of
the property received by each party to the exchange.
``(B) Certain deemed exchanges.--In the case of a
distribution treated as an exchange for stock under
section 302 or 331, the corporation making such
distribution shall be treated as having purchased such
stock for purposes of this section.
``(f) Exceptions.--
``(1) Exception for initial issues.--No tax shall be
imposed under subsection (a) on any covered transaction with
respect to the initial issuance of any security described in
subparagraph (A), (B), or (C) of subsection (e)(1).
``(2) Exception for certain traded short-term
indebtedness.--A note, bond, debenture, or other evidence of
indebtedness which--
``(A) is traded on a trading facility located in
the United States, and
``(B) has a fixed maturity of not more than 100
days,
shall not be treated as described in subsection (e)(1)(C).
``(3) Exception for securities lending arrangements.--No
tax shall be imposed under subsection (a) on any covered
transaction with respect to which gain or loss is not
recognized by reason of section 1058.
``(g) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs or
is cleared on a facility located in the United States,
such facility, and
``(B) in the case of a purchase not described in
subparagraph (A) which is executed by a broker (as
defined in section 6045(c)(1)) which is a United States
person, such broker.
``(2) Special rules for direct, etc., transactions.--In the
case of any transaction to which paragraph (1) does not apply,
the tax imposed by this section shall be paid by--
``(A) in the case of a transaction described in
subsection (d)(1)--
``(i) the purchaser if the purchaser is a
United States person, and
``(ii) the seller if the purchaser is not a
United States person, and
``(B) in the case of a transaction described in
subsection (d)(2)--
``(i) the payor if the payor is a United
States person, and
``(ii) the payee if the payor is not a
United States person.
``(h) Certain Payments Treated as Separate Transactions.--Except as
otherwise provided by the Secretary, any payment with respect to a
security described in subparagraph (D), (E), or (F) of subsection
(e)(1) shall be treated as a separate transaction for purposes of this
section, including--
``(1) any net initial payment, net final or terminating
payment, or net periodical payment with respect to a notional
principal contract (or similar financial instrument),
``(2) any payment with respect to any forward contract (or
similar financial instrument), and
``(3) any premium paid with respect to any option (or
similar financial instrument).
``(i) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
``(j) Guidance; Regulations.--The Secretary shall--
``(1) provide guidance regarding such information reporting
concerning covered transactions as the Secretary deems
appropriate, and
``(2) prescribe such regulations as are necessary or
appropriate to prevent avoidance of the purposes of this
section, including the use of non-United States persons in such
transactions.''.
(b) Clerical Amendment.--The table of subchapters for chapter 36 of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to subchapter B the following new item:
``Subchapter C. Tax on trading transactions''.
(c) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2012. | Wall Street Trading and Speculators Tax Act - Amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security: (1) if such purchase occurs on a trading facility located in the United States, or (2) the purchaser or seller is a U.S. person.
Defines "security" to include: (1) stocks, partnership interests, notes, bonds, debentures, or other evidences of indebtedness; and (2) interests in a derivative financial instrument (i.e., any option, forward contract, futures contract, notional principal contract, or any similar financial instrument).
Exempts from such tax: (1) initial issues of securities; (2) any note, bond, debenture, or other evidence of indebtedness which has a fixed maturity of not more than 100 days; and (3) securities traded pursuant to certain lending arrangements. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions."} | 1,705 | 201 | 0.508407 | 1.44157 | 0.803071 | 3.74269 | 9.204678 | 0.865497 |
SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE
RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior, in cooperation with
the State of Wyoming, may amend the Definite Plan Report for the
Seedskadee Project authorized under the first section of the Act of
April 11, 1956 (commonly known as the ``Colorado River Storage Project
Act'' (43 U.S.C. 620)) to provide for the study, design, planning, and
construction activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of sufficient
riprap on the upstream face of Fontenelle Dam to allow the active
storage capacity of Fontenelle Reservoir to be used for those purposes
for which the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary of the Interior may enter
into any contract, grant, cooperative agreement, or other
agreement that is necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary of the Interior
shall enter into a cooperative agreement with the State
of Wyoming to work in cooperation and collaboratively
with the State of Wyoming for planning, design, related
preconstruction activities, and construction of any
modification of the Fontenelle Dam under subsection
(a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary of the Interior and
the State of Wyoming with respect to--
(i) completing the planning and final
design of the modification of the Fontenelle
Dam under subsection (a);
(ii) any environmental and cultural
resource compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A
of subtitle III of title 54, United
States Code; and
(iii) the construction of the modification
of the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary of the Interior funds for any
work carried out under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter
into contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary of the Interior and the State of Wyoming, a
contract entered into under paragraph (1) shall be subject to
the terms and conditions of Bureau of Reclamation Contract No.
14-06-400-2474 and Bureau of Reclamation Contract No. 14-06-
400-6193.
SEC. 2. SAVINGS PROVISIONS.
Unless expressly provided in this Act, nothing in this Act
modifies, conflicts with, preempts, or otherwise affects--
(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project Act'');
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.)
(commonly known as the ``Boulder Canyon Project Adjustment
Act'');
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any State of Wyoming or other State water law.
Passed the House of Representatives July 5, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on March 14, 2016. (Sec. 1) This bill authorizes the Department of the Interior, in cooperation with the state of Wyoming, to amend the Definite Plan Report for the Seedskadee Project authorized under the Colorado River Storage Project Act to provide for the study, design, planning, and construction activities that will enable the use of all active storage capacity of Fontenelle Dam and Reservoir, including the placement of sufficient riprap on the upstream face of the Dam to allow such storage capacity to be used for authorized Project purposes. Interior may enter into: (1) any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act; and (2) contracts with Wyoming for division of any additional active capacity made available under this Act. Interior shall enter into a cooperative agreement with Wyoming for planning, design, related preconstruction activities, and construction of any modification of the Fontenelle Dam under this Act, which shall specify the responsibilities of Interior and Wyoming regarding: (1) completing the planning and final design of such modification, (2) any environmental and cultural resource compliance activities required for such modification, and (3) the construction of such modification. As a condition of providing additional storage, Wyoming shall provide to Interior funds for any work carried out to do so. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to amend the Definite Plan Report for the Seedskadee Project to enable the use of the active capacity of the Fontenelle Reservoir."} | 1,111 | 277 | 0.767392 | 2.663373 | 0.748716 | 4.644195 | 3.715356 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Worker Needlestick
Prevention Act''.
SEC. 2. REQUIREMENTS.
(a) Bloodborne Pathogens Standard.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Labor, acting through the Occupational Safety and
Health Administration, shall amend the bloodborne pathogens
standard to require that--
(A) employers utilize needleless systems and sharps
with engineered sharps injury protections in their work
sites to prevent the spread of bloodborne pathogens;
and
(B) to assist employers in meeting the requirement
of subparagraph (A), non-managerial direct care health
care workers of employers participate in the
identification and evaluation of needleless systems and
sharps with engineered sharps injury protections.
(2) Exception.--The bloodborne pathogens standard
requirements of paragraph (1) shall apply to any employer,
except where the employer demonstrates, to the Secretary's
satisfaction, that--
(A) there are circumstances in the employer's work
facility in which the needleless systems and sharps
with engineered sharps injury protections do not
promote employee safety, interfere with patient safety,
or interfere with the success of a medical procedure;
or
(B) the needleless systems and sharps with
engineered sharps injury protections required are not
commercially available to the employer.
(b) Standard Content.--For carrying out the requirement of
subsection (a)(1) for needleless systems and sharps with engineered
sharps injury protections, the amendment required by subsection (a)
shall include the following:
(1) Exposure control plan.--The employer shall include in
their exposure control plan an effective procedure for
identifying and selecting existing needleless systems and
sharps with engineered sharps injury protections and other
methods of preventing bloodborne pathogens exposure.
(2) Sharps injury log.--In addition to the recording of all
injuries from contaminated sharps on the OSHA Occupational
Injuries and Illnesses 200 log or its equivalent, the employer
shall maintain a separate contaminated sharps injury log
containing the following information (to the extent such
information is known to the employer) with regard to each
exposure incident:
(A) Date and time of the exposure incident.
(B) Type and brand of sharp involved in the
exposure incident.
(C) Description of the exposure incident which
shall include--
(i) job classification of the exposed
employee;
(ii) department or work area where the
exposure incident occurred;
(iii) the procedure that the exposed
employee was performing at the time of the
incident;
(iv) how the incident occurred;
(v) the body part involved in the exposure
incident;
(vi) if the sharp had engineered sharps
injury protections--
(I) whether the protective
mechanism was activated, and whether
the injury occurred before the
protective mechanism was activated,
during activation of the mechanism, or
after activation of the mechanism, if
applicable; and
(II) whether the employee received
training on how to use the device
before use, and a brief description of
the training;
(vii) if the sharp had no engineered sharps
injury protections, the injured employee's
opinion as to whether and how such a mechanism
could have prevented the injury, as well as the
basis for the opinion; and
(viii) the employee's opinion about whether
any other engineering, administrative, or work
practice control could have prevented the
injury as well as the basis for the opinion.
(3) Training.--A requirement that all direct care health
care workers shall be provided adequate training on the use of
all needleless systems and sharps with engineered sharps injury
protections which they may be required to use.
SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY.
(a) In General.--The Director of the National Institute for
Occupational Safety and Health shall establish and maintain a national
database on existing needleless systems and sharps with engineered
sharps injury protections.
(b) Evaluation Criteria.--The Director shall develop a set of
evaluation criteria for use by employers, employees, and other persons
when they are evaluating and selecting needleless systems and sharps
with engineered sharps injury protections.
(c) Training.--The Director shall develop a model training
curriculum to train employers, employees, and other persons on the
process of evaluating needleless systems and sharps with engineered
sharps injury protections and shall (to the extent feasible) provide
technical assistance to persons who request such assistance.
(d) Monitoring.--The Director shall establish a national system to
collect comprehensive data on needlestick injuries to healthcare
workers, including data on mechanisms to analyze and evaluate
prevention interventions in relation to needlestick injury occurrence.
In carrying out its duties under this subsection, the National
Institute for Occupational Safety and Health shall have access to
information recorded by employers on the sharps injury log as required
by section 2(b)(2).
(e) Authorization.--There is authorized to be appropriated
$15,000,000 to the National Institute of Occupational Safety and Health
to carry out the requirements of this section.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Bloodborne pathogens.--The term ``bloodborne
pathogens'' means pathogenic microorganisms that are present in
human blood and can cause disease in humans. These pathogens
include hepatitis B virus, hepatitis C virus, and human
immunodeficiency virus.
(2) Contaminated.--The term ``contaminated'' means the
presence or the reasonably anticipated presence of blood or
other potentially infectious materials on an item or surface.
(3) Direct care health care worker.--The term ``direct care
health care worker'' means an employee responsible for direct
patient care with potential occupational exposure to sharps
related injuries.
(4) Employer.--The term ``employer'' means each employer
having an employee with occupational exposure to human blood or
other material potentially containing bloodborne pathogens.
(5) Engineered sharps injury protections.--The term
``engineered sharps injury protections'' means--
(A) a physical attribute built into a needle device
used for withdrawing body fluids, accessing a vein or
artery, or administering medications or other fluids,
that effectively reduces the risk of an exposure
incident by a mechanism such as barrier creation,
blunting, encapsulation, withdrawal, retraction,
destruction, or other effective mechanisms; or
(B) a physical attribute built into any other type
of needle device, or into a nonneedle sharp, which
effectively reduces the risk of an exposure incident.
(6) Needleless system.--The term ``needleless system''
means a device that does not use needles for--
(A) the withdrawal of body fluids after initial
venous or arterial access is established;
(B) the administration of medication or fluids; and
(C) any other procedure involving the potential for
an exposure incident.
(7) Sharp.--The term ``sharp'' means any object used or
encountered in a health care setting that can be reasonably
anticipated to penetrate the skin or any other part of the
body, and to result in an exposure incident, including, but not
limited to, needle devices, scalpels, lancets, broken glass,
broken capillary tubes, exposed ends of dental wires and dental
knives, drills, and burs.
(8) Sharps injury.--The term ``sharps injury'' means any
injury caused by a sharp, including cuts, abrasions, or
needlesticks.
(9) Sharps injury log.--The term ``sharps injury log''
means a written or electronic record satisfying the
requirements of section 2(b)(2).
SEC. 5. APPLICATION TO MEDICARE HOSPITALS.
The Secretary of Health and Human Services shall provide by
regulation that, as a condition of participation under the medicare
program under title XVIII of the Social Security Act of a hospital that
is not otherwise subject to the bloodborne pathogens standard amended
under section 2(a) because it is exempt from regulation by the
Occupational Safety and Health Administration, the hospital shall
comply with the bloodborne pathogen standard amended under section 2(a)
with respect to any employees of the hospital, effective at the same
time as such amended standard would have applied to the hospital if it
had not been so exempt.
SEC. 6. EFFECTIVE DATE.
This Act shall become effective upon the date of its enactment,
except that the Secretary of Labor shall take the action required by
section 2 within one year of such date. | Health Care Worker Needlestick Prevention Act - Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to amend the bloodborne pathogens standard to require that: (1) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (2) non-managerial direct care health care workers of employers participate in the identification and evaluation of such systems and sharps. Provides an exemption where an employer demonstrates that needleless systems and sharps: (1) do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure under certain circumstances in the employer's work facility; or (2) are not commercially available to the employer.
(Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps.
(Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations.
(Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation. | {"src": "billsum_train", "title": "Health Care Worker Needlestick Prevention Act"} | 1,908 | 455 | 0.779468 | 2.60202 | 0.7842 | 4.385749 | 4.159705 | 0.941032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Jordan Defense
Cooperation Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) From the $2,400,000,000 in total United States
multilateral funding for the Syrian humanitarian crisis, the
United States Government has provided $268,000,000 to the
Hashemite Kingdom of Jordan.
(2) As of August 2014, the United Nations High Commissioner
for Refugees estimates there are more than 600,000 registered
Syrian refugees in Jordan.
(3) Jordan estimates that more than 800,000 unregistered
refugees are in Jordan living outside of refugee camps,
assimilated into local communities, which would bring the total
to approximately 1,400,000 Syrian refugees in Jordan.
(4) In February 2014, President Obama announced that the
United States and Jordan will renew the non-binding memorandum
of understanding that was signed in 2008 to provide assistance
to Jordan over a 5-year period that reinforces the commitment
to broaden cooperation and dialogue between the two countries
in a variety of areas.
(5) In 2000, the United States and Jordan signed a free-
trade agreement that went into force in 2001.
(6) In 1996, the United States granted Jordan major non-
NATO ally status.
(7) Jordan is suffering from the Syrian refugee crisis and
the threat of the Islamic State of Iraq and the Levant (ISIL).
(8) The Government of Jordan was elected as a non-permanent
member of the United Nations Security Council beginning in
January 2014 and terminating in December 2015.
(9) Enhanced support for defense cooperation with Jordan is
important to the national security of the United States,
including through creation of a status in law for Jordan
similar to the countries in the North Atlantic Treaty
Organization, Japan, Australia, the Republic of Korea, Israel,
and New Zealand, with respect to consideration by Congress of
foreign military sales to Jordan.
SEC. 3. STATEMENT OF POLICY.
It should be the policy of the United States to support the
Hashemite Kingdom of Jordan in its response to the Syrian refugee
crisis, provide necessary assistance to alleviate the domestic burden
to provide basic needs for the assimilated Syrian refugees, cooperate
with Jordan to combat the terrorist threat from the Islamic State of
Iraq and the Levant (ISIL) or other terrorist organizations, and help
secure the border between Jordan and its neighbors Syria and Iraq.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that expeditious consideration of
certifications of letters of offer to sell defense articles, defense
services, design and construction services, and major defense equipment
to the Hashemite Kingdom of Jordan under section 36(b) of the Arms
Export Control Act (22 U.S.C. 2776(b)) is fully consistent with United
States security and foreign policy interests and the objectives of
world peace and security.
SEC. 5. AMENDMENTS TO ARMS EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(1) in section 3 (22 U.S.C. 2753)--
(A) in subsection (b)(2), by inserting ``the
Government of Jordan,'' before ``or the Government of
New Zealand''; and
(B) in subsection (d)--
(i) in paragraph (2)(B), by inserting ``
Jordan,'' before ``or New Zealand'';
(ii) in paragraph (3)(A)(i), by inserting
`` Jordan,'' before ``or New Zealand''; and
(iii) in paragraph (5), by inserting ``
Jordan,'' before ``or New Zealand'';
(2) in section 21 (22 U.S.C. 2761)--
(A) in subsection (e)(2)(A), by inserting ``
Jordan,'' before ``or New Zealand''; and
(B) in subsection (h)--
(i) in paragraph (1)(A), by inserting ``
Jordan,'' before ``or Israel''; and
(ii) in paragraph (2), by inserting ``
Jordan,'' before ``or Israel'' both places it
appears;
(3) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``
Jordan,'' before `` or New Zealand'';
(ii) in paragraph (2), by inserting ``
Jordan,'' before ``or New Zealand''; and
(iii) in paragraph (6), by inserting ``
Jordan,'' before ``or New Zealand'';
(B) in subsection (c), by inserting `` Jordan,''
before ``or New Zealand'' both places it appears; and
(C) in subsection (d)(2)(A), by inserting ``
Jordan,'' before ``or New Zealand'';
(4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by
inserting `` Jordan,'' before ``or New Zealand''; and
(5) in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), by
inserting `` Jordan,'' before ``or New Zealand''.
SEC. 6. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.
Section 656(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2416(a)(2)) by inserting ``Jordan,'' before ``or New Zealand''.
SEC. 7. MEMORANDUM OF UNDERSTANDING.
(a) In General.--The Secretary of State is authorized, subject to
the availability of appropriations, to enter into a Memorandum of
Understanding with Jordan to increase military cooperation, including
joint military exercises, personnel exchanges, support for
international peacekeeping missions, and enhanced strategic dialogue.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) not less than $1,000,000,000
for each of the fiscal years 2015 through 2019.
SEC. 8. FOREIGN MILITARY FINANCING PROGRAM.
Amounts made available under the Foreign Military Financing (FMF)
program estimated to be outlayed for Jordan during each of the fiscal
years 2015 through 2019 shall be disbursed to an interest-bearing
account for Jordan in the Federal Reserve Bank of New York not later
than 30 days of the date of the enactment of this Act provided that--
(1) withdrawal of funds from such account shall be made
only on authenticated instructions from the Defense Finance and
Accounting Service of the Department of Defense;
(2) in the event such account is closed, the balance of the
account shall be transferred promptly to the appropriations
account for the Foreign Military Financing Program; and
(3) none of the interest accrued by such account should be
obligated unless the Committee on Appropriations and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Appropriations and the Committee on
Foreign Relations of the Senate are notified. | United States-Jordan Defense Cooperation Act of 2014 - Expresses the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Hashemite Kingdom of Jordan is fully consistent with U. S. security and foreign policy interests and the objectives of world peace and security. Amends the Arms Export Control Act to include Jordan among the countries eligible for certain streamlined defense sales. Amends the Foreign Assistance Act of 1961 to include Jordan among the countries not required to be included in the annual foreign military training report submitted by the Department of Defense (DOD) and the Department of State to Congress. Authorizes the Secretary of State to enter into a Memorandum of Understanding with Jordan to increase military cooperation, including joint military exercises, personnel exchanges, support for international peacekeeping missions, and enhanced strategic dialogue. Makes specified funds for the foreign military financing funds program available for Jordan, subject to certain requirements. | {"src": "billsum_train", "title": "United States-Jordan Defense Cooperation Act of 2014"} | 1,592 | 216 | 0.593185 | 1.778895 | 0.773941 | 5.2 | 7.632432 | 0.875676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mount Pleasant National Scenic Area
Act''.
SEC. 2. PURPOSES.
The purposes of this Act with respect to the Mount Pleasant
National Scenic Area are to--
(1) ensure appropriate protection and preservation of the
scenic quality, water quality, natural characteristics, and
water resources;
(2) protect and manage vegetation to provide wildlife and
fish habitat, consistent with paragraph (1) above;
(3) provide areas that may develop characteristics of old-
growth forests; and
(4) provide a variety of recreation opportunities that are
not inconsistent with the purposes set forth above.
SEC. 3. ESTABLISHMENT OF THE NATIONAL SCENIC AREA.
(a) In General.--(1) There is hereby established in the George
Washington National Forest, Virginia, the Mount Pleasant National
Scenic Area (hereinafter referred to in this Act as the ``scenic
area'').
(2) The scenic area shall consist of certain lands in the George
Washington National Forest, Virginia, which comprise seven thousand
five hundred and eighty acres, more or less, as generally depicted on a
map entitled ``Mount Pleasant National Scenic Area--Proposed'', dated
June 21, 1993.
(b) Administration.--The Secretary of Agriculture, (hereinafter
referred to in this Act as the ``Secretary'') shall administer the
scenic area in accordance with this Act and the laws and regulations
generally applicable to the National Forest System. In the event of
conflict between this Act and other laws and regulations, this Act
shall take precedence.
(c) Roads.--After the date of enactment of this Act, no new
permanent roads shall be constructed within the scenic area: Provided,
That this provision shall not be construed to deny access to private
lands or interests therein in the scenic area.
(d) Vegetation Management.--No timber harvest shall be allowed
within the scenic area, except as may be necessary in the control of
fire, insects, and diseases and to provide for public safety and trail
access. Notwithstanding the foregoing, the Secretary may engage in
vegetation manipulation practices for maintenance of existing wildlife
clearings and visual quality. Firewood may be harvested for personal
use along perimeter roads under such conditions as the Secretary may
impose.
(e) Motorized Travel.--Motorized travel shall be allowed on State
Route 635 and on Forest Development Road 51, such Road 51 shall be
subject to those motorized travel conditions the Secretary may impose.
Other than as provided above, motorized travel shall not be permitted
within the scenic area, except that such travel may be permitted within
the area as necessary for administrative use in furtherance of the
purposes of this Act and on temporary routes in support of wildlife
management projects.
(f) Fire.--Wildfires shall be suppressed in a manner consistent
with the purposes of this Act, using such means as the Secretary deems
appropriate.
(g) Insects and Disease.--Insect and disease outbreaks may be
controlled in the scenic area to maintain scenic quality, prevent tree
mortality, reduce hazards to visitors or to protect private lands.
(h) Water.--The scenic area shall be administered so as to maintain
or enhance existing water quality.
(i) Maps and Descriptions.--As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and boundary
description of the scenic area with the Committee on Agriculture,
Nutrition, and Forestry of the United States Senate and the Committee
on Agriculture of the United States House of Representatives. The map
and description shall have the same force and effect as if included in
this Act, except that the Secretary is authorized to correct clerical
and typographical errors in such boundary description and map. Such map
and boundary description shall be on file and available for public
inspection in the Office of the Chief of the Forest Service, Department
of Agriculture. In the case of any discrepancy between the acreage and
the map description in subsection (a)(2), the map shall control.
(j) Management Plan.--Within three years of enactment of this Act,
the Secretary shall develop a management plan for the scenic area as an
amendment to the Land and Resource Management Plan for the George
Washington National Forest. Such an amendment shall conform to the
provisions of this Act. Nothing in this Act shall require the Secretary
to revise the Land and Resource Management Plan for the George
Washington National Forest pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974.
(k) Withdrawal.--Subject to valid existing rights, all federally
owned lands within the scenic area are hereby withdrawn from
disposition under the mining, mineral, and geothermal leasing laws,
including all amendments thereto. | Mount Pleasant National Scenic Area Act - Establishes in the George Washington National Forest, Virginia, the Mount Pleasant National Scenic Area.
Sets forth provisions regarding: (1) administration of the Area; (2) roads; (3) vegetation management; (4) motorized travel; (5) fire; (6) insects and disease; and (7) water.
Directs the Secretary of Agriculture to develop a management plan for the Area.
Withdraws all federally-owned lands within the Area from disposition under the mining, mineral, and geothermal leasing laws. | {"src": "billsum_train", "title": "Mount Pleasant National Scenic Area Act"} | 1,055 | 116 | 0.556656 | 1.504341 | 0.5776 | 3.758929 | 8.535714 | 0.901786 |
SECTION 1. TEACHER RECRUITMENT.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
is amended--
(1) in chapter 3, by redesignating section 407E (20 U.S.C.
1070a-35) as section 406E; and
(2) by inserting after such chapter 3 the following new
chapter:
``CHAPTER 4--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT
``SEC. 407A. SHORT TITLE; FINDINGS.
``(a) Short Title.--This chapter may be cited as the `Recruit and
Reward Future Math and Science Teachers of America Act of 2001'.
``(b) Findings.--Congress finds the following:
``(1) United States high school students rate 16th and
19th, respectively, in science and math out of 21 countries.
``(2) Of United States high school students who take math
courses, 22 percent are taught by teachers who did not prepare
in that field.
``(3) Of United States high school students who take
biology courses, 24 percent are taught by teachers who did not
prepare in that field.
``(4) Of United States high school students who take
chemistry courses, 30 percent are taught by teachers who did
not prepare in that field.
``(5) Of United States high school students who take
physics courses, 56 percent are taught by teachers who did not
prepare in that field.
``(6) Teachers' knowledge and skills powerfully influence
student learning.
``(7) More than 2,000,000 teachers will need to be hired
over the next decade.
``(8) The ability of the United States to place highly
qualified math and science teachers specializing in their field
of instruction will depend on proactive policies that increase
funding for teacher training, recruitment, and induction.
``SEC. 407B. PURPOSE; APPROPRIATIONS AUTHORIZED.
``(a) Purpose.--It is the purpose of this chapter to make grants
available, through a pilot program, to eligible institutions described
in section 407C, to enable such institutions to provide 500 scholarship
awards to outstanding students enrolled in an accredited teacher
training graduate program who are committed to pursuing careers
teaching math and science at an urban or rural secondary level
classroom.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this chapter $5,000,000 in each of the fiscal
years 2002, 2003, and 2004.
``SEC. 407C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.
``(a) Scholarship Designation.--Funds made available under this
chapter shall be designated as the `National Math and Science Teacher
Scholarships'.
``(b) Selection Criteria.--The Secretary of Education may award
funds for National Math and Science Teacher Scholarships on a
competitive basis to qualifying institutions of higher education that
have graduate programs in teacher training. The Secretary may not
provide any individual institution of higher education with more than
$100,000 per academic year for the purpose of the National Math and
Science Teacher Scholarships. An institution applying for such
scholarships may only be eligible to receive funds if such institution
is ranked by the Secretary in the top 25 percent of schools in the
State in which the institution is located with the highest percentage
of graduates passing the State teacher qualification assessment for new
teachers. Notwithstanding the preceding sentence, if there are fewer
than 4 such institutions in a State, only the institution with the
highest percentage of such graduates shall be eligible to receive
funding.
``(c) Priorities.--The Secretary shall give priority to eligible
institutions that meet 1 or more of the following criteria:
``(1) Provide a year long internship program in a
professional development school.
``(2) Provide mentoring programs for novice teachers in
their first 3 years.
``(3) Demonstrate a history of placing graduates in rural
and urban schools.
``(4) Demonstrate that there is a high retention rate of
teachers that the institution places in teaching positions.
``SEC. 407D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.
``An individual may be eligible for a National Math and Science
Teacher Scholarship only if such individual--
``(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
``(2) is majoring in a physical or life science or
mathematics graduate teacher training program;
``(3) is enrolled in a higher education institution that--
``(A) is ranked by the Secretary in the top 25
percent of schools in the State in which the
institution is located with the highest percentage of
graduates passing the State teacher qualification
assessment for new teachers; or
``(B) if there are fewer than 4 such institutions
in a State, is the institution with the highest
percentage of such graduates; and
``(4) is willing to teach math or science in a rural or
urban public secondary school for no less than 3 full academic
years.
``SEC. 407E. SCHOLARSHIP AMOUNT.
``(a) Amount of Award.--
``(1) In general.--The amount of a scholarship awarded by
participating teacher training graduate programs under this
chapter for any academic year shall be $10,000 per student,
except that in no case shall the total amount of the
scholarship exceed the total cost of attendance.
``(2) Insufficient funds.--In any fiscal year in which the
amount appropriated to carry out this chapter is insufficient
to award 500 scholarships, the Secretary shall reduce the
number of awards to eligible institutions.
``(b) Assistance Not To Exceed Cost of Attendance.--No individual
shall receive an award under this chapter in any academic year which
exceeds the cost of attendance. A scholarship awarded under this
chapter shall not be reduced on the basis of the student's receipt of
other forms of Federal student financial assistance.
``SEC. 407F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS.
``(a) Agreement.--Recipients of the National Math and Science
Teachers Scholarships shall agree to teach in an urban or rural public
secondary school for no less than 3 full academic years.
``(b) Repayment for Failure To Fulfill Agreement.--Any recipients
of a Scholarship found by the Secretary to be in noncompliance with the
agreement entered into under subsection (a) of this section shall be
required to repay a pro rata amount of the scholarship awards received,
plus interest and, where applicable, reasonable collection fees, on a
schedule and at a rate of interest prescribed by the Secretary by
regulations.
``SEC. 407G. EXCEPTIONS TO REPAYMENT PROVISIONS.
``An individual recipient of a Scholarship under this chapter shall
not be considered in violation of the agreement entered into pursuant
to section 407F during any period in which the recipient--
``(1) is pursuing a full-time course of study in math and
science at an accredited institution;
``(2) is serving, not in excess of 3 years, as a member of
the armed services of the United States;
``(3) is temporarily disabled for a period of time not to
exceed 3 years as established by sworn affidavit of a qualified
physician;
``(4) is seeking and unable to find full-time employment
for a single period not to exceed 12 months;
``(5) is seeking and unable to find full-time employment as
a math and science teacher in a public or private nonprofit
elementary or secondary school or education program for a
single period not to exceed 27 months;
``(6) satisfies the provision of additional repayment
exceptions that may be prescribed by the Secretary in
regulations issued pursuant to this section; or
``(7) is permanently totally disabled, as established by
sworn affidavit of a qualified physician.
``SEC. 407H. REPORT TO CONGRESS.
``Three years after the date on which funds are first made
available to carry out this chapter, the Secretary of Education shall
submit a report to Congress evaluating the success of the National Math
and Science Teacher Scholarships pilot program in recruiting math and
science teachers to teach in America's public secondary schools.''. | Recruit and Reward Future Math and Science Teachers of America Act of 2001 - Amends the Higher Education Act of 1965 to establish the National Math and Science Teacher Scholarships pilot program to recruit and train future secondary school mathematics and science teachers.Authorizes the Secretary of Education to award competitive grants to higher education institutions with graduate programs in teacher training to make such scholarships to outstanding students enrolled in such programs who are committed to pursuing careers in secondary school mathematics and science teaching.Makes institutions eligible only if they are ranked by the Secretary in the top 25 percent of schools in their States with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Gives priority to institutions with one or more of the following: (1) a year-long internship program in a professional development school; (2) mentoring programs for novice teachers in their first three years; (3) a history of placing graduates in rural and urban schools; and (4) a high retention rate of teachers that the institution places in teaching positions.Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation, with specified exceptions. | {"src": "billsum_train", "title": "To ensure excellent recruitment and training of math and science teachers at institutions of higher education."} | 1,805 | 264 | 0.604634 | 1.726265 | 0.894861 | 4.471545 | 6.800813 | 0.95122 |
SECTION 1. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``hazardous substance research centers'' means
the hazardous substance research centers described in section
311(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)).
Such term shall include the Great Plains and Rocky Mountain
Hazardous Substance Research Center, the Northeast Hazardous
Substance Research Center, the Great Lakes and Mid-Atlantic
Hazardous Substance Research Center, the South and Southwest
Hazardous Substance Research Center, and the Western Region
Hazardous Substance Research Center.
(3) The term ``hazardous waste'' means--
(A) waste listed as hazardous waste pursuant to
subtitle C of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.);
(B) radioactive waste; and
(C) mixed waste.
(4) The term ``mixed waste'' means waste that contains a
mixture of waste described in subparagraphs (A) and (B) of
paragraph (3).
(5) The term ``qualified individuals'' means qualified
military personnel and qualified Department of Energy
personnel.
(6) The term ``qualified Department of Energy personnel''
means individuals who, during the 5-year period preceding the
date of the enactment of this Act, have been employed by the
Department of Energy and have been involved in the production
of nuclear weapons, and whose employment at the Department of
Energy during such 5-year period was scheduled for termination
as a result of a significant reduction or modification in the
programs or projects of the Department of Energy. Such term
shall not include any employee who terminates employment by
taking early retirement or who otherwise voluntarily terminates
employment.
(7) The term ``qualified military personnel'' means members
and former members of the Armed Forces of the United States who
have training in site remediation, site characterization, waste
management, waste reduction, recycling, engineering, or
positions related to environmental engineering or basic
sciences (including training for management positions). Such
term shall not include any former member of the Armed Forces
whose service in the Armed Forces was terminated by dismissal
(in the case of a former officer) or by discharge with a
dishonorable discharge or a bad conduct discharge (in the case
of a former enlisted member).
(8) The term ``radioactive waste'' means solid, liquid, or
gaseous material that contains radionuclides regulated under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of
negligible economic value (considering the cost of recovery).
SEC. 2. EDUCATION AND TRAINING PROGRAM.
(a) In General.--
(1) Establishment of program.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Administrator,
in consultation with the Secretaries of Energy and
Defense, shall establish an education and training
program for qualified individuals in order to enable
such individuals to acquire career training in
environmental engineering, environmental sciences, or
environmental project management in fields related to
hazardous waste management and cleanup.
(B) Development of academic program.--In carrying
out the program, the Administrator, in consultation
with the Secretaries of Energy and Defense, shall
develop and implement an academic program for qualified
individuals at institutions of higher education at both
undergraduate and graduate levels, and which may lead
to the awarding of an academic degree or a
certification that is supplemental to an academic
degree.
(2) Program activities.--
(A) In General.--The program established pursuant
to paragraph (1) may include educational activities and
training related to--
(i) site remediation;
(ii) site characterization;
(iii) hazardous waste management (including
such specialized activities and training
relating specifically to radioactive waste as
the Administrator determines to be
appropriate);
(iv) hazardous waste reduction (including
such specialized activities and training
relating specifically to radioactive waste as
the Administrator determines to be
appropriate);
(v) recycling;
(vi) process and materials engineering;
(vii) training for positions related to
environmental engineering, environmental
sciences, or environmental project management
(including training for management positions);
and
(viii) environmental engineering with
respect to the construction of facilities to
address the items described in clauses (i)
through (vii).
(B) Educational activities.--The program
established pursuant to paragraph (1) shall include
educational activities designed for personnel
participating in a program to achieve specialization in
the following fields:
(i) Earth sciences.
(ii) Chemistry.
(iii) Chemical Engineering.
(iv) Environmental engineering.
(v) Statistics.
(vi) Toxicology.
(vii) Industrial hygiene.
(viii) Health physics.
(ix) Environmental project management.
(x) Any other field that the Administrator
determines to be appropriate.
(b) Grant Program.--
(1) In general.--From the amounts made available under
subsection (c), the Administrator shall award grants to the
hazardous substance research centers to pay the Federal share
of carrying out the development and implementation of the
academic program described in subsection (a).
(2) Grant awards.--The Federal share of each grant awarded
under this subsection shall be 100 percent.
(c) Funding.--
(1) Environmental protection agency.--
(A) In general.--Subject to the limitation
described in subparagraph (B), 50 percent of the cost
of carrying out this section shall be funded from
amounts made available for fiscal year 1993 to the
Environmental Protection Agency pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts made available for fiscal year 1993 to the
Environmental Protection Agency pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be
used to carry out this section.
(C) Special rule.--Amounts provided under this
paragraph to hazardous substance research centers shall
be used to supplement and not supplant other funds
provided to such centers by the Environmental
Protection Agency.
(2) Department of defense.--
(A) In general.--Subject to the limitation
described in subparagraph (B), 25 percent of the cost
of carrying out this section shall be funded from
amounts appropriated for fiscal year 1993 to the
Defense Environmental Restoration Account established
in section 2703 of title 10, United States Code.
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts appropriated for fiscal year 1993 to the
Defense Environmental Restoration Account may be used
to carry out this section.
(C) Transfer.--The Secretary of Defense shall
transfer an amount determined in accordance with
subparagraphs (A) and (B) to the Environmental
Protection Agency, pursuant to the authority granted
the Secretary under section 2703 of title 10, United
States Code.
(3) Department of energy.--
(A) In General.--Subject to the limitation
described in subparagraph (B), 25 percent of the cost
of carrying out this section shall be funded from
amounts made available for fiscal year 1993 to the
Department of Energy for the purpose of environmental
cleanup.
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts made available for fiscal year 1993 to the
Department of Energy may be used to carry out this
section.
(C) Transfer.--The Secretary of Energy shall
transfer an amount determined in accordance with
subparagraphs (A) and (B) to the Environmental
Protection Agency.
(D) Special rule.--Amounts provided under this
paragraph to hazardous substance research centers shall
be used to supplement and not supplant other funds
provided to such centers by the Department of Energy. | Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a program for qualified military and Department of Energy (DOE) personnel to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup; and (2) implement, as part of such program, an academic program at institutions of higher education at undergraduate and graduate levels.
Requires the Administrator to award grants to the hazardous substance research centers described under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to pay the full cost of the academic program.
Provides funding for the program, subject to certain limitations, from amounts allocated for: (1) the EPA under CERCLA; (2) the Defense Environmental Restoration Account; and (3) DOE environmental cleanup activities. | {"src": "billsum_train", "title": "A bill to authorize the Administrator of the Environmental Protection Agency to establish a program to provide career training through the hazardous substance research center program of the Environmental Protection Agency to qualified military personnel and qualified Department of Energy personnel in order to enable such individuals to acquire proficiency in hazardous and radioactive waste management, and for other purposes."} | 1,738 | 170 | 0.487755 | 1.436709 | 0.950255 | 3.282353 | 9.7 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Security Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The tragic events of September 11, 2001, placed an
enormous strain on the communications network in New York City,
New York and Washington, District of Columbia. Officials from
both cities struggled to communicate and coordinate among the
various emergency response teams dispatched to ``Ground Zero''
and the Pentagon. These events uncovered manifest structural
weaknesses in the communications infrastructure of the United
States.
(2) The 9/11 Commission Report states that our Nation
remains largely unprepared to communicate effectively in the
event of another attack or natural catastrophe.
(3) The massive communications failures associated with
Hurricane Katrina illustrate the continuing inadequacies of our
communications systems in times of crisis.
(4) Despite heroic efforts by public officials and
communications industry personnel, the failure of our
communications network to persevere in the face of a
catastrophic hurricane severely hampered post-storm recovery
efforts.
(5) A comprehensive effort must be undertaken to deal with
the communications challenges faced by our Nation, including
short-term and long-term steps that can be taken to improve the
interoperable communications and emergency response capability
within the United States.
(6) There is an immediate need for the development and
deployment of an emergency back-up communications system to
enhance the Nation's emergency response capabilities.
Deployment of an emergency back-up communications system should
be a priority of the United States.
(7) The deployment of such a system is a critical first
step in enhancing the overall communications infrastructure.
Other required improvements will need to be made in such areas
as training, personnel, equipment, software, and services for
local governments, and assistance with capital expenses.
Supporting and enhancing ongoing efforts in this regard is an
important goal.
SEC. 3. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.
(a) Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), as amended by section 4, is further amended by adding at the end
the following:
``SEC. 317. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.
``(a) In General.--Not later than 180 days after the date of
enactment of the Communications Security Act of 2005, the Secretary, in
conjunction with the Federal Communications Commission, shall evaluate
the technical feasibility of creating a back-up emergency
communications system that complements existing communications
resources and takes into account next generation and advanced
telecommunications technologies. The overriding objective for the
evaluation shall be providing a framework for the development of a
resilient interoperable communications system for emergency responders
in an emergency. In conducting that evaluation, the Secretary shall
evaluate all reasonable options, including satellites, wireless, and
terrestrial-based communications systems and other alternative
transport mechanisms that can be used in tandem with existing
technologies.
``(b) Components.--The back-up system shall include--
``(1) reliable means of emergency communications; and
``(2) if necessary, handsets, desktop communications
devices, or other appropriate devices for each public safety
entity.
``(c) Factors to Be Evaluated.--The evaluation under subsection (a)
shall include--
``(1) a survey of all Federal agencies that use terrestrial
or satellite technology for communications security and an
evaluation of the feasibility of using existing systems for
purposes creating such an emergency back-up medical facility
public safety communications system;
``(2) the feasibility of using private satellite, wireless,
or terrestrial networks for emergency communications;
``(3) the technical options, cost, and deployment methods
of software, equipment, handsets or desktop communications
devices for public safety entities in major urban areas, and
nationwide; and
``(4) the feasibility and cost of necessary changes to the
network operations center of terrestrial-based or satellite
systems to enable the centers to serve as an emergency back-up
communications systems.
``(d) Report.--Upon the completion of the evaluation under
subsection (a), the Secretary shall submit a report to Congress that
details the findings of the evaluation, including a full inventory of
existing public and private resources most efficiently capable of
providing emergency communications.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``(f) Expedited Funding Option and Implementation Strategy.--If, as
a result of the evaluation conducted under subsection (a), the
Secretary determines that the establishment of such a back-up system is
feasible then the Secretary shall request appropriations for the
deployment of such a back-up communications system not later than 90
days after submission of the report under subsection (d).''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002, as amended by section 4, is amended by inserting
after the item relating to section 316 the following:
``Sec. 317. Emergency communications back-up system.''. | Communications Security Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, in conjunction with the Federal Communications Commission (FCC), to: (1) evaluate the technical feasibility of creating a backup emergency communications system that complements existing communications resources and takes into account next-generation and advanced telecommunications technologies; and (2) report evaluation findings to Congress. | {"src": "billsum_train", "title": "A bill to provide for the development and implementation of an emergency backup communications system."} | 1,099 | 80 | 0.557163 | 1.429677 | 0.644978 | 3.533333 | 14.106667 | 0.946667 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Abandoned Hardrock
Mines Reclamation Funding Act''.
(b) Findings.--The Congress finds the following:
(1) Through various laws and policies, including the Act of
May 10, 1872 (commonly known as the General Mining Law of 1872;
30 U.S.C. 22 et seq.), the Federal Government has encouraged
the development of gold, silver, and other mineral resources,
especially in the western States, and development of these
resources has helped create a strong economy and provided
needed materials for many critical products and services.
(2) However, historically mining activities have occurred
in recurrent cycles of ``boom'' followed by ``bust'', with many
mines left inactive or abandoned at the end of each cycle.
(3) As a result of this history, the United States has been
left an unwelcome legacy of inactive or abandoned mines,
including thousands of such mines in the western States.
(4) Many of these inactive or abandoned mines pose safety
hazards to the public, and the drainage and runoff from such
mines has damaged thousands of stream miles to the detriment of
water quality, particularly in several western States.
(5) The environmental cleanup of these inactive or
abandoned mines is hampered by lack of funding. Federal and
State agencies and Indian tribes are often unable to afford to
make cleanup of these mine sites a high priority.
(6) It is in the national interest to facilitate the
cleanup of inactive or abandoned mines through appropriate
legislation that reduces this obstacle.
(c) Purpose.--The purpose of this Act is to facilitate cleanup of
inactive and abandoned mine sites by establishing a source of funding
for that purpose.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``gross proceeds'' means the value of any
extracted hardrock mineral that was--
(A) sold;
(B) exchanged for any thing or service;
(C) removed from the country in a form ready for
use or sale; or
(D) initially used in a manufacturing process or in
providing a service.
(2) The term ``net proceeds'' means gross proceeds less the
sum of the following deductions:
(A) The actual cost of extracting the mineral.
(B) The actual cost of transporting the mineral to
the place or places of reduction, refining, and sale.
(C) The actual cost of reduction, refining, and
sale.
(D) The actual cost of marketing and delivering the
mineral and the conversion of the mineral into money.
(E) The actual cost of maintenance and repairs of--
(i) all machinery, equipment, apparatus,
and facilities used in the mine;
(ii) all milling, refining, smelting and
reduction works, plants and facilities; and
(iii) all facilities and equipment for
transportation.
(F) The actual cost of fire insurance on such
machinery, equipment, apparatus, works, plants, and
facilities.
(G) Depreciation of the original capitalized cost
of such machinery, equipment, apparatus, works, plants,
and facilities.
(H) All money expended for premiums for industrial
insurance, and the actual cost of hospital and medical
attention and accident benefits and group insurance for
all employees.
(I) The actual cost of developmental work in or
about the mine or upon a group of mines when operated
as a unit.
(J) All royalties and severance taxes paid to the
Federal Government or State governments.
(3) The term ``hardrock minerals'' means any mineral other
than a mineral that would be subject to disposition under any
of the following laws if located on land subject to the general
mining laws:
(A) The Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(B) The Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).
(C) The Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 et seq.).
(D) The Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``patented mining claim'' means an interest in
land which has been obtained pursuant to sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, or
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims.
(6) The term ``general mining laws'' means those provisions
of law that generally comprise chapters 2, 12A, and 16, and
sections 161 and 162, of title 30, United States Code.
(7) The term ``Fund'' means the Abandoned Minerals Mine
Reclamation Fund.
SEC. 3. SOURCE OF REVENUES FOR ABANDONED MINE CLEANUP.
(a) Reclamation Fee.--
(1) Fee imposed.--Any person producing hardrock minerals
from a mine within an unpatented mining claim or a mine on land
that was patented under the general mining laws shall pay a
reclamation fee to the Secretary under this section.
(2) Fee as percentage of net proceeds.--The amount of the
fee under this section shall be equal to a percentage of the
net proceeds derived from the mine. The percentage shall be
based upon the ratio of the net proceeds to the gross proceeds
related to mineral production from the mine in accordance with
the following table:
Net proceeds as percentage Rate of fee as percentage
of gross proceeds of net proceeds
Less than 10........................................... 2.00
10 or more but less than 18............................ 2.50
18 or more but less than 26............................ 3.00
26 or more but less than 34............................ 3.50
34 or more but less than 42............................ 4.00
42 or more but less than 50............................ 4.50
50 or more............................................. 5.00
(b) Exemption.--Gross proceeds of less than $500,000 from minerals
produced in any calendar year shall be exempt from the reclamation fee
under this section for that year if such proceeds are from one or more
mines located in a single patented claim or on two or more contiguous
patented claims.
(c) Payment.--The amount of all fees payable under this section for
any calendar year shall be paid to the Secretary within 60 days after
the end of such year.
(d) Deposit of Revenues.--The Secretary shall deposit amounts
received under subsection (c) in the Abandoned Minerals Mine
Reclamation Fund.
(e) Relation to State Fees.--Nothing in this Act shall be construed
to require a reduction in, or otherwise affect, a similar fee provided
for under State law.
(f) Reduction of Fees.--The Secretary shall reduce a fee required
by this section by an amount equal to a royalty paid pursuant to an Act
of Congress that provides for crediting to the Fund of royalties paid
to the Secretary with respect to production of hardrock minerals.
(g) Effective Date.--This section shall take effect with respect to
hardrock minerals produced after December 31, 2004, except that
subsection (f) shall take effect one year after the date of the
enactment of the law described in such subsection.
SEC. 4. ABANDONED MINERALS MINE RECLAMATION FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund to be known as the
Abandoned Minerals Mine Reclamation Fund. The Fund shall be
administered by the Secretary.
(2) Investment.--The Secretary shall notify the Secretary
of the Treasury as to what portion of the Fund is not, in the
Secretary's judgment, required to meet current withdrawals. The
Secretary of the Treasury shall invest such portion of the Fund
in public debt securities with maturities suitable for the
needs of such Fund and bearing interest at rates determined by
the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketplace obligations of
the United States of comparable maturities. The income on such
investments shall be credited to, and form a part of, the Fund.
(3) Administration.--The Secretary shall use the existing
Federal program for abandoned mine reclamation authorized by
title IV of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231 et seq.) to administer the Fund and for
making expenditures from the Fund.
(b) Use and Objectives of the Fund.--
(1) In general.--Amounts in the Fund shall be available to
the Secretary, without further appropriation and until
expended, to perform or support reclamation and restoration
activities affecting eligible areas, including any of the
following:
(A) Reclamation and restoration of abandoned
surface mined areas.
(B) Reclamation and restoration of abandoned
milling and processing areas.
(C) Sealing, filling, and grading abandoned deep
mine entries.
(D) Planting of land adversely affected by past
mining to prevent erosion and sedimentation.
(E) Prevention, abatement, treatment, and control
of water pollution created by abandoned mine drainage.
(F) Control of surface subsidence due to abandoned
deep mines.
(2) Methods of use.--Subject to the special disbursement
requirements of subsection (g), amounts in the Fund may be
expended directly by the Secretary or by making grants to
approved State reclamation programs, as described in subsection
(d). The Secretary shall consult and coordinate with eligible
States on those projects funded directly or in conjunction with
other Federal agencies.
(c) Eligible Areas.--Reclamation expenditures under this section
shall be made only in States described in subsection (e) and shall be
used only for the reclamation of lands (and related waters)--
(1) that were, but are no longer, actively mined for
hardrock minerals (and not in temporary shutdown) as of the
date of the enactment of this Act;
(2) that are not identified for remedial action under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and for which
there is no identifiable owner or operator for the mine or mine
facilities;
(3) that are not designated for remedial action pursuant to
the Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7901 et seq.); and
(4) for which no evidence exists that the lands contain
minerals that economically could be extracted through the
mining, reprocessing, or remining of the lands.
(d) Eligible States.--
(1) Eligibility requirements.--Except as provided in
paragraph (2), expenditures from the Fund shall be made only
for reclamation of lands and water in States that--
(A) contain lands subject to the general mining
laws; and
(B) have completed a statewide inventory of
abandoned hardrock sites within the State eligible to
receive funding under this Act.
(2) Inventory funding.--A State that contains lands subject
to the general mining laws, but that has not completed a
statewide inventory as described in paragraph (1)(B), may
receive grants not exceeding $2,000,000 annually to assist in
the completion of the required inventory.
(3) Approved state reclamation programs.--In the case of a
State described in paragraph (1), the Secretary may make
expenditures from the Fund to the State for a State reclamation
program that meets the requirements of section 405 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1235) and is applicable to hardrock mining.
(4) States without approved programs.--If a State described
in paragraph (1) does not have an approved State program under
section 405 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1235) that is applicable to hardrock mining,
the Secretary may provide funds to the State after the
Secretary determines that the State has authority to implement
a hardrock abandoned mine land program, and that State
authority, at a minimum, includes the establishment of a State
reclamation plan for abandoned hardrock mines and clear
authorization for the administration and expenditure of funds
for eligible areas described in subsection (c).
(e) Priorities.--Expenditures from the Fund shall reflect the
following priorities, in the following order of priority:
(1) Extreme danger.--Protection of public health, safety,
general welfare, and property from extreme danger of adverse
effects of past mining activity.
(2) Adverse effects.--Protection of public health, safety,
general welfare, and property from the adverse effects of past
mineral activity, including the restoration of land, water, and
fish and wildlife resources degraded by the adverse effects of
past mining activity.
(f) Eligible Remediating Parties.--The Secretary may authorize
expenditures from the Fund for remediation activities conducted by a
Federal agency or by remediating parties who are permittees under the
abandoned or inactive mine land waste remediation permit program, as
provided for in section 402(r) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(r)).
(g) Special Disbursement Requirements.--
(1) Set-aside.--Of the funds collected under section 3 with
regard to a mine for a calendar year and deposited in the
Fund--
(A) 25 percent shall be expended in the eligible
State in which the mine is located, pursuant to an
approved abandoned mine land reclamation program under
subsection (d)(3); and
(B) 50 percent shall be expended in the eligible
States based on each eligible State's percentage of the
value of total national hardrock mineral production
during the years 1900 through 1980, which the Secretary
shall determine using United States Geological Survey
Minerals Yearbooks and published metal prices.
(2) Release.--If funds allocated pursuant to paragraph
(1)(A) have not been expended within three years after
collection, the Secretary shall make such funds available to
other eligible States as determined appropriate by the
Secretary. | Abandoned Hardrock Mines Reclamation Funding Act - Requires any person producing hardrock minerals from a mine within an unpatented mining claim or a mine on land that was patented under the general mining laws to pay a reclamation fee to the Secretary of the Interior.
Requires the fee amount to be equal to a percentage of the net proceeds derived from the mine, with the percentage based upon the ratio of the net proceeds to the gross proceeds related to mineral production in accordance with a specified table. Exempts gross proceeds of less than $500,000 from minerals produced in any calendar year from the fee for that year if such proceeds are from mines located in a single patented claim or on two or more contiguous patented claims.
Requires the Secretary to: (1) deposit amounts received into the Abandoned Minerals Mine Reclamation Fund (established by this Act); and (2) reduce a fee required by this Act by an amount equal to a royalty paid pursuant to an Act of Congress that provides for crediting to the Fund royalties paid to the Secretary regarding hardrock mineral production.
Lists permissible uses of the Fund, including: (1) the reclamation and restoration of abandoned surface mined areas; (2) the planting of land adversely affected by past mining to prevent erosion and sedimentation; (3) the prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage; and (4) the control of surface subsidence due to abandoned deep mines. | {"src": "billsum_train", "title": "To provide a source of funding for the reclamation of abandoned hardrock mines, and for other purposes."} | 3,187 | 327 | 0.550563 | 1.720125 | 0.785012 | 5.802867 | 10.315412 | 0.964158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plymouth 400th Anniversary
Commemorative Coin Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the United States is poised for an anniversary of
national and international significance, the 400th anniversary
of the Mayflower voyage and the founding of Plymouth Colony;
(2) the Plymouth 400 anniversary will highlight the
cultural contributions and United States traditions that began
with the interaction of the indigenous Wampanoag and English
peoples, a story that significantly shaped the building of the
United States;
(3) the settlers, some known as Pilgrims, and their ship
the Mayflower, have come to represent national and
international symbols of freedom and law;
(4) the indigenous Wampanoag people, and their interaction
with the Pilgrims, created an important legacy through their
assistance and association, including participation in the
shared harvest feast, ``The First Thanksgiving'', which serves
as the indelible icon for the Thanksgiving holiday in the
Untied States;
(5) the ``Mayflower Compact'', signed near Provincetown off
the coast of Cape Cod before landing in Plymouth, was the
colonial cornerstone for self-governance in the New World and
had a profound influence on later developments related to the
Constitution of the United States and the Bill of Rights;
(6) there are more than 20,000,000 descendants worldwide
that trace their ancestry back to the Mayflower passengers
arriving in 1620 and on subsequent ships in the 1620s;
(7) in 2009, a nonprofit organization, Plymouth 400, Inc.,
was established to ensure a suitable national observance of the
Plymouth 400th anniversary to include the themes of
exploration, innovation, immigration, self-governance,
religious freedom, and thanksgiving, which are legacies that
were sparked by these historic events and that continue today
as cornerstones of the United States;
(8) Plymouth 400, Inc. will lead, support and facilitate
legislative and marketing efforts for a commemorative coin
series, United States postage stamps, and related activities
for the Plymouth 400th anniversary observances and
commemorations in 2020;
(9) a commemorative coin series will bring national and
international attention to the lasting legacy of Plymouth
Colony, its settlers and the indigenous Wampanoag tribes of the
area;
(10) the proceeds from a surcharge on the sale of such
commemorative coins will assist the financing of a suitable
national observance in 2020 and 2021 of the 400th anniversary
of the Pilgrim landing and historic events, including the
signing of the Mayflower Compact, the ``First Thanksgiving''
feast, interaction with the indigenous Wampanoag people and
other significant events of the period;
(11) today, people from across the 50 States and from
around the world flock to Plymouth to see the landing place,
Plymouth Rock, visit the re-created Mayflower and Plimoth
Plantation, and trace their ancestry and learn about the
indigenous Wampanoag and their integral role in the history of
the United States; and
(12) story of the Pilgrims, the indigenous Wampanoag
people, and the Mayflower are iconic symbols for the world
representing freedom, family, law, and justice.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have diameter of 0.85 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins described in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the landing and settlement of
Plymouth Colony, the signing of the Mayflower Compact, and the
role of the indigenous Wampanoag tribes in the realization of
the settlement.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2020'', ``2021'',
or ``2020-2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consulting with--
(A) Plymouth 400, Inc.;
(B) Plimoth Plantation, Inc.;
(C) the Mashpee Wampanoag Tribe;
(D) the Wampanoag Tribe of Gayhead (Aquinnah);
(E) the General Society of Mayflower Descendants;
(F) the Pilgrim Society;
(G) the Plymouth Antiquarian Society;
(H) the Pilgrim Monument and Provincetown Museum;
(I) the Massachusetts Cultural Council; and
(J) the Massachusetts Historical Society; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during a 2-year period beginning January 1, 2020.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins under this Act shall be promptly paid by the Secretary as
follows:
(1) 50 percent of the surcharges, to the Plymouth 400,
Inc.--
(A) to support the work of the organization to
develop, implement, and provide oversight for the
commemorations surrounding the events of 2020 through
2021; and
(B) at the discretion of Plymouth 400 to distribute
to local historical preservation and cultural
organizations to support their important work in
educating the public about the settlement of 1620,
their continued existence for the benefit of future
generations, and other related purposes.
(2) 15 percent of the surcharges to Plimoth Plantation to
support their effort to maintain the replica of the 1627
Plantation, the Mayflower II, and the replica of the Wampanoag
Village.
(3) 15 percent of the surcharges, to a Wampanoag tribal
organization to continue programs to educate people about the
life of the Wampanoag people prior to the Plymouth settlement
and the interactions between the settlers and the Wampanoag
people.
(4) 10 percent of the surcharges, to the General Society of
Mayflower Descendants--
(A) to support the continued restoration of the
main facility in Plymouth;
(B) provide funding for their research library at
that site; and
(C) for educational purposes.
(5) 10 percent of the surcharges, to the Pilgrim Society to
continue their work in displaying the story of the settlement
and its artifacts, including the role of the indigenous
Wampanoag tribe in the settlement.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in subsection (b) as may
be related to the expenditures of amounts paid under such subsection.
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of such time of issuance, the issuance of
such coin would result in the number of commemorative coin programs
issued during such year to exceed the annual 2 commemorative coin
program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Plymouth 400th Anniversary Commemorative Coin Act of 2016 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, Massachusetts, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a two-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 50% to Plymouth 400, Inc., to support the its work to develop, implement, and provide oversight for the commemorations surrounding the events of 2020-2021 and to be distributed, at the organization's discretion, to local historical preservation and cultural organizations to support their work in educating the public about the settlement of 1620 and their continued existence for the benefit of future generations; 15% to Plimoth Plantation to support its effort to maintain the replica of the 1627 Plantation, the Mayflower II, and the replica of the Wampanoag Village; 15% to a Wampanoag tribal organization to continue programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and their interactions with the settlers; 10% to the General Society of Mayflower Descendants to support the continued restoration of the main facility in Plymouth, to provide funding for its research library at that site, and for educational purposes; and 10% to the Pilgrim Society to continue its work in displaying the story of the settlement and settlement artifacts. | {"src": "billsum_train", "title": "Plymouth 400th Anniversary Commemorative Coin Act of 2016"} | 2,478 | 356 | 0.625239 | 2.420473 | 0.641997 | 4.864078 | 7.187702 | 0.941748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Online Ticket Sales Act of
2016'' or the ``BOTS Act of 2016''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO
CIRCUMVENTION OF TICKET ACCESS CONTROL MEASURES.
(a) Conduct Prohibited.--
(1) In general.--Except as provided in paragraph (2), it shall
be unlawful for any person--
(A) to circumvent a security measure, access control
system, or other technological control or measure on an
Internet website or online service that is used by the ticket
issuer to enforce posted event ticket purchasing limits or to
maintain the integrity of posted online ticket purchasing order
rules; or
(B) to sell or offer to sell any event ticket in interstate
commerce obtained in violation of subparagraph (A) if the
person selling or offering to sell the ticket either--
(i) participated directly in or had the ability to
control the conduct in violation of subparagraph (A); or
(ii) knew or should have known that the event ticket
was acquired in violation of subparagraph (A).
(2) Exception.--It shall not be unlawful under this section for
a person to create or use any computer software or system--
(A) to investigate, or further the enforcement or defense,
of any alleged violation of this section or other statute or
regulation; or
(B) to engage in research necessary to identify and analyze
flaws and vulnerabilities of measures, systems, or controls
described in paragraph (1)(A), if these research activities are
conducted to advance the state of knowledge in the field of
computer system security or to assist in the development of
computer security product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule defining
an unfair or a deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The 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) 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 (15 U.S.C. 41 et seq.).
(C) 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.--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 the
engagement of any person subject to subsection (a) in a practice
that violates such subsection, the attorney general of the State
may, as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States--
(A) to enjoin further violation of such subsection by such
person;
(B) to compel compliance with such subsection; and
(C) to obtain damages, restitution, or other compensation
on behalf of such residents.
(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 Commission
in writing that the attorney general intends to bring a
civil action under paragraph (1) not later than 10 days
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
Commission immediately upon instituting the civil action.
(B) Intervention by federal trade commission.--The
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 of a decision in the
civil action.
(3) Investigatory powers.--Nothing in this subsection may 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
Commission institutes a civil action or an administrative action
with respect to a violation of subsection (a), the attorney general
of a State may not, during the pendency of such 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--
(i) the district court of the United States that meets
applicable requirements relating to venue under section
1391 of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(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 civil actions brought by
attorneys general under paragraph (1), any other consumer
protection 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Event.--The term ``event'' means any concert, theatrical
performance, sporting event, show, or similarly scheduled activity,
taking place in a venue with a seating or attendance capacity
exceeding 200 persons that--
(A) is open to the general public; and
(B) is promoted, advertised, or marketed in interstate
commerce or for which event tickets are generally sold or
distributed in interstate commerce.
(3) Event ticket.--The term ``event ticket'' means any
physical, electronic, or other form of a certificate, document,
voucher, token, or other evidence indicating that the bearer,
possessor, or person entitled to possession through purchase or
otherwise has--
(A) a right, privilege, or license to enter an event venue
or occupy a particular seat or area in an event venue with
respect to one or more events; or
(B) an entitlement to purchase such a right, privilege, or
license with respect to one or more future events.
(4) Ticket issuer.--The term ``ticket issuer'' means any person
who makes event tickets available, directly or indirectly, to the
general public, and may include--
(A) the operator of the venue;
(B) the sponsor or promoter of an event;
(C) a sports team participating in an event or a league
whose teams are participating in an event;
(D) a theater company, musical group, or similar
participant in an event; and
(E) an agent for any such person.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on September 27, 2016. Better Online Ticket Sales Act of 2016 or the BOTS Act of 2016 (Sec. 2) This bill prohibits the circumvention of a security measure, access control system, or other technological measure on an Internet website or online service of a ticket issuer that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules for a public event with an attendance capacity exceeding 200 persons. The bill also prohibits the sale of or offers to sell an event ticket in interstate commerce obtained through such a circumvention violation if the seller participated in, had the ability to control, or should have known about the violation. It shall not be unlawful, however, to create or use software or systems to: (1) investigate, or further the enforcement or defense of, alleged violations; or (2) identify and analyze flaws and vulnerabilities of security measures to advance the state of knowledge in the field of computer system security or to assist in the development of computer security products. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill provides authority to the Federal Trade Commission and states to enforce against such violations. | {"src": "billsum_train", "title": "BOTS Act of 2016"} | 1,876 | 266 | 0.733982 | 2.534599 | 0.727736 | 3.64 | 6.888 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MacBride Principles of Economic
Justice Act of 1996''.
SEC. 2. REQUIREMENT THAT DISBURSEMENTS FROM INTERNATIONAL FUND FOR
IRELAND ARE MADE IN ACCORDANCE WITH THE MACBRIDE
PRINCIPLES OF ECONOMIC JUSTICE.
(a) Purposes.--Section 2(b) of the Anglo-Irish Agreement Support
Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at
the end the following new sentences: ``United States contributions
shall be used in a manner that effectively increases employment
opportunities in communities with rates of unemployment significantly
higher than the local or urban average of unemployment in Northern
Ireland. In addition, such contributions shall be used to benefit
individuals residing in such communities.''.
(b) Conditions and Understandings.--Section 5(a) of such Act is
amended--
(1) in the first sentence--
(A) by striking ``The United States'' and inserting
the following:
``(1) In general.--The United States'';
(B) by striking ``in this Act may be used'' and
inserting the following: ``in this Act--
``(A) may be used'';
(C) by striking the period and inserting ``; and'';
and
(D) by adding at the end the following:
``(B) may be provided to an individual or entity in
Northern Ireland only if such individual or entity is
in compliance with the principles of economic
justice.''; and
(2) in the second sentence, by striking ``The
restrictions'' and inserting the following:
``(2) Additional requirements.--The restrictions''.
(c) Prior Certifications.--Section 5(c)(2) of such Act is amended--
(1) in subparagraph (A), by striking ``principle of
equality'' and all that follows and inserting ``principles of
economic justice; and''; and
(2) in subparagraph (B), by inserting before the period at
the end the following: ``and will create employment
opportunities in regions and communities of Northern Ireland
suffering the highest rates of unemployment''.
(d) Annual Reports.--Section 6 of such Act is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) each individual or entity receiving assistance from
United States contributions to the International Fund has
agreed in writing to comply with the principles of economic
justice.''.
(e) Requirements Relating to Funds.--Section 7 of such Act is
amended by adding at the end the following:
``(c) Prohibition.--Nothing included herein shall require quotas or
reverse discrimination or mandate their use.''.
(f) Definitions.--Section 8 of such Act is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the term `Northern Ireland' includes the counties of
Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh; and
``(4) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals
from underrepresented religious groups in the
workforce, including managerial, supervisory,
administrative, clerical, and technical jobs.
``(B) Providing adequate security for the
protection of minority employees at the workplace.
``(C) Banning provocative sectarian or political
emblems from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts
be made to attract applicants from underrepresented
religious groups.
``(E) Providing that layoff, recall, and
termination procedures do not favor a particular
religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria
which discriminate on the basis of religion.
``(G) Providing for the development of training
programs that will prepare substantial numbers of
minority employees for skilled jobs, including the
expansion of existing programs and the creation of new
programs to train, upgrade, and improve the skills of
minority employees.
``(H) Establishing procedures to assess, identify,
and actively recruit minority employees with the
potential for further advancement.
``(I) Providing for the appointment of a senior
management staff member to be responsible for the
employment efforts of the entity and, within a
reasonable period of time, the implementation of the
principles described in subparagraphs (A) through
(H).''.
(g) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act. | MacBride Principles of Economic Justice Act of 1996 - Amends the Anglo-Irish Agreement Support Act of 1986 to revise its purposes to require that U.S. contributions to the International Fund for Ireland be disbursed in accordance with the MacBride principles of economic justice, as specified.
Authorizes the United States to make contributions to the Fund only if the President certifies to the Congress that, among other things, disbursements from the Fund will be distributed in accordance with the principles of economic justice and will create employment opportunities in communities of Northern Ireland suffering the highest rates of unemployment. | {"src": "billsum_train", "title": "MacBride Principles of Economic Justice Act of 1996"} | 1,130 | 135 | 0.602091 | 1.658391 | 0.605317 | 2.811321 | 9.820755 | 0.849057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate and Labor Electioneering
Advertisement Reform Act'' or the ``CLEAR Act''.
SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN-RELATED COMMUNICATIONS FUNDED
BY CORPORATIONS OR LABOR ORGANIZATIONS.
(a) Requiring Statement Identifying Head of Corporation or
Organization.--Section 318(d) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441d(d)) is amended--
(1) in paragraph (2), by striking ``Any communication'' and
inserting ``Except as provided in paragraph (3), any
communication''; and
(2) by adding at the end the following new paragraph:
``(3) Special rules for communications paid for by
corporations or labor organizations.--
``(A) Disclosure statement required.--Any
communication described in paragraph (3) of subsection
(a) which is a corporate communication or a labor
organization communication and which is transmitted
through radio or television shall include, in addition
to the requirements of that paragraph, the disclosure
statement described in subparagraph (C).
``(B) Method of conveyance of statement.--
``(i) Communications transmitted through
radio.--In the case of a communication to which
this paragraph applies which is transmitted
through radio, the disclosure statement
described in subparagraph (C) shall be made by
audio in a clearly spoken manner by the
applicable individual.
``(ii) Communications transmitted through
television.--In the case of a communication to
which this paragraph applies which is
transmitted through television, the disclosure
statement described in subparagraph (C) shall
be conveyed by an unobscured, full-screen view
of the applicable individual, or by the
applicable individual making the statement in
voice-over accompanied by a clearly
identifiable photograph or similar image of the
individual. The statement, together with a
clearly readable logo of the corporation or
labor organization (as the case may be), if
any, shall also appear in writing at the end of
the communication in a clearly readable manner
with a reasonable degree of color contrast
between the background and the printed
statement and logo, for a period of at least 4
seconds.
``(C) Disclosure statement described.--The
disclosure statement described in this subparagraph is
the following: `I am _______, and _______ paid for this
advertisement and approves its contents.', with--
``(i) the first blank to be filled in with
the name and title of the applicable
individual; and
``(ii) the second blank to the filled in
with the name of the corporation (in the case
of a corporate communication) or the name of
the labor organization (in the case of a labor
organization communication).
``(D) Definitions.--In this paragraph--
``(i) the term `applicable individual'
means the chief executive officer of a
corporation (with respect to a corporate
communication) or the highest ranking officer
of a labor organization (with respect to a
labor organization communication);
``(ii) the term `corporate communication'
means a communication paid for in whole or in
part by a corporation, other than a
communication paid for in whole by a separate
segregated fund established by a corporation
under section 316(b)(2)(C); and
``(iii) the term `labor organization
communication' means a communication paid for
in whole or in part by a labor organization,
other than a communication paid for in whole by
a separate segregated fund established by a
labor organization under section
316(b)(2)(C).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to communications made on or after the date of the
enactment of this Act. | Amends the Federal Election Campaign Act of 1971 to require certain campaign-related radio and television communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization, and for other purposes."} | 864 | 52 | 0.549182 | 1.300336 | 0.680854 | 2.73913 | 17.108696 | 0.913043 |
TITLE I--DRUG COURTS
SEC. 101. GRANT AUTHORITY.
The Attorney General may make grants to States, State courts, local
courts, units of local government, and Indian tribal governments,
acting directly or through agreements with other public or private
entities, for programs that involve--
(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
(2) the integrated administration of other sanctions and
services, which shall include--
(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
(B) substance abuse treatment for each participant;
(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress; and
(D) programmatic, offender management, and
aftercare services such as relapse prevention, health
care, education, vocational training, job placement,
housing placement, and child care or other family
support services for each participant who requires such
services.
SEC. 102. ADMINISTRATION.
(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this title.
(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this title.
(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this title.
(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this title shall--
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
(6) certify that participating offenders will be supervised
by one or more designated judges with responsibility for the
drug court program;
(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
(8) describe the methodology that will be used in
evaluating the program.
SEC. 103. APPLICATIONS.
To request funds under this title, the chief executive or the chief
justice of a State or the chief executive or chief judge of a unit of
local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
SEC. 104. FEDERAL SHARE.
The Federal share of a grant made under this title may not exceed
75 percent of the total costs of the program described in the
application submitted under section 103 for the fiscal year for which
the program receives assistance under this title, unless the Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section. In-kind contributions may constitute a
portion of the non-Federal share of a grant.
SEC. 105. GEOGRAPHIC DISTRIBUTION.
The Attorney General shall ensure that, to the extent practicable,
an equitable geographic distribution of grant awards is made.
SEC. 106. REPORT.
A State, Indian tribal government, or unit of local government that
receives funds under this title during a fiscal year shall submit to
the Attorney General a report in March of the following year regarding
the effectiveness of this title.
SEC. 107. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this title.
(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this title.
(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are authorized to
be appropriated $200,000,000 for fiscal year 1998, and such sums as may
be necessary for each of the fiscal years 1999 through 2002.
TITLE II--YOUTH COURTS
SEC. 201. YOUTH COURTS.
From amounts appropriated under section 202, the Attorney General
shall carry out a program in accordance with title I, except as
follows:
(1) The program under this title shall be carried out only
with respect to individuals who are under the age of 21
(individually referred to in this section as a ``youth'').
(2) A youth may participate in the program only if a parent
or other legal guardian of the youth participates in the
program.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 201, there are authorized
to be appropriated $50,000,000 for fiscal year 1998, and such sums as
may be necessary for each of the fiscal years 1999 through 2002. | TABLE OF CONTENTS:
Title I: Drug Courts
Title II: Youth Courts
Title I: Drug Courts
- Authorizes the Attorney General to make grants to States, State and local courts, units of local government, and Indian tribal governments for programs that involve: (1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant.
Sets forth requirements regarding grant applications, the Federal grant share of program costs, geographic distribution of grant awards, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.
Title II: Youth Courts
- Directs the Attorney General to carry out a program in accordance with title I specifically for individuals who are under age 21. Permits a youth to participate in the program under this title only if a parent or other legal guardian participates. Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for programs that involve continuing judicial supervision over offenders with substance abuse problems who are not violent offenders."} | 1,228 | 229 | 0.632974 | 1.915168 | 0.858803 | 4.52381 | 5.466667 | 0.895238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Services
Enhancement Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) competition in telecommunications and cable services
will encourage infrastructure development, have beneficial
effects on the price, universal availability, variety and
quality of telecommunications services, and improve our
economy, our culture, and our political system;
(2) all telecommunications and information services markets
should be open to competition and all providers of
telecommunications services should be able to provide such
services and be subject to equivalent regulation when offering
such services;
(3) all providers of telecommunications and information
services should be subject to equivalent regulation;
(4) if all providers of telecommunications services do not
have the opportunity to provide all telecommunications and
information services, it would not be in the public interest to
remove barriers to entry to intrastate telecommunications
services such as telephone exchange service, intrastate
intraLATA telecommunications services, and telephone exchange
access services;
(5) when barriers to entry to intrastate telecommunications
services such as telephone exchange service, intrastate
intraLATA toll telecommunications services, and exchange access
services are removed, all restrictions on the lines of business
in which they may engage should be eliminated for existing
providers of these services;
(6) the elimination of the restraints on the lines of
business will result in the creation of a substantial number of
new jobs;
(7) if the removal of the restrictions on the lines of
business are delayed, the job creation resulting from the
removal of these constraints will also be delayed;
(8) advanced telecommunications services can enhance the
quality of life and promote economic development, job creation,
and international competitiveness;
(9) advancements in the nation's telecommunications
infrastructure will enhance the public welfare by helping to
speed the delivery of services such as telemedicine, distance
learning, remote medical services, and distribution of health
information;
(10) services such as telemedicine will promote the
provision of health care to all Americans and reduce the cost
of providing health care;
(11) improvements in the telecommunications infrastructure
will be greatly enhanced if all providers of telecommunications
services are permitted to offer these services on the same
basis and subject to equivalent regulatory requirements;
(12) rural and sparsely populated areas will not receive
the benefits of advanced telecommunications services unless all
providers of telecommunications services have eliminated the
restrictions on the lines of business in which they may engage;
(13) existing regulatory devices no longer work, and the
regulatory asymmetries that exist today are inconsistent with
competitive marketplaces; and
(14) oversight of the telecommunications industry should be
conducted from the perspective of the Antitrust Laws by the
Department of Justice and from the regulatory perspective by
the Commission for interstate telecommunications services and
the States for intrastate telecommunications services.
SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.
(a) Definitions.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended by adding at the end thereof the following new
definitions:
``(hh) `Local exchange carrier' means any person that is engaged in
the provision of telephone exchange service or telephone exchange
access service; such term does not include a person insofar as such
person is engaged in the provision of a commercial mobile service under
section 332(c), except to the extent that the Commission finds that
such service as provided by such person in a State is a replacement for
a substantial portion of the wireline telephone exchange service within
such State.
``(ii) `Telephone exchange access service' means the offering of
telephone exchange services or facilities for the purpose of the
origination or termination of interexchange telecommunications services
to or from an exchange area.
``(jj) `Telecommunications service' means the offering for profit
to the public or to such classes and eligible users as to be
effectively available to a substantial portion of the public of--
``(1) telecommunications facilities that (A) are owned or
controlled by a provider of telephone exchange service or (B)
interconnect with the network of a provider of telephone
exchange service; or
``(2) telecommunications by means of such
telecommunications facilities.
Such term does not include information services.
``(kk) `Bell operating company' means any of the companies listed
in Appendix A of the Modification of Final Judgment, and includes any
successor or assign of any such company, but does not include any
affiliate of any such company.
``(ll) `Modification of Final Judgment' means the decree entered
August 24, 1982, in United States v. Western Electric, Civil Action No.
82--0192 (United States District Court, District of Columbia).
``(mm) `Telecommunications' means the transmission, between or
among points specified by the user, of information of the user's
choosing, without change in the form or content of the information as
sent and received, by means of electromagnetic transmission medium,
including all instrumentalities, facilities, apparatus, and services
(including the collection, storage, forwarding, switching, and delivery
of such information) essential to such transmission; such term does not
include cable or information services.''.
(b) Amendment to Title II.--Title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof
the following new sections:
``SEC. 230. REMOVAL OF ENTRY BARRIERS.
``Subject to the provisions of section 301 of this Act, 1 year
after the date of enactment of this section, no State or local statute
or regulation, or other State or local legal requirement, shall
prohibit or have the effect of prohibiting the ability of any entity to
provide interstate or intrastate telecommunications services. No State
or local governmental entity may unreasonably discriminate among
telecommunications carriers.
``SEC. 231. INTERLATA TELECOMMUNICATIONS SERVICES.
``(a) Authority.--Notwithstanding any other provision of law or any
restriction or obligation imposed before the date of enactment of this
section pursuant to section II(D) of the Modification of Final
Judgment, a Bell operating company or affiliate may engage in the
provision of interLATA telecommunications services when the barriers to
entry to provide any interstate or intrastate telecommunications
services have been removed pursuant to Section 230 or 1 year after the
date of enactment of this section, whichever is earlier.
``(b) Definition.--As used in this section, the term `LATA' means
the local access and transport areas as defined in United States v.
Western Electric Co., 569 F. Supp. 990 (United States District Court,
District of Columbia) and subsequent judicial orders relating thereto.
``SEC. 232. REGULATORY PARITY.
``(a) Cable Service.--No cable operator shall provide telephone
exchange service or telephone exchange access service in the geographic
area where it provides video programming so long as the local exchange
carrier for that geographic area is prohibited from providing video
programming directly to subscribers.
``(b) Competitive Services.--The Commission shall, within eighteen
months after the enactment of this section, promulgate regulations that
ensure that all providers of competitive telecommunications services
are subject to equivalent regulation and notwithstanding any other
provision of this Act, the Commission shall have authority to conform
any aspect of its scheme of regulation in order to reflect a
competitive telecommunications environment.
``(c) Definition.--For the purposes of this section, the term
`competitive telecommunications services' means a substitutable service
offered by an unaffiliated entity at comparable or better rates, terms,
and conditions.''.
(c) Amendment to Title VI.--Section 613(b) of the Communications
Act of 1934 (47 U.S.C. 533(b)) is amended to read as follows:
``(b) A local exchange carrier subject in whole or in part to title
II of this Act may--
``(1) provide video programming directly to subscribers,
either through its own facilities or through an affiliate
owned, operated, or controlled by, or under common control
with, the local exchange carrier; and
``(2) provide channels of communication or pole line,
conduit space, or other rental arrangements to any entity which
is directly or indirectly owned, operated, or controlled by, or
under common control with the local exchange carrier, to be
used for, or in connection with, the provision of video
programming directly to subscribers.''.
SEC. 4. JURISDICTION.
Section 2 of the Communications Act of 1934 (47 U.S.C. 152) is
amended by inserting in subsection (b) ``and sections 230, 231, and
232'' immediately after ``sections 223 through 227, inclusive''. | Telecommunications Services Enhancement Act of 1994 - Amends the Communications Act of 1934 to prohibit any State or local governmental entity, statute, or regulation from: (1) prohibiting the ability of an entity to provide interstate or intrastate telecommunications services; or (2) unreasonably discriminating among telecommunications carriers.
Authorizes a Bell operating company or its affiliate to engage in the provision of interLATA (local access and transport areas) telecommunications services when the barriers to entry for the provision of interstate or intrastate telecommunications services have been removed.
Prohibits a cable operator from providing telephone exchange service or telephone exchange access service in the geographic area where it provides video programming so long as the local exchange carrier (LEC) for such area is prohibited from providing video programming directly to its subscribers.
Requires the Federal Communications Commission to promulgate regulations ensuring that all providers of competitive telecommunications services are subject to equivalent regulation.
Authorizes (current law prohibits) an LEC to: (1) provide video programming to its subscribers either directly or through an affiliate; and (2) provide channels of communication or pole line, conduit space, or other rental arrangements to an entity directly owned, operated, or controlled by the LEC to be used to provide video programming directly to subscribers. | {"src": "billsum_train", "title": "Telecommunications Services Enhancement Act of 1994"} | 2,002 | 280 | 0.526309 | 1.539316 | 0.70422 | 4.157676 | 7.443983 | 0.937759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Letter Reform Act
of 2005''.
SEC. 2. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
``(a) Petition by Recipient.--
``(1) In general.--The recipient of a request for records,
a report, or other information under section 2709(b) of this
title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial
Privacy Act, or section 802(a) of the National Security Act of
1947 may, in the United States district court for the district
in which that person or entity does business or resides,
petition for an order modifying or setting aside the request.
``(2) Court action.--The court may modify or set aside a
request under this section if compliance would be unreasonable
or oppressive.
``(b) Modifications of Nondisclosure Requirement.--
``(1) Petitions.--The recipient of a request for records, a
report, or other information under section 2709(b) of this
title, section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to Financial
Privacy Act, or section 802(a) of the National Security Act of
1947, may petition any court described in subsection (a) for an
order modifying or setting aside a nondisclosure requirement
imposed in connection with such a request.
``(2) Within 1 year.--
``(A) In general.--If the petition under paragraph
(1) is filed not later than 1 year after the request
for records, a report, or other information under
section 2709(b) of this title, section 626(a) or (b) or
627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or
section 802(a) of the National Security Act of 1947,
the court may modify or set aside such a nondisclosure
requirement if it finds that there is no reason to
believe that disclosure may endanger the national
security of the United States, interfere with a
criminal, counterterrorism, or counterintelligence
investigation interfere with diplomatic relations, or
endanger the life or physical safety of any person.
``(B) Effect of certification.--The certification
made at the time of the request that disclosure may
endanger the national security of the United States or
interfere with diplomatic relations shall be treated as
conclusive under this paragraph unless the court finds
that the certification was made in bad faith.
``(3) After 1 year.--
``(A) In general.--If the petition is filed 1 year
or more after the request for records, a report, or
other information under section 2709(b) of this title,
section 626(a) or (b) or 627(a) of the Fair Credit
Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the
National Security Act of 1947, the issuing officer,
within 90 days of the filing of the petition, shall
either terminate the nondisclosure requirement or
recertify that disclosure may result in danger to the
national security of the United States, interference
with a criminal, counterterrorism, or
counterintelligence investigation, interference with
diplomatic relations, or danger to the life or physical
safety of any person.
``(B) Recertification.--In the event of
recertification under this paragraph, the court may
modify or set aside such a nondisclosure requirement if
it finds that there is no reason to believe that
disclosure may endanger the national security of the
United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation,
interfere with diplomatic relations, or endanger the
life or physical safety of any person.
``(C) Conclusive.--The recertification that
disclosure may endanger the national security of the
United States or interfere with diplomatic relations
under this paragraph shall be treated as conclusive
unless the court finds that the recertification was
made in bad faith.
``(D) Effect of denial.--If the court denies a
petition for an order modifying or setting aside a
nondisclosure requirement under this paragraph, the
recipient shall be precluded for a period of 1 year
from filing another petition to modify or set aside
such nondisclosure requirement.
``(c) Compliance.--
``(1) Effect of failure.--In the case of a failure to
comply with a request for records, a report, or other
information made to any person or entity under section 2709(b)
of this title, section 626(a) or (b) or 627(a) of the Fair
Credit Reporting Act, section 1114(a)(5)(A) of the Right to
Financial Privacy Act, or section 802(a) of the National
Security Act of 1947, the Attorney General may invoke the aid
of any court of the United States within the jurisdiction in
which the investigation is carried on or the person or entity
resides, carries on business, or may be found, to compel
compliance with the request.
``(2) Order.--The court under paragraph (1) may issue an
order requiring the person or entity to comply with the
request.
``(3) Contempt.--Any failure to obey the order of the court
under this subsection may be punished by the court as contempt
thereof.
``(d) Process.--Any process under this section may be served in any
judicial district in which the person or entity may be found.
``(e) Proceedings.--
``(1) Closed hearing.--In all proceedings under this
section, subject to any right to an open hearing in a contempt
proceeding, the court shall close any hearing to the extent
necessary to prevent an unauthorized disclosure of a request
for records, a report, or other information made to any person
or entity under section 2709(b) of this title, section 626(a)
or (b) or 627(a) of the Fair Credit Reporting Act, section
1114(a)(5)(A) of the Right to Financial Privacy Act, or section
802(a) of the National Security Act of 1947.
``(2) Under seal.--Petitions, filings, records, orders, and
subpoenas in proceedings under this section shall be kept under
seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a request for records, a report, or
other information made to any person or entity under section
2709(b) of this title, section 626(a) or (b) or 627(a) of the
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right
to Financial Privacy Act, or section 802(a) of the National
Security Act of 1947.
``(f) Review of Government Submission.--In all proceedings under
this section, the court shall, upon the Federal Government's request,
review the submission of the Government, which may include classified
information, ex parte and in camera.''.
(b) Chapter Analysis.--The chapter analysis for chapter 223 of
title 18, United States Code is amended by inserting at the end the
following:
``3511. Judicial review of request for information.''.
SEC. 3. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.
(a) Title 18.--Section 2709(c) of title 18, United States Code, is
amended to read:
``(c) Prohibition of Certain Disclosure.--
``(1) In general.--If the Director of the Federal Bureau of
Investigation, or his designee in a position now lower than
Deputy Assistant Director at Bureau headquarters or a Special
Agent in Charge in a Bureau field office designated by the
Director, certifies that otherwise there may result a danger to
the national security of the United States, interference with a
criminal, counterterrorism or counterintelligence
investigation, interference with diplomatic relations, or
danger to the life or physical safety of any person, no wire or
electronic communications service provider, or officer,
employee, or agent thereof, shall disclose to any person (other
than those to whom such disclosure is necessary in order to
comply with the request or an attorney to obtain legal advice
with respect to the request) that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
``(2) Notice.--A request under this section shall notify
the person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Disclosure.--Any recipient of a request under this
section disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice with
respect to the request shall inform such persons of any
applicable nondisclosure requirements. Any person who receives
such a disclosure under this subsection shall be subject to the
same prohibitions on disclosure as under paragraph (1).''.
(b) Confidentiality of Disclosures to FBI.--Section 626(d) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(d)), as so designated by
section 214(a)(1) of the Fair and Accurate Credit Transactions Act of
2003 (Public Law 108-159, 117 Stat. 1980), is amended to read as
follows:
``(c) Confidentiality.--
``(1) In general.--If the Director of the Federal Bureau of
Investigation, or the designee thereof in a position not lower
than Deputy Assistant Director at Bureau headquarters or a
Special Agent in Charge in a Bureau field office designated by
the Director, certifies that otherwise there may result a
danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic
relations, or danger to the life or physical safety of any
person, no consumer reporting agency, or officer, employee, or
agent of a consumer reporting agency--
``(A) shall disclose to any person (other than
those to whom such disclosure is necessary in order to
comply with the request or an attorney to obtain legal
advice with respect to the request), that the Federal
Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report
respecting any consumer under subsection (a), (b), or
(c); and
``(B) shall include in any consumer report any
information that would indicate that the Federal Bureau
of Investigation has sought or obtained such
information on a consumer report.
``(2) Notice.--A request under this section shall notify
the person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Prohibitions applicable to further disclosures.--Any
recipient of a request under this section disclosing to those
persons necessary to comply with the request or to an attorney
to obtain legal advice with respect to the request shall inform
such persons of any applicable nondisclosure requirements. Any
person who receives such a disclosure under this subsection
shall be subject to the same prohibitions on disclosure as
under paragraph (1).''.
(c) Confidentiality of Disclosures to Other Government Agencies.--
Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681v(c), as
so designated by section 214(a)(1) of the Fair and Accurate Credit
Transactions Act of 2003 (Public Law 108-159, 117 Stat. 1980), is
amended to read as follows:
``(c) Confidentiality.--
``(1) In general.--If the head of a government agency
authorized to conduct investigations or intelligence or
counterintelligence activities or analysis related to
international terrorism, or the designee thereof, certifies
that otherwise there may result a danger to the national
security of the United States, interference with a criminal,
counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life
or physical safety of any person, no consumer reporting agency,
or officer, employee, or agent of a consumer reporting agency,
shall disclose to any person (other than those to whom such
disclosure is necessary in order to comply with the request or
an attorney to obtain legal advice with respect to the
request), or specify in any consumer report, that a government
agency has sought or obtained access to information under
subsection (a).
``(2) Notice.--A request under this section shall notify
the person or entity to whom the request is directed of the
nondisclosure requirement under paragraph (1).
``(3) Prohibitions applicable to further disclosures.--Any
recipient disclosing to those persons necessary to comply with
a request or to an attorney to obtain legal advice with respect
to the request shall inform such persons of any applicable
nondisclosure requirements. Any person who receives such a
disclosure under this subsection shall be subject to the same
prohibitions on disclosure as under paragraph (1).''.
(d) Right to Financial Privacy Act.--Section 1114(a)(5)(D) of the
Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(D)) is amended to
read as follows:
``(D) Prohibition of certain disclosure.--
``(i) If the Director of the Federal Bureau of
Investigation, or the designee thereof in a position
not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau
field office designated by the Director, certifies that
otherwise there may result a danger to the national
security of the United States, interference with a
criminal, counterterrorism, or counterintelligence
investigation, interference with diplomatic relations,
or danger to the life or physical safety of any person,
financial institution, or officer, employee, or agent
of such institution, shall disclose to any person
(other than those to whom such disclosure is necessary
in order to comply with the request or an attorney to
obtain legal advice with respect to the request) that
the Federal Bureau of Investigation has sought or
obtained access to a customer's or entity's financial
records under this paragraph.
``(ii) A request under this subsection shall notify
the person or entity to whom the request is directed of
the nondisclosure requirement under paragraph (1).
``(iii) Any recipient disclosing to those persons
necessary to comply with the request or to an attorney
to obtain legal advice with respect to the request
shall inform such persons of any applicable
nondisclosure requirement. Any person who receives such
a disclosure under this subsection shall be subject to
the same prohibitions on disclosure as under clause
(i).''.
(e) NSA.--Section 802(b) of the National Security Act of 1947 (50
U.S.C. 436(b)) is amended to read as follows:
``(b) Prohibition of Certain Disclosure.--
``(1) In general.--If an authorized investigative agency
described in subsection (a) certifies that otherwise there may
result a danger to the national security of the United States,
interference with a criminal, counterterrorism, or
counterintelligence investigation, interference with diplomatic
relations, or danger to the life or physical safety of any
person, no governmental or private entity, or officer,
employee, or agent of such entity, may disclose to any person
(other than those to whom such disclosure is necessary in order
to comply with the request or an attorney to obtain legal
advice with respect to the request) that such entity has
received or satisfied a request made by an authorized
investigative agency under this section.
``(2) Notice.--The request shall notify the person or
entity to whom the request is directed of the nondisclosure
requirement under paragraph (1).
``(3) Disclosure.--Any recipient disclosing to those
persons necessary to comply with the request or to an attorney
to obtain legal advice with respect to the request shall inform
such persons of any applicable nondisclosure requirement. Any
person who receives a disclosure under this subsection shall be
subject to the same prohibitions on disclosure under paragraph
(1).''.
SEC. 4. VIOLATION OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY
LETTER.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Penalty.--Whoever knowingly violates section 2709(c)(1) of
this title, sections 626(d) or 627(c) of the Fair Credit Reporting Act
(15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D)
of the Right to Financial Privacy Act (U.S.C. 3414(a)(3) or
3414(a)(5)(D)), or section 802(b), of the National Security Act of 1947
(50 U.S.C. 436(a)(5)(D)), or section 802(b) of the National Security
Act of 1947 (50 U.S.C. 436(b)) shall be imprisoned for not more than 1
year, and if the violation is committed with the intent to obstruct an
investigation or judicial proceeding, shall be imprisoned for not more
than 5 years.''. | National Security Letter Reform Act of 2005 - Establishes procedures for judicial review of national security letters (NSLs). Authorizes: (1) the recipient of a request for records or other information under federal criminal code provisions concerning counterintelligence access to telephone toll and electronic communication transactional records, the Fair Credit Reporting Act, the Right to Financial Privacy Act, or the National Security Act of 1947 to petition the U.S. district court for an order modifying or setting aside the request; and (2) the court to modify or set aside a request if compliance would be unreasonable or oppressive.
Sets forth provisions regarding: (1) challenges to NSL nondisclosure requirements; (2) compelling compliance; and (3) closed hearings, filings under seal, and court review of classified information.
Prohibits a wire or electronic communications service provider from disclosing that the Federal Bureau of Investigation (FBI) has sought or obtained access to information or records if the Director of the FBI certifies that such disclosure may result in a danger to national security, interference with a criminal counterterrorism or counterintelligence investigation, interference with diplomatic relations, or a danger to the life or physical safety of any person.
Sets penalties for violations of NSL nondisclosure provisions where committed with intent to obstruct an investigation or judicial proceeding. | {"src": "billsum_train", "title": "A bill to reform the issuance of national security letters."} | 3,873 | 282 | 0.541671 | 1.700474 | 0.852623 | 3.661224 | 13.967347 | 0.893878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Lunch Protection Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in recent years, there has been an alarming number of
instances of price-fixing and bid-rigging regarding foods
purchased for--
(A) the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(2) during the past several years, the Antitrust Division
of the Department of Justice has filed over 95 criminal cases
against persons accused of bid-rigging conspiracies, false
statements, mail fraud, price-fixing, and similar activities
involving dairy products sold to schools or the Department of
Defense;
(3) over 30 grand juries in States are investigating
similar activities, especially in connection with activities
involving the dairy industry;
(4) 45 corporations and 48 individuals have been convicted
by Federal courts of similar activities, and total fines and
civil damages of approximately $100,000,000 have been assessed
in Federal and State actions for similar activities;
(5) a report of the Comptroller General of the United
States noted that, as of March 1992, the Secretary of
Agriculture had neither suspended nor debarred any of the 13
dairy companies or 28 individuals convicted, as of March 1992,
of milk contract bid-rigging from participating in the school
lunch and breakfast programs;
(6) effective educational and monitoring programs can
greatly reduce the incidence of price-fixing and bid-rigging by
companies that sell products to schools;
(7) reducing the incidence of price-fixing and bid-rigging
in connection with the school lunch and breakfast programs
could save school districts, parents, and taxpayers millions of
dollars per year;
(8) the Comptroller General of the United States has noted
that bid-rigging awareness training is an effective means of
deterring improper collusion and bid-rigging; and
(9) the Comptroller General of the United States in a
General Accounting Office report addressed many of the concerns
described in this section with respect to bid rigging in the
school lunch program.
SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES.
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended
by adding at the end the following new section:
``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE
ACTIVITIES.
``(a) In General.--The Secretary shall--
``(1) provide advice, training, technical assistance, and
guidance to representatives of States, contracting entities,
school food service authorities, and other appropriate entities
(as determined by the Secretary) regarding means of identifying
and preventing anticompetitive activities relating to the
acquisition of commodities for--
``(A) the school lunch program established under
this Act;
``(B) the school breakfast program established
under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.);
``(C) the special milk program established under
section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772); and
``(D) the summer food service program for children
established under section 13 of this Act;
``(2) provide information to, and fully cooperate with, the
Attorney General and State attorneys general regarding
investigations of anticompetitive activities relating to the
acquisition of commodities for the programs referred to in
paragraph (1);
``(3) provide awareness training, training films, technical
advice, troubleshooting advice, and other guidance related to
avoiding or detecting bid-rigging, price-fixing, or other
anticompetitive activities concerning the acquisition of
commodities for the programs; and
``(4) debar or suspend a person under section 12A,
applicable regulations issued by the Secretary (such as part
3017 of chapter XXX of subtitle B of title 7, Code of Federal
Regulations), and other applicable Federal laws (including
regulations).
``(b) Food Service Management Institute.--The Secretary may request
assistance from the food service management institute authorized under
section 21 in carrying out this section. The Secretary may contract
with the institute to carry out all or part of the duties described in
paragraphs (1) and (3) of subsection (a).
``(c) Termination.--The authority provided by this section shall
terminate on September 30, 1999.''.
SEC. 4. NONPROCUREMENT DEBARMENT.
(a) In General.--The National School Lunch Act is further amended
by inserting after section 12 (42 U.S.C. 1760) the following new
section:
``SEC. 12A. NONPROCUREMENT DEBARMENT.
``(a) In General.--Except as provided in subsections (b) and (c),
the Secretary shall debar a person, and each principal and affiliate of
the person, for at least 1 year from supplying, providing, or selling a
product or commodity to a school, school district, school food service
authority, or school district consortium participating in the school
lunch program established under this Act, the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), the special milk program established under section 3 of the
Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food
service program for children established under section 13 of this Act
if the person, or a principal or affiliate of the person, is convicted,
in connection with supplying, providing, or selling a product or
commodity to any school, school district, school food service
authority, or school district consortium participating in any of the
programs, or to any Federal agency, of--
``(1) an anticompetitive activity, including bid-rigging,
price-fixing, the allocation of customers between competitors,
or other violation of Federal or State law related to
protecting competition;
``(2) mail fraud, bribery, theft, or embezzlement;
``(3) making a false statement or claim;
``(4) making a false declaration before a grand jury; or
``(5) other obstruction of justice.
``(b) Subsequent Convictions.--Except as provided in subsection
(c), if a person, or a principal or affiliate of the person, is
convicted of an activity described in subsection (a) after having been
previously debarred under this section, the person, and each principal
and affiliate of the person, shall be debarred for at least 3 years
from supplying, providing, or selling a product or commodity to any
school, school district, school food service authority, or school
district consortium participating in a program described in subsection
(a) or to any Federal agency.
``(c) Waivers.--The Secretary may waive a debarment imposed under
subsection (a) or (b) if the Secretary determines that debarment
would--
``(1) likely have a significant adverse effect on
competition or prices in the relevant market or nationally;
``(2) seriously interfere with the ability of a school,
school district, school food service authority, or school
district consortium to procure a needed product or commodity
for a program described in subsection (a);
``(3) be unfair to a person, subsidiary corporation,
affiliate, parent company, or local division of a corporation
that is not involved in the improper activity that would
otherwise result in the debarment; or
``(4) not be in the public interest.
``(d) Relationship to Other Authority.--A debarment imposed under
this section shall not reduce or diminish the authority of a Federal,
State, or local government agency or court to--
``(1) penalize, fine, suspend, debar, or otherwise punish,
in a civil or criminal action, a person or a principal or
affiliate of the person; or
``(2) imprison, debar, suspend, fine, or otherwise punish a
person or a principal or affiliate of the person.
``(e) Regulations.--The Secretary shall issue such regulations as
are necessary to carry out this section.''.
(b) Implementation.--
(1) Application.--The amendment made by subsection (a)
shall not apply to a conviction that is based on an activity
that took place prior to the date of enactment of this Act.
(2) Regulations.--Not later than July 1, 1994, the
Secretary of Agriculture shall amend the nonprocurement
regulations established under part 3017 of chapter XXX of
subtitle B of title 7, Code of Federal Regulations, to conform
with section 12A of the National School Lunch Act (as added by
subsection (a)).
(3) Consistent debarment policy.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
Agriculture, in consultation with the Director of the Office of
Management and Budget, the Secretary of Defense, and such other
officials as the Secretary of Agriculture determines are
appropriate, shall advise the appropriate committees of
Congress and the Comptroller General of the United States as to
the appropriateness and usefulness of a consistent debarment
policy under--
(A) the Federal acquisition regulations issued
under title 48, Code of Federal Regulations; and
(B) Federal nonprocurement regulations.
(4) No reduction in authority.--
(A) In general.--The authority of the Secretary of
Agriculture that exists on the date of enactment of
this Act to debar or suspend a person, or a principal
or affiliate of the person, from Federal financial and
nonfinancial assistance and benefits under Federal
programs and activities, on a government-wide basis,
shall not be diminished or reduced by this section or
the amendment made by this section.
(B) Debarment or suspension.--The Secretary may
continue, after the date of enactment of this Act, to
debar or suspend a person (or a principal or affiliate
of the person), on a government-wide basis, from
Federal financial and nonfinancial assistance and
benefits for any cause for debarment or suspension that
is specified in part 3017 of chapter XXX of subtitle B
of title 7, Code of Federal Regulations, or as
otherwise permitted by law (including regulations).
SEC. 5. INFORMATION RELATING TO PREVENTION AND CONTROL OF
ANTICOMPETITIVE ACTIVITIES.
The National School Lunch Act (as amended by section 3) is further
amended by adding at the end the following new section:
``SEC. 26. INFORMATION RELATING TO PREVENTION AND CONTROL OF
ANTICOMPETITIVE ACTIVITIES.
``On request, the Secretary shall present to the appropriate
committees of the Congress information regarding the administration of
section 12A (relating to nonprocurement debarment) and section 25
(relating to the duties of the Secretary relating to anticompetitive
activities), and any waiver granted under section 12A(c).''. | School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anticompetitive activities in the school lunch, school breakfast, special milk, and summer food service programs.
Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities.
Directs the Secretary, upon request, to provide the appropriate congressional committees with information about prevention and control of such anticompetitive activities. | {"src": "billsum_train", "title": "School Lunch Protection Act of 1993"} | 2,446 | 141 | 0.460496 | 1.342591 | 0.603137 | 1.991736 | 18.561983 | 0.867769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Consolidation and
Investment Act of 1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fragmentation of the Federal Government's major child
care assistance programs has left gaps for many parents moving
from welfare to work;
(2) child care problems have prevented 34 percent of poor
mothers between the ages 21 and 29 from working;
(3) \2/3\ of all families receiving assistance under the
Aid to Families with Dependent Children program have at least
one preschool age child and need child care in order to work;
(4) there already exists an unmet need for child care
assistance--37 States now have waiting lists that can run as
high as 35,000 individuals;
(5) child care directly affects an individual's ability to
stay in the work force;
(6) welfare reform that places work at its center will
increase the demand for child care and require an additional
investment of resources;
(7) child care consumes $260 per month or about 27 percent
of income for average working poor families, leaving them with
less income than families eligible for assistance under the Aid
to Families with Dependent Children program;
(8) quality must be a central feature of the child care
policy of the United States;
(9) only 1 in 7 day care centers offer good quality care;
(10) 40 percent of day care centers serving infants and
toddlers do not meet basic sanitary conditions, have safety
problems, and do not encourage learning; and
(11) only 9 percent of family and relative day care is
considered good quality care.
SEC. 3. PURPOSE.
It is the purpose of this Act to--
(1) eliminate program fragmentation and create a seamless
system of high quality child care that allows for continuity of
care for children as parents move from welfare to job training
to work;
(2) provide for parental choice among high quality child
care programs; and
(3) increase the availability of high quality affordable
child care in order to promote self sufficiency and support
working families.
SEC. 4. AMENDMENTS TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Appropriations.--Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:
``SEC. 658B. APPROPRIATION.
``(a) In General.--For the purpose of providing child care services
for eligible children through the awarding of grants to States under
this subchapter, the Secretary of Health and Human Services shall pay,
from funds in Treasury not otherwise appropriated, $2,302,000,000 for
fiscal year 1996, $2,790,000,000 for fiscal year 1997, $3,040,000,000
for fiscal year 1998, $3,460,000,000 for fiscal year 1999, and
$4,030,000,000 for fiscal year 2000.
``(b) Adjustments.--If the amounts appropriated under subsection
(a) are not sufficient to provide services to each child whose parent
is required to undertake education, job training, job search, or
employment as a condition of eligibility for benefits under part A of
title IV of the Social Security Act, the Secretary shall pay, from
funds in the Treasury not otherwise appropriated, such sums as may be
necessary to ensure the implementation of section 658E(c)(3)(E) with
respect to each such child.''.
(b) Awarding of Grants.--Section 658C of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858a) is amended by
striking ``is authorized to'' and inserting ``shall''.
(c) Supplementation.--Section 658E(c)(2)(J) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(J)) is
amended by inserting ``in fiscal year 1995'' before the period.
(d) Set-Asides for Quality and Working Families, and Child Care
Guarantee.--Section 658E(c)(3) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858c(c)(3))--
(1) in subparagraph (C), by striking ``25 percent'' and
inserting ``20 percent''; and
(2) by adding at the end thereof the following new
subparagraphs:
``(D) Assistance for low-income working families.--
The State shall reserve not less than 50 percent of the
amount provided to the State and available for
providing services under this subchapter, to carry out
child care activities to support low-income working
families residing in the State.
``(E) Child care guarantee.--The State plan shall
provide assurances that the availability of child care
under the grant will be coordinated in an appropriate
manner (as determined by the Secretary) with the
requirements of part A of title IV of the Social
Security Act. Such coordination shall ensure that the
parent of a dependent child is not required to
undertake an education, job training, job search, or
employment requirement unless child care assistance in
an appropriate child care program is made available.''.
(e) Matching Requirement.--Section 658E(c) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended by
adding at the end thereof the following new paragraph:
``(6) Matching requirement.--With respect to amounts made
available to a State in each fiscal year beginning with fiscal
year 1996, that exceed the aggregate amounts received by the
State for child care services in fiscal year 1995, the State
plan shall provide that, with respect to the costs to be
incurred by the State in carrying out the activities for which
a grant under this subchapter is awarded, the State will make
available (directly or through in-kind donations from public or
private entities) non-Federal contributions in an amount equal
to not less than $1 for every $4 of Federal funds provided
under the grant.''.
(f) Improving Quality.--
(1) Increase in required funding.--Section 658G of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858e) is amended by striking ``not less than 20 percent'' and
inserting ``50 percent''.
(2) Quality improvement incentive initiative.--Section 658G
of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e) is amended--
(A) by striking ``A State'' and inserting ``(a) In
General.--A State''; and
(B) by adding at the end thereof the following new
subsection:
``(b) Quality Improvement Incentive Initiative.--
``(1) In general.--The Secretary shall establish a child
care quality improvement incentive initiative to make funds
available to States that demonstrate progress in the
implementation of--
``(A) innovative teacher training programs such as
the Department of Defense staff development and
compensation program for child care personnel; or
``(B) enhanced child care quality standards and
licensing and monitoring procedures.
``(2) Funding.--From the amounts made available for each
fiscal year under subsection (a), the Secretary shall reserve
not to exceed $50,000,000 in each such fiscal year to carry out
this subsection.''.
(g) Before- and After-School Services.--Section 658H(a) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(a))
is amended by striking ``not less than 75 percent'' and inserting ``50
percent''.
(h) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by striking
``Subject to the availability of appropriation, a'' and inserting
``A''.
(i) Allotments.--Section 658O(b) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m(b)) is amended by adding at
the end thereof the following new paragraph:
``(5) Allotment.--
``(A) Base allotment.--Effective beginning with
fiscal year 1996, the amount allotted to a State under
this section shall include the base amount that the
State received under this Act, and under the provisions
repealed under section 5 of the Child Care
Consolidation and Investment Act of 1995, in fiscal
year 1995.
``(B) Additional amounts.--Effective beginning with
fiscal year 1996, any amounts appropriated under
section 658B for a fiscal year and remaining after the
requirement of subparagraph (A) is complied with, shall
be allotted to States pursuant to the formula described
in paragraph (1).''.
SEC. 5. PROGRAM REPEALS.
(a) AFDC JOBS and Transitional Child Care.--
(1) Repeal.--Paragraphs (1), (3), (4), (5), (6), and (7) of
section 402(g) of the Social Security Act (42 U.S.C. 602(g))
are repealed.
(2) Conforming amendments.--Part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) is amended--
(A) in section 402(a)(19) (42 U.S.C. 602(a)(19))--
(i) in subparagraph (B)(i)(I), by striking
``section 402(g)'' and inserting ``the Child
Care Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.)'';
(ii) in subparagraph (C)(iii)(II), by
striking ``section 402(g)'' and inserting ``the
Child Care Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.)'';
(iii) in subparagraph (D), by striking
``section 402(g)'' and inserting ``the Child
Care Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.)''; and
(iv) in subparagraph (F)(iv), by striking
``section 402(g)'' and inserting ``section
402(g)(2) and the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.)'';
(B) in section 402(g)(2) (42 U.S.C. 602(g)(2)), by
striking ``(in addition to guaranteeing child care
under paragraph (1))''; and
(C) in section 403(l)(1)(A) (42 U.S.C.
603(l)(1)(A)), by striking ``(including expenditures
for child care under section 402(g)(1)(A)(i), but only
in the case of a State with respect to which section
1108 applies)''.
(b) At-Risk Child Care.--Sections 402(i) and 403(n) of the Social
Security Act (42 U.S.C. 602(i), 603(n)) are repealed.
(c) State Dependent Care Grants.--Subchapter E of chapter 8 of
subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9871 et seq.) is repealed.
(d) Child Development Associate Scholarship Assistance Act.--The
Child Development Associate Scholarship Assistance Act of 1985 (42
U.S.C. 10901 et seq.) is repealed.
(e) Secretarial Submission of Legislative Proposal for Technical
and Conforming Amendments.--The Secretary of Health and Human Services
shall, within 90 days after the date of the enactment of this Act,
submit to the appropriate committees of the Congress, a legislative
proposal providing for such technical and conforming amendments in the
law as are required by the provisions of subsections (a) and (c). | Child Care Consolidation and Investment Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to appropriate funds for FY 1996 through 2000 for child care services for eligible children through the awarding of grants to States.
Directs the Secretary of Health and Human Services, if the amounts appropriated are insufficient to provide services to each child whose parent is required to undertake education, job training or search, or employment as a condition of eligibility under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act, to pay sums necessary to ensure the implementation of State plans for child care and development for each child.
Requires (currently, authorizes) child care and development block grants for States.
Decreases from 25 to 20 percent the amount of funds to be reserved by States per fiscal year for activities to improve the quality of child care and to provide before- and after-school and early childhood development services. Directs States to reserve at least 50 percent of grant amounts for child care activities to support low-income working families. Requires State plans to assure that the availability of child care will be coordinated with AFDC requirements and to ensure that the parent of a dependent child is not required to undertake an education, job training or search, or employment requirement unless child care assistance is available.
Sets forth a matching requirement for States with respect to amounts that exceed amounts received in FY 1995.
Increases to 50 (currently, 20) percent the minimum percentage of reserved amounts States must use to carry out specified activities to improve the quality of child care.
Directs the Secretary to establish a child care quality improvement incentive initiative to make funds available to States that demonstrate progress in the implementation of: (1) innovative teacher training programs; or (2) enhanced child care quality standards and licensing and monitoring procedures.
Decreases from 75 to 50 percent the minimum percentage of reserved amounts States must use to carry out early child development and before- and after-school services.
Requires amounts allotted to States under this Act to include the base amount such States received under the Child Care and Development Block Grant Act of 1990 and under AFDC provisions repealed under this Act.
Repeals specified AFDC provisions and the Child Development Assistance Associate Scholarship Assistance Act of 1985. | {"src": "billsum_train", "title": "Child Care Consolidation and Investment Act of 1995"} | 2,775 | 489 | 0.588105 | 1.922069 | 0.73782 | 3.707589 | 5.095982 | 0.908482 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Buildings Act of 2013''.
SEC. 2. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
Subtitle B of title IV of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the
following:
``SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' means a
technology, product, or practice that will result in
substantial operational cost savings by reducing energy
consumption and utility costs.
``(2) Separate spaces.--The term `separate spaces' means
areas within a commercial building that are leased or otherwise
occupied by a tenant or other occupant for a period of time
pursuant to the terms of a written agreement.
``(b) Study.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, acting through the
Assistant Secretary of Energy Efficiency and Renewable Energy,
shall complete a study on the feasibility of--
``(A) significantly improving energy efficiency in
commercial buildings through the design and
construction, by owners and tenants, of separate spaces
with high-performance energy efficiency measures; and
``(B) encouraging owners and tenants to implement
high-performance energy efficiency measures in separate
spaces.
``(2) Scope.--The study shall, at a minimum, include--
``(A) descriptions of--
``(i) high-performance energy efficiency
measures that should be considered as part of
the initial design and construction of separate
spaces;
``(ii) processes that owners, tenants,
architects, and engineers may replicate when
designing and constructing separate spaces with
high-performance energy efficiency measures;
``(iii) standards and best practices to
achieve appropriate energy intensities for
lighting, plug loads, pipe loads, heating,
cooling, cooking, laundry, and other systems to
satisfy the needs of the commercial building
tenant;
``(iv) return on investment and payback
analyses of the incremental cost and projected
energy savings of the proposed set of high-
performance energy efficiency measures,
including consideration of tax and other
available incentives;
``(v) models and simulation methods that
predict the quantity of energy used by separate
spaces with high-performance energy efficiency
measures and that compare that predicted
quantity to the quantity of energy used by
separate spaces without high-performance energy
efficiency measures but that otherwise comply
with applicable building code requirements;
``(vi) measurement and verification
platforms demonstrating actual energy use of
high-performance energy efficiency measures
installed in separate spaces, and whether the
measures generate the savings intended in the
initial design and construction of the separate
spaces;
``(vii) best practices that encourage an
integrated approach to designing and
constructing separate spaces to perform at
optimum energy efficiency in conjunction with
the central systems of a commercial building;
and
``(viii) any impact on employment resulting
from the design and construction of separate
spaces with high-performance energy efficiency
measures; and
``(B) case studies reporting economic and energy
saving returns in the design and construction of
separate spaces with high-performance energy efficiency
measures.
``(3) Public participation.--Not later than 90 days after
the date of enactment of this section, the Secretary shall
publish a notice in the Federal Register requesting public
comments regarding effective methods, measures, and practices
for the design and construction of separate spaces with high-
performance energy efficiency measures.
``(4) Publication.--The Secretary shall publish the study
on the website of the Department of Energy.''.
SEC. 3. TENANT STAR PROGRAM.
Subtitle B of title IV of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 2) is amended
by adding at the end the following:
``SEC. 425. TENANT STAR PROGRAM.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' has the meaning
given the term in section 424.
``(2) Separate spaces.--The term `separate spaces' has the
meaning given the term in section 424.
``(b) Tenant Star.--The Administrator of the Environmental
Protection Agency and the Secretary shall develop a voluntary program
within the Energy Star program established by section 324A of the
Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be
known as Tenant Star, to promote energy efficiency in separate spaces
leased by tenants or otherwise occupied within commercial buildings.
``(c) Agreements.--Responsibilities under the program developed
under subsection (b) shall be divided between the Secretary and the
Administrator of the Environmental Protection Agency in accordance with
the terms of applicable agreements between the Secretary and the
Administrator.
``(d) Expanding Survey Data.--The Secretary, acting through the
Administrator of the Energy Information Administration, shall--
``(1) collect, through each Commercial Building Energy
Consumption Survey of the Energy Information Administration
that is conducted after the date of enactment of this section,
data on--
``(A) categories of building occupancy that are
known to consume significant quantities of energy, such
as occupancy by law firms, data centers, trading
floors, restaurants, retail outlets, and financial
services firms; and
``(B) other aspects of the property, building
operation, or building occupancy determined by the
Administrator of the Energy Information Administration,
in consultation with the Administrator of the
Environmental Protection Agency, to be relevant in
lowering energy consumption; and
``(2) make data collected under paragraph (1) available to
the public in aggregated form and provide the data, and any
associated results, to the Administrator of the Environmental
Protection Agency for use in accordance with subsection (e).
``(e) Recognition of Owners and Tenants.--
``(1) Occupancy-based recognition.--Not later than 1 year
after the date on which the data described in subsection (d) is
received, the Secretary and the Administrator of the
Environmental Protection Agency shall, following an opportunity
for public notice and comment--
``(A) in a manner similar to the Energy Star rating
system for commercial buildings, develop voluntary
policies and procedures to recognize tenants that
voluntarily achieve high levels of energy efficiency in
separate spaces;
``(B) establish building occupancy categories
eligible for Tenant Star recognition based on the data
collected under subsection (d)(1) and any associated
results; and
``(C) consider other forms of recognition for
commercial building tenants or other occupants that
lower energy consumption in separate spaces.
``(2) Design- and construction-based recognition.--After
the study required under section 424(b) is completed and
following an opportunity for public notice and comment, the
Administrator of the Environmental Protection and the Secretary
may develop a voluntary program to recognize commercial
building owners and tenants that use high-performance energy
efficiency measures in the design and construction of separate
spaces.
``(f) Effect on Climate Change.--For purposes of this section, the
impact on climate change shall not be a factor in determining the
energy efficiency of commercial building tenants.''. | Better Buildings Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require the Department of Energy's (DOE) Assistant Secretary of Energy Efficiency and Renewable Energy to study the feasibility of: (1) significantly improving energy efficiency in commercial buildings through the design and construction of separate spaces with high-performance energy efficiency measures, and (2) encouraging owners and tenants to implement such measures in separate spaces. Requires the Secretary to publish such study on DOE's website. Requires the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Energy to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces. Requires DOE's Administrator of the Energy Information Administration to collect data on categories of building occupancy that consume significant quantities of energy and on other aspects of the property, building operation, or building occupancy determined to be relevant to lowering energy consumption. Prohibits the impact on climate change from being a factor in determining energy efficiency of commercial building tenants. | {"src": "billsum_train", "title": "Better Buildings Act of 2013"} | 1,638 | 227 | 0.642564 | 1.750748 | 0.82821 | 4.009804 | 7.647059 | 0.931373 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the Middle Rio Grande bosque is--
(A) a unique riparian forest along the Middle Rio
Grande in New Mexico;
(B) the largest continuous cottonwood forest in the
Southwest;
(C) 1 of the oldest continuously inhabited areas in
the United States;
(D) home to portions of 6 pueblos; and
(E) a critical flyway and wintering ground for
migratory birds;
(2) the portion of the Middle Rio Grande adjacent to the
Middle Rio Grande bosque provides water to many people in the
State of New Mexico;
(3) the Middle Rio Grande bosque should be maintained in a
manner that protects endangered species and the flow of the
Middle Rio Grande while making the Middle Rio Grande bosque
more accessible to the public;
(4) environmental restoration is an important part of the
mission of the Corps of Engineers; and
(5) the Corps of Engineers should reestablish, where
feasible, the hydrologic connection between the Middle Rio
Grande and the Middle Rio Grande bosque to ensure the permanent
healthy growth of vegetation native to the Middle Rio Grande
bosque.
SEC. 2. DEFINITIONS.
In this Act:
(1) Middle rio grande.--The term ``Middle Rio Grande''
means the portion of the Rio Grande from Cochiti Dam to the
headwaters of Elephant Butte Resevoir, in the State of New
Mexico.
(2) Restoration project.--The term ``restoration project''
means a project carried out under this Act that will produce,
consistent with other Federal programs, projects, and
activities, immediate and substantial ecosystem restoration,
preservation, recreation, and protection benefits.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. MIDDLE RIO GRANDE RESTORATION.
(a) Restoration Projects.--The Secretary shall carry out
restoration projects along the Middle Rio Grande.
(b) Project Selection.--
(1) In general.--The Secretary may select restoration
projects in the Middle Rio Grande based on feasibility studies.
(2) Use of existing studies and plans.--In carrying out
subsection (a), the Secretary shall use, to the maximum extent
practicable, studies and plans in existence on the date of
enactment of this Act to identify the needs and priorities for
restoration projects.
(c) Local Participation.--In carrying out this Act, the Secretary
shall consult with--
(1) the Middle Rio Grande Endangered Species Act
Collaborative Program; and
(2) the Bosque Improvement Group of the Middle Rio Grande
Bosque Initiative.
(d) Cost Sharing.--
(1) Cost-sharing agreement.--Before carrying out any
restoration project under this Act, the Secretary shall enter
into an agreement with the non-Federal interests that shall
require the non-Federal interests--
(A) to pay 25 percent of the total costs of the
restoration project through in-kind services or direct
cash contributions, including the cost of providing
necessary land, easements, rights-of-way, relocations,
and disposal sites;
(B) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the restoration project that are
incurred after the date of enactment of this Act; and
(C) to hold the United States harmless for any
claim or damage that may arise from the negligence of
the Federal Government or a contractor of the Federal
Government.
(2) Non-federal interests.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
Federal interest carrying out a restoration project under this
Act may include a nonprofit entity.
(3) Recreational features.--
(A) In general.--Any recreational features included
as part of a restoration project shall comprise not
more that 30 percent of the total project cost.
(B) Non-federal funding.--The full cost of any
recreational features included as part of a restoration
project in excess of the amount described in
subparagraph (A) shall be paid by the non-Federal
interests.
(4) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of the cost of design or
construction activities carried out by the non-Federal
interests (including activities carried out before the
execution of the cooperation agreement for a restoration
project) if the Secretary determines that the work performed by
the non-Federal interest is integral to the project.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $10,000,000 for fiscal year 2006; and
(2) such sums as are necessary for each of fiscal years
2007 through 2015. | Directs the Secretary of the Army to: (1) carry out restoration projects along the Middle Rio Grande in New Mexico, from Cochiti Dam to the headwaters of the Elephant Butte Dam; and (2) consult with certain local environmental groups in carrying out such projects. Requires non-federal interests to pay 25% of total project costs and 100% of operation, maintenance, repair, replacement, and rehabilitation costs. Prohibits recreational features of a project from comprising more than 30% of the total project cost. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Army to carry out restoration projects along the Middle Rio Grande."} | 1,048 | 110 | 0.518585 | 1.558979 | 0.672431 | 3.040404 | 9.676768 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1997''.
SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.
Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by striking the section heading and all that follows
through subsection (a) and inserting the following:
``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government (1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result, in the
discharge or runoff of pollutants shall be subject to, and comply with,
all Federal, State, interstate, and local requirements, both
substantive and procedural (including any requirement for permits or
reporting or any provisions for injunctive relief and such sanctions as
may be imposed by a court to enforce such relief), respecting the
control and abatement of water pollution and management in the same
manner, and to the same extent, as any person is subject to such
requirements, including the payment of reasonable service charges. The
Federal, State, interstate, and local substantive and procedural
requirements, administrative authority, and process and sanctions
referred to in this subsection include, but are not limited to, all
administrative orders and all civil and administrative penalties and
fines, regardless of whether such penalties or fines are punitive or
coercive in nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect to any
such substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order, or civil or
administrative penalty or fine referred to in the preceding sentence,
or reasonable service charge). The reasonable service charges referred
to in this subsection include, but are not limited to, fees or charges
assessed in connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring of facilities, as
well as any other nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or local water pollution
regulatory program. Neither the United States, nor any agent, employee,
or officer thereof, shall be immune or exempt from any process or
sanction of any State or Federal court with respect to the enforcement
of any such injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil penalty under
any Federal, State, interstate, or local water pollution law with
respect to any act or omission within the scope of the official duties
of the agent, employee, or officer. An agent, employee, or officer of
the United States shall be subject to any criminal sanction (including,
but not limited to, any fine or imprisonment) under any Federal or
State water pollution law, but no department, agency, or
instrumentality of the executive, legislative, or judicial branch of
the Federal Government shall be subject to any such sanction.
``(b) Administrative Enforcement Actions.--
``(1) In general.--The Administrator, the Secretary of the
Army, and the Secretary of the Department in which the Coast
Guard is operating may commence an administrative enforcement
action against any department, agency, or instrumentality of
the executive, legislative, or judicial branch of the Federal
Government pursuant to the enforcement authorities contained in
this Act. The Administrator or Secretary, as applicable, shall
initiate an administrative enforcement action against such a
department, agency, or instrumentality in the same manner and
under the same circumstances as an action would be initiated
against another person. Any voluntary resolution or settlement
of such an action shall be set forth in a consent order.
``(2) Opportunity to confer.--No administrative order
issued to such a department, agency, or instrumentality shall
become final until such department, agency, or instrumentality
has had the opportunity to confer with the Administrator or
Secretary, as applicable.
``(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of the enactment
of this subsection or a State constitution requires the funds to be
used in a different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for violation of
any substantive or procedural requirement referred to in subsection (a)
shall be used by the State only for projects designed to improve or
protect the environment or to defray the costs of environmental
protection or enforcement.''.
SEC. 3. DEFINITION OF PERSON.
(a) General Definitions.--Section 502(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting
before the period at the end the following: ``and includes any
department, agency, or instrumentality of the United States''.
(b) Oil and Hazardous Substance Liability Program.--Section
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting
before the semicolon at the end the following: ``and any department,
agency, or instrumentality of the United States''. | Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act to require each Federal department, agency, and instrumentality to be subject to and comply with all Federal, State, and local requirements with respect to the control and abatement of water pollution and management in the same manner and extent as any person is subject to such requirements, including the payment of reasonable service charges. Waives immunity of the United States with respect to any such requirements.
Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution laws, but prohibits applying criminal sanctions to Federal agencies.
Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions under this Act. Allows States to use funds collected from the Federal Government under this Act only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.
Includes Federal agencies within the definition of "person" for purposes of such Act. | {"src": "billsum_train", "title": "Federal Facilities Clean Water Compliance Act of 1997"} | 1,206 | 245 | 0.538848 | 1.676543 | 0.855913 | 4.204348 | 4.817391 | 0.882609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Asthma Assistance Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Asthma is a serious chronic condition affecting an
estimated 14,000,000 to 15,000,000 individuals in the United
States, including almost 5,000,000 children.
(2) Asthma accounts for an estimated 3 million lost
workdays for adults and 10.1 million lost school days in
children annually. Asthma is one of the Nation's most common
and costly diseases. Over the past 20 years mortality,
morbidity and hospital discharge rates attributed to asthma
have substantially increased. Between 1979 and 1998, the age-
adjusted mortality rate increased 56 per-cent while the
prevalence rate increased by almost 22 percent in males and 97
percent in females between 1982 and 1996.
(3) Asthma is a chronic illness that is treatable with
ambulatory and specialty care, but over 43 percent of its
economic impact comes from use of emergency rooms,
hospitalization, and death.
(4) Certain pests, such as cockroaches and rodents, are
known to create public health problems and proliferate at
higher rates in urban areas. These pests may spread infectious
disease and contribute to the worsening of chronic respiratory
illnesses, including asthma.
(5) Research supported by the National Institutes of Health
demonstrated that the cockroach, rodent, house dust mite, and
mold allergens, as well as tobacco smoke and feathers, are
important environmental causes of asthma-related illness and
hospitalization among children in inner-city areas of the
United States.
(6) Morbidity and mortality related to childhood asthma are
disproportionately high in urban areas.
(7) In 1996 the prevalence rate in whites was 53.5 per
1,000 persons while the prevalence rate in blacks was 69.6 per
1,000 persons. Both of these rates represent significant
differences from the rates reported in 1982, when they were
34.6 and 39.2 for whites and blacks, respectively.
(8) In 1995, there were more than 1,800,000 emergency room
visits made for asthma-related attacks and among these, the
rate for emergency room visits was 48.8 per 10,000 visits among
whites and 228.9 per 10,000 visits among blacks. These
statistics confirm that our healthcare system encourages
emergency room and trauma care rather than prevention.
(9) Hospitalization rates were highest for individuals 4
years old and younger, and were 10.9 per 10,000 visits for
whites and 35.5 per 10,000 visits for blacks.
(10) Minority children living in urban areas are especially
vulnerable to asthma. In 1988, national prevalence rates were
26 percent higher for black children than for white children.
(11) Asthma is the most common chronic illness in
childhood, afflicting nearly 5,000,000 children under age 18,
and costing an estimated $1,900,000,000 to treat those
children. The death rate for children age 19 and younger
increased by 78 percent between 1980 and 1993.
(12) From 1979 to 1992, the hospitalization rates among
children due to asthma increased 74 percent. It is estimated
that more than 7 percent of children now have asthma.
(13) Although asthma can occur at any age, about 80 percent
of the children who will develop asthma do so before starting
school.
(14) From 1980 to 1994, the most substantial prevalence
rate increase for asthma occurred among children aged 0 to 4
years (160 percent) and persons aged 5 to 14 years (74 percent).
(15) Children aged 0 to 5 years who are exposed to maternal
smoking are 201 times more likely to develop asthma compared
with those free from exposure.
(16) According to data from the 1988 National Health
Interview Survey (NHIS), which surveyed children for their
health experiences over a 12-month period, 25 percent of those
children reported experiencing a great deal of pain or
discomfort due to asthma either often or all the time during
the previous 12 months.
(17) Asthma entails an annual economic cost to our nation
in direct health care costs of $8.1 billion; indirect costs
(lost productivity) add another $4.6 billion for a total of
$12.7 billion. Inpatient hospital services represented the
largest single direct medical expenditure, over $3.5 billion.
The value of reduced productivity due to loss of school days
represented the largest single indirect cost at $1.5 billion.
(18) According to a 1995 National Institute of Health
workshop report, missed school days accounted for an estimated
cost of lost productivity for parents of children with asthma
of almost $1,000,000,000 per year.
(19) Managing asthma requires a long-term, multifaceted
approach, including patient education, specialty care, life
skills training, nutrition counseling elimination or avoidance
of asthma triggers, pharmacologic therapy, and scheduled
medical follow-up.
(20) In recognition of the growing public health crisis in
asthma, in 1999, the Centers for Disease Control and Prevention
developed the National Asthma Control Program within the
National Center for Environmental Health to determine the
incidence, prevalence, and circumstances of asthma cases.
(21) Enhancing the available prevention, educational,
research, and treatment resources with respect to asthma in the
United States will allow our Nation to address more effectively
the problems associated with this increasing threat to the
health and well-being of our citizen.
SEC. 3. CDC'S URBAN ASTHMA PREVENTION PROGRAMS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall provide, through the National Asthma Control Program within the
National Center for Environmental Health, additional intervention
program grants to address the incidence of asthma in urban areas.
(b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there are authorized to be appropriated $15,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.
SEC. 4. MEDICAID MODEL TREATMENT CENTERS DEMONSTRATION PROGRAM.
Under the authority provided in section 1115 of the Social Security
Act (42 U.S.C. 1315), the Secretary of Health and Human Services shall
permit States under the medicaid program under title XIX of the Social
Security Act to develop model asthma treatment centers demonstration
programs that--
(1) are based on the scientifically validated asthma
treatment models developed by the National Cooperative Inner-
City Asthma Study supported by the National Institute of
Allergy and Infectious Diseases;
(2) include education, screening, and treatment services
for children with asthma;
(3) involve nonprofit organizations that can affect patient
beliefs, behavior, and outcomes;
(4) include specialty care and access to a full range of
available treatments to minimize unwanted side effects; and
(5) improve health outcomes while lowering overall health
care expenditures.
SEC. 5. CDC GUIDELINES REGARDING COORDINATION OF DATA.
For the purpose of facilitating the utility and comparability of
asthma data collected by State and local health departments, the
Secretary of Health and Human Services, acting through the Director of
the Centers for Disease Control and Prevention, shall develop and
disseminate to such departments guidelines on the collection and
reporting of such data.
SEC. 6. INCREASING NUMBER OF CDC HEALTH PROFESSIONALS SERVING IN ASTHMA
PROGRAMS.
For the purpose of increasing the number of full-time equivalent
employees of the Centers for Disease Control and Prevention who are
health professionals and serve in asthma programs of such Centers,
there are authorized to be appropriated $4,000,000 for fiscal year
2003, and such sums as may be necessary for each of the fiscal years
2004 through 2007. | Urban Asthma Assistance Act - Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to provide through the National Asthma Control Program within the National Center for Environmental Health, additional intervention program grants to address the incidence of asthma in urban areas.Requires the Secretary of Health and Human Services to permit States under the medicaid program under title XIX of the Social Security Act to develop model asthma treatment centers demonstration programs.Requires the Secretary, acting through the Director of the CDC, to develop and disseminate guidelines on the collection and reporting of asthma data.Authorizes appropriations for CDC professionals serving in asthma programs. | {"src": "billsum_train", "title": "To provide for various programs and activities to respond to the problem of asthma in urban areas."} | 1,628 | 160 | 0.381647 | 1.030792 | 0.483685 | 6.390625 | 12.117188 | 0.984375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Number Protection
Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Person.--The term ``person'' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or any other entity.
(3) Sale.--The term ``sale'' means obtaining, directly or
indirectly, anything of value in exchange for a Social Security
number or Social Security account number. Such term does not
include the submission of such numbers as part of the process
for applying for any type of Government benefit or programs
(such as grant or loan applications or welfare or other public
assistance programs). Such term also does not include transfers
of such numbers as part of a data matching program under the
Computer Matching and Privacy Protection Act.
(4) Purchase.--The term ``purchase'' means providing
directly or indirectly, anything of value in exchange for a
Social Security number or Social Security account number. Such
term does not include the submission of such numbers as part of
the process for applying for any type of Government benefit or
programs (such as grant or loan applications or welfare or
other public assistance programs). Such term also does not
include transfers of such numbers as part of a data matching
program under the Computer Matching and Privacy Protection Act.
(5) Social security number.--The term ``Social Security
number'' means the social security account number assigned to
an individual under section 205(c)(2)(B) of the Social Security
Act (42 U.S.C. 405(c)(2)(B)).
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, and any territory or possession of the
United States.
SEC. 3. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS.
(a) Prohibition.--It shall be unlawful for any person to sell or
purchase a Social Security number in a manner that violates a
regulation promulgated by the Commission under subsection (b) of this
section.
(b) Regulations.--
(1) Restrictions authorized.--The Commission, after
consultation with the Commissioner of Social Security, the
Attorney General, and other agencies as the Commission deems
appropriate, shall promulgate regulations restricting the sale
and purchase of Social Security numbers and any unfair or
deceptive acts or practices in connection with the sale and
purchase of Social Security numbers.
(2) Limitations on restrictions.--In promulgating such
regulations, the Commission shall impose restrictions and
conditions on the sale and purchase of Social Security numbers
that are no broader than necessary--
(A) to provide reasonable assurance that Social
Security numbers will not be used to commit or
facilitate fraud, deception, or crime; and
(B) to prevent an undue risk of bodily, emotional,
or financial harm to individuals.
For purposes of subparagraph (B), the Commission shall consider
the nature, likelihood, and severity of the anticipated harm;
the nature, likelihood, and extent of any benefits that could
be realized from the sale or purchase of the numbers; and any
other relevant factors.
(3) Exceptions.--The regulations promulgated pursuant to
paragraph (1) shall include exceptions which permit the sale
and purchase of Social Security numbers--
(A) to the extent necessary for law enforcement or
national security purposes;
(B) to the extent necessary for public health
purposes;
(C) to the extent necessary in emergency situations
to protect the health or safety of 1 or more
individuals;
(D) to the extent necessary for research conducted
for the purpose of advancing public knowledge, on the
condition that the researcher provides adequate
assurances that--
(i) the Social Security numbers will not be
used to harass, target, or publicly reveal
information concerning any identifiable
individuals;
(ii) information about identifiable
individuals obtained from the research will not
be used to make decisions that directly affect
the rights, benefits, or privileges of specific
individuals; and
(iii) the researcher has in place
appropriate safeguards to protect the privacy
and confidentiality of any information about
identifiable individuals;
(E) to the extent consistent with an individual's
voluntary and affirmative written consent to the sale
or purchase of a Social Security number that has been
assigned to that individual;
(F) to the extent necessary for legitimate consumer
credit verification, if the Social Security numbers
used for such verification are redacted in accordance
with uniform redaction standards established by the
Commission in such regulations; and
(G) under other appropriate circumstances as the
Commission may determine and as are consistent with the
principles in paragraph (2).
(c) Rulemaking.--
(1) Deadline for action.--Not later than 1 year after the
date of enactment of this Act, the Commission shall promulgate
the regulations under subsection (b) of this section, in
accordance with section 553 of title 5, United States Code.
(2) Effective dates.--Subsection (a) and the regulations
promulgated under subsection (b) shall take effect 30 days
after the date on which the final regulations issued under this
section are published in the Federal Register.
(d) Enforcement.--Any violation of a regulation promulgated under
subsection (b) of this section shall be treated as a violation of a
regulation under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(e) Administration and Enforcement.--
(1) The commission.--The Commission shall prevent any
person from violating this section, and any regulation
promulgated thereunder, 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 Act. Any person who violates such
regulation shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) 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 Act. Nothing contained in this Act shall be construed to
limit the authority of the Commission under any other provision
of law.
(2) Actions by states.--
(A) Civil actions.--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 or adversely affected by an act or
practice that violates any regulation of the Commission
promulgated under subsection (b), 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--
(i) enjoin that act or practice;
(ii) enforce compliance with the
regulation;
(iii) obtain civil penalties in an amount
of $11,000 per violation not to exceed a total
of $5,000,000; or
(iv) obtain such other legal and equitable
relief as the district court may consider to be
appropriate.
Before filing an action under this subsection, the
attorney general of the State involved shall provide to
the Commission and to the Attorney General a written
notice of that action and a copy of the complaint for
that action. If the State attorney general determines
that it is not feasible to provide the notice described
in this subparagraph before the filing of the action,
the State attorney general shall provide the written
notice and the copy of the complaint to the Commission
and to the Attorney General as soon after the filing of
the complaint as practicable.
(B) Commission and attorney general authority.--On
receiving notice under subparagraph (A), the Commission
and the Attorney General each shall have the right--
(i) to move to stay the action, pending the
final disposition of a pending Federal matter
as described in subparagraph (c);
(ii) to intervene in an action under clause
(I);
(iii) upon so intervening, to be heard on
all matters arising therein; and
(iv) to file petitions for appeal.
(C) Pending criminal proceedings.--If the Attorney
General has instituted a criminal proceeding or the
Commission has instituted a civil action for a
violation of this Act or any regulations thereunder, no
State may, during the pendency of such proceeding or
action, bring an action under this section against any
defendant named in the criminal proceeding or civil
action for any violation of this section that is
alleged in that proceeding or action.
(D) Rule of construction.--For purposes of bringing
any civil action under subparagraph (A), nothing in
this Act shall be construed to prevent an attorney
general of a State from exercising the powers conferred
on the attorney general by the laws of that State to
conduct investigations, administer oaths and
affirmations, or compel the attendance of witnesses or
the production of documentary and other evidence.
(E) Venue; service of process.--Any action brought
under this section 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. In an action brought under this
section, process may be served in any district in which
the defendant is an inhabitant or may be found.
SEC. 4. EFFECT ON OTHER LAWS.
This Act supersedes any provision of a statute, regulation, or rule
of a State or political subdivision of a State that expressly restricts
or prohibits the sale or purchase of Social Security numbers in a
manner consistent with the regulations promulgated under section 3(b). | Social Security Number Protection Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to make it unlawful for any person, except in certain circumstances, to: (1) intentionally display the Social Security number of another individual on a website generally accessible to the public or providing an individual with access to another individual's Social Security number through the Internet; (2) require an individual who is a customer of or member associated with such person to use the individual's Social Security number as a password for access to any good or service, including any account or protected access website; or (3) display any individual's Social Security number on any membership or identity card.
Amends SSA title II to make it unlawful for any person to sell or purchase a Social Security number, without an individual's voluntary written consent, in a manner that violates a regulation promulgated by the Federal Trade Commission (FTC), except in certain circumstances related to law enforcement, national security, public health, or emergency safety and health. Prescribes requirements for such a sale or purchase in other circumstances related to consumer credit verification or specified research.
Requires the Commission to study and report to Congress on the feasibility of banning use of the Social Security number as a primary means of authenticating identity or verifying it for commercial transactions. Requires the study also to examine possible alternatives to Social Security numbers for such purposes and uses. | {"src": "billsum_train", "title": "To strengthen the authority of the Federal Government to protect individuals from certain acts and practices in the sale and purchase of Social Security numbers and Social Security account numbers, and for other purposes."} | 2,177 | 312 | 0.548458 | 1.725318 | 0.614473 | 1.744681 | 7.212766 | 0.765957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Standards for
Government Attorneys Act of 2001''.
SEC. 2. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.
(a) Section 530B of title 28, United States Code, is amended to
read as follows:
``SEC. 530B. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.
``(a) Definitions.--In this section:
``(1) Government attorney.--The term `Government
attorney'--
``(A) means the Attorney General; the Deputy
Attorney General; the Solicitor General; the Associate
Attorney General; the head of, and any attorney
employed in, any division, office, board, bureau,
component, or agency of the Department of Justice; any
United States Attorney; any Assistant United States
Attorney; any Special Assistant to the Attorney General
or Special Attorney appointed under section 515; any
Special Assistant United States Attorney appointed
under section 543 who is authorized to conduct criminal
or civil law enforcement investigations or proceedings
on behalf of the United States; any other attorney
employed by the Department of Justice who is authorized
to conduct criminal or civil law enforcement
proceedings on behalf of the United States; any
independent counsel, or employee of such counsel,
appointed under chapter 40; and any outside special
counsel, or employee of such counsel, as may be duly
appointed by the Attorney General; and
``(B) does not include any attorney employed as an
investigator or other law enforcement agent by the
Department of Justice who is not authorized to
represent the United States in criminal or civil law
enforcement litigation or to supervise such
proceedings.
``(2) State.--The term `State' includes a Territory and the
District of Columbia.
``(b) Choice of Law.--Subject to any uniform national rule
prescribed by the Supreme Court under chapter 131, the standards of
professional responsibility that apply to a Government attorney with
respect to the attorney's work for the Government shall be--
``(1) for conduct in connection with a proceeding in or
before a court, the standards of professional responsibility
established by the rules and decisions of that court;
``(2) for conduct reasonably intended to lead to a
proceeding in or before a court, the standards of professional
responsibility established by the rules and decisions of the
court in or before which the proceeding is intended to be
brought; and
``(3) for all other conduct, the standards of professional
responsibility established by the rules and decisions of the
Federal district court for the judicial district in which the
attorney principally performs his or her official duties.
``(c) Licensure.--A Government attorney (except foreign counsel
employed in special cases)--
``(1) shall be duly licensed and authorized to practice as
an attorney under the laws of a State; and
``(2) shall not be required to be a member of the bar of
any particular State.
``(d) Covert Activities.--Notwithstanding any provision of State
law, including disciplinary rules, statutes, regulations,
constitutional provisions, or case law, a Government attorney may, for
the purpose of enforcing Federal law, provide legal advice,
authorization, concurrence, direction, or supervision on conducting
covert activities, and participate in such activities, even though such
activities may require the use of deceit or misrepresentation.
``(e) Admissibility of Evidence.--No violation of any disciplinary,
ethical, or professional conduct rule shall be construed to permit the
exclusion of otherwise admissible evidence in any Federal criminal
proceeding.
``(f) Rulemaking Authority.--The Attorney General shall make and
amend rules of the Department of Justice to ensure compliance with this
section.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
31 of title 28, United States Code, is amended, in the item relating to
section 530B, by striking ``Ethical standards for attorneys for the
Government'' and inserting ``Professional standards for Government
attorneys''.
(c) Reports.--
(1) Uniform rule.--In order to encourage the Supreme Court
to prescribe, under chapter 131 of title 28, United States
Code, a uniform national rule for Government attorneys with
respect to communications with represented persons and parties,
not later than 1 year after the date of enactment of this Act,
the Judicial Conference of the United States shall submit to
the Chief Justice of the United States a report, which shall
include recommendations with respect to amending the Federal
Rules of Practice and Procedure to provide for such a uniform
national rule.
(2) Actual or potential conflicts.--Not later than 2 years
after the date of enactment of this Act, the Judicial
Conference of the United States shall submit to the Chairmen
and Ranking Members of the Committees on the Judiciary of the
House of Representatives and the Senate a report, which shall
include--
(A) a review of any areas of actual or potential
conflict between specific Federal duties related to the
investigation and prosecution of violations of Federal
law and the regulation of Government attorneys (as that
term is defined in section 530B of title 28, United
States Code, as amended by this Act) by existing
standards of professional responsibility; and
(B) recommendations with respect to amending the
Federal Rules of Practice and Procedure to provide for
additional rules governing attorney conduct to address
any areas of actual or potential conflict identified
pursuant to the review under subparagraph (A).
(3) Report considerations.--In carrying out paragraphs (1)
and (2), the Judicial Conference of the United States shall
take into consideration--
(A) the needs and circumstances of multiforum and
multijurisdictional litigation;
(B) the special needs and interests of the United
States in investigating and prosecuting violations of
Federal criminal and civil law; and
(C) practices that are approved under Federal
statutory or case law or that are otherwise consistent
with traditional Federal law enforcement techniques. | Professional Standards for Government Attorneys Act of 2001 - Amends the Federal judicial code to specify which standards of professional responsibility apply to a Government attorney in various choice of law scenarios. Provides that a Government attorney (except foreign counsel employed in special cases) shall: (1) be duly licensed and authorized to practice as an attorney under the laws of a State; and (2) not be required to be a member of the bar of any particular State. Authorizes a Government attorney, for the purpose of enforcing Federal law, to provide legal advice, authorization, concurrence, direction, or supervision on conducting covert activities and to participate in such activities, even though such activities may require the use of deceit or misrepresentation.Provides that no violation of any disciplinary, ethical, or professional conduct rule shall be construed to permit the exclusion of otherwise admissible evidence in any Federal criminal proceeding.Requires the Judicial Conference of the United States to report to: (1) the Chief Justice of the United States on recommendations with respect to amending the Federal Rules of Criminal Procedure (FRCrP) to provide for a uniform national rule for Government attorneys with respect to communications with represented persons and parties; and (2) the House and Senate Judiciary Committees on a review of any areas of conflict between specific Federal duties related to the investigation and prosecution of violations of Federal law and the regulation of Government attorneys by existing standards of professional responsibility and on recommendations with respect to amending the FRCrP to provide for additional rules governing attorney conduct to address such conflicts. | {"src": "billsum_train", "title": "A bill to clarify the applicable standards of professional conduct for attorneys for the Government, and for other purposes."} | 1,291 | 339 | 0.563527 | 1.783599 | 0.772928 | 5.778157 | 4.167235 | 0.952218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allocation for Music Producers Act''
or the ``AMP Act''.
SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES.
(a) Letter of Direction.--Section 114(g) of title 17, United States
Code, is amended by adding at the end the following new paragraph:
``(5) Letter of direction.--A collective designated by the
Copyright Royalty Judges to distribute receipts from the
licensing of transmissions in accordance with subsection (f)
shall adopt and reasonably implement a policy that provides, in
circumstances determined by the collective to be appropriate,
for acceptance of instructions from a payee identified in
subparagraph (A) or (D) of paragraph (2) to distribute a
portion of the payments to which the payee otherwise would be
entitled from the licensing of transmissions of a particular
sound recording to a producer, mixer, or sound engineer who was
part of the creative process that created the sound recording
(in this section, referred to as a `letter of direction'). To
the extent that the collective accepts a letter of direction,
the person entitled to payment pursuant to such letter of
direction shall, during the time such letter of direction is in
effect and followed by the collective, be treated for all
purposes as the owner of the right to receive such payment.
This paragraph shall not be interpreted to imply that a
collective cannot accept or act upon payment instructions in
other circumstances.''.
(b) Additional Provisions for Recordings Fixed Before November 1,
1995.--Section 114(g) of title 17, United States Code, as amended by
subsection (a), is further amended by adding at the end the following
new paragraph:
``(6) Sound recordings fixed before november 1, 1995.--
``(A) Payment absent letter of direction.--A
collective designated by the Copyright Royalty Judges
to distribute receipts from the licensing of
transmissions in accordance with subsection (f) shall
adopt and reasonably implement a policy that provides,
in circumstances determined by the collective to be
appropriate, for deduction of 2 percent of the receipts
from the licensing of transmissions of a sound
recording fixed before November 1, 1995, from receipts
otherwise payable to the recording artist or artists
featured on such sound recording (or the persons
conveying rights in the artists' performance in the
sound recordings) pursuant to paragraph (2)(D) (which
leaves the recording artist or artists featured on such
sound recording (or the persons conveying rights in the
artists' performance in the sound recordings) 43
percent of the total receipts paid pursuant to
paragraph (2)) and distribution of such amount to one
or more persons described in subparagraph (B), after
deduction of costs as described in paragraph (3) or
(4), as applicable, if each of the following
requirements is met:
``(i) Certification of attempt to obtain a
letter of direction.--A person described in
subparagraph (B) certified to the collective,
under penalty of perjury, that--
``(I) for a period of at least 4
months, that person made reasonable
efforts to contact the artist payee for
such sound recording to request and
obtain a letter of direction
instructing the collective to pay a
portion of the royalties from the
featured recording artist or artists to
that person; and
``(II) during the period beginning
on the date that person began the
reasonable efforts described in
subclause (I) and ending on date of
that person's certification to the
collective, the artist payee did not
definitively affirm or deny the request
for a letter of direction.
``(ii) Collective attempt to contact
artist.--After receipt of the certification
described in clause (i) and for a period of at
least 4 months before the collective's first
distribution to the person described in
subparagraph (B), the collective attempted to
notify the artist payee of the certification
made by the person described in subparagraph
(B) in a manner reasonably determined by the
collective.
``(iii) No objection received.--An
objection to the distribution has not been
submitted to the collective by the artist payee
as of the date that is 10 business days before
the date on which the first distribution is
made.
``(B) Eligibility for payment.--A person shall be
eligible for payment under subparagraph (A) if such
person--
``(i) is a producer, mixer, or sound
engineer of the relevant sound recording;
``(ii) has entered into a written contract
with a record company involved in the creation
or lawful exploitation of the relevant sound
recording, or with the recording artist or
artists featured on such sound recording (or
the persons conveying rights in the artists'
performance in the sound recordings), pursuant
to which such person is entitled to participate
in royalty payments based on exploitation of
the relevant sound recording that are payable
from royalties otherwise payable to the
recording artist or artists featured on such
sound recording (or the persons conveying
rights in the artists' performance in the sound
recordings);
``(iii) made a contribution, of a nature
subject to copyright protection under section
102, to the creation of the relevant sound
recording; and
``(iv) submits a written certification to
the collective stating, under penalty of
perjury, that such person meets the
requirements in clauses (i) through (iii) and
includes a true copy of the contract described
in clause (ii).
``(C) Multiple certifications.--Subject to
subparagraph (D), in a case in which more than one
person described in subparagraph (B) has met the
requirements for a distribution pursuant to
subparagraph (A) with respect to a sound recording as
of the date that is 10 business days before the date on
which a distribution is made, the collective shall
divide the 2 percent distribution equally among all
such persons.
``(D) Objection to payment.--Not later than 10 days
after the collective receives from the artist payee a
written objection to a distribution made pursuant to
subparagraph (A), the collective shall cease making any
further payment related to such distribution. In any
case in which the collective has made one or more
distributions pursuant to subparagraph (A) to a person
described in subparagraph (B) before the date that is
10 business days after the date on which the collective
receives an objection by the artist payee to such
distribution, the objection shall not affect that
person's entitlement to any distribution made before
the collective ceases such distribution pursuant to
this subparagraph.
``(E) Ownership of the right to receive payments.--
To the extent that the collective determines that a
distribution will be made pursuant to subparagraph (A)
to a person described in subparagraph (B), such person
shall during the period of such distribution be treated
for all purposes as the owner of the right to receive
such payments.
``(F) Artist payee defined.--In this paragraph, the
term `artist payee' means a person, other than a person
described in subparagraph (B), who owns the right to
receive all or part of the receipts payable under
paragraph (2)(D) with respect to a sound recording. In
a case in which there are multiple artist payees with
respect to a sound recording, an objection by one such
payee shall apply only to that payee's share of the
receipts payable under paragraph (2)(D), and does not
preclude payment under subparagraph (A) from the share
of an artist payee that does not object.''.
(c) Technical and Conforming Amendments.--Section 114(g) of title
17, United States Code, as amended by subsections (a) and (b), is
further amended--
(1) in paragraph (2), by striking ``An agent designated''
and inserting ``Except as provided for in paragraph (6), a
collective designated by the Copyright Royalty Judges'';
(2) in paragraph (3)--
(A) by striking ``agent designated'' and inserting
``collective designated by the Copyright Royalty
Judges''; and
(B) by striking ``agent'' and inserting
``collective'', each place it appears; and
(3) in paragraph (4), by striking ``agent'' and inserting
``collective'', each place it appears. | Allocation for Music Producers Act or the AMP Act This bill amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions (referred to as a "letter of direction") from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording. The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording. | {"src": "billsum_train", "title": "Allocation for Music Producers Act"} | 1,876 | 199 | 0.674166 | 2.124353 | 0.801558 | 3.388235 | 10.329412 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities and Exchange Commission
Authorization Act of 1993''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 35 of the Securities Exchange Act of 1934 (15 U.S.C. 78kk)
is amended to read as follows:
``authorization of appropriations
``Sec. 35. There are authorized to be appropriated to carry out the
functions, powers, and duties of the Commission--
``(1) $281,900,000 for fiscal year 1994; and
``(2) $317,700,000 for fiscal year 1995.
Funds appropriated for any fiscal year pursuant to this section are
authorized to remain available during the succeeding fiscal year.''.
SEC. 3. SECURITIES AND EXCHANGE COMMISSION FEES.
(a) Full Cost Recovery of Commission Expenses.--The Securities
Exchange Act of 1934 is further amended by inserting after section 31
the following new section:
``full cost recovery of commission expenses
``Sec. 31A. (a) Purpose.--It is the purpose of this section--
``(1) to establish a system for the annual adjustment of
fees collected by the Commission so that the total amount
appropriated to the Commission for any fiscal year will be
offset by the amount collected during such fiscal year; and
``(2) in order to permit an orderly transition to this
method of funding the Commission, to require that such fees
continue to collect general revenues during each of the fiscal
years 1994 through 1998 in amounts commensurate with the amount
of such revenues produced by such fees prior to the enactment
of this section.
``(b) Establishment of Adjusted Rates.--
``(1) Obligation to adjust rates to recover cost.--For each
of the fiscal years after fiscal year 1993, the Commission, by
rule or order, shall adjust the rate of each of the fees
described in subsection (c) to secure (when combined with fees
collected during the period from October 1 through December 31
under the rates then in effect) a total amount of collections
of such fees during such fiscal year that can reasonably be
expected to equal the sum of--
``(A) the applicable surplus amount for such fiscal
year, if any; and
``(B) subject to subsection (e)(1), the amount
appropriated for such fiscal year of this title
(determined without regard to any reduction of the net
amount appropriated that is attributable to offsetting
collections).
``(2) Method of adjustment.--Such rates shall be adjusted
by making an equal proportionate change in each of such rates,
except that the Commission may round such proportionate changes
to avoid requiring rates that are unduly mathematically
complex.
``(3) Effective date of adjustments.--Such adjusted rates
shall apply--
``(A) with respect to any fee described in
paragraph (1), (2), (3), or (5) of subsection (c), to
any fee paid on or after January 1 of such fiscal year;
and
``(B) with respect to any fee described in
paragraph (4) of such subsection, to any fee based on a
transaction occurring on or after January 1 of such
fiscal year.
Any such adjusted rate shall continue to apply until the
effective date of a subsequent adjusted rate.
``(c) Fees to Which Adjustments Apply.--For purposes of this
section, the fees described in this subsection are--
``(1) the fees collected under section 6(b) of the
Securities Act of 1933;
``(2) the fees collected under section 13(e) of this title;
``(3) the fees collected under section 14(g) of this title;
``(4) the fees collected under section 31 of this title;
and
``(5) the fees collected under section 203A of the
Investment Advisers Act of 1940.
``(d) Applicable Surplus Amount.--For purposes of subsection
(b)(1)(A), the applicable surplus amount is equal to--
``(1) $171,000,000 for fiscal year 1994;
``(2) $174,000,000 for fiscal year 1995;
``(3) $178,000,000 for fiscal year 1996;
``(4) $181,000,000 for fiscal year 1997;
``(5) $184,000,000 for fiscal year 1998; and
``(6) zero each succeeding fiscal year.
``(e) Deposit and Credit of Offsetting Collections.--
``(1) Offsetting collections contingent on
appropriations.--The authority of the Commission to collect and
deposit fees as offsetting collections pursuant to paragraph
(2) is available only to the extent provided in advance in
appropriations Acts.
``(2) Offsetting collections.--Of the moneys received
during any fiscal year from fees described in subsection (c),
there shall (subject to paragraph (1)) be deposited as an
offsetting collection in, and credited to, the account
providing appropriations to carry out the functions described
in the sections referred to in such subsection, an amount equal
to the amount appropriated to the Commission for such fiscal
year (determined without regard to any reduction attributable
to such offsetting collections and excluding any amounts that
are permitted to remain available after the close of the
succeeding fiscal year).
``(3) General revenues.--The remainder of any moneys
received during any fiscal year (after complying with paragraph
(2)) shall be deposited in the Treasury of the United States as
miscellaneous receipts.
``(f) Judicial Review; Reports to Congress.--The determinations and
adjustments made by the Commission under this section shall not be
subject to judicial review. The Commission shall, not less than 30 days
before the effective date of any adjustments required by this section,
submit such adjustments to the Congress together with a report
explaining the estimates and calculations on which such adjustments are
based.
``(g) Reclassification for Budget Purposes.--
``(1) Effect on discretionary spending limits.--For
purposes of complying with section 251 of the Balanced Budget
and Emergency Deficit Control Act of 1985, the change mandated
by subsection (e) of this section in the budgetary treatment of
certain moneys received from fees shall be treated as a change
in concepts and definitions within the meaning of section
251(b)(1)(A) of that Act. Accordingly--
``(A) at the earliest time allowed by section
251(b)(1) of that Act, the Director of the Office of
Management and Budget shall adjust the discretionary
spending limits in accordance with section 251(b)(1) to
reflect this change in concepts and definitions; and
``(B) if a final sequestration report under section
254(g) of that Act is issued before the adjustment
under subparagraph (A) occurs, the change in budgetary
treatment mandated by subsection (e) of this section
shall be disregarded for all purposes of that report.
``(2) Effect on pay-as-you-go limits.--The changes mandated
by this section shall be treated as affecting receipts for
purposes of section 252 of that Act only to the extent that the
applicable surplus amount differs from the surplus amount in
the baseline. For this purpose, the surplus amount in the
baseline shall be determined by subtracting the baseline
estimate of outlays of the Commission from the baseline
estimate of receipts generated by the fees described in
subsection (c).''.
(b) Adjustment of Fees to Recover Costs.--
(1) Changes in application and collection of transaction
fees under section 31 of the securities exchange act of 1934.--
Section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) is amended to read as follows:
``transaction fees
``Sec. 31. (a) Cost Recovery.--The Commission shall, in accordance
with this section and subject to section 31A(e), collect transaction
fees to recover the costs of supervision and regulation of, and
enforcement with respect to, securities markets and securities
professionals. Such costs shall include a proportional share of related
Commission expenses in the following areas: enforcement activities,
policy and rulemaking activities, administration, legal services,
investor information services, and international regulatory activities.
``(b) Exchange-Traded Securities.--Every national securities
exchange shall pay to the Commission a fee in an amount equal to 1/
300th of 1 percent of the aggregate dollar amount of sales of
securities (other than bonds, debentures, and other evidences of
indebtedness) transacted on such national securities exchange.
``(c) Off-Exchange-Traded Securities.--For transactions occurring
on or after January 1, 1994, every national securities association
shall pay to the Commission a fee in an amount equal to 1/300th of 1
percent of the aggregate dollar amount of sales transacted by or
through any member of such association otherwise than on a national
securities exchange of--
``(1) securities registered on such an exchange (other than
bonds, debentures, and other evidences of indebtedness); and
``(2) securities (other than bonds, debentures, and other
evidences of indebtedness) subject to prompt last sale
reporting pursuant to the rules of a registered national
securities association.
``(d) Dates for Payment of Fees.--For transactions occurring on or
after January 1, 1994, the fees required by subsections (b) and (c)
shall be paid semiannually. Fees shall be paid on September 15 for
transactions occurring during the period from the preceding January 1
through June 30, and shall be paid on March 15 for transactions
occurring during the period from the preceding July 1 through December
31.
``(e) Exemptions.--The Commission, by rule, may exempt any sale of
securities or any class of sales of securities from any fee imposed by
this section, if the Commission finds that such exemption is consistent
with the public interest, the equal regulation of markets and brokers
and dealers, and the development of a national market system.
``(f) Rates Subject to Adjustment and Contingent on
Appropriations.--The fees required by this section are subject to
adjustment by the Commission pursuant to section 31A of this title. The
authority to collect such fees and the total amount of such fees are
subject to subsection (e) of such section.''.
(2) Registration fees.--Section 6(b) of the Securities Act
of 1933 (15 U.S.C. 77f(b)) is amended to read as follows:
``(b)(1) The Commission shall, in accordance with this subsection
and subject to section 31A(e) of the Securities Exchange Act of 1934,
collect registration fees to recover the costs of services of the
securities registration process. Such costs shall include a
proportional share of related Commission expenses in the following
areas: enforcement activities, policy and rulemaking activities,
administration, legal services, investor information services, and
international regulatory activities.
``(2) At the time of filing a registration statement, the applicant
shall pay to the Commission a fee of \1/32\ of 1 percent of the maximum
aggregate price at which such securities are proposed to be offered,
but in no case shall such fee be less than $100.
``(3) The fees required by this subsection are subject to
adjustment by the Commission pursuant to section 31A of the Securities
Exchange Act of 1934. The authority to collect such fees and the total
amount of such fees are subject to subsection (e) of such section.''.
(3) Self-tendering transactions.--Section 13(e)(3) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e)(3)) is
amended--
(A) by inserting after ``(3)'' the following: ``The
Commission shall, in accordance with this paragraph and
subject to section 31A(e), collect fees to recover the
costs of supervision and regulation of, and enforcement
with respect to, disclosure relating to transactions
subject to this subsection. Such costs shall include a
proportional share of related Commission expenses in
the following areas: enforcement activities, policy and
rulemaking activities, administration, legal services,
investor information services, and international
regulatory activities.'';
(B) by striking ``\1/50\ of 1 per centum'' and
inserting ``\1/32\ of 1 percent''; and
(C) by adding at the end thereof the following:
``The fees required by this paragraph are subject to
adjustment by the Commission pursuant to section 31A of
the Securities Exchange Act of 1934. The authority to
collect such fees and the total amount of such fees are
subject to subsection (e) of such section.''.
(4) Proxy filing fees.--Section 14(g) of the Securities
Exchange Act of 1934 (15 U.S.C. 78n(g)) is amended--
(A) by striking ``\1/50\ of 1 per centum'' each
place it appears in paragraphs (1)(A)(i), (1)(A)(ii),
and (3) and inserting ``\1/32\ of 1 percent'';
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5);
(C) by striking such subsection designation and by
inserting before such redesignated paragraph (2) the
following:
``(g)(1) The Commission shall, in accordance with this paragraph
and subject to section 31A(e), collect proxy filing fees to recover the
costs of supervision and regulation of the proxy filing and disclosure
process. Such costs shall include a proportional share of related
Commission expenses in the following areas: enforcement activities,
policy and rulemaking activities, administration, legal services,
investor information services, and international regulatory
activities.''; and
(D) by adding at the end thereof the following new
paragraph:
``(6) The fees required by this subsection are subject to
adjustment by the Commission pursuant to section 31A of this title. The
authority to collect such fees and the total amount of such fees are
subject to subsection (e) of such section.''.
(c) Effective Dates.--Except as otherwise provided therein, the
amendments made by this section are effective for fiscal years after
fiscal year 1993.
SEC. 4. FEE STRUCTURE STUDY.
(a) Study Required.--The Securities and Exchange Commission shall
conduct a study of the structure and procedures for the collection of
fees by the Commission pursuant to the amendments made by this Act.
Such study shall include (but not be limited to) an examination of--
(1) the expanding statutory mandate and regulatory
responsibilities of the Commission,
(2) the adequacy of current fees to meet Commission
resource needs,
(3) the possible need for new fees in specific program
areas,
(4) the extent to which beneficiaries of Commission
regulatory activities equitably share fee burdens, and
(5) the impact of specific fees on the international
competitiveness of United States markets.
(b) Report Required.--Not later than March 31, 1995, the Commission
shall submit to the Congress a final report containing a detailed
statement of findings made and conclusions drawn from the study
conducted under this section, including such recommendations for
administrative and legislative action as the Commission determines to
be appropriate.
Passed the House of Representatives July 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Securities and Exchange Commission Authorization Act of 1993 - Amends the Securities Exchange Act of 1934 to authorize appropriations for the Securities and Exchange Commission (SEC) for FY 1994 and 1995.
Requires the SEC to adjust annually the rates of registration, transaction, proxy filing, and other related fees in order to secure a total amount of collections that offsets the amounts appropriated to it (and the applicable surplus amounts if any). Prescribes a fee adjustment mechanism. Exempts such fee determinations and adjustments from judicial review. Requires the SEC to submit explanatory reports to the Congress before the effective date of any adjustment.
Directs the SEC to study and report to the Congress on the structure and procedures for such fee collection. | {"src": "billsum_train", "title": "Securities and Exchange Commission Authorization Act of 1993"} | 3,316 | 164 | 0.592617 | 1.669921 | 0.73541 | 2.275362 | 22.463768 | 0.898551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection and Adoption
Advancement Act''.
SEC. 2. LIMITATION ON REASONABLE EFFORTS REQUIREMENT.
Section 471(a)(15) of the Social Security Act (42 U.S.C.
671(a)(15)) is amended by striking ``effective October 1, 1983,
provides that, in each case,'' and inserting ``provides that, except in
the case of a child to which subsection (c)(2) applies,''.
SEC. 3. PRE-ADOPTIVE PROCEDURES.
(a) In General.--Section 471 of the Social Security Act (42 U.S.C.
671) is amended by adding at the end the following:
``(c) The Secretary shall not approve a State plan under this part
unless there is in effect in the State laws and rules of law which
provide all of the following:
``(1)(A) Within 30 days after a child who has not attained
13 years of age (or such greater age as the State may
determine) is placed in foster care under the responsibility of
the State, a dispositional hearing of the type described in
section 475(5)(C) shall be held to determine whether--
``(i) the child should be returned home;
``(ii) the child is described by subparagraph (C);
or
``(iii) the child should remain in custody of the
State.
``(B) If, as a result of the hearing, it is determined that
the case of the child is described by subparagraph (C),
paragraph (2) shall apply to the child.
``(C) A child is described by this subparagraph if the
child has been a victim of aggravated circumstances (as defined
by the State and approved by the Secretary) which definition
may include--
``(i) abandonment, torture, chronic abuse, or
sexual abuse; or
``(ii) having a parent--
``(I) who has been found by a court of
competent jurisdiction to have engaged in
conduct described in section 106(b)(2)(A)(xii)
of the Child Abuse Prevention and Treatment
Act; or
``(II) whose parental rights with respect
to a sibling of the child have been terminated.
``(2)(A)(i) If this paragraph applies to a child, the State
shall--
``(I) seek 1 or more individuals who are qualified
and willing to be the adoptive parents of the child, or
contract with a private adoption agency to find 1 or
more such individuals for the child within 180
additional days after the determination described in
paragraph (1)(B) (or, if this paragraph applies to the
child by reason of paragraph (3), within 180 days after
the termination of parental rights with respect to the
child); and
``(II) if the State has not found 1 or more such
individuals within the first 90 days of the 180-day
period described in subclause (I), immediately contract
with a private adoption agency to find 1 or more such
individuals for the child within the remaining 90 days
of the 180-day period.
``(ii) Upon finding 1 or more such individuals for a child
to whom this paragraph applies, the State shall--
``(I) designate the individual or individuals as
the preadoptive parent or parents of the child; and
``(II) place the child with the individual or
individuals.
``(B)(i) After the 4-month period that begins with the date
a child to whom this paragraph applies is placed with
preadoptive parents (or at such earlier time as may be
prescribed by State law), the preadoptive parents shall have
the right to petition the courts of the State for an expedited
hearing for the purpose of--
``(I) terminating the parental rights of all other
persons with respect to the child; and
``(II) adopting the child.
``(ii) In determining whether to grant a petition described
in clause (i), the courts of the State shall not draw any
inference adverse to the interests of a petitioner by reason of
the present or former status of any petitioner as a foster
parent.
``(C)(i)(I) If the preadoptive parents of a child to whom
this paragraph applies fail to exercise the right described in
subparagraph (B)(i) with respect to the child during the 1-year
period that begins with the date the preadoptive parents first
have the right (including any extension required by subclause
(II)), then the State shall--
``(aa) immediately revoke their designation as the
preadoptive parents of the child; and
``(bb) hold a dispositional hearing of the type
described in section 475(5)(C) to determine whether the
child should be placed with new preadoptive parents or
remain in the custody of the State.
``(II) The period described in subclause (I) (including any
extension of the period) shall be extended by 1 year if the
State determines that--
``(aa) the preadoptive parents have good cause for
having failed to exercise the right described in
subparagraph (B)(i) during the period (including any
extension of the period); or
``(bb) that it would not be in the best interests
of the child to remove the child from the preadoptive
parents.
``(ii) If, as a result of the hearing referred to in clause
(i)(I)(bb), it is determined that the child should be placed
with new pre-adoptive parents, the State shall--
``(I) seek 1 or more individuals (other than the
former preadoptive parents of the child) who are
qualified and willing to be the adoptive parents of the
child, or contract with a private adoption agency to
find 1 or more such individuals for the child within
180 days after the hearing; and
``(II) if the State has not found 1 or more such
individuals within the first 90 days of the 180-day
period described in subclause (I), immediately contract
with a private adoption agency to find 1 or more such
individuals for the child within the remaining 90 days
of the 180-day period.
``(iii) Upon finding 1 or more such other individuals for
the child, the State shall--
``(I) designate such other individual or
individuals as the preadoptive parent or parents of the
child; and
``(II) place the child with such other individual
or individuals.
``(3)(A) If a child has been in foster care under the
responsibility of the State during 12 of the most recent 18
months, or it is no longer reasonable for the State to continue
making efforts of the type described in subsection (a)(15) with
respect to a child in foster care under the responsibility of
the State who has not attained 13 years of age (or such greater
age as the State may establish), the State shall seek to
terminate all parental rights with respect to the child,
unless--
``(i) at the option of the State--
``(I) the child is being cared for by a
relative who is qualified and willing to adopt,
or become the legal guardian of, the child; and
``(II) it is in the best interests of the
child to reside with the relative; or
``(ii) a State court or State agency has documented
a compelling reason for determining that filing such a
petition would not be in the best interests of the
child.
``(B) Upon terminating all parental rights with respect to
the child, paragraph (2) shall apply to the child.''.
(b) Report to the Congress.--At the end of the 27-month period that
begins with the effective date of the amendment made by subsection (a),
the Secretary of Health and Human Services shall prepare and submit to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report which assesses the
implementation and effects of the amendment.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to payments under title IV of
the Social Security Act for calendar quarters beginning after the
calendar quarter in which this Act is enacted.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan approved under title IV of the Social Security Act which
the Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order for
the plan to meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of the 1st
regular session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session of the
State legislature. | Child Protection and Adoption Advancement Act - Amends the Social Security Act to require a State plan for foster care and adoption assistance to provide for an expedited dispositional hearing and preadoptive procedures where a child is determined to be a victim of aggravated circumstances (including abandonment, torture, chronic abuse, or sexual abuse). | {"src": "billsum_train", "title": "Child Protection and Adoption Advancement Act"} | 2,076 | 75 | 0.492466 | 1.183115 | 1.185687 | 3.20339 | 32.610169 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Education Opportunity Act''.
SEC. 2. DEDUCTION FOR STEM QUALIFIED HIGHER EDUCATION EXPENSES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 222
the following new section:
``SEC. 222A. STEM QUALIFIED HIGHER EDUCATION EXPENSES.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the STEM higher education
expenses paid by the taxpayer during the taxable year.
``(b) STEM Higher Education Expenses.--For purposes of this
section, the term `STEM higher education expense' means any expense of
a type which is taken into account in determining the cost of
attendance (as defined in section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll)) at an eligible educational institution with
respect to the attendance of an individual--
``(1) at such institution for the academic period for which
the deduction under this section is being determined,
``(2) majoring in a course of study at such institution
leading to an associate degree or higher in--
``(A) science, technology, engineering, or
mathematics (within the meaning of section 131(g)(4) of
the Higher Education Act of 1965 (20 U.S.C.
1015(g)(4)), or
``(B) education with a focus on any area described
in subparagraph (A), and
``(3) who at all times during such period is making
satisfactory academic progress (as defined in section 668.34 of
title 34, Code of Federal Regulations, or any successor
regulation) in the pursuit of such degree.
``(c) Definition and Special Rules.--For purposes of this section--
``(1) Eligible educational institution.--The term `eligible
educational institution' has the meaning given the term
`institution of higher education' in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
``(2) Room and board included for students who are at least
half-time.--Subsection (a) shall not apply to any costs of an
individual for room and board while attending an eligible
educational institution, unless such individual is an eligible
individual (as defined in section 25A(b)(3)).
``(3) Carryforward of unused deduction.--If for any taxable
year the deduction allowable under subsection (a) exceeds the
taxpayer's taxable income (determined without regard to this
section), the amount of STEM higher education expenses of the
taxpayer attributable to such excess shall be treated as STEM
higher education expenses paid by the taxpayer in the
succeeding taxable year.
``(4) Identification requirement.--No deduction shall be
allowed under subsection (a) to a taxpayer with respect to STEM
higher education expenses of an individual unless the taxpayer
includes the name and taxpayer identification number of the
individual on the return of tax for the taxable year.
``(5) Certain prepayments allowed.--If STEM higher
education expenses are paid by the taxpayer during a taxable
year for an academic period which begins during the first 3
months following such taxable year, such academic period shall
be treated for purposes of this section as beginning during
such taxable year.
``(6) Coordination with other education incentives.--
``(A) Denial of deduction if other credit
elected.--No deduction shall be allowed under
subsection (a) for any taxable year with respect to the
STEM higher education expenses with respect to an
individual if the taxpayer or any other person elects
to have section 25A apply with respect to such
individual for such year.
``(B) Coordination with exclusions.--The total
amount of STEM higher education expenses shall be
reduced by the amount of such expenses taken into
account in determining any amount excluded under
section 135, 529(c), or 530(d)(2). For purposes of the
preceding sentence, the amount taken into account in
determining the amount excluded under section 529(c)(1)
shall not include that portion of the distribution
which represents a return of any contributions to the
plan.
``(7) Adjustment for certain scholarships.--Rules similar
to the rules of 25A(g)(2) shall apply for purposes of this
section.
``(8) Dependents.--No deduction shall be allowed under
subsection (a) to any individual with respect to whom a
deduction under section 151 is allowable to another taxpayer
for a taxable year beginning in the calendar year in which such
individual's taxable year begins.
``(9) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall only apply if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(d) Termination.--This section shall not apply to taxable years
beginning more than 10 years after the date of the enactment of the
STEM Education Opportunity Act.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) STEM qualified higher education expenses.--The
deduction allowed by section 222A.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 222 the following new item:
``Sec. 222A. STEM qualified higher education expenses.''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
ELEMENTARY AND SECONDARY SCHOOL LEVEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. CONTRIBUTIONS BENEFITTING SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVEL.
``(a) In General.--For purposes of section 38, the elementary and
secondary school STEM contributions credit determined under this
section for the taxable year is an amount equal to the qualified STEM
contributions made by the taxpayer during the taxable year to one or
more elementary or secondary schools.
``(b) Maximum Credit.--
``(1) Per taxpayer.--The amount of qualified STEM
contributions made to any school which may be taken into
account under this section by the taxpayer for the taxable year
shall not exceed the portion of the limitation under paragraph
(2) which is allocated by such school to the taxpayer for such
year.
``(2) Per school.--The amount of qualified STEM
contributions made to any school which may be allocated under
this section by the school to all taxpayers for all taxable
years shall not exceed $100,000.
``(c) Qualified STEM Contributions.--For purposes of this section--
``(1) In general.--The term `qualified STEM contributions'
means--
``(A) STEM property contributions,
``(B) STEM service contributions, and
``(C) STEM student and educator training
contributions.
``(2) STEM property contributions.--
``(A) In general.--The term `STEM property
contribution' means the amount which would (but for
subsection (d)) be allowed as a deduction under section
170 for a charitable contribution of STEM property if--
``(i) the donee is an elementary or
secondary school,
``(ii) substantially all of the use of the
property by the donee is within the United
States for STEM education in any of the grades
K-12 for use during the school day or in after-
school programs,
``(iii) the original use of the property
begins with the donee,
``(iv) the property will fit productively
into the donee's education plan,
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs, and
``(vi) the donee's use and disposition of
the property will be in accordance with the
provisions of clauses (ii) through (v).
``(B) STEM property.--The term `STEM property'
means--
``(i) computer equipment and software,
``(ii) microscopes,
``(iii) lab equipment, including glassware,
digital scales, and temperature measuring
devices,
``(iv) property used to maintain, renovate,
or improve laboratory facilities,
``(v) STEM education curricula, and
``(vi) whiteboards, smartboards, cameras,
and other relevant STEM education materials.
``(3) STEM service contributions.--
``(A) In general.--The term `STEM service
contributions' means the amount paid or incurred during
the taxable year to provide STEM services in the United
States for the exclusive benefit of students at an
elementary or secondary school but only if no charge is
imposed for providing such services.
``(B) STEM services.--The term `STEM services'
means--
``(i) providing students the opportunity to
engage in hands-on technical equipment training
in a STEM education field, and
``(ii) bringing experts in a STEM education
field into the classroom or after school
programs for demonstrations, talks, or
mentoring exercises.
``(4) STEM student and educator training contributions.--
``(A) In general.--The term `STEM student and
educator training contributions' means the amount paid
or incurred during the taxable year to provide STEM
student and educator training services in the United
States for the exclusive benefit of students at an
elementary or secondary school but only if no charge is
imposed for providing such services.
``(B) STEM student and educator training
services.--The term `STEM student and educator training
services' means--
``(i) on-site technical equipment training
in a STEM education field,
``(ii) field trips to research or related
facilities in a STEM education field,
``(iii) student internships or long term
on-site training in a STEM education field, and
``(iv) educator training exercises in a
STEM education field.
``(5) STEM education.--The term `STEM education' means
education in the biological sciences, mathematics, earth and
physical sciences, computer and information science,
engineering, geosciences, and social and behavioral sciences.
``(6) Elementary or secondary school.--
``(A) In general.--The term `elementary or
secondary school' means any school which provides
elementary education or secondary education
(kindergarten through grade 12), as determined under
State law.
``(B) Groupings of schools.--Such term includes
consortia or other groupings of such schools if all
such schools in the consortia or grouping are located
within the same State.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount allowed as a credit under this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36), and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(37) the elementary and secondary school STEM
contributions credit determined under section 45S.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45S. Contributions benefitting science, technology, engineering,
and mathematics education at the elementary
and secondary school level.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. GAO STUDY.
Not later than 5 years after the date of the enactment of this Act,
the Government Accountability Office, in consultation with the
Secretary of the Treasury, shall submit to Congress a report
detailing--
(1) the efficacy of the STEM Education Opportunity Act in
increasing higher education enrollment in the fields of math,
science, engineering, and technology, and
(2) any effect such Act has had on the price of higher
education tuition in such fields. | STEM Education Opportunity Act This bill amends the Internal Revenue Code to allow: (1) individual taxpayers a deduction from gross income for STEM (i.e., science, technology, engineering, and mathematics) higher education expenses; and (2) a business-related tax credit for contributions of STEM property (e.g., computer equipment and software, microscopes, and lab equipment), services, and training made to an elementary or secondary school to promote education in the biological sciences, mathematics, earth and physical sciences, computer and information science, engineering, geosciences, and social and behavioral sciences. The bill defines "STEM higher education expenses" to include any expenses incurred by an individual attending an institution of higher education who is majoring in science, technology, engineering, or mathematics. The Government Accountability Office must submit to Congress a report detailing: (1) the efficacy of this Act in increasing higher education enrollment in the fields of mathematics, science, engineering, and technology; and (2) any effect this Act has had on the price of higher education tuition in such fields. | {"src": "billsum_train", "title": "STEM Education Opportunity Act"} | 2,932 | 253 | 0.53189 | 1.424235 | 0.634848 | 4.128079 | 12.926108 | 0.896552 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Relief Act of 1998''.
(b) Amendment of 1986 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 the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by section 3 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. FINDINGS.
The Congress hereby finds that--
(1) the Congressional Budget Office has projected a Federal
budget surplus at the end of fiscal year 1998, the first
surplus in almost 30 years;
(2) if there is such a surplus, a systematic plan should be
put in place to retire our $5,500,000,000,000 debt while
restoring the social security and other trust funds; and
(3) once such a plan has been adopted in the context of a
balanced Federal budget and as an alternative to new Government
spending, Congress should provide broad-based tax relief that
will allow hard-working Americans to keep more of what they
earn and the freedom to provide for their own needs.
SEC. 3. REDUCTION OF INCOME TAX RATES; ELIMINATION OF MARRIAGE PENALTY.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $70,000...............
15% of taxable income.
Over $70,000 but not over
$102,300.
$10,500, plus 28% of the excess
over $70,000.
Over $102,300 but not over
$155,950.
$19,544, plus 31% of the excess
over $102,300.
Over $155,950 but not over
$278,450.
$36,175.50, plus 36% of the
excess over $155,950.
Over $278,450..................
$80,275.50, plus 39.6% of the
excess over $278,450.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $52,600...............
15% of taxable income.
Over $52,600 but not over
$87,700.
$7,890, plus 28% of the excess
over $52,600.
Over $87,700 but not over
$142,000.
$17,718, plus 31% of the excess
over $87,700.
Over $142,000 but not over
$278,450.
$34,551, plus 36% of the excess
over $142,000.
Over $278,450..................
$83,673 plus 39.6% of the
excess over $278,450.
``(c) Other Individuals.--There is hereby imposed on the taxable
income of every individual (other than an individual to whom subsection
(a) or (b) applies) a tax determined in accordance with the following
table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$61,400.
$5,250, plus 28% of the excess
over $35,000.
Over $61,400 but not over
$128,100.
$12,642, plus 31% of the excess
over $61,400.
Over $128,100 but not over
$278,450.
$33,319, plus 36% of the excess
over $128,100.
Over $278,450..................
$87,445, plus 39.6% of the
excess over $278,450.
``(d) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,000
$255, plus 28% of the excess
over $1,700.
Over $4,000 but not over $6,100
$899, plus 31% of the excess
over $4,000.
Over $6,100 but not over $8,350
$1,550, plus 36% of the excess
over $6,100.
Over $8,350....................
$2,360, plus 39.6% of the
excess over $8,350.''.
(b) Inflation Adjustment To Apply in Determining Rates for 1999.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1998'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1997'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``1997'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 68(b)(2)(B).
(E) Section 135(b)(2)(B)(ii).
(F) Section 151(d)(4).
(G) Section 221(g)(1)(B).
(H) Section 512(d)(2)(B).
(I) Section 513(h)(2)(C)(ii).
(J) Section 877(a)(2).
(K) Section 911(b)(2)(D)(ii)(II).
(L) Section 4001(e)(1)(B).
(M) Section 4261(e)(4)(A)(ii).
(N) Section 6039F(d).
(O) Section 6334(g)(1)(B).
(P) Section 7430(c)(1).
(2) Subparagraph (B) of section 1(f)(6) is amended to read
as follows:
``(B) Married individuals filing separately.--In
the case of a married individual filing a separate
return, subparagraph (A) shall be applied by
substituting `$25' for `$50' each place it appears for
purposes of determining any increase in the dollar
amount under section 63(c)(2)(D), the $50,000 amount in
section 68(b)(1), and the dollar amount in section
151(d)(3)(C)(iv).''
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``1997''.
(4) Subparagraph (B) of section 59(j)(2) is amended by
striking ``, determined by substituting `1997' for `1992' in
subparagraph (B) thereof''.
(5) Subparagraph (B) of section 63(c)(4) is amended by
striking ``by substituting for'' and all that follows and
inserting ``by substituting for `calendar year 1997' in
subparagraph (B) thereof `calendar year 1987' in the case of
the dollar amounts contained in paragraph (2) or (5)(A) or
subsection (f).''
(6) Subparagraph (B) of section 132(f)(6) is amended by
inserting before the period ``, determined by substituting
`calendar year 1992' for `calendar year 1997' in subparagraph
(B) thereof''.
(7) Paragraph (2) of section 220(g) of such Code is amended
by striking ``by substituting `calendar year 1997' for
`calendar year 1992' in subparagraph (B) thereof''.
(8) Subparagraph (B) of section 685(c)(3) is amended by
striking ``, by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(9) Subparagraph (B) of section 2032A(a)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(10) Subparagraph (B) of section 2503(b)(2) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(11) Paragraph (2) of section 2631(c) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(12) Subparagraph (B) of section 6601(j)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(13) Sections 468B(b)(1), 511(b)(1), 641(a), 641(d)(2)(A),
and 685(d) are each amended by striking ``section 1(e)'' each
place it appears and inserting ``section 1(d)''.
(14) Sections 1(f)(2) and 904(b)(3)(E)(ii) are each amended
by striking ``(d), or (e)'' and inserting ``or (d)''.
(15) Paragraph (1) of section 1(f) is amended by striking
``(d), and (e)'' and inserting ``and (d)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts. | {"src": "billsum_train", "title": "Middle Class Tax Relief Act of 1998"} | 2,364 | 63 | 0.461847 | 1.091015 | 0.539257 | 2.677966 | 33.661017 | 0.881356 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered vessel.--The term ``covered vessel'' means a
vessel that is--
(A) less than 79 feet in length; or
(B) a fishing vessel (as defined in section 2101 of
title 46, United States Code), regardless of the length
of the vessel.
(3) Other terms.--The terms ``contiguous zone'',
``discharge'', ``ocean'', and ``State'' have the meanings given
the terms in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362).
SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) No Permit Requirement.--Except as provided in subsection (b),
during the 2-year period beginning on the date of enactment of this
Act, the Administrator, or a State in the case of a permit program
approved under section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342), shall not require a permit under that section for a
covered vessel for--
(1) any discharge of effluent from properly functioning
marine engines;
(2) any discharge of laundry, shower, and galley sink
wastes; or
(3) any other discharge incidental to the normal operation
of a covered vessel.
(b) Exceptions.--Subsection (a) shall not apply with respect to--
(1) rubbish, trash, garbage, or other such materials
discharged overboard;
(2) other discharges when the vessel is operating in a
capacity other than as a means of transportation, such as
when--
(A) used as an energy or mining facility;
(B) used as a storage facility or a seafood
processing facility;
(C) secured to a storage facility or a seafood
processing facility; or
(D) secured to the bed of the ocean, the contiguous
zone, or waters of the United States for the purpose of
mineral or oil exploration or development;
(3) any discharge of ballast water; or
(4) any discharge in a case in which the Administrator or
State, as appropriate, determines that the discharge--
(A) contributes to a violation of a water quality
standard; or
(B) poses an unacceptable risk to human health or
the environment.
SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) In General.--The Administrator, in consultation with the
Secretary of the department in which the Coast Guard is operating and
the heads of other interested Federal agencies, shall conduct a study
to evaluate the impacts of--
(1) any discharge of effluent from properly functioning
marine engines;
(2) any discharge of laundry, shower, and galley sink
wastes; and
(3) any other discharge incidental to the normal operation
of a vessel.
(b) Scope of Study.--The study under subsection (a) shall include--
(1) characterizations of the nature, type, and composition
of discharges for--
(A) representative single vessels; and
(B) each class of vessels;
(2) determinations of the volumes of those discharges,
including average volumes, for--
(A) representative single vessels; and
(B) each class of vessels;
(3) a description of the locations, including the more
common locations, of the discharges;
(4) analyses and findings as to the nature and extent of
the potential effects of the discharges, including
determinations of whether the discharges pose a risk to human
health, welfare, or the environment, and the nature of those
risks;
(5) determinations of the benefits to human health,
welfare, and the environment from reducing, eliminating,
controlling, or mitigating the discharges; and
(6) analyses of the extent to which the discharges are
currently subject to regulation under Federal law or a binding
international obligation of the United States.
(c) Exclusion.--In carrying out the study under subsection (a), the
Administrator shall exclude--
(1) discharges from a vessel of the Armed Forces (as
defined in section 312(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1322(a));
(2) discharges of sewage (as defined in section 312(a) of
the Federal Water Pollution Control Act (33 U.S.C. 1322(a))
from a vessel, other than the discharge of graywater from a
vessel operating on the Great Lakes; and
(3) discharges of ballast water.
(d) Public Comment; Report.--The Administrator shall--
(1) publish in the Federal Register for public comment a
draft of the study required under subsection (a);
(2) after taking into account any comments received during
the public comment period, develop a final report with respect
to the study; and
(3) not later than 15 months after the date of enactment of
this Act, submit the final report to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committees on Environment and Public Works
and Commerce, Science, and Transportation of the
Senate. | Prohibits the Administrator of the Environmental Protection Agency (EPA), or a state with an approved National Pollutant Discharge Elimination System (NPDES) permit program under the Federal Water Pollution Control Act, from requiring an NPDES permit for a covered vessel for the next two years for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of a covered vessel. Defines "covered vessel" to mean a vessel that is less than 79 feet in length or a fishing vessel.
Requires the Administrator to evaluate the impacts of such discharges, excluding discharges: (1) from a vessel of the Armed Forces; (2) of sewage from a vessel, other than the discharge of graywater from a vessel operating on the Great Lakes; and (3) of ballast water.
Provides that such prohibition does not apply with respect to: (1) rubbish, trash, garbage, or other such materials discharged overboard; (2) other discharges when the vessel is operating in a capacity other than as a means of transportation; (3) ballast water discharges; or (4) any discharge that contributes to a violation of a water quality standard or poses an unacceptable risk to human health or the environment. | {"src": "billsum_train", "title": "To clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels."} | 1,156 | 289 | 0.64982 | 1.789716 | 0.825377 | 4.965116 | 4.147287 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls,
building character and skills for success in the real world;
(2) in 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts of
America;
(3) with Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls;
(4) on March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members;
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States;
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years;
(7) the Girl Scouts of the United States of America was
chartered by the United States Congress in 1950, in section
80301 of title 36, United States Code;
(8) today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories;
(9) through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries;
(10) more than 50,000,000 American women enjoyed Girl
Scouting during their childhood, and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere; and
(11) March 12, 2012 will mark the 100th Anniversary of the
establishment of the Girl Scouts of the United States of
America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the United States of America, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the establishment
of the Girl Scouts of the United States of America.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2011''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be paid to the Girl Scouts of the
United States of America for efforts involved in marking the Centennial
of its establishment, which may include efforts to preserve the
birthplace of Juliette Gordon Low.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditure of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America.
Requires the coin design to be emblematic of such centennial.
Requires such coins to be issued in uncirculated and proof qualities, from only one U.S. Mint facility.
Declares the sense of Congress that such facility should be the U.S. Mint at West Point, New York, to the greatest extent possible.
Authorizes the Secretary to issue such coins only during calendar 2011.
Applies a $10 per coin surcharge to all coin sales. Requires all surcharges received to be paid to the Girl Scouts of the United States of America for efforts involved in marking it centennial, which may include efforts to preserve the birthplace of founder Juliette Gordon Low. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America."} | 1,396 | 207 | 0.503719 | 1.549417 | 0.851489 | 4.341463 | 7.72561 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Startup Innovation Credit Act of
2012''.
SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES.
(a) In General.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(i) Treatment of Credit to Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business, the payroll tax credit portion of the credit
determined under subsection (a) shall be treated as a credit
allowed under section 3111(f) (and not under this section).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) for any taxable year is so much
of such credit as does not exceed $250,000.
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small
business' means, with respect to any taxable year--
``(i) a corporation, partnership, or S
corporation if--
``(I) the gross receipts (as
determined under subsection (c)(7)) of
such entity for the taxable year is
less than $5,000,000, and
``(II) such entity did not have
gross receipts (as so determined) for
any period preceding the 5-taxable-year
period ending with such taxable year,
and
``(ii) any person not described in
subparagraph (A) if clauses (i) and (ii) of
subparagraph (A) applied to such person,
determined--
``(I) by substituting `person' for
`entity' each place it appears), and
``(II) in the case of an
individual, by only taking into account
the aggregate gross receipts received
by such individual in carrying on
trades or businesses of such
individual.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under
section 501.
``(4) Election.--
``(A) In general.--In the case of a partnership or
S corporation, an election under this subsection shall
be made at the entity level.
``(B) Revocation.--An election under this
subsection may not be revoked without the consent of
the Secretary.
``(C) Limitation.--A taxpayer may not make an
election under this subsection if such taxpayer has
made an election under this subsection for 5 or more
preceding taxable years.
``(5) Aggregation rules.--For purposes of determining the
$250,000 limitation under paragraph (2) and determining gross
receipts under paragraph (3), all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b) but determined by treating an interest
of more than 50 percent as a controlling interest) shall be
treated as 1 person.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of paragraph (3) through the use of successor
companies or other means,
``(B) regulations to minimize compliance and
recordkeeping burdens under this subsection for start-
up companies, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(f) in cases where
there is a subsequent adjustment to the payroll tax
credit portion of the credit determined under
subsection (a), including requiring amended returns in
the cases where there is such an adjustment.''.
(2) Conforming amendment.--Section 280C(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Treatment of qualified small business credit.--For
purposes of determining the amount of any credit under section
41(a) under this subsection, any election under section 41(i)
shall be disregarded.''.
(b) Credit Allowed Against FICA Taxes.--
(1) In general.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a qualified small
business which has made an election under section 41(i), there
shall be allowed as a credit against the tax imposed by
subsection (a) on wages paid with respect to the employment of
all employees of the qualified small business for days in an
applicable calendar quarter an amount equal to the payroll tax
credit portion of the research credit determined under section
41(a).
``(2) Carryover of unused credit.--In any case in which the
payroll tax credit portion of the research credit determined
under section 41(a) exceeds the tax imposed under subsection
(a) for an applicable calendar quarter--
``(A) the succeeding calendar quarter shall be
treated as an applicable calendar quarter, and
``(B) the amount of credit allowed under paragraph
(1) shall be reduced by the amount of credit allowed
under such paragraph for all preceding applicable
calendar quarters.
``(3) Allocation of credit for controlled groups, etc.--In
determining the amount of the credit under this subsection--
``(A) all persons treated as a single taxpayer
under section 41 shall be treated as a single taxpayer
under this section, and
``(B) the credit (if any) allowable by this section
to each such member shall be its proportionate share of
the qualified research expenses, basic research
payments, and amounts paid or incurred to energy
research consortiums, giving rise to the credit
allowable under section 41.
``(4) Definitions.--For purposes of this subsection--
``(A) Applicable calendar quarter.--The term
`applicable calendar quarter' means--
``(i) the first calendar quarter following
the date on which the qualified small business
files a return under section 6012 for the
taxable year for which the payroll tax credit
portion of the research credit under section
41(a) is determined, and
``(ii) any succeeding calendar quarter
treated as an applicable calendar quarter under
paragraph (2)(A).
``For purposes of determining the date on which a
return is filed, rules similar to the rules of section
6513 shall apply.
``(B) Other terms.--Any term used in this
subsection which is also used in section 41 shall have
the meaning given such term under section 41.''.
(2) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by paragraph (1). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Startup Innovation Credit Act of 2012 - Amends the Internal Revenue Code to allow a qualified small business, other than a tax-exempt organization, to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act (FICA). Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year. Limits the amount of the payroll tax credit portion to $250,000 in any taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for startup businesses to use a portion of the research and development credit to offset payroll taxes."} | 1,646 | 148 | 0.635514 | 1.576363 | 0.840095 | 2.707692 | 11.753846 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Reliable Subcontractors
Act of 2016'' or as the ``PROS Act of 2016''.
SEC. 2. PROVIDING SMALL BUSINESS SUBCONTRACTORS RATINGS FOR PAST
PERFORMANCE ON A CONTRACT.
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is
amended by adding at the end the following new paragraph:
``(17) Pilot program providing past performance ratings for
other small business subcontractors.--
``(A) Establishment.--The Administrator shall
establish a pilot program for a small business concern
performing as a first tier subcontractor for a covered
contract (as defined in subparagraph 13(A)) to request
a past performance rating in the system used by the
Federal Government to monitor or record contractor past
performance.
``(B) Application.--A small business concern
described in subparagraph (A) shall submit an
application to the appropriate official for a past
performance rating. Such application shall include
written evidence of the past performance factors for
which the small business concern seeks a rating and a
suggested rating.
``(C) Determination.--The appropriate official
shall submit the application from the small business
concern to the contracting officer (or a designee of
such officer) for the covered contract and to the prime
contractor for review. The contracting officer (or
designee) and the prime contractor shall, not later
than 30 days after receipt of the application, submit
to the appropriate official a response regarding the
application.
``(i) Agreement on rating.--If the
contracting officer (or designee) and the prime
contractor agree on a past performance rating,
or if either the contracting officer (or
designee) or the prime contractor fail to
respond and the responding individual agrees
with the rating of the applicant small business
concern, the appropriate official shall enter
the agreed-upon past performance rating in the
system described in subparagraph (A).
``(ii) Disagreement on rating.--If the
contracting officer (or designee) and the prime
contractor fail to respond within 30 days or if
they disagree about the rating, or if either
the contracting officer (or designee) or the
prime contractor fail to respond and the
responding individual disagrees with the rating
of the applicant small business concern, the
contracting officer (or designee) or the prime
contractor shall submit a notice contesting the
application to appropriate official. The
appropriate official shall follow the
requirements of subparagraph (D).
``(D) Procedure for rating.--Not later than 14
calendar days after receipt of a notice under
subparagraph (C)(ii), the appropriate official shall
submit such notice to the applicant small business
concern. Such concern may submit comments, rebuttals,
or additional information relating to the past
performance of such concern not later 14 calendar days
after receipt of such notice. The appropriate official
shall enter the into the system described in
subparagraph (A) a rating that is neither favorable nor
unfavorable along with the initial application from the
small business concern, the responses of the
contracting officer (or designee) and the prime
contractor, and any additional information provided by
the small business concern.
``(E) Use of information.--A small business
subcontractor may use a past performance rating given
under this paragraph to establish its past performance
for a prime contract.
``(F) Duration.--The pilot program established
under this paragraph shall terminate 3 years after the
date on which the first small business concern receives
a past performance rating for performance as a first
tier subcontractor.
``(G) Report.--The Comptroller General of the
United States shall begin an assessment of the pilot
program 1 year after the establishment of such program.
Not later than 6 months after beginning such
assessment, the Comptroller General shall submit a
report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives, which
shall include--
``(i) the number of small business concerns
that have received past performance ratings
under the pilot program;
``(ii) the number of applications in which
the contracting officer (or designee) or the
prime contractor contested the application of
the small business concern;
``(iii) any suggestions or recommendations
the Comptroller General or the small business
concerns participating in the program have to
address disputes between the small business
concern, the contracting officer (or designee),
and the prime contractor on past performance
ratings; and
``(iv) any suggestions or recommendation
the Comptroller General has to improve the
operation of the pilot program.
``(H) Appropriate official defined.--In this
paragraph, the term `appropriate official' means a
Commercial Market Representative or other individual
designated by the senior official appointed by the
Administrator with responsibilities under sections 8,
15, 31 and 36.''. | Promoting Reliable Subcontractors Act of 2016 or the PROS Act of 2016 This bill amends the Small Business Act with respect to small businesses performing as first tier subcontractors under federal contracts whose prime contractor must develop a subcontracting plan. The Small Business Administration shall establish a pilot program for such a small business to request a past performance rating in the system used by the federal government to monitor and record contractor past performance. | {"src": "billsum_train", "title": "PROS Act of 2016"} | 1,113 | 94 | 0.623389 | 1.618964 | 1.178678 | 3.25641 | 12.948718 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paid Vacation Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the Bureau of Labor Statistics, each year
the average American works one month (160 hours) more today
than in 1976;
(2) job-related stress costs business $344 billion a year
in absenteeism, lost productivity, and health costs;
(3) some 75 percent of visits to primary care physicians
come from stress-induced problems;
(4) 147 countries require paid vacation leave, and the
United States is the only industrialized Nation without a
minimum annual leave law;
(5) one of the fastest growing economies in the world,
China, requires 3 weeks off for employees, which they call
``Golden Weeks'';
(6) Canada requires 2 weeks off for all employees, and 3
weeks off for employees with 5 years or more with one employer;
(7) the Pew Research Center says more free time is the
number one priority for middle-class Americans--with 68 percent
of those surveyed listed this as a high priority for them;
(8) in 2008, about half (52 percent) of American workers
took a vacation of a week or longer, and only 14 percent of
American workers took 2 weeks or more for vacation;
(9) men who don't take regular vacations are 32 percent
more likely to die of heart attacks, and 21 percent more likely
to die early of all causes;
(10) women who don't take regular vacations have a 50
percent greater risk of heart attack, and are twice as likely
to be depressed as those who do;
(11) the travel industry adds $740 billion a year to the
Nation's economy, while stress and burnout at work cost the
economy over $300 billion a year; and
(12) vacations allow workers and businesses to increase
productivity, decrease stress-related health costs, and provide
time for family strengthening and bonding.
SEC. 3. ENTITLEMENT TO VACATION.
Section 7 of the Fair Labor Standards Act (29 U.S.C. 207) is
amended by inserting after subsection (b) the following:
``(c)(1) Beginning on the date of enactment of the Paid Vacation
Act of 2009, an eligible employee of an employer that employs 100 or
more employees at any time during a calendar year shall be entitled to
a total of 1 workweek of paid vacation during each 12-month period.
``(2) Beginning on the date that is 3 years after the date of
enactment of the Paid Vacation Act of 2009, an eligible employee of an
employer that employs 50 or more employees at any time during a
calendar year shall be entitled to a total of 1 workweek of paid
vacation during each 12-month period, and an eligible employee of an
employer that employs 100 or more employees shall be entitled to a
total of 2 workweeks of paid vacation during each 12-month period,
beginning on that eligible employee's first anniversary of employment.
``(3) An eligible employee shall provide the employer with not less
than 30 days' notice, before the date the paid vacation under paragraph
(1) or (2) is to begin, of the employee's intention to take paid
vacation under such paragraph, and identify the date such paid vacation
shall begin.
``(4) For purposes of this subsection--
``(A) the term `eligible employee' means an employee who
has been employed for at least 12 months by the employer with
respect to whom leave is requested under paragraph (1) or (2)
and for at least 1,250 hours of service with such employer
during such 12-month period; and
``(B) the term 1 workweek of `paid vacation' means vacation
time, in addition to and apart from sick leave and any leave
otherwise required by law, to be taken in a continuous series
or block of work days comprising 7 calendar days that cannot be
rolled over, but must be used within the 12-month period.
``(5) The exemptions to this section provided in section 13 shall
not apply to this subsection.''.
SEC. 4. PUBLIC AWARENESS CAMPAIGN BY DEPARTMENT OF LABOR.
The Secretary of Labor is authorized to conduct a public awareness
campaign, through the Internet and other media, to inform the public of
the entitlement to leave afforded by this Act. There is authorized to
be appropriated such sums as may be necessary for the public awareness
campaign.
SEC. 5. STUDY ON PRODUCTIVITY.
The Secretary of Labor shall conduct a study on workplace
productivity and the effect on productivity of the leave requirement in
this Act. The study shall also address any benefits to public health
and psychological well-being as a result of such leave. Not later than
3 years after the date of enactment of this Act, the Secretary shall
transmit to Congress a report containing the findings of the study, and
shall publish such findings on the website of the Department of Labor. | Paid Vacation Act of 2009 - Amends the Fair Labor Standards Act to require: (1) upon enactment of this Act, each employer who employs 100 or more employees to provide each employee one week of paid vacation during each 12-month period; and (2) beginning three years after enactment of this Act, each employer who employs 50 or more employees to provide each employee one week of paid vacation during each 12-month period, and each employer that employs 100 or more employees to provide each employee two weeks paid vacation during each 12-month period, beginning on the employee's first anniversary of employment.
Requires an employee to provide the employer not less than 30 days' prior notice of his or her intent to take paid vacation, including the date the paid vacation will begin.
Requires the Secretary of Labor to conduct: (1) a public awareness campaign, through the Internet and other media, to inform the public of the entitlement to paid leave under the Act; and (2) a study on workplace productivity and the effect of paid leave on such productivity. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act to require that employers provide a minimum of 1 week of paid annual leave to employees."} | 1,061 | 221 | 0.556888 | 1.679895 | 0.884429 | 4.582938 | 5.009479 | 0.952607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Dealer Penalty Flexibility
Act of 2000''.
SEC. 2. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES.
Section 923 of title 18, United States Code, is amended by striking
subsections (e) and (f) and inserting the following:
``(e) Revocation or Suspension of License; Civil Penalties.--
``(1) Willful violations.--The Secretary may, after notice
and opportunity for hearing, suspend or revoke any license
issued under this section, or may subject the licensee to a
civil penalty of not more than $10,000 per violation, if the
holder of such license has willfully violated any provision of
this chapter or any rule or regulation prescribed by the
Secretary under this chapter.
``(2) Transfer of armor piercing ammunition.--The Secretary
may, after notice and opportunity for hearing, suspend or
revoke the license of, or assess a civil penalty of not more
than $10,000 on, a dealer who willfully transfers armor
piercing ammunition.
``(3) Compromise, mitigation, or remittance of liability.--
The Secretary may at any time compromise, mitigate, or remit
the liability with respect to any willful violation of this
chapter or any rule or regulation prescribed by the Secretary
under this chapter.
``(4) Review.--An action of the Secretary under this
subsection may be reviewed only as provided in subsection (f).
``(f) Rights of Applicants and Licensees.--
``(1) In general.--If the Secretary denies an application
for a license, or revokes or suspends a license, or assesses a
civil penalty under this section, the Secretary shall provide
written notice of such denial, revocation, suspension, or
assessment to the affected party, which notice shall--
``(A) state specifically the grounds upon which the
application was denied or upon which the license was
suspended or revoked or the civil penalty assessed, as
applicable; and
``(B) with respect to a notice of a revocation or
suspension of a license, be given to the holder of such
license before the effective date of the revocation or
suspension, as applicable.
``(2) Appeal process.--
``(A) Hearing.--If the Secretary denies an
application for, or revokes or suspends a license, or
assesses a civil penalty under this section, the
Secretary shall, upon request of the aggrieved party,
promptly hold a hearing to review the denial,
revocation, suspension, or assessment. A hearing under
this subparagraph shall be held at a location
convenient to the aggrieved party.
``(B) Notice of decision; appeal.--If, after a
hearing held under subparagraph (A), the Secretary
decides not to reverse the decision of the Secretary to
deny the application, revoke or suspend the license, or
assess the civil penalty, as applicable--
``(i) the Secretary shall provide notice of
the decision of the Secretary to the aggrieved
party;
``(ii) during the 60-day period beginning
on the date on which the aggrieved party
receives a notice under clause (i), the
aggrieved party may file a petition with the
district court of the United States for the
judicial district in which the aggrieved party
resides or has a principal place of business
for a de novo judicial review of such denial,
revocation, suspension, or assessment; and
``(iii) in any judicial proceeding pursuant
to a petition under clause (ii)--
``(I) the court may consider any
evidence submitted by the parties to
the proceeding, regardless of whether
or not such evidence was considered at
the hearing held under subparagraph
(A); and
``(II) if the court decides that
the Secretary was not authorized to
make such denial, revocation,
suspension, or assessment, the court
shall order the Secretary to take such
actions as may be necessary to comply
with the judgment of the court.
``(C) Stay pending appeal.--If the Secretary
suspends or revokes a license or assesses a civil
penalty under this section, upon the request of the
holder of the license, the Secretary shall stay the
effective date of the revocation, suspension, or
assessment pending an appeal under this paragraph.''.
SEC. 3. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY
CONVICTION.
Section 925(b) of title 18, United States Code, is amended by
striking ``until any conviction pursuant to the indictment becomes
final'' and inserting ``until the date of any conviction pursuant to
the indictment''. | Requires the Secretary, upon denying a license application, revoking or suspending a license, or assessing such a civil penalty, to provide written notice of such action to the affected party, which notice shall: (1) state specifically the grounds upon which such action was taken; and (2) with respect to a notice of license revocation or suspension, be given to the holder before the effective date of the revocation or suspension. Sets forth provisions regarding the appeal process, including a hearing, notice of decision and timetable for appeal, and a stay pending appeal.
(Sec. 3) Terminates a firearms dealer's license upon the date of conviction (currently, upon the date such conviction becomes final) pursuant to indictment for a crime punishable by imprisonment for a term exceeding one year. | {"src": "billsum_train", "title": "Firearms Dealer Penalty Flexibility Act of 2000"} | 1,114 | 184 | 0.625862 | 1.771531 | 0.808213 | 2.798701 | 6.214286 | 0.850649 |
SECTION 1. AUTHORITY FOR ACQUISITION OF AND DEVELOPMENT WITHIN CERTAIN
URBAN RENEWAL PROJECT AREAS.
(a) Definitions.--As used in this section, the term--
(1) ``date of reconveyance'' means the date on which the
disposable real property is reconveyed to the Cambridge
Redevelopment Authority;
(2) ``NTSC'' means the John A. Volpe National
Transportation Systems Center;
(3) ``Authority'' means the Cambridge Redevelopment
Authority of the city of Cambridge, Massachusetts;
(4) ``CRA controls'' means the restrictions, requirements,
and other provisions affecting the use and ownership of
property within the Kendall Square Urban Renewal Project Area
contained--
``(A) in the Urban Renewal Plan;
``(B) the Land Disposition Contract;
``(C) the deed or deeds or transfer of any such
property from the Authority to the United States;
``(D) zoning and building laws of the city of
Cambridge, Massachusetts; and
``(E) any other applicable provisions or agreements
previously approved by the Federal Government;
(5) ``disposable real property'' means certain land and the
building thereon within parcel 1 of the Kendall Square Urban
Renewal Project Area, generally shown as tract 1 on a plan
entitled ``Master Action Plan, Kendall Square Urban Renewal
Project Area, parcel 1, tracts 1, 2 and 2A, September 2000,
scale: 1''=80''', prepared by Fay, Spofford and Thorndike,
Inc., Engineers, Burlington, Massachusetts, presently owned by
the United States subject to CRA controls;
(6) ``tract 1'' means that tract of land containing 5.8
acres and the building thereon shown as tract 1 on the plan
entitled ``Master Action Plan, Kendall Square Urban Renewal
Project Area, parcel 1, tracts 1, 2, and 2A, September 2000,
scale: 1''=80''', prepared by Fay, Spofford and Thorndike,
Inc., Engineers, Burlington, Massachusetts;
(7) ``tract 2 and tract 2A'' means those tracts of land and
the buildings thereon shown as tract 2 and as tract 2A,
containing 8.5 acres of land and the buildings thereon, on a
plan entitled ``Master Action Plan, Kendall Square Urban
Renewal Project Area, parcel 1, tracts 1, 2, and 2A, September
2000, scale: 1''=80''', prepared by Fay, Spofford and
Thorndike, Inc., Engineers, Burlington, Massachusetts;
(8) ``Urban Renewal Plan'' means the Urban Renewal Plan for
the Kendall Square Urban Renewal Project Area dated October
1965, as amended;
(9) ``Land Disposition Contract'' means the Land
Disposition Contract between the Authority and the United
States, dated June 13, 1966, as amended and supplemented; and
(10) ``Moderate-income family'' means a family whose income
does not exceed 80 percent of the median income for the area.
(b) Extensions of Plan and Restrictions.--The provisions of the
Urban Renewal Plan applicable to property in the Kendall Square Urban
Renewal Area conveyed by the Authority to the United States and such
restrictions, agreements, and covenants in the deeds of conveyance of
such property which would otherwise terminate on August 30, 2010, shall
be extended by the Authority until August 30, 2020, as may be required
by Federal or State housing subsidies and changes in permitted uses to
allow public open space, housing, and accessory uses. The appropriate
instruments to effectuate such extensions on behalf of and in the name
of the United States upon receipt from the Authority shall be executed
and delivered.
(c) Reconveyance Required; Conditions and Consequences.--
(1) Reconveyance.--Notwithstanding provisions of any other
law and any provisions of the Land Disposition Contract to the
contrary, the disposable real property shall be reconveyed, not
later than 6 months after the date of enactment of this Act,
from the Government to the Authority, and in consideration
therefore--
(A) the Authority shall prepare and carry out a
master plan for the development and reuse of the
disposable real property that includes the making of
appropriate demolition, alterations, installation of
public improvements, and sale or lease of tract 1 for
the purpose of open space and housing (of which, a
total of 30 percent of the dwelling units shall be for
low- and moderate-income families, who, with respect to
the lease of such units, shall not be required to pay
more than 30 percent of their annual income for the
yearly rental thereof);
(B) the Authority shall, upon the reconveyance of
the disposable real property to it under this
subsection, shall be responsible to make a payment to
the Government, calculated on the basis of the number
of market rate housing units constructed times a factor
of $15,000 per unit, by a nonrecourse note of the
Authority in such principal amount, payable in or
within 5 years from the date of reconveyance, which
note shall be secured by a first mortgage on such
disposable real property and shall provide for partial
release or releases upon payment of reasonably
equitable portions of the outstanding unpaid principal;
and
(C) the Authority shall cooperate with the
Department of Transportation to secure additional
space, if needed, within the Kendall Square Urban
Renewal Project Area for the expansion of the
facilities and functions of the Department.
(2) Provisions of office space, parking and related
facilities.--
(A) Feasibility study.--In order to carry out the
purpose of this Act, the Secretary of Transportation
shall make available $500,000 for the purposes of
undertaking a feasibility study to determine the amount
of new general office space in new buildings on parcel
1 to be used--
(i) by contractors engaged in NTSC work
activities;
(ii) by NTSC for expansion space; and
(iii) for lease to other private firms
seeking space in the Kendall Square area.
(B) Ground lease.--The Secretary is authorized to
enter into a long-term ground lease with the Authority
for the purpose of providing buildable lots to
accommodate office uses the amount of which to be
determined by the feasibility study described in
subparagraph (A) and based on office market conditions
in the locality. Office space, biotechnology office and
manufacturing facilities shall be located on Parcel 1
south of Potter Street and shall involve, exclusively,
entities having development rights in the Kendall
Square Urban Renewal Area. Further, the Secretary shall
grant to the Authority a permanent easement on tract 2
for the construction and operation of an electric
utility station.
(C) Structured parking.--The Secretary shall make
available $12,500,000 for the purpose of providing
structured parking to be used by the NTSC and its
contractors' employees to be constructed in accordance
with the ground lease described in subparagraph
(B). Such structured parking may be incorporated into an office
building structure. In the event that the construction of office
buildings is not feasible, funds shall be used to construct a
multilevel parking deck for employee parking.
(D) Demolition.--The Secretary of Transportation
shall make available to the Authority $3,000,000 for
the purpose of demolishing the existing shipping and
receiving facility (building 6), relocating and
incorporating the existing functions and occupants in
the high-rise building (building 1), and for site
preparation.
(E) Open space and amenities.--The Secretary of
Transportation and the Secretary of Housing and Urban
Development are directed to make available funds to the
Authority in the amount of $2,000,000 for the purpose
of developing approximately 165,000 square feet of open
space for a full-size soccer field and related
amenities and a replacement playground to serve the
NTSC day care program which will be relocated from its
present location. Further, the Secretaries are directed
to identify and make available to the Authority
sufficient housing subsidies to finance not less than
75 dwelling units of housing that qualifies as
affordable housing under the provisions of section 215
of the Home Investment Partnerships Act (42 U.S.C.
12745). If an abutting tract of land is developed for
housing, the Secretary of Housing and Urban Development
shall identify and make available subsidies to finance
not less than an additional 75 units of affordable
housing units.
(F) Pedestrian passageway.--The Secretary of
Transportation shall make available through the Federal
Transit Administration funds to design and construct a
safe pedestrian passageway from the rapid transit
facility (Kendall Square Station) to the NTSC
facilities.
(G) Housing program.--The Secretary of Housing and
Urban Development shall assist the Authority and the
city of Cambridge to implement a program to create
housing on parcel 1 and the existing residential
neighborhoods in East Cambridge and Area 4, north and
west of NTSC, respectively.
(H) Preparation.--The Authority may take such
actions as are appropriate to ensure that it is
prepared to enter into ground leases with the
Government for the purpose of developing office
buildings and a parking structure as described in
subparagraphs (B) and (C) and shall take such actions
as are appropriate to ensure that not later than 1 year
of the date of enactment of this Act, not less than 500
parking spaces on parcel 1 of the Kendall Square Urban
Renewal Project Area are available for use by employees
of the NTSC, its contractors and tenants, and that such
parking is located on parcel 1. The Authority shall
cooperate with any implementing actions taken by the
Department of Transportation to ensure that--
(i) the existing shipping and receiving
facility is demolished; and
(ii) the functions from such facility are
relocated.
(3) Authority to execute instruments.--In making the
reconveyance provided for in paragraph (1), the Government may
execute any instruments, including contracts and deeds
necessary or appropriate to carry out the provisions of this
section.
(4) United states relieved of obligations.--Upon the
reconveyance of the disposable real property to the Authority,
the United States shall be relieved by the Authority of any
obligation to develop the disposable real property under the
Land Disposition Contract.
(d) Effects on Other Rights and Obligations Prohibited.--Nothing in
this section shall affect any of the rights and obligations of any
party, or the responsibilities and authority of the Authority and the
United States applicable to any other portions of the Kendall Square
Urban Renewal Project Area. Nothing in subsection (c) shall limit the
Authority from seeking or obtaining available Federal, State, or local
financial assistance in order to comply with the requirements of
subsection (c). | Extends the provisions of the Urban Renewal Plan and restrictions applicable to property in the Kendall Square Urban Renewal Area conveyed by the Cambridge Redevelopment Authority, Cambridge, Massachusetts, to the United States.Requires: (1) the Government to reconvey to the Authority certain disposable real property within the Area; and (2) the Authority to make a payment to the Government, carry out a housing and open space master plan within such Area, and cooperate with the Department of Transportation to secure additional space to expand Department facilities within the Area. | {"src": "billsum_train", "title": "To reconvey certain property."} | 2,309 | 116 | 0.585594 | 1.687746 | 0.576747 | 3.196078 | 21.117647 | 0.960784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving America's Pollinators Act of
2013''.
SEC. 2. FINDINGS.
(1) Pollination services are a vital part of agricultural
production, valued at over $125,000,000,000 globally and worth
$20,000,000,000 to $30,000,000,000 in agricultural production
annually in the United States.
(2) One-third of food produced in North America depends on
pollination by honey bees, including nearly 95 varieties of
fruits such as almonds, avocados, cranberries, and apples.
(3) Over the past several years, documented incidents of
colony collapse disorder have been at a record high, with some
beekeepers repeatedly losing 100 percent of their operations.
(4) During the winter beginning in 2012 and ending in 2013,
United States beekeepers, on average, lost 45.1 percent of the
colonies they operate.
(5) According to scientists of the Department of
Agriculture, current estimates of the survivorship of honey bee
colonies show they are too low to be able to meet the
pollination demands of United States agricultural crops.
(6) Scientists have linked the use of systemic
neonicotinoid insecticides to the rapid decline of pollinators
and to the deterioration of pollinator health.
(7) Neonicotinoids cause sublethal effects including
impaired foraging and feeding behavior, disorientation,
weakened immunity, delayed larval development, and increased
susceptibility to viruses, diseases, and parasites and numerous
studies have also demonstrated acute, lethal effects from the
application of neonicotinoid insecticides.
(8) Recent science has demonstrated that a single corn
kernel coated with a neonicotinoid is toxic enough to kill a
songbird.
(9) In June 2013, over 50,000 bumblebees were killed as a
direct result of exposure to a neonicotinoid applied to Linden
trees for cosmetic purposes.
(10) In January 2013, the European Food Safety Authority
determined that the most widely used neonicotinoids pose
unacceptable hazards to bees, prompting the European Union to
suspend their use on agricultural crops.
SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR
PROTECTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall suspend the registration of imidacloprid,
clothianidin, thiamethoxam, dinotafuran, and any other members of the
nitro group of neonicotinoid insecticides to the extent such
insecticide is registered, conditionally or otherwise, under the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) for use in seed treatment, soil application, or foliar treatment
on bee attractive plants, trees, and cereals until the Administrator
has made a determination that such insecticide will not cause
unreasonable adverse effects on pollinators based on--
(1) an evaluation of the published and peer-reviewed
scientific evidence on whether the use or uses of such
neonicotinoids cause unreasonable adverse effects on
pollinators, including native bees, honey bees, birds, bats,
and other species of beneficial insects; and
(2) a completed field study that meets the criteria
required by the Administrator and evaluates residues, including
residue build-up after repeated annual application, chronic
low-dose exposure, cumulative effects of multiple chemical
exposures, and any other protocol determined to be necessary by
the Administrator to protect managed and native pollinators.
(b) Conditions on Certain Pesticides Registrations.--
Notwithstanding section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of
honey bees, other pollinators, and beneficial insects, the
Administrator of the Environmental Protection Agency shall not issue
any new registrations, conditional or otherwise, for any seed
treatment, soil application, and foliar treatment on bee attractive
plants, trees, and cereals under such Act until the Administrator has
made the determination described in subsection (a), based on an
evaluation described in subsection (a)(1) and a completed field study
described in subsection (a)(2), with respect to such insecticide.
(c) Monitoring of Native Bees.--The Secretary of the Interior, in
coordination with the Administrator of the Environmental Protection
Agency, shall, for purposes of protecting and ensuring the long-term
viability of native bees and other pollinators of agricultural crops,
horticultural plants, wild plants, and other plants--
(1) regularly monitor the health and population status of
native bees, including the status of native bees in
agricultural and non-agricultural habitats and areas of
ornamental plants, residential areas, and landscaped areas;
(2) identify the scope and likely causes of unusual native
bee mortality; and
(3) beginning not later than 180 days after the date of the
enactment of this Act and each year thereafter, submit to
Congress, and make available to the public, a report on such
health and population status. | Saving America's Pollinators Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators. Requires such a determination to be based on: (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue build-up after repeated annual application, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. Prohibits the Administrator from issuing any new registrations of the pesticides listed in this Act for any seed treatment, soil application, and foliar treatment on bee attractive plants, trees, and cereals under FIFRA until the Administrator has made such determination with respect to such insecticide. Requires the Secretary of the Interior, in coordination with the Administrator, to: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on such health and population status. | {"src": "billsum_train", "title": "Saving America's Pollinators Act of 2013"} | 1,145 | 403 | 0.541553 | 1.839351 | 0.647637 | 7.239748 | 3.097792 | 0.962145 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preservation of
Antibiotics for Medical Treatment Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
Sec. 101. Proof of safety of critical antimicrobial animal drugs.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
Sec. 201. Collection of data on critical antimicrobial animal drugs.
SEC. 2. FINDINGS.
The Congress finds that--
(1)(A) in January 2001, a Federal interagency task force
released an action plan to address the continuing decline in
effectiveness of antibiotics against common bacterial
infections, referred to as antibiotic resistance;
(B) the task force determined that antibiotic resistance is
a growing menace to all people and poses a serious threat to
public health; and
(C) the task force cautioned that if current trends
continue, treatments for common infections will become
increasingly limited and expensive, and, in some cases,
nonexistent;
(2) antibiotic resistance, resulting in a reduced number of
effective antibiotics, may significantly impair the ability of
the United States to respond to terrorist attacks involving
bacterial infections or a large influx of hospitalized
patients;
(3)(A) any overuse or misuse of antibiotics contributes to
the spread of antibiotic resistance, whether in human medicine
or in agriculture; and
(B) recognizing the public health threat caused by
antibiotic resistance, Congress took several steps to curb
antibiotic overuse in human medicine through amendments to the
Public Health Service Act (42 U.S.C. 201 et seq.) made by
section 102 of the Public Health Threats and Emergencies Act
(Public Law 106-505, title I; 114 Stat. 2315), but has not yet
addressed antibiotic overuse in agriculture;
(4) in a March 2003 report, the National Academy of
Sciences stated that--
(A) a decrease in antimicrobial use in human
medicine alone will have little effect on the current
situation; and
(B) substantial efforts must be made to decrease
inappropriate overuse in animals and agriculture;
(5)(A) an estimated 70 percent of the antibiotics and other
antimicrobial drugs used in the United States are fed to farm
animals for nontherapeutic purposes, including--
(i) growth promotion; and
(ii) compensation for crowded, unsanitary, and
stressful farming and transportation conditions; and
(B) unlike human use of antibiotics, these nontherapeutic
uses in animals typically do not require a prescription;
(6)(A) many scientific studies confirm that the
nontherapeutic use of antibiotics in agricultural animals
contributes to the development of antibiotic-resistant
bacterial infections in people;
(B) the periodical entitled ``Clinical Infectious
Diseases'' published a report in June 2002, based on a 2-year
review by experts in human and veterinary medicine, public
health, microbiology, biostatistics, and risk analysis, of more
than 500 scientific studies on the human health impacts of
antimicrobial use in agriculture; and
(C) the report recommended that antimicrobial agents should
no longer be used in agriculture in the absence of disease, but
should be limited to therapy for diseased individual animals
and prophylaxis when disease is documented in a herd or flock;
(7) the United States Geological Survey reported in March
2002 that--
(A) antibiotics were present in 48 percent of the
streams tested nationwide; and
(B) almost half of the tested streams were
downstream from agricultural operations;
(8) an April 1999 study by the General Accounting Office
concluded that resistant strains of 3 microorganisms that cause
food-borne illness or disease in humans--Salmonella,
Campylobacter, and E. coli--are linked to the use of
antibiotics in animals;
(9)(A) in January 2003, Consumer Reports published test
results on poultry products bought in grocery stores nationwide
showing disturbingly high levels of Campylobacter and
Salmonella bacteria that were resistant to antibiotics used to
treat food-borne illnesses; and
(B) further studies showed similar results in other meat
products;
(10) in October 2001, the New England Journal of Medicine
published an editorial urging a ban on nontherapeutic use of
medically important antibiotics in animals;
(11)(A) in 1999, the European Union banned the practice of
feeding medically important antibiotics to animals other than
for disease treatment or control, and prior to that, individual
European countries had banned the use of specific antibiotics
in animal feed; and
(B) those countries have experienced no significant impact
on animal health or productivity, food safety, or meat prices,
and more importantly, levels of resistant bacteria have
declined sharply;
(12) in 1998, the National Academy of Sciences noted that
antibiotic-resistant bacteria generate a minimum of
$4,000,000,000 to $5,000,000,000 in costs to United States
society and individuals yearly;
(13) a year later, the National Academy of Sciences
estimated that eliminating the use of all antibiotics as feed
additives would cost each American consumer less than $5 to $10
per year;
(14) the American Medical Association, the American Public
Health Association, the National Association of County and City
Health Officials, and the National Campaign for Sustainable
Agriculture, are among the more than 300 organizations
representing health, consumer, agricultural, environmental,
humane, and other interests that support enactment of
legislation to phase out nontherapeutic use in farm animals of
medically important antibiotics;
(15) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.)--
(A) requires that all drugs be shown to be safe
before the drugs are approved; and
(B) places the burden on manufacturers to account
for health consequences and prove safety;
(16)(A) the Food and Drug Administration recently modified
the drug approval process for antibiotics to recognize the
development of resistant bacteria as an important aspect of
safety;
(B) however, most antibiotics currently used in animal
production systems for nontherapeutic purposes were approved
before the Food and Drug Administration began giving in-depth
consideration to resistance during the drug-approval process;
and
(C) the Food and Drug Administration has not established a
schedule for reviewing those existing approvals; and
(17) certain non-routine uses of antibiotics in animal
agriculture are legitimate to prevent animal disease.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve the effectiveness of
medically important antibiotics used in the treatment of human and
animal diseases by phasing out use of certain antibiotics for
nontherapeutic purposes in food-producing animals.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
SEC. 101. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(rr) Critical Antimicrobial Animal Drug.--The term `critical
antimicrobial animal drug' means a drug that--
``(1) is intended for use in food-producing animals; and
``(2) is composed wholly or partly of--
``(A) any kind of penicillin, tetracycline,
macrolide, lincosamide, streptogramin, aminoglycoside,
or sulfonamide; or
``(B) any other drug or derivative of a drug that
is used in humans or intended for use in humans to
treat or prevent disease or infection caused by
microorganisms.
``(ss) Nontherapeutic Use.--The term `nontherapeutic use', with
respect to a critical antimicrobial animal drug, means any use of the
drug as a feed or water additive for an animal in the absence of any
clinical sign of disease in the animal for growth promotion, feed
efficiency, weight gain, routine disease prevention, or other routine
purpose.''.
(b) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) with respect to a critical antimicrobial
animal drug or a drug of the same chemical class as a
critical antimicrobial animal drug, the applicant has
failed to demonstrate that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use of the drug; or''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(c) Phased Elimination of Nontherapeutic Use in Animals of Critical
Antimicrobial Animal Drugs Important for Human Health.--Section 512 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by
adding at the end the following:
``(q) Phased Elimination of Nontherapeutic Use in Animals of
Critical Antimicrobial Animal Drugs Important for Human Health.--
``(1) Applicability.--This subsection applies to the
nontherapeutic use in a food-producing animal of a drug--
``(A)(i) that is a critical antimicrobial animal
drug; or
``(ii) that is of the same chemical class as a
critical antimicrobial animal drug; and
``(B)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for use.
``(2) Withdrawal.--The Secretary shall withdraw the
approval of a nontherapeutic use in food-producing animals
described in paragraph (1) on the date that is 2 years after
the date of enactment of this subsection unless--
``(A) before the date that is 2 years after the
date of the enactment of this subsection, the Secretary
makes a final written determination that the holder of
the approved application has demonstrated that there is
a reasonable certainty of no harm to human health due
to the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the drug conducted by the Secretary and other
relevant information, that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug.
``(3) Exemptions.--Except as provided in paragraph (5), if
the Secretary grants an exemption under section 505(i) for a
drug that is a critical antimicrobial animal drug, the
Secretary shall rescind each approval of a nontherapeutic use
in a food-producing animal of the critical antimicrobial animal
drug, or of a drug in the same chemical class as the critical
antimicrobial animal drug, as of the date that is 2 years after
the date on which the Secretary grants the exemption.
``(4) Approvals.--Except as provided in paragraph (5), if
an application for a drug that is a critical antimicrobial
animal drug is submitted to the Secretary under section 505(b),
the Secretary shall rescind each approval of a nontherapeutic
use in a food-producing animal of the critical antimicrobial
animal drug, or of a drug in the same chemical class as the
critical antimicrobial animal drug, as of the date that is 2
years after the date on which the application is submitted to
the Secretary.
``(5) Exception.--Paragraph (3) or (4), as the case may be,
shall not apply if--
``(A) before the date on which approval would be
rescinded under that paragraph, the Secretary makes a
final written determination that the holder of the
application for the approved nontherapeutic use has
demonstrated that there is a reasonable certainty of no
harm to human health due to the development of
antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use in the food-
producing animal of the critical antimicrobial animal
drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the critical antimicrobial animal drug conducted by
the Secretary and any other relevant information, that
there is a reasonable certainty of no harm to human
health due to the development of antimicrobial
resistance that is attributable in whole or in part to
the nontherapeutic use of the drug.''.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
SEC. 201. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 512 (21 U.S.C. 360b) the
following:
``SEC. 512A. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
``(a) In General.--Not later than July 1 of each year, a
manufacturer of a critical antimicrobial animal drug or an animal feed
for food-producing animals bearing or containing a critical
antimicrobial animal drug shall submit to the Secretary a report, in
such form as the Secretary shall require, containing information on the
sales during the previous calendar year of the critical antimicrobial
animal drug or the animal feed.
``(b) Information to Be Included.--A report under subsection (a)
shall--
``(1) state separately the quantity of the critical
antimicrobial animal drug, including such quantity in animal
feed bearing or containing the critical antimicrobial drug,
sold for each kind of food-producing animal;
``(2) describe the claimed purpose of use for the drug for
each kind of food-producing animal as being for growth
promotion, weight gain, feed efficiency, disease prevention,
disease control, disease treatment, or another purpose; and
``(3) describe the dosage form of the drug.
``(c) Publication.--
``(1) In general.--The Secretary shall make the information
submitted under subsection (a) available to the public not less
than annually.
``(2) Protection of confidentiality.--The Secretary may
aggregate information, if necessary, so as to avoid disclosure
under paragraph (1) of confidential business information.''.
(b) Violation.--Subsection (e) of section 301 of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking
``515(f)'' and inserting ``512A, 515(f)''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006. | Preservation of Antibiotics for Medical Treatment Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms.
Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met.
Requires the manufacturer of such a drug or an animal feed for food-producing animals containing such a drug to report sales information to the Secretary. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases."} | 3,518 | 225 | 0.530953 | 1.540644 | 0.619115 | 4.016575 | 17.104972 | 0.922652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Certified Registered Nurse
First Assistant Direct Reimbursement Act of 2000''.
SEC. 2. MEDICARE COVERAGE OF SURGICAL FIRST ASSISTING SERVICES OF
CERTIFIED REGISTERED NURSE FIRST ASSISTANTS.
(a) Services Covered.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (S);
(2) by striking the period at the end of (T) and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(U) surgical first assisting services (as defined in
subsection (uu)(1)) furnished by a certified registered nurse
first assistant (as defined in subsection (uu)(2)).''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``Surgical First Assisting Services; Certified Registered Nurse First
Assistant
``(uu)(1) The term `surgical first assisting services' means
services consisting of first assisting a physician with surgery and
related preoperative, intraoperative, and postoperative care (as
determined by the Secretary) furnished by a certified registered nurse
first assistant (as defined in paragraph (2)) which the certified
registered nurse first assistant is legally authorized to perform by
the State in which the services are performed.
``(2) The term `certified registered nurse first assistant' means
an individual who--
``(A) is a registered nurse and is licensed to practice
nursing in the State in which the surgical first assisting
services are performed;
``(B) has completed a minimum of 2,000 hours of first
assisting a physician with surgery and related preoperative,
intraoperative, and postoperative care; and
``(C) is certified as a registered nurse first assistant by
an organization recognized by the Secretary.''.
(c) Payment Amount.--Section 1833(a)(1) of the Social Security Act
(42 U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(S)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (T) with respect to surgical first assisting
services (as defined in section 1861(uu)(1)) furnished by a
certified registered nurse first assistant (as defined in
section 1861(uu)(2)), the amount paid shall be 80 percent of
the lesser of the actual charge for the services or 85 percent
of the amount determined under the fee schedule established
under section 1848(b) for the same services if furnished by a
physician''.
(d) Payments to Employers.--
(1) In general.--Section 1833(r) of the Social Security Act
(42 U.S.C. 1395l(r)) is amended--
(A) in paragraph (1), by inserting ``or section
1861(s)(2)(U) (relating to surgical first assisting
services)'' after ``clinical nurse specialist
services)''; and
(B) in paragraph (2), by striking
``1861(s)(2)(K)(ii)'' and inserting ``1861(s)(2)(K)(ii)
or 1861(s)(2)(U)''.
(2) Application of mandatory assignment rules.--Section
1842(b)(18)(C)(i) of such Act (42 U.S.C. 1395u(b)(18)(C)(i)) is
amended by striking ``physician assistant, nurse practitioner,
clinical nurse specialist'' and inserting ``physician
assistant, nurse practitioner, clinical nurse specialist, or
certified registered nurse first assistant''.
(3) Exclusion from bundled payments for covered skilled
nursing facility services.--Section 1888(e)(2)(A)(ii) of such
Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting
``surgical first assisting services of a certified registered
nurse first assistant,'' after ``services of a certified
registered nurse anesthetist,''.
(e) Reduction in Payments To Avoid Duplicate Payment.--
Notwithstanding any other provision of law, the Secretary of Health and
Human Services may reduce the amount of payments otherwise made to
hospitals under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) to eliminate estimated duplicate payments for historical or
current costs attributable to surgical first assisting services
furnished by certified registered nurse first assistants as described
in section 1861(uu) of such Act (as added by subsection (a)).
(f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date of the enactment of
this Act.
SEC. 3. STUDY OF PAYMENT RATES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit to
Congress a report containing recommendations for adjustments to the
payment amounts established under part B of title XVIII of the Social
Security Act for surgical first assisting services furnished by
certified registered nurse first assistants (as described in section
1861(uu) of such Act (as added by section 1(a)) to ensure that the
payment amounts reflect the approximate costs of furnishing such
services, taking into account the costs of compensation, overhead, and
supervision attributable to certified registered nurse first
assistants. | Provides for payment of such nurses on an assignment-related basis.
Excludes services of such nurses from the definition of "covered skilled nursing facility services" for purposes of applying a prospective payment formula for such services.
Directs the Secretary of Health and Human Services to reduce the amount of Medicare payments otherwise made to hospitals to eliminate estimated duplicate payments for historical or current costs attributable to surgical first assisting services furnished by certified registered nurse first assistants.
Requires the Secretary to report to Congress on recommendations for adjustments to the payment amounts established under part B (Supplementary Medical Insurance) of Medicare for surgical first assisting services furnished by such nurses to ensure that the payment amounts reflect the approximate costs of furnishing such services, taking into account the costs of compensation, overhead, and supervision attributable to such nurses. | {"src": "billsum_train", "title": "Medicare Certified Registered Nurse First Assistant Direct Reimbursement Act of 2000"} | 1,322 | 172 | 0.514603 | 1.265041 | 0.642562 | 4.571429 | 6.792208 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Better Health Centers Act
of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Many health care experts believe that Americans' lack
of access to basic health services is our single most pressing
health care problem. Nearly 50,000,000 Americans do not have
access to a primary care provider, whether they are insured or
not. In addition, 43,000,000 Americans lack health insurance
and have difficulty accessing care due to the inability to pay.
(2) Health centers, including community health centers,
migrant health centers, health centers for the homeless, and
public housing health centers, address the health care access
problem by providing primary care services in thousands of
rural and urban medically-underserved communities throughout
the United States.
(3) Health centers provide basic health care services to
more than 11,000,000 Americans, at least 7,000,000 minorities,
more than 600,000 farmworkers, and at least 600,000 homeless
individuals each year.
(4) Studies show that health centers provide high-quality
and cost-effective health care. The average yearly cost for a
health center patient is less than $1 per day.
(5) One of the most effective ways to address America's
health care access problem is by dramatically expanding access
to health centers, as both the Senate and the President have
proposed.
(6) Many existing health centers operate in facilities that
desperately need renovation or modernization. Thirty percent of
health centers are located in buildings that are more than 30
years old, with 12 percent of such centers operating of
facilities that are more than 50 years old. In a recent survey
of health centers in 11 States, \2/3\ of those centers
identified a need to improve, expand, or replace their current
facility. An extrapolation based on this survey indicates there
may be as much as $1,200,000,000 in unmet capital needs in our
nation's health centers.
(7) Dramatically increasing access to health centers
requires building new facilities in communities that have
access problems and lack a health center right now.
(8) Health centers often do not have the means to pay for
capital improvements or new facilities. While most health
centers raise some funds through private donations, it is
difficult to raise sufficient amounts for capital needs without
a middle- and upper-class donor base similar to other nonprofit
organizations like universities and hospitals.
(9) Health centers also have a limited ability to support
loan payments. Due to an increasing number of uninsured
patients and the fact that many health care reimbursements are
less than the cost of care, health centers rarely have more
than minimal positive operating margins. Yet banks are rarely
willing to take risks on nonprofit organizations without these
positive margins.
(10) While the Federal government currently provides grants
to health centers to assist with operational expenses used to
provide care to a medically-underserved population, it does not
have the authority to provide grants to assist health centers
meet capital needs such as new facilities or renovation.
(11) To assist health centers with their mission of
providing health care to the medically underserved, the Federal
government should supplement local efforts to meet health
centers' capital needs.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Section 330 of the Public Health Service Act (42 U.S.C. 2546) is
amended by adding at the end the following:
``(r) Health Care Facility Grants and Loan Guarantees.--
``(1) Program authorized.--
``(A) In general.--The Secretary may award grants
to eligible health centers to pay for the costs
described in subparagraph (C).
``(B) Eligible health centers.--The term `eligible
health center' means any health center that is
receiving a grant under subsections (c)(1)(A), (e),
(f), (g), (h), or (i) on or after the date of enactment
of this subsection.
``(C) Limitation.--
``(i) In general.--A grant awarded under
subparagraph (A) to expand or replace an
existing facility or construct a new facility
shall not exceed 75 percent of the total cost
of the project (including interest payments)
proposed by the eligible health center.
``(ii) Exception.--Clause (i) shall not
apply if the total cost of the project proposed
by the eligible health center is less than
$750,000, or the Secretary waives the
limitation described such clause upon a showing
of good cause.
``(D) Use of funds.--An eligible health center that
receives a grant under subparagraph (A) shall use funds
received through such grant to--
``(i) acquire, lease, modernize, expand and
replace existing facilities;
``(ii) construct new facilities; and
``(iii) purchase or lease equipment
(including paying the costs of amortizing the
principal of, and paying the interest on, leans
for facilities and equipment) to support or
further the operation of such center.
``(2) Facility loan guarantees.--
``(A) In general.--The Secretary shall establish a
program under which the Secretary may guarantee 100
percent of the principal and interest on loans made by
non-Federal lenders to health centers to pay for the
costs of acquiring, leasing, modernizing, expanding, or
replacing existing facilities, constructing new
facilities, or purchasing or leasing equipment, or
refinancing loans made for any of the purposes listed
above. Any loan guarantee issued pursuant to this
paragraph shall not be deemed a Federal subsidy for any
other purpose.
``(B) Definitions.--In this section:
``(i) Facilities.--The term `facilities'
means a building or buildings used by a health
center, in whole or in part, to provide
services permitted under this section and for
such other purposes as are not specifically
prohibited under this section as long as such
use furthers the objectives of the health
center.
``(ii) Non-Federal lender.--The term `non-
Federal lender' means any entity other than an
agency or instrumentality of the Federal
government authorized by law to make such loan,
including a Federally-insured bank, a lending
institution authorized or licensed by the State
in which it resides to make such loans, and a
State or municipal bonding authority or such
authority's designee.
``(C) Protection of financial interests.--The
Secretary may not approve a loan guarantee under this
paragraph unless the Secretary determines that--
``(i) the terms, conditions, security (if
any), and schedule and amount of repayments
with respect to the loan are sufficient to
protect the financial interests of the United
States and are otherwise reasonable, including
a determination that the rate of interest does
not exceed such percent per annum on the
principal obligation outstanding as the
Secretary determines to be reasonable, taking
into account the range of interest rates
prevailing in the private market for similar
loans and the risks assumed by the United
States, except that the Secretary may not
require as security any center asset that is,
or may be, needed by the center or centers
involved to provide health services;
``(ii) the loan would not be available on
reasonable terms and conditions without the
guarantee under this paragraph; and
``(iii) amounts appropriated for the
program under this paragraph are sufficient to
provide loan guarantees under this paragraph.
``(D) Recovery of payments.--
``(i) In general.--The United States shall
be entitled to recover from the applicant for a
loan guarantee under this paragraph the amount
of any payment made pursuant to such guarantee,
unless the Secretary for good cause waives such
right of recovery (subject to appropriations
remaining available to permit such a waiver)
and, upon making any such payment, the United
States shall be subrogated to all of the rights
of the recipient of the payments with respect
to which the guarantee was made. Amounts
recovered under this clause shall be credited
as reimbursements to the financing account of
the program.
``(ii) Modification of terms and
conditions.--To the extent permitted by clause
(iii) and subject to the requirements of
section 504(e) of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661c(e)), any terms and
conditions applicable to a loan guarantee under
this paragraph (including terms and conditions
imposed under clause (iv)) may be modified or
waived by the Secretary to the extent the
Secretary determines it to be consistent with
the financial interest of the United States.
``(iii) Incontestability.--Any loan
guarantee made by the Secretary under this
paragraph shall be incontestable--
``(I) in the hands of an applicant
on whose behalf such guarantee is made
unless the applicant engaged in fraud
or misrepresentation in securing such
guarantee; and
``(II) as to any person (or
successor in interest) who makes or
contracts to make a loan to such
applicant in reliance thereon unless
such person (or successor in interest)
engaged in fraud or misrepresentation
in making or contracting to make such
loan.
``(iv) Further terms and conditions.--
Guarantees of loans under this paragraph shall
be subject to such further terms and conditions
as the Secretary determines to be necessary to
assure that the purposes of this paragraph will
be achieved.
``(E) Defaults.--
``(i) In general.--Subject to the
requirements of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.), the Secretary
may take such action as may be necessary to
prevent a default on a loan guaranteed under
this paragraph, including the waiver of
regulatory conditions, deferral of loan
payments, renegotiation of loans, and the
expenditure of funds for technical and
consultative assistance, for the temporary
payment of the interest and principal on such a
loan, and for other purposes. Any such
expenditure made under the preceding sentence
on behalf of a health center or centers shall
be made under such terms and conditions as the
Secretary shall prescribe, including the
implementation of such organizational,
operational, and financial reforms as the
Secretary determines are appropriate and the
disclosure of such financial or other
information as the Secretary may require to
determine the extent of the implementation of
such reforms.
``(ii) Foreclosure.--The Secretary may take
such action, consistent with State law
respecting foreclosure procedures and, with
respect to reserves required for furnishing
services on a prepaid basis, subject to the
consent of the affected States, as the
Secretary determines appropriate to protect the
interest of the United States in the event of a
default on a loan guaranteed under this
paragraph, except that the Secretary may only
foreclose on assets offered as security (if
any) in accordance with subparagraph (C).
``(3) Evaluation.--Not later than 3 years after the date of
enactment of this subsection, the Secretary shall prepare a
report containing an evaluation of the programs established by
this subsection. Such report shall include recommendations on
how this subsection can be improved to better help health
centers meet capital needs in order to expand Americans' access
to health care.
``(4) Limitation.--For the purpose of carrying out this
subsection, the Secretary shall use no more than 5 percent of
any funds appropriated pursuant to subsection (l).''. | Building Better Health Centers Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to provide loan guarantees or make grants to eligible health centers for expansion, new construction, or equipment purchase or lease. | {"src": "billsum_train", "title": "A bill entitled the \"Building Better Health Centers Act of 2001\"."} | 2,478 | 51 | 0.454358 | 1.152745 | 0.513323 | 2.413043 | 51.5 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Prevention Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The States should recognize that the terms ``acquired
immune deficiency syndrome'' and ``AIDS'' are obsolete. In the
case of individuals who are infected with the human
immunodeficiency virus (commonly known as HIV), the more
important medical fact for the individuals and for the
protection of the public health is the fact of infection, and
not just the later development of AIDS (the stage at which the
infection causes symptoms). The term ``HIV disease'', meaning
infection with HIV regardless of whether the infection has
progressed to AIDS, more correctly defines the medical
condition.
(2) The medical, public health, political, and community
leadership must focus on the full course of HIV disease rather
than concentrating on later stages of the disease. Continual
focus on AIDS rather than the entire spectrum of HIV disease
has left our Nation unable to deal adequately with the
epidemic. Federal and State data collection efforts should
focus on obtaining data as early as possible after infection
occurs, while continuing to collect data on the symptomatic
stage of the disease.
(3) Recent medical breakthroughs may enable doctors to
treat HIV disease as a chronic disease rather than as a
terminal disease. Early intervention in the progression of the
infection is imperative to prolonging and improving the lives
of individuals with the disease.
(4) The Centers for Disease Control and Prevention has
recommended partner notification as a primary prevention
service. The health needs of the general public, and the care
and protection of those who do not have the disease, should be
balanced with the needs of individuals with the disease in a
manner that allows for the infected individuals to receive
optimal medical care and for public health services to protect
the uninfected.
(5) Individuals with HIV disease have an obligation to
protect others from being exposed to HIV by avoiding behaviors
that place others at risk of becoming infected. Each of the
States should have in effect laws that provide that the
intentional or reckless exposure of others to HIV is a felony,
even if the infection is not transmitted.
SEC. 3. ESTABLISHMENT OF HIV-RELATED REQUIREMENTS IN MEDICAID PROGRAM.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended--
(1) in section 1902(a)--
(A) in paragraph (61), by striking ``and'' after
the semicolon at the end;
(B) in paragraph (62), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (62) the following
paragraph:
``(63) meet the requirements of section 1930A (relating to
the prevention of the transmission of the human
immunodeficiency virus, commonly known as HIV).''; and
(2) by inserting after section 1930 the following section:
``prevention of transmission of hiv
``Sec. 1930A. (a) For purposes of section 1902(a)(63), a State plan
meets the requirements of this subsection if the plan demonstrates to
the satisfaction of the Secretary that the law or regulations of the
State are in accordance with the following:
``(1) The State requires that, in the case of a health
professional or other entity that provides for the performance
of a test for HIV on an individual, the entity confidentially
report positive test results to the State public health
officer, together with any additional necessary information, in
order to carry out the following purposes:
``(A) The performance of statistical and
epidemiological analyses of the incidence in the State
of cases of such disease.
``(B) The performance of statistical and
epidemiological analyses of the demographic
characteristics of the population of individuals in the
State who have the disease.
``(C) The assessment of the adequacy of preventive
services in the State with respect to the disease.
``(2)(A) The State requires that the public health officer
of the State carry out a program to inform individuals that the
individuals may have been exposed to HIV (referred to in this
paragraph as `partner notification'). For purposes of this
paragraph, the term `partner' includes the sexual partners of
individuals with HIV disease, and the partners of such
individuals in the sharing of hypodermic needles for the
intravenous injection of drugs.
``(B) The State requires that any information collected for
purposes of partner notification be sufficient for the
following purposes:
``(i) To provide the partners of the
individual with HIV disease with an appropriate
opportunity to learn that the partners have
been exposed to HIV.
``(ii) To provide the partners with
counseling and testing for HIV disease.
``(iii) To provide the individual who has
the disease with information regarding
therapeutic measures for preventing and
treating the deterioration of the immune system
and conditions arising from the disease, and to
provide the individual with other preventive
information.
``(iv) With respect to an individual who
undergoes testing for HIV disease but does not
seek the results of the testing, to recall and
provide the individual with counseling,
therapeutic information, and other information
regarding preventative health services
appropriate for the individual.
``(C) The State cooperates with the Director of the Centers
for Disease Control and Prevention in carrying out a national
program of partner notification, including the sharing of
information between the public health officers of the States.
``(3) With respect to a defendant against whom an
information or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the victim to
engage in sexual activity, the State requires as follows:
``(A) That the defendant be tested for HIV disease
if--
``(i) the nature of the alleged crime is
such that the sexual activity would have placed
the victim at risk of becoming infected with
HIV; or
``(ii) the victim requests that the
defendant be so tested.
``(B) That if the conditions specified in
subparagraph (A) are met, the defendant undergo the
test not later than 48 hours after the date on which
the information or indictment is presented, and that as
soon thereafter as is practicable the results of the
test be made available to the victim; the defendant (or
if the defendant is a minor, to the legal guardian of
the defendant); the attorneys of the victim;
the attorneys of the defendant; the prosecuting attorneys; the judge
presiding at the trial, if any; and the principal public health
official for the local governmental jurisdiction in which the crime is
alleged to have occurred.
``(C) That, if the results of the test indicate
that the defendant has HIV disease, such fact may, as
relevant, be considered in the judicial proceedings
conducted with respect to the alleged crime.
``(4)(A) With respect to a patient who is to undergo an
invasive medical procedure that would place the health
professionals involved at risk of becoming infected with HIV,
the State--
``(i) authorizes such health professionals to
provide that the procedure will not be performed unless
the patient undergoes a test for HIV disease and the
health professionals are notified of the results of the
test; and
``(ii) requires that, if such test is performed and
the patient has positive test results, the patient be
informed of the results.
``(B) The State authorizes funeral-services practitioners
to provide that invasive procedures will not be performed
unless the body involved undergoes a test for HIV disease and
the practitioners are notified of the results of the test.
``(5) The State requires that, if a health care entity
(including a hospital) transfers a body to a funeral-services
practitioner and such entity knows that the body is infected
with HIV, the entity notify the funeral-services practitioner
of such fact.
``(6) The State requires that, if a health professional
knows that the professional has HIV disease, the professional
notify a patient of the professional before performing any
invasive medical procedure on the patient.
``(b) For purposes of this section, the term `HIV' means the human
immunodeficiency virus; and the term `HIV disease' means infection with
HIV and includes any condition arising from such infection.''.
(b) Sense of Congress Regarding Health Professionals With HIV
Disease.--It is the sense of the Congress that, with respect to health
professionals who have HIV disease and who perform invasive medical
procedures on patients, the medical profession should develop
guidelines to assist such professionals in complying with requirements
established by the States pursuant to section 1930A(a)(6) of the Social
Security Act (as added by subsection (a) of this section).
(c) Applicability of Requirements.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) applies upon the expiration of
the 120-day period beginning on the date of the enactment of
this Act.
(2) Delayed applicability for certain states.--In the case
of the State involved, if the Secretary determines that a
requirement established by the amendment made by subsection (a)
cannot be implemented in the State without the enactment of
State legislation, then such requirement applies to the State
on and after the first day of the first calendar quarter that
begins after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act. For purposes of the preceding sentence, in the
case of a State that has a 2-year legislative session, each
year of such session is deemed to be a separate regular session
of the State legislature.
(c) Rule of Construction.--Part D of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting
after section 2675 the following section:
``SEC. 2675A. RULE OF CONSTRUCTION.
``With respect to an entity that is an applicant for or a recipient
of financial assistance under this title, compliance by the entity with
any State law or regulation that is consistent with section 1930A of
the Social Security Act may not be considered to constitute a violation
of any condition under this title for the receipt of such
assistance.''.
SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.
It is the sense of the Congress that the States should have in
effect laws providing that, in the case of individuals who know they
have HIV disease, it is a felony for the individuals to engage in any
behaviors that the individuals know will place others at risk of
infection with the disease, regardless of whether the behaviors
actually transmit the infection.
SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.
It is the sense of the Congress that strict confidentiality should
be maintained in carrying out the provisions of section 1930A of the
Social Security Act (as added by section 3(a) of this Act). | HIV Prevention Act of 1996 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval.
Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State; (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results; (4) subjection to mandatory HIV testing of prospective patients who are to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; and (5) notification of individuals who are to undergo an invasive medical procedure by any health professional who is to perform such procedure and knows that he or she has HIV disease.
Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist them in complying with the requirements of this Act; (2) the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony to engage in any behaviors that the individual knows will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit such infection; and (3) strict confidentiality should be maintained in carrying out the requirements added by this Act. | {"src": "billsum_train", "title": "HIV Prevention Act of 1996"} | 2,440 | 334 | 0.553539 | 1.711275 | 0.687485 | 3.938272 | 7.185185 | 0.925926 |
SECTION 1. NATIONAL ACADEMY OF SCIENCE, SPACE, AND TECHNOLOGY.
(a) Amendments.--Section 621 of the Excellence in Mathematics,
Science, and Engineering Education Act of 1990 (20 U.S.C. 5411) is
amended--
(1) in subsection (a), by adding at the end the following:
``The Academy shall consist of a program of instruction leading
to baccalaureate degrees in science, mathematics, and
engineering at not less than 6 universities selected under
subsection (b)(3), with uniform curriculum criteria established
by the Secretary, in conjunction with the Director. The Academy
shall establish a permanent headquarters in the greater
metropolitan area of Youngstown-Warren, Ohio, for its
administrative staff and for use by the Board.'';
(2) in subsection (b) by striking ``Advisory'' in the
subsection heading;
(3) in subsection (b)(1)--
(A) by striking ``an Advisory Board for the
Academy'' and inserting in lieu thereof ``a Board of
the National Academy of Science, Space, and Technology
(in this section referred to as the `Board')''; and
(B) by inserting ``, along with the president of
each university selected under paragraph (3)'' after
``high-technology industries'';
(4) by amending subsection (b)(2) to read as follows:
``(2) Functions.--The Board shall--
``(A) develop an exam for secondary students
testing knowledge in science, mathematics, and
engineering, or select an exam from among existing
national exams, and annually administer such exam;
``(B) provide for the placement at one of the
Member Institutes of students awarded scholarships
under this section at the Academy;
``(C) administer the awarding of such scholarships;
and
``(D) establish a placement program to assist
recipients of awards under this section in obtaining
positions described in subsection (l)(1)(A).'';
(5) by inserting after subsection (b)(2) the following new
paragraph:
``(3) Selection of universities for academy.--The Board
shall select not less than 6 State universities that are
regional in scope and that have outstanding degree programs in
science, mathematics, and engineering to be designated as
Member Institutes of the Academy. The selections shall come
from universities that have applied to the Board and that have
demonstrated the willingness and capability to provide room, in
a separate dormitory or portion of a dormitory, and board to
scholarship winners and to offer the Academy's uniform
curriculum.'';
(6) in subsection (c)--
(A) by striking ``Advisory'';
(B) by inserting ``(A)'' after ``subsection
(b)(2)''; and
(C) by striking ``top scorer'' and inserting in
lieu thereof ``top 2 scorers'';
(7) in subsection (d)(1)--
(A) by striking ``Academy'' and inserting in lieu
thereof ``Board'';
(B) by striking ``pursue the baccalaureate degree
in fields of science, mathematics, or engineering'' and
inserting in lieu thereof ``attend the Academy''; and
(C) by striking ``subsection (l)'' and inserting in
lieu thereof ``subsection (k)'';
(8) in subsection (d)(2), by striking ``a Member
Institute'' and inserting in lieu thereof ``the Academy'';
(9) by striking subsection (d)(5);
(10) by striking subsection (j);
(11) by redesignating subsections (k), (l), and (m) as
subsections (j), (k), and (l), respectively;
(12) in subsection (j), as so redesignated by paragraph
(11) of this section--
(A) by amending paragraph (1) to read as follows:
``(1) Amount of award.--Except as provided in paragraph
(2), the amount of a scholarship awarded under this section
shall cover the full tuition and fees of the student at the
Academy.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(13) in subsection (l), as so redesignated by paragraph
(11) of this section, by striking ``and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and
inserting in lieu thereof ``, $9,000,000 for fiscal year 1994,
and such sums as may be necessary for subsequent fiscal
years''.
(b) Exception.--Notwithstanding the amendments made by subsection
(a), a student who has received an award under section 621 of the
Excellence in Mathematics, Science, and Engineering Education Act of
1990 before the date of enactment of this Act may elect to complete
eligibility for awards under such section pursuant to the provisions of
that section as in effect before the effectiveness of the amendments
made by subsection (a) of this section.
SEC. 2. CONSTRUCTION OF HEADQUARTERS FOR NATIONAL ACADEMY OF SCIENCE,
SPACE, AND TECHNOLOGY.
(a) Construction.--The Administrator of General Services shall
construct a public building in the greater metropolitan area of
Youngstown-Warren, Ohio, to provide space for the headquarters of the
National Academy of Science, Space, and Technology to be established
pursuant to section 621(a) of the Excellence in Mathematics, Science,
and Engineering Education Act of 1990 (as amended by section 1 of this
Act).
(b) Site.--The Administrator shall acquire by purchase, donation,
or otherwise such lands as may be necessary to serve as the site for
the building to be constructed under subsection (a). Such site shall be
sufficient to accommodate future expansion of the building.
(c) Size of Building.--The size of the building to be constructed
under subsection (a) shall be sufficient to provide office space for
the National Academy of Science, Space, and Technology and its
administrative staff and to provide meeting facilities for the Board of
the National Academy of Science, Space, and Technology.
(d) Parking Facility.--The Administrator shall construct a parking
facility for the building to be constructed under subsection (a) in
order to provide parking spaces for employees and visitors of the
National Academy of Science, Space, and Technology.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1993. | Amends the Excellence in Mathematics, Science, and Engineering Education Act of 1990 to require that the National Academy of Science, Space, and Technology (the Academy) consist of a program of instruction leading to baccalaureate degrees in science, mathematics, and engineering at a minimum of six State universities selected by the Academy's Board (which replaces an Advisory Board).
Requires the Board to: (1) administer an exam and the awarding of scholarships; and (2) provide for placement of scholarship award recipients at one of the Member Institutes and in positions to fulfill service requirements.
Expands the scholarship program to include the top two scorers, rather than just the top scorer, on the exam in each congressional district. Provides that a scholarship shall cover the full tuition and fees of the student at the Academy (currently the scholarship is $5,000 per academic year). Extends and increases the authorization of appropriations.
Directs the Administrator of General Services to construct the Academy's headquarters in the greater metropolitan area of Youngstown-Warren, Ohio. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Excellence in Mathematics, Science, and Engineering Education Act of 1990 to establish the National Academy of Science, Space, and Technology at State universities, to expand the scholarship program associated with such Academy, to direct the Administrator of General Services to construct a public building to provide space for the headquarters of such Academy, and for other purposes."} | 1,415 | 232 | 0.629162 | 1.890803 | 0.907144 | 3.533654 | 6.504808 | 0.841346 |
SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804
and inserting the following:
``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS.
``(a) Definitions.--In this section:
``(1) Importer.--The term `importer' means a pharmacist or
wholesaler.
``(2) Pharmacist.--The term `pharmacist' means a person
licensed by a State to practice pharmacy, including the
dispensing and selling of prescription drugs.
``(3) Prescription drug.--The term `prescription drug'
means a drug subject to section 503(b), other than--
``(A) a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802));
``(B) a biological product (as defined in section
351 of the Public Health Service Act (42 U.S.C. 262));
``(C) an infused drug (including a peritoneal
dialysis solution);
``(D) an intravenously injected drug;
``(E) a drug that is inhaled during surgery; or
``(F) a drug which is a parenteral drug, the
importation of which pursuant to subsection (b) is
determined by the Secretary to pose a threat to the
public health, in which case section 801(d)(1) shall
continue to apply.
``(4) Qualifying laboratory.--The term `qualifying
laboratory' means a laboratory in the United States that has
been approved by the Secretary for the purposes of this
section.
``(5) Wholesaler.--
``(A) In general.--The term `wholesaler' means a
person licensed as a wholesaler or distributor of
prescription drugs in the United States under section
503(e)(2)(A).
``(B) Exclusion.--The term `wholesaler' does not
include a person authorized to import drugs under
section 801(d)(1).
``(b) Regulations.--The Secretary, after consultation with the
United States Trade Representative and the Commissioner of Customs,
shall promulgate regulations permitting pharmacists and wholesalers to
import prescription drugs from Canada into the United States.
``(c) Limitation.--The regulations under subsection (b) shall--
``(1) require that safeguards be in place to ensure that
each prescription drug imported under the regulations complies
with section 505 (including with respect to being safe and
effective for the intended use of the prescription drug), with
sections 501 and 502, and with other applicable requirements of
this Act;
``(2) require that an importer of a prescription drug under
the regulations comply with subsections (d)(1) and (e); and
``(3) contain any additional provisions determined by the
Secretary to be appropriate as a safeguard to protect the
public health or as a means to facilitate the importation of
prescription drugs.
``(d) Information and Records.--
``(1) In general.--The regulations under subsection (b)
shall require an importer of a prescription drug under
subsection (b) to submit to the Secretary the following
information and documentation:
``(A) The name and quantity of the active
ingredient of the prescription drug.
``(B) A description of the dosage form of the
prescription drug.
``(C) The date on which the prescription drug is
shipped.
``(D) The quantity of the prescription drug that is
shipped.
``(E) The point of origin and destination of the
prescription drug.
``(F) The price paid by the importer for the
prescription drug.
``(G) Documentation from the foreign seller
specifying--
``(i) the original source of the
prescription drug; and
``(ii) the quantity of each lot of the
prescription drug originally received by the
seller from that source.
``(H) The lot or control number assigned to the
prescription drug by the manufacturer of the
prescription drug.
``(I) The name, address, telephone number, and
professional license number (if any) of the importer.
``(J)(i) In the case of a prescription drug that is
shipped directly from the first foreign recipient of
the prescription drug from the manufacturer:
``(I) Documentation demonstrating that the
prescription drug was received by the recipient
from the manufacturer and subsequently shipped
by the first foreign recipient to the importer.
``(II) Documentation of the quantity of
each lot of the prescription drug received by
the first foreign recipient demonstrating that
the quantity being imported into the United
States is not more than the quantity that was
received by the first foreign recipient.
``(III)(aa) In the case of an initial
imported shipment, documentation demonstrating
that each batch of the prescription drug in the
shipment was statistically sampled and tested
for authenticity and degradation.
``(bb) In the case of any subsequent
shipment, documentation demonstrating that a
statistically valid sample of the shipment was
tested for authenticity and degradation.
``(ii) In the case of a prescription drug that is
not shipped directly from the first foreign recipient
of the prescription drug from the manufacturer,
documentation demonstrating that each batch in each
shipment offered for importation into the United States
was statistically sampled and tested for authenticity
and degradation.
``(K) Certification from the importer or
manufacturer of the prescription drug that the
prescription drug--
``(i) is approved for marketing in the
United States and is not adulterated or
misbranded; and
``(ii) meets all labeling requirements
under this Act.
``(L) Laboratory records, including complete data
derived from all tests necessary to ensure that the
prescription drug is in compliance with established
specifications and standards.
``(M) Documentation demonstrating that the testing
required by subparagraphs (J) and (L) was conducted at
a qualifying laboratory.
``(N) Any other information that the Secretary
determines is necessary to ensure the protection of the
public health.
``(2) Maintenance by the secretary.--The Secretary shall
maintain information and documentation submitted under
paragraph (1) for such period of time as the Secretary
determines to be necessary.
``(e) Testing.--The regulations under subsection (b) shall
require--
``(1) that testing described in subparagraphs (J) and (L)
of subsection (d)(1) be conducted by the importer or by the
manufacturer of the prescription drug at a qualified
laboratory;
``(2) if the tests are conducted by the importer--
``(A) that information needed to--
``(i) authenticate the prescription drug
being tested; and
``(ii) confirm that the labeling of the
prescription drug complies with labeling
requirements under this Act;
be supplied by the manufacturer of the prescription
drug to the pharmacist or wholesaler; and
``(B) that the information supplied under
subparagraph (A) be kept in strict confidence and used
only for purposes of testing or otherwise complying
with this Act; and
``(3) may include such additional provisions as the
Secretary determines to be appropriate to provide for the
protection of trade secrets and commercial or financial
information that is privileged or confidential.
``(f) Registration of Foreign Sellers.--Any establishment within
Canada engaged in the distribution of a prescription drug that is
imported or offered for importation into the United States shall
register with the Secretary the name and place of business of the
establishment and the name of the United States agent for the
establishment.
``(g) Suspension of Importation.--The Secretary shall require that
importations of a specific prescription drug or importations by a
specific importer under subsection (b) be immediately suspended on
discovery of a pattern of importation of that specific prescription
drug or by that specific importer of drugs that are counterfeit or in
violation of any requirement under this section, until an investigation
is completed and the Secretary determines that the public is adequately
protected from counterfeit and violative prescription drugs being
imported under subsection (b).
``(h) Approved Labeling.--The manufacturer of a prescription drug
shall provide an importer written authorization for the importer to
use, at no cost, the approved labeling for the prescription drug.
``(i) Charitable Contributions.--Notwithstanding any other
provision of this section, section 801(d)(1) continues to apply to a
prescription drug that is donated or otherwise supplied at no charge by
the manufacturer of the drug to a charitable or humanitarian
organization (including the United Nations and affiliates) or to a
government of a foreign country.
``(j) Waiver Authority for Importation by Individuals.--
``(1) Declarations.--Congress declares that in the
enforcement against individuals of the prohibition of
importation of prescription drugs and devices, the Secretary
should--
``(A) focus enforcement on cases in which the
importation by an individual poses a significant threat
to public health; and
``(B) exercise discretion to permit individuals to
make such importations in circumstances in which--
``(i) the importation is clearly for
personal use; and
``(ii) the prescription drug or device
imported does not appear to present an
unreasonable risk to the individual.
``(2) Waiver authority.--
``(A) In general.--The Secretary may grant to
individuals, by regulation or on a case-by-case basis,
a waiver of the prohibition of importation of a
prescription drug or device or class of prescription
drugs or devices, under such conditions as the
Secretary determines to be appropriate.
``(B) Guidance on case-by-case waivers.--The
Secretary shall publish, and update as necessary,
guidance that accurately describes circumstances in
which the Secretary will consistently grant waivers on
a case-by-case basis under subparagraph (A), so that
individuals may know with the greatest practicable
degree of certainty whether a particular importation
for personal use will be permitted.
``(3) Drugs imported from canada.--In particular, the
Secretary shall by regulation grant individuals a waiver to
permit individuals to import into the United States a
prescription drug that--
``(A) is imported from a licensed pharmacy for
personal use by an individual, not for resale, in
quantities that do not exceed a 90-day supply;
``(B) is accompanied by a copy of a valid
prescription;
``(C) is imported from Canada, from a seller
registered with the Secretary;
``(D) is a prescription drug approved by the
Secretary under chapter V;
``(E) is in the form of a final finished dosage
that was manufactured in an establishment registered
under section 510; and
``(F) is imported under such other conditions as
the Secretary determines to be necessary to ensure
public safety.
``(k) Construction.--Nothing in this section limits the authority
of the Secretary relating to the importation of prescription drugs,
other than with respect to section 801(d)(1) as provided in this
section.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic
Act is amended--
( | Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements; (2) qualified laboratory drug testing; (3) registration with the Secretary of Canadian sellers; and (4) approved labeling.
Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat; and (2) exercise discretion to permit individuals to make such importation for non-risk personal use.
Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use; (2) accompanied by a valid prescription; (3) in a final finished dosage that was manufactured in a registered establishment; and (4) imported under such other conditions as the Secretary determines necessary to ensure public safety. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs."} | 2,530 | 242 | 0.557856 | 1.499049 | 0.788481 | 3.350649 | 10.212121 | 0.935065 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Congressional Oversight
Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 16, 2002, the Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law 107-
243) was enacted into law.
(2) On March 19, 2003, the President, pursuant to the
authorities provided to the President by Public Law 107-243,
committed United States Armed Forces to combat operations in
Iraq.
(3) On April 9, 2003, Saddam Hussein's Ba'athist regime
fell to Coalition Forces.
(4) On April 16, 2003, the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11) was enacted into
law, which included $2,500,000,000 for the relief and
reconstruction of Iraq.
(5) On May 12, 2003, the Coalition Provisional Authority
(CPA) subsumed the Organization for Reconstruction and
Humanitarian Assistance (ORHA), and citing United Nations
Security Council Resolution 1483 (2003) and the laws of war,
vested itself with executive, legislative, and judicial
authority over the Iraqi government until such time as the
Iraqi government gained its sovereignty.
(6) On November 6, 2003, the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106) was enacted
into law, which included an additional $18,400,000,000 for the
relief and reconstruction of Iraq.
(7) On June 28, 2004, the new Iraqi government gained its
sovereignty.
(8) On January 30, 2005, the Iraqi people successfully
elected their first interim National Assembly.
(9) On March 16, 2005, the 275-member interim Iraqi
National Assembly convened to appoint an interim national
government and to begin the drafting of a constitution.
(10) On September 18, 2005, the interim Iraqi National
Assembly completed negotiations on the draft constitution.
(11) On October 15, 2005, the Iraqi people approved the
draft constitution by a national referendum.
(12) On November 30, 2005, the President, through the
National Security Council, issued the National Strategy for
Victory in Iraq.
(13) On December 15, 2005, the people of Iraq voted to
elect the first permanent National Assembly in accordance with
the Constitution of the Republic of Iraq.
(14) On March 16, 2006, the newly-elected National Assembly
convened for their first session.
(15) On May 20, 2006, the Iraqi Prime Minister-designee
named a cabinet, except for the posts of Minister of Defense
and Minister of Interior, and the Prime Minister-designee and
the cabinet received a vote of confidence from the National
Assembly.
(16) On June 7, 2006, Iraq's National Assembly approved the
individuals that the Iraqi Prime Minister nominated for
Minister of Defense, Minister of Interior, and National
Security Advisor, completing the formation of Iraq's first
permanent democratic government.
SEC. 3. STATEMENTS OF POLICY.
Congress makes the following statements of policy:
(1) Congress remains supportive of and inspired by the
service and sacrifice made by and dedication and commitment to
a democratic, stable, and prosperous Iraq displayed by members
of the United States Armed Forces and civilian personnel in
Iraq and by personnel serving world-wide in support of
Operation Iraqi Freedom.
(2) Congress remains supportive of and inspired by the
service and sacrifice made by and dedication and commitment to
a democratic, stable, and prosperous Iraq displayed by the
military and civilian personnel of Coalition countries serving
in support of Operation Iraqi Freedom, and Iraqi patriots
working toward a better future for their country and the
children of Iraq.
(3) Congress recognizes the complex and interdependent
nature of the challenges associated with the political,
security, infrastructure, and economic development of and
governance capacity building at and between the national,
national capital city, regional, provincial, provincial capital
city, and strategic municipal levels of government within Iraq.
(4) Congress recognizes the achievements to date made by
the United States Armed Forces, Coalition Forces, Iraqi
Security Forces, and civilian personnel toward the political,
security, infrastructure, and economic development of Iraq.
(5) Congress recognizes the issuance of the President's
National Strategy for Victory in Iraq on November 30, 2005.
(6) Congress supports the formation of a democratic,
pluralistic, federal, and united Government of Iraq.
(7) Congress urges elected Iraqis to maintain their
commitment to and preserve a national unity government.
(8) Congress remains deeply concerned about insurgent
attacks and threats against United States Armed Forces,
Coalition Forces, Iraqi Security Forces, and civilians in Iraq.
(9) Congress is concerned about the increase of ethnic and
sectarian violence in Iraq following the February 22, 2006,
bombing of the Askariya mosque in Samarra, Iraq, and about
continued ethnic and sectarian tensions across Iraq and within
its cities.
(10) Congress is concerned about the increasing power that
unauthorized politically-aligned militias wield in Iraq, their
destabilizing effect on security in Iraq, and the challenges
they present to the development of professional Iraqi Security
Forces.
(11) Congress urges the Government of Iraq to continue to
pursue policies to promote the development of--
(A) a market-based economy in Iraq that increases
private-sector employment opportunities for Iraqi
workers;
(B) private-sector investment opportunities for
domestic and international investors; and
(C) a government budget process that reflects an
appropriate level of investment in the development of
and the continued operations and maintenance for Iraq's
national infrastructure.
(12) Congress notes that the National Strategy for Victory
in Iraq is not specific regarding vital measures or other
benchmarks in Iraq's political, security, infrastructure, and
economic development that need to be met to signal to Congress
and the American people that victory in Iraq has been achieved
and the majority of United States Armed Forces currently
deployed in Operation Iraqi Freedom can be redeployed to their
peacetime duty stations.
(13) Congress notes the findings of the reports pursuant to
the section entitled ``Measuring Stability and Security in
Iraq'' of House Conference Report 109-72 accompanying H.R.
1268, Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13), submitted by the Secretary of Defense (in consultation
with other appropriate members of the National Security
Council) to the Speaker of the House of Representatives, the
Majority Leader of the Senate, and the congressional defense
committees that identifies security, economic, and Iraqi
Security Force training performance standards and goals,
accompanied by a notional timetable for achieving these goals.
(14) Congress notes the report submitted pursuant to the
United States Policy in Iraq Act (section 1227 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163); 119 Stat. 3465-3467), and the current military mission
and the diplomatic, political, economic, and military measures
that are being or have been undertaken to successfully complete
or support that mission.
(15) Congress reaffirms the findings of the section
entitled ``Measuring Stability and Security in Iraq'' of House
Conference Report 109-72 and of section 1227 of the National
Defense Authorization Act for Fiscal Year 2006, and notes the
advantages of consolidating various reports into a single
report, from the President, that reflects the requirements of
both laws referenced in paragraphs (13) and (14) and that
includes the requirements of section 4 of this Act.
(16) Congress is concerned that the reports submitted to
Congress pursuant to the section entitled ``Measuring Stability
and Security in Iraq'' of House Conference Report 109-72 and of
section 1227 of the National Defense Authorization Act for
Fiscal Year 2006, do not provide sufficient content,
information, data, and analysis for Congress to comprehensively
evaluate the mission in Iraq.
(17) Congress urges that the reports transmitted pursuant
to section 4 of this Act be organized and written to provide
content, information, data, and analysis on the mission in Iraq
as it pertains to the political, security, infrastructure, and
economic development of and governance capacity building at and
between the national, national capital city, regional,
provincial, provincial capital city, and strategic municipal
levels of government within Iraq.
(18) It is the duty of Congress under Article I, Section 8
of the United States Constitution to ``raise and support
Armies,'' and that by requiring the President to report to
Congress on Operation Iraqi Freedom, Congress is better able to
carry out this constitutional duty.
SEC. 4. REPORT.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall, in accordance with, in support of,
and to more clearly define the National Strategy for Victory in Iraq,
transmit to Congress a report that--
(1) consolidates the requirements of the section entitled
``Measuring Stability and Security in Iraq'' of House
Conference Report 109-72 accompanying H.R. 1268, Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Tsunami Relief, 2005 (Public Law 109-13) and the
United States Policy in Iraq Act (section 1227 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163); 119 Stat. 3465-3467) by containing the information
required to be submitted to Congress pursuant to the
requirements of such provisions of law;
(2) identifies the specific or vital measures or other
benchmarks that define the terms of completion of and
conditions for victory for Operation Iraqi Freedom and their
correlation with the strategic objectives and lines of action
outlined in the appendix of the National Strategy for Victory
in Iraq;
(3) describes the nature and substance of the programs
implemented to achieve such strategic objectives and lines of
action; and
(4) analyzes using metrics the effectiveness of such
programs toward achieving the specific vital measures or other
benchmarks required to be identified by paragraph (2).
(b) Update.--
(1) In general.--The President shall transmit to Congress
an update of the report required by subsection (a) not less
than once every 120 days after the date on which the President
transmits the report required by such subsection until such
time as Operation Iraqi Freedom has been completed.
(2) Contents.--Each update of the report--
(A) may reflect adjustments to the specific or
vital measures or other benchmarks identified pursuant
to subsection (a)(2), or to the nature or substance of
the programs described in subsection (a)(3), as
realties, circumstances, and events in Iraq change or
evolve; and
(B) shall include detailed justifications as to why
adjustments to such specific or vital measures or other
benchmarks, or to the nature or substance of such
programs, were made.
(c) Additional Requirements.--The report required by subsection (a)
and updates of the report required by subsection (b) shall be--
(1) organized and written to provide content, data,
information, and analysis on the complex interdependent nature
of the challenges associated with the political, security,
infrastructure, and economic development of and governance
capacity building at and between the national, national capital
city, regional, provincial, provincial capital city, and
strategic municipal levels of government within Iraq; and
(2) accompanied by a comprehensive all-source intelligence
analysis of Iraq that includes information by and from the
national, national capital city, regional, provincial,
provincial capital city, and strategic municipal levels of
government within Iraq.
(d) Form.--The report required by subsection (a) and updates of the
report required by subsection (b) shall be transmitted in unclassified
form but may contain a classified annex. | Iraq Congressional Oversight Enhancement Act - Directs the President to transmit periodically to Congress a consolidated, comprehensive report on the implementation of the National Strategy for Victory in Iraq. | {"src": "billsum_train", "title": "To enhance congressional oversight by requiring the President to transmit periodically to Congress a consolidated, comprehensive report on the implementation of the National Strategy for Victory in Iraq."} | 2,530 | 41 | 0.500582 | 1.201174 | 0.676611 | 2.741935 | 79.741935 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Universal Product Number
Act of 1999''.
SEC. 2. UNIVERSAL PRODUCT NUMBERS ON CLAIMS FORMS FOR REIMBURSEMENT
UNDER THE MEDICARE PROGRAM.
(a) Accommodation of UPNs on Medicare Claims Forms.--Not later than
February 1, 2001, all claims forms developed or used by the Secretary
of Health and Human Services for reimbursement under the medicare
program under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) shall accommodate the use of universal product numbers for a UPN
covered item.
(b) Requirement for Payment of Claims.--Title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end
the following:
``use of universal product numbers
``Sec. 1897. (a) In General.--No payment shall be made under this
title for any claim for reimbursement for any UPN covered item unless
the claim contains the universal product number of the UPN covered
item.
``(b) Definitions.--In this section:
``(1) UPN covered item.--
``(A) In general.--Except as provided in
subparagraph (B), the term `UPN covered item' means--
``(i) a covered item as that term is
defined in section 1834(a)(13);
``(ii) an item described in paragraph (8)
or (9) of section 1861(s);
``(iii) an item described in paragraph (5)
of section 1861(s); and
``(iv) any other item for which payment is
made under this title that the Secretary
determines to be appropriate.
``(B) Exclusion.--The term `UPN covered item' does
not include a customized item for which payment is made
under this title.
``(2) Universal product number.--The term `universal
product number' means a number that is--
``(A) affixed by the manufacturer to each
individual UPN covered item that uniquely identifies
the item at each packaging level; and
``(B) based on commercially acceptable
identification standards such as, but not limited to,
standards established by the Uniform Code Council-
International Article Numbering System or the Health
Industry Business Communication Council.''.
(c) Development and Implementation of Procedures.--
(1) Information included in upn.--The Secretary of Health
and Human Services, in consultation with manufacturers and
entities with appropriate expertise, shall determine the
relevant descriptive information appropriate for inclusion in a
universal product number for a UPN covered item.
(2) Review of procedure.--From the information obtained by
the use of universal product numbers on claims for
reimbursement under the medicare program, the Secretary of
Health and Human Services, in consultation with interested
parties, shall periodically review the UPN covered items billed
under the Health Care Financing Administration Common Procedure
Coding System and adjust such coding system to ensure that
functionally equivalent UPN covered items are billed and
reimbursed under the same codes.
(d) Effective Date.--The amendment made by subsection (b) shall
apply to claims for reimbursement submitted on and after February 1,
2002.
SEC. 3. STUDY AND REPORTS TO CONGRESS.
(a) Study.--The Secretary of Health and Human Services shall
conduct a study on the results of the implementation of the provisions
in subsections (a) and (c) of section 2 and the amendment to the Social
Security Act in subsection (b) of that section.
(b) Reports.--
(1) Progress report.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Health and
Human Services shall submit a report to Congress that contains
a detailed description of the progress of the matters studied
pursuant to subsection (a).
(2) Implementation.--Not later than 18 months after the
date of enactment of this Act, and annually thereafter for 3
years, the Secretary of Health and Human Services shall submit
a report to Congress that contains a detailed description of
the results of the study conducted pursuant to subsection (a),
together with the Secretary's recommendations regarding the use
of universal product numbers and the use of data obtained from
the use of such numbers.
SEC. 4. DEFINITIONS.
In this Act:
(1) UPN covered item.--The term ``UPN covered item'' has
the meaning given such term in section 1897(b)(1) of the Social
Security Act (as added by section 2(b)).
(2) Universal product number.--The term ``universal product
number'' has the meaning given such term in section 1897(b)(2)
of the Social Security Act (as added by section 2(b)).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
The are authorized to be appropriated such sums as may be necessary
for the purpose of carrying out the provisions in subsections (a) and
(c) of section 2, section 3, and section 1897 of the Social Security
Act (as added by section 2(b)). | Amends SSA title XVIII to require any claim for reimbursement for any UPN covered item under Medicare to contain the UPN of the covered item in order for the claim to be paid.
Directs the Secretary of Health and Human Services to study and report periodically to the Congress on the implementation of this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Medicare Universal Product Number Act of 1999"} | 1,161 | 74 | 0.529351 | 1.226934 | 0.512394 | 3.096774 | 16.419355 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Assistants Continuity of
Care Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2006, approximately 286 million prescriptions were
written by physician assistants and more than 230 million
patient visits were made for physician assistant services. Such
services are particularly needed in communities that experience
health disparities, especially rural communities and
communities with high minority populations.
(2) Physician assistants furnish services in almost all
health care settings and in every medical and surgical
specialty, providing quality, cost-effective medical care. They
deliver a broad range of medical and surgical services to
diverse populations.
(3) All 50 States, the District of Columbia, and Guam
regulate physician assistant services so as to permit physician
assistants to practice medicine subject to the oversight of
physicians and to have the authority to write prescriptions
subject to such oversight.
(4) In 1997, the Balanced Budget Act of 1997 amended the
Medicare program to extend coverage for medical services
provided by physician assistants, as permitted under applicable
State law, thus providing for a uniform rate of reimbursement
for certain services furnished by physician assistants who work
in health care practice settings subject to the oversight of a
physician.
(5) Physician assistants and physicians work together as a
team. However, supervising physicians need not be physically
present when physician assistants provide medical care. In
medically underserved communities, a physician assistant may be
the only onsite health care professional accessible during the
time when a patient needs immediate care. Health care furnished
by physician assistants is therefore critical to providing
medical care for the most vulnerable and at-risk populations in
the United States.
(6) In some rural areas, physician assistants are the only
providers of care immediately available. However, Medicare
beneficiaries have faced delays of weeks in receiving hospice
care because care delivered by physician assistants may not be
reimbursed under the Medicare program.
(7) Some critical access hospitals have reported difficulty
with discharge planning because the Medicare program does not
provide reimbursement for services related to skilled nursing
facility orders or home health orders that have been signed by
a physician assistant.
(8) The continuity of care of a terminally ill Medicare
beneficiary may be interrupted because a physician assistant
may not be reimbursed under the Medicare program for furnishing
such beneficiary with certain services, such as hospice care,
even though a physician assistant may have been such
beneficiary's primary health care provider prior to the
diagnosis of the terminal illness. Such break downs in the
continuity of care of Medicare beneficiaries may cause
additional costs for the Medicare program.
SEC. 3. PERMITTING PHYSICIAN ASSISTANTS WHEN DELEGATED BY A PHYSICIAN
TO ORDER OR PROVIDE POST-HOSPITAL EXTENDED CARE SERVICES,
HOME HEALTH SERVICES, AND HOSPICE CARE UNDER THE MEDICARE
PROGRAM.
(a) Post-Hospital Extended Care Services.--Section 1814(a)(2) of
the Social Security Act (42 U.S.C. 1395f(a)(2)) is amended, in the
matter before subparagraph (A)--
(1) by inserting ``or a physician assistant as delegated by
a physician'' after ``a physician'' the first place it appears;
and
(2) by inserting ``a physician assistant as delegated by a
physician,'' after ``a physician,'' the second place it
appears.
(b) Home Health Services.--
(1) Under part a.--Section 1814(a)(2)(C) of such Act (42
U.S.C. 1395f(a)(2)(C)) is amended--
(A) by inserting ``by a physician or by a physician
assistant as delegated by a physician,'' after
``established''; and
(B) by inserting ``or a physician assistant as
delegated by a physician'' after ``a physician'' each
place it appears.
(2) Under part b.--Section 1835(a)(2) of such Act (42
U.S.C. 1395n(a)(2)) is amended--
(A) in the matter before subparagraph (A), by
inserting ``or a physician assistant as delegated by a
physician,'' after ``a physician''; and
(B) in each of clauses (ii) and (iii) of
subparagraph (A)(ii), by inserting ``or a physician
assistant as delegated by a physician'' after ``a
physician''.
(c) Hospice Care.--
(1) Certification of terminal illness.--Section
1814(a)(7)(A) of such Act is (42 U.S.C. 1395f(a)(7)(A)) is
amended--
(A) in clause (i)(I), by inserting ``or a physician
assistant as delegated by such attending physician''
after ``nurse practitioner)''; and
(B) in clause (ii), by inserting ``or physician
assistant'' after ``physician''.
(2) Including professional services of physician
assistant.--Section 1861(dd)(1)(F) of such Act (42 U.S.C.
1395x(dd)(1)(F)) is amended by inserting after ``physicians'
services'' the following: ``and services which would be
physicians' services if furnished by a physician (as defined in
subsection (r)(1)) and which are performed by a physician
assistant under the supervision of a physician (as so defined)
and which the physician assistant is legally authorized to
perform in the State in which the services are performed''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007. | Physician Assistants Continuity of Care Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to permit a physician assistant, when delegated by a physician, to: (1) certify that inpatient psychiatric hospital services or post-hospital extended care services are required; (2) establish and review a plan for home health services; and (3) certify a terminal illness with respect to hospice care.
Covers as hospice care any legally authorized services of a physician assistant performed under a physician's supervision. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to permit a physician assistant, when delegated by a physician, to order or provide post-hospital extended care services, home health services, and hospice care under the Medicare Program."} | 1,307 | 122 | 0.508182 | 1.296957 | 0.587796 | 2.33 | 11.1 | 0.87 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Consumer
Automobile Lease Advertising Act of 1998''.
(b) Reference.--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 the Consumer Credit Protection Act.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) There has been a continuing trend toward leasing of
automobiles by consumers as an alternative to installment
credit sales, with automobile leases now constituting over one-
third of all new automobile transactions.
(2) Current automobile leasing practices do not provide
consumers with consistent or adequate information to permit
comparison shopping among lease offerings. Important
information about lease costs and terms are not available until
the consumer visits an automobile dealership, are typically
provided only as part of lease negotiations, and often are not
fully disclosed until the signing of the lease documents.
(3) Automobile lease advertisements tend to confuse and
mislead consumers by highlighting the most attractive terms of
leases, by minimizing or omitting additional costs, terms or
penalties, and by advertising monthly payment amounts based on
lease terms that are different from those customarily offered
to or selected by consumers.
(4) With leases accounting for a large and growing
percentage of all new automobile transactions, there is
increasing need for automobile manufacturers, automobile
dealers and other firms involved in leasing to provide more
relevant and easily understood information in advertising and
in writing at the auto dealership to permit consumers to
evaluate intelligently the attractiveness of leases offered by
an automobile dealership, to compare terms of leases offered
and advertised by competing dealerships, and to compare the
benefits of automobile leases with alternative purchase
transactions.
(b) Purpose.--The purpose of the amendments made by this Act is to
simplify and standardize automobile lease advertising in order to
provide consumers with more relevant and easily understood information
regarding the terms and costs of lease offerings earlier in the leasing
process to permit consumers to compare lease and purchase options and
to comparison shop among competing lease opportunities.
SEC. 3. APPLICABLE CONSUMER LEASES.
Section 181(1) of the Consumer Credit Protection Act (15 U.S.C.
1667(1)) is amended--
(1) by striking ``$25,000'' and inserting ``$50,000''; and
(2) by adding at the end of the following: ``The limit on
the contractual obligation which comes within such term shall
be adjusted annually based upon the change reported in the
Consumer Price Index by the Department of Labor in June of the
preceding year.''.
SEC. 4. GENERAL LEASE ADVERTISING.
(a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(3) by adding at the end the following:
``(2) Information required to be disclosed under paragraph
(1) shall be in the same language that principally is used in
the advertisement.
``(3) Identification in a television advertisement of the
advertised transaction as a lease, as required by paragraph
(1)(A), shall be included in both the audio and video portions
of the television advertisement.
``(4) The requirements of this subsection shall apply to
all aspects of advertising, including television, radio and
videotaped advertisements, print advertisements in
publications, newsletters and fliers, advertisements on
computer programs and on the internet, and advertisements by
toll-free telephone numbers.''.
(b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is
amended by striking ``subsection (a)'' each time it occurs and
inserting ``subsection (a)(1)'' and in paragraph (1) by striking
``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''.
SEC. 5. ALTERNATIVE LEASE DISCLOSURES.
Section 184(c) (15 U.S.C. 1667c(C)) is amended--
(1) by striking ``Radio'' in the subsection heading and
inserting ``Broadcast'';
(2) by striking ``radio broadcast'' each place it occurs
and inserting ``radio or television broadcast'';
(3) in paragraph (1)(A), by striking ``paragraphs (1) and
(2)'' and inserting ``subparagraphs (A), (B), and (F) of
subsection (a)(1)'';
(4) in paragraph (2)(A)(iii), by striking ``provide the''
and inserting the following: ``provide a recorded message which
provides, in a uniform manner and in a form which is easily
understood and capable of being repeated, the'';
(5) in paragraph (2)(A), 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 after clause (iii) the
following:
``(iv) exclude from the information provided by
such toll-free telephone all marketing and sales
promotional information.''; and
(6) by amending paragraph (2)(B) to read as follows:
``(B) Written information.--A toll-free number
established in accordance with subparagraph (A) shall
include an option that permits consumers to request the
information required to be provided under subparagraph
(A)(iii) in written form and by mail.''.
SEC. 6. ADVERTISEMENT FOR AUTOMOBILE LEASE.
Section 184 (15 U.S.C. 1667c) is amended by adding at the end the
following:
``(d) Advertisement for Automobile Lease.--
``(1) Certain practices prohibited.--No advertisement to
promote or assist, directly or indirectly, any lease for an
automobile shall--
``(A) state that no downpayment is required on the
lease when the lessor requires a capitalized cost
reduction payment, acquisition fee, vehicle trade-in or
other significant payment upon initiation of the lease,
except that payment of the first monthly payment on the
lease and any refundable deposit shall not be
considered a downpayment; and
``(B) include the amount of any monthly or periodic
payment, downpayment, lease term, interest rate, or
other terms of leases that the lessor--
``(i) does not routinely or customarily
offer or make available to customers, or does
not intend to make available generally to
customers as part of any offer or promotion,
for vehicles of the same make, model and year
as the vehicle advertised; or
``(ii) makes available only to selected
customers or to customers with preferred credit
ratings.
``(2) Lease payment amounts.--
``(A) An advertisement to promote a lease for an
automobile that states a lease payment amount, or must
state a lease payment amount under subsection
(a)(1)(D), shall calculate such payment amount on the
basis of a lease payment formula which the Board shall
set forth in regulation and which shall be based on the
following information--
``(i) the total capitalized cost of the
vehicle model advertised which shall not be
reduced or adjusted by any down payment amount,
capitalized cost reduction, vehicle trade-in
amount or other required payment;
``(ii) a lease term of twenty-four (24)
months; and
``(iii) a mileage allowance of 24,000
miles, or 12,000 miles for each year of the
lease term, before any excess mileage charge
may be imposed.
``(B) An advertisement to promote a lease for
personal use of an automobile that states a lease
payment amount for a vehicle model as provided under
subparagraph (A) shall state clearly and conspicuously
that the stated lease payment amount applies to a
consumer lease with a term of twenty-four (24) months,
with no downpayment or trade-in amount and with an
annual mileage allowance of 12,000 miles.
``(C) An advertisement to promote a lease for an
automobile that states a lease payment for a vehicle
model as provided under subparagraph (A) may state a
lease payment amount for the same vehicle model that is
different than that required to be stated under
subparagraph (A): Provided, however, That--
``(i) the lease payment amount is not
presented more prominently than the lease
payment amount required to be stated under subparagraph (A); and
``(ii) the advertisement clearly and
conspicuously identifies the lease terms or
payment amounts that explain the difference
between the lease payment amount and the
payment amount required to be stated under
subparagraph (A).''.
SEC. 7. AVAILABILITY OF WRITTEN INFORMATION.
Section 184 (15 U.S.C. 1667c), as amended by section 6, is amended
by adding at the end the following:
``(e) Availability of Written Information.--
``(1) Advertised leases.--In connection with any
advertisement by an automobile dealer to promote or assist a
consumer lease for an automobile that includes a lease payment
amount, as provided in subsection (d)(2), or any national or
regional advertisement to promote an automobile lease or
vehicle promotion that includes a lease payment amount and that
the dealer participates in and offers to consumers, such dealer
shall--
``(A) provide separately for each automobile which
is promoted in such advertisement or promotion a
statement that is dated and typed or set in type and
that sets out accurately and in a clear and conspicuous
manner a summary of the relevant payment amounts and
other terms applicable to the advertised lease or
vehicle promotion that shall include--
``(i) a description of the vehicle model
advertised, including any accessory or option;
``(ii) a statement of the charges, fees and
payments to be included in the capitalized cost
of the vehicle model advertised, and the total
capitalized cost of the vehicle model;
``(iii) the total number of scheduled lease
payments;
``(iv) the information used to calculate
any advertised monthly lease payment amount,
which shall include fees or charges not
included in the vehicle capitalized cost,
interest charges and vehicle residual value;
and
``(v) the total amount due at lease
inception, including all charges or fees to be
paid at or before lease signing and upon
delivery of the leased automobile; and
``(B) make such statement available for review by
the public by--
``(i) placing such statement in a
conspicuous and prominent location in the
dealership; and
``(ii) providing a copy of such statement
to any customer who requests it.
``(2) Customer incentives.--An automobile dealer engaged in
automobile leasing shall make available to the public in a
conspicuous and prominent location in the dealership a
statement that is dated and that sets out clearly and
accurately for each vehicle model offered by the dealer, as
applicable, the incentives, special offers or promotions
available for the benefit of consumers in conjunction with
consumer lease, purchase and installment credit transactions,
that shall include--
``(A) special interest rates that are offered by
automobile manufacturers, financial institutions and
leasing companies;
``(B) special incentives, including cash rebates
and vehicle residual percentages that are offered by
automobile manufacturers directly to consumers; and
``(C) special incentives and lease terms, including
vehicle discounts, residual value percentages and other
vehicle promotions that are offered to consumers by the
dealer.''.
SEC. 8. DEFINITIONS.
Section 184 (15 U.S.C. 1667c), as amended by sections 6 and 7, is
further amended by adding at the end the following:
``(f) Clearly and Conspicuously.--
``(1) In general.--For purposes of this section, the term
`clearly and conspicuously' means--
``(A) in print advertisements, the required
disclosures and explanations of lease terms shall
appear in type size, shade, contract, prominence, and
location as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(B) in the video portion of television or
videotaped advertisements, the required disclosures
shall appear on the screen in a type size, shade,
contrast, prominence, and location and for a duration
as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(C) in the audio portion of television,
videotaped, and radio advertisements, the required
disclosures shall be delivered in a volume, cadence,
and location and for a duration as to be readily
noticeable, hearable, and comprehensible to an ordinary
consumer; and
``(D) in advertisements on the internet, the
required disclosures shall appear in a type, size,
shade, contract, prominence, and location as to be
readily readable and comprehensible to users and shall
be separated from marketing and promotional information
and easily accessible under the label or heading
`Important Information for Consumers'.
``(2) Limitation.--Nothing contrary to, inconsistent with,
or in mitigation of, the required disclosures shall be used in
any advertisement in any medium and no audio, video, or print
technique shall be used that is likely to obscure or detract
significantly from the communications of the disclosures.''
SEC. 9. ADMINISTRATIVE ENFORCEMENT.
Chapter 5 of the Consumer Credit Protection Act is further amended
by adding the following new section:
``Sec. 187. Administrative Enforcement
``Compliance with section 184 of this Chapter shall be enforced by
the Federal Trade Commission, except to the extent that enforcement of
the requirements imposed under such section is specifically committed
to another agency under section 108(a) of this title. For purposes of
the exercise by the Commission of its functions and powers under the
Federal Trade Commission Act, a violation of section 184 shall be
deemed an unfair or deceptive act or practice in violation of that Act.
All of the functions of and powers of the Commission under the Federal
Trade Commission Act are available to the Commission to enforce
compliance by any person with such section, irrespective of whether
that person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act, including the power to
enforce the provisions of such section in the same manner as if the
violation had been a violation of a Federal Trade Commission trade
regulation rule.''
SEC. 10. CIVIL LIABILITY.
Section 130(a)(2) of the Truth in Lending Act (15 U.S.C. 1640) is
amended by striking ``or'' at the end of subparagraph (A), by inserting
``or'' at the end of subparagraph (B), and by adding after subparagraph
(B) the following:
``(C) in the case of calculating the total civil liability
for violation of any requirement of chapter 5, the liability
under this subparagraph shall not be greater than $10,000;''.
SEC. 11. REGULATIONS.
The Federal Reserve Board, not later than 6 months after the date
of the enactment of this Act, shall issue regulations to implement the
amendments made by this Act. The Board shall also issue regulations,
together with staff commentary if appropriate, to update and clarify
the requirements and definitions for lease disclosures and any other
issue relating to consumer leasing to carry out the intent of the
amendments made by this Act, to implement any initiative to prevent the
circumvention of the amendments made by this Act, and to facilitate
compliance with the requirements in the amendments. | Consumer Automobile Lease Advertising Act of 1998 - Amends the Consumer Credit Protection Act to increase from $25,000 to $50,000 the maximum amount of a contractual obligation of a consumer lease to which the Act applies.
Mandates annual adjustment of such limit based upon changes reported in the Consumer Price Index by the Department of Labor.
Prescribes additional lease advertising disclosure requirements for advertising media, including radio and television broadcasting and toll-free telephones.
Prohibits specified automobile lease advertising practices, including: (1) statements that no downpayment is required when the lessor actually requires certain payments upon lease initiation; and (2) lease terms that are available only to selected customers.
Mandates that: (1) advertised lease payment amounts for automobiles be calculated on the basis of a formula prescribed by the Board of Governors of the Federal Reserve System (Board), and be accompanied by specified time and mileage disclosures; and (2) automobile dealerships place additional disclosures within a prominent location in the dealership.
Empowers the Federal Trade Commission to enforce this Act.
Amends the Truth in Lending Act to set forth a maximum civil penalty for noncompliance with such Act. | {"src": "billsum_train", "title": "Consumer Automobile Lease Advertising Act of 1998"} | 3,459 | 245 | 0.560024 | 1.771719 | 0.660442 | 2.358744 | 14.650224 | 0.869955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Administration
Franchise Loan Transparency Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Franchise businesses represent a large and growing
segment of the retail and service businesses of the United
States and are rapidly replacing more traditional forms of
small business ownership in the economy of the United States.
(2) The Small Business Administration (SBA) guarantees much
of the financing available in franchising.
(3) The SBA requires pro forma projections, including
projected revenue, for the first year of operations of a
franchise as part of the standard operating requirements for a
franchisee to qualify for financing.
(4) On July 13, 2011, the SBA Office of Inspector General
published an audit (Report No. 11-16) on loans made under
section 7(a) of the Small Business Act to Huntington Learning
Center franchises where first year revenue projections were all
significantly inflated.
(5) On July 2, 2013, the SBA Office of Inspector General
published an audit evaluation (Report No. 13-17) showing that
the SBA needed to improve the management of its 7(a) loan
portfolio risk, specifically with certain franchise brands that
had exceptionally high default rates that continued to receive
guaranteed loans from the SBA.
(6) In September 2013, the Government Accountability Office
published a study (GAO-13-759) showing that over the 10-year
period from 2003 to 2012, 28 percent of 7(a) loans to
franchises required a guarantee payment. The study was based on
32,323 loans totaling $10.6 billion, which required $1.5
billion in guarantee payments. The report specifically stated,
``Potential franchisees should include first-year revenue
estimates in their SBA loan applications. However, this
information is not necessarily available to potential
franchisees in the franchise organization's disclosure
document.''.
(7) Franchise companies most often collect royalties based
on gross revenue; therefore, revenue data on each franchise
outlet are readily available.
(8) While both the franchisor and the lender profit as a
result of the SBA financing, only the franchisee bears the
total liability for the loan.
(b) Purpose.--It is the purpose of this Act to--
(1) ensure transparency in the loan processes of the Small
Business Administration, so that the franchisee borrower, the
lender, and the Administration all have access to information
that is key to the lending process;
(2) remove any hidden discussions between the franchisor
and the lender on financial data critical to the loan approval
process;
(3) lower the fees and rates charged to franchisee
borrowers; and
(4) help ensure lower default rates in order to make more
money available for loans.
SEC. 3. REQUIRED DISCLOSURES.
(a) In General.--A franchisor, except for a franchisor of a
franchise in the lodging industry, shall disclose in the required
Federal Trade Commission disclosure document, the following:
(1) The average first-year revenue of each specific
location of the franchise for each of the preceding five years
of operation.
(2) The number of franchise locations that went out of
business or were sold by the franchisee during the first year
of operation for each of the preceding five years.
(3) Average revenues for all locations of the franchise for
each of the preceding five years of operation, aggregated to
show the top 25 percent, middle 50 percent, and the bottom 25
percent of revenue.
(b) Disclosure to Prospective Franchisee.--Any financial
information relating to the performance of any location of a franchise
that is provided by the franchisor, or its representatives, to the
lender for the purpose of qualifying the loan, shall be disclosed to
the prospective franchisee borrower.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``disclosure document'' means the disclosure
statement required by the Federal Trade Commission in Trade
Regulation Rule 436 (16 Fed. Reg. 436).
(2) The terms ``franchise'', ``franchisee'', and
``franchisor'' have the meanings given such terms in section
436.1 of title 16 of the Code of Federal Regulations as in
effect on July 1, 2007.
SEC. 5. SEVERABILITY.
If any provision of this Act or any application of this Act to any
person or circumstance is held invalid, the remainder of this Act and
its application to any person or circumstance shall not be affected
thereby. | Small Business Administration Franchise Loan Transparency Act of 2015 This bill requires a franchisor, except one with a franchise in the lodging industry, to disclose in the required Federal Trade Commission disclosure document: the average first-year revenue of each specific location of the franchise for each of the preceding five years of operation; the number of franchise locations that went out of business or were sold by the franchisee during the first year of operation for each such period; and the average revenues for all locations of the franchise for each such period, aggregated to show the top 25%, middle 50%, and the bottom 25% of revenue. Any financial information relating to the performance of any franchise's location provided by the franchisor, or its representatives, to the lender for the purpose of qualifying the loan, must be disclosed to the prospective franchisee borrower. | {"src": "billsum_train", "title": "Small Business Administration Franchise Loan Transparency Act of 2015"} | 976 | 175 | 0.54233 | 1.737833 | 0.775909 | 6.02439 | 5.786585 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Reclaimed Water Act for
the 21st Century''.
SEC. 2. COORDINATION OF PROJECTS AND PROGRAMS.
Section 1602 of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h) is amended by adding at the end the
following:
``(e) Coordination With CALFED Bay-Delta Program.--
``(1) In general.--The Secretary shall coordinate projects
under this title with projects and programs under the CALFED
Bay-Delta Program referred to in the California Bay-Delta
Environmental Enhancement and Water Security Act (division E of
Public Law 104-208; 110 Stat. 3009-748).
``(2) Federal expenditures.--The Secretary shall take into
account Federal expenditures under this title in making
determinations under the CALFED Bay-Delta Program relating to
the equitable implementation of ecosystem restoration and water
management.
``(f) Compliance With National Environmental Policy Act of 1969.--
Each project under this title shall be carried out in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
SEC. 3. AUTHORIZATIONS.
The Reclamation Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h et seq.) is amended--
(1) by inserting after section 1601 the following:
``Subtitle A--Specific Projects'';
(2) by redesignating sections 1631, 1632, 1633, and 1634
(43 U.S.C. 390h-13, 390h-14, 390h-15, 390h-16) as sections
1640, 1671, 1672, and 1631, respectively;
(3) by moving section 1631 (as redesignated by paragraph
(2)) to follow section 1630;
(4) by inserting before section 1671 (as redesignated by
paragraph (2)) the following:
``Subtitle B--Studies and Research'';
(5) by inserting after section 1631 (as redesignated by
paragraph (2)) the following:
``SEC. 1632. CASTAIC LAKE WATER AGENCY RECLAIMED WATER PROJECT.
``(a) In General.--The Secretary, in cooperation with the Castaic
Lake Water Agency, California, may participate in the design, planning,
and construction of the Castaic Lake Water Agency reclaimed water
project, California, to reclaim and reuse wastewater within and outside
the service area of the Castaic Lake Water Agency for ecosystem
restoration, irrigation, recreational, industrial, and other public
purposes.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``SEC. 1633. CLEAR LAKE BASIN WATER REUSE PROJECT.
``(a) In General.--The Secretary, in cooperation with Lake County,
California, may participate in the design, planning, and construction
of the Clear Lake Basin water reuse project to obtain, store, and use
reclaimed wastewater in Lake County for ecosystem restoration,
irrigation, recreational, industrial, and other public purposes.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $9,000,000.
``SEC. 1634. SAN RAMON VALLEY RECYCLED WATER PROJECT.
``(a) In General.--The Secretary may provide design and
construction assistance for the East Bay Municipal Utility District/
Dublin San Ramon Services District advanced wastewater reuse treatment
project, California, for use for ecosystem restoration, irrigation,
recreational, industrial, and other public purposes.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the Inland
Empire Utilities Agency, may participate in the design, planning, and
construction of the Inland Empire regional project described in the
report submitted under section 1606 to recycle water for ecosystem
restoration, irrigation, recreational, industrial, and other public
purposes.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``SEC. 1636. SAN PABLO BAYLANDS WATER REUSE PROJECTS.
``(a) In General.--The Secretary, in cooperation with Sonoma, Napa,
Marin, and Solano Counties, California, may participate in the design,
planning, and construction of water reuse projects, to be known
collectively as the `San Pablo Baylands water reuse projects', to
obtain, store, and use reclaimed wastewater for ecosystem restoration,
irrigation, recreational, industrial, and other public purposes.
``(b) Cost Sharing.--The Federal share of the cost of a project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``SEC. 1637. CALIFORNIA WATER RECYCLING PROGRAM.
``(a) In General.--The Secretary may provide assistance to the
State of California in carrying out projects that receive funding under
chapter 7, article 4, of the Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Act of the State of
California to recycle water for ecosystem restoration, irrigation,
recreational, industrial, and other public purposes.
``(b) Agreements.--The Secretary may enter into such agreements as
are necessary to carry out this section.
``(c) Cost Sharing.--The Federal share of the cost of a project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).
``(e) Authorization of Appropriations.--Upon approval of the Act
referred to in subsection (a), there is authorized to be appropriated
to carry out this section $50,000,000.
``SEC. 1638. REGIONAL BRINE LINES.
``(a) In General.--
``(1) Southern california.--The Secretary, in cooperation
with units of local government, may carry out a program under
the Federal reclamation laws to assist agencies in projects to
construct regional brine lines to export the salinity imported
from the Colorado River to the Pacific Ocean as identified in--
``(A) the Salinity Management Study prepared by the
Bureau of Reclamation; and
``(B) the Southern California Comprehensive Water
Reclamation and Reuse Study prepared by the Bureau of
Reclamation.
``(2) San francisco bay and santa clara valley.--The
Secretary may carry out a study of, and a program under the
Federal reclamation laws to assist water agencies in, projects
to construct regional brine lines in the San Francisco Bay area
and the Santa Clara Valley area, California.
``(b) Agreements and Regulations.--The Secretary may enter into
such agreements and promulgate such regulations as are necessary to
carry out this section.
``(c) Cost Sharing.--
``(1) Projects.--The Federal share of the cost of a project
to construct regional brine lines described in subsection (a)
shall not exceed--
``(A) 25 percent of the total cost of the project;
or
``(B) $50,000,000.
``(2) Study.--The Federal share of the cost of the study
described in subsection (a)(2) shall be 50 percent.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``SEC. 1639. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, the Western
Municipal Water District, and the Santa Ana Watershed Project Authority
and acting under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy Area
desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $50,000,000.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.'';
and
(6) by inserting after section 1672 (as redesignated by
paragraph (2)) the following:
``SEC. 1673. RESEARCH CONCERNING WATER REUSE.
``(a) In General.--The Secretary, in cooperation with the WateReuse
Foundation, shall develop and carry out a program to conduct research
concerning water reuse in relation to--
``(1) public health;
``(2) water quality;
``(3) new technology and techniques;
``(4) salt management;
``(5) economics;
``(6) ecosystem restoration; and
``(7) other important matters.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2001 through 2005, to remain available until expended.''.
SEC. 4. WEST BASIN COMPREHENSIVE DESALINATION DEMONSTRATION PROGRAM.
Section 1605 of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h-3) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) West Basin Comprehensive Desalination Demonstration
Program.--
``(1) In general.--The Secretary, in cooperation with the
West Basin Municipal Water District, shall participate in the
planning, design, and construction of the components of the
West Basin Comprehensive Desalination Demonstration Program in
Los Angeles County, California.
``(2) Federal share.--The Federal share of the cost of the
project described in paragraph (1) shall not exceed 50 percent
of the total.
``(3) Limitation.--The Secretary shall not provide funds
for the operation or maintenance of the components described in
paragraph (1).''.
SEC. 5. PROJECT MODIFICATIONS.
(a) Los Angeles Area.--Section 1613 of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C. 390h-11) is amended
by striking subsection (b) and inserting the following:
``(b) Water Recycling Project.--
``(1) In general.--The Secretary may participate in the
design, planning, and construction of a water recycling
project, to be known as the `City of Los Angeles Water
Recycling Program', to reclaim and reuse wastewater within the
city of Los Angeles and surrounding area for ecosystem
restoration, irrigation, recreational, industrial, and other
public purposes.
``(2) Components.--The water recycling project shall
consist of--
``(A) the central city project, a multiphase
project that may provide up to 4,000 acre-feet per year
of recycled water for ecosystem restoration and for
industrial, commercial, and irrigation customers near
downtown Los Angeles; and
``(B) the harbor water recycling project, a
multiphase project that may provide up to 25,000 acre-
feet per year of recycled water to the Los Angeles
Harbor area.
``(c) Cost Sharing.--
``(1) In general.--The Federal share of the cost of the
projects described in subsections (a) and (b) shall not exceed
25 percent of the total cost of the projects.
``(2) Maximum federal share.--The Federal share with
respect to the water recycling project described in subsection
(b) shall not exceed $12,000,000.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a) or (b).''.
(b) San Gabriel Basin.--Section 1640(d) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) (as redesignated by section 3(a)(2)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2), by inserting ``(other than section
1614)'' after ``this title''; and
(3) by adding at the end the following:
``(3) San gabriel basin.--In the case of the project
authorized by section 1614, the Federal share of the cost of
the project shall not exceed $50,500,000.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The Reclamation Wastewater and Groundwater Study and Facilities
Act is amended--
(1) in section 1640 (43 U.S.C. 390h-13) (as redesignated by
section 3(a)(2))--
(A) in subsection (a), by striking ``1630'' and
inserting ``1632''; and
(B) in subsection (d)(1), by inserting ``(other
than sections 1634, 1636, 1637, 1638, and 1639)'' after
``authorized by this title'';
(2) in section 1671(c) (43 U.S.C. 390h-14(c)) (as
redesignated by section 3(a)(2)), by striking ``section 1633''
and inserting ``section 1672''; and
(3) in section 1672 (43 U.S.C. 390h-15) (as redesignated by
section 3(a)(2))--
(A) in the section heading, by inserting ``for
groundwater study'' before the period; and
(B) by striking ``section 1632'' and inserting
``section 1671''.
(b) The table of contents in section 2 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371; Public
Law 102-575) is amended--
(1) by inserting after the item relating to section 1601
the following:
``Subtitle A--Specific Projects'';
and
(2) by striking the items relating to sections 1631 through
1634 and inserting the following:
``Sec. 1631. Willow Lake Natural Treatment System Project.
``Sec. 1632. Castaic Lake Water Agency reclaimed water project.
``Sec. 1633. Clear Lake Basin water reuse project.
``Sec. 1634. San Ramon Valley recycled water project.
``Sec. 1635. Inland Empire regional water recycling project.
``Sec. 1636. San Pablo Baylands water reuse projects.
``Sec. 1637. California water recycling program.
``Sec. 1638. Regional brine lines.
``Sec. 1639. Lower Chino Dairy Area desalination demonstration and
reclamation project.
``Sec. 1640. Authorization of appropriations.
``Subtitle B--Studies and Research
``Sec. 1671. Groundwater study.
``Sec. 1672. Authorization of appropriations for groundwater study.
``Sec. 1673. Research concerning water reuse.''. | Authorizes the Secretary to: (1) participate in the design, planning, and construction of the Castaic Lake Water Agency reclaimed water project, the Clear Lake Basin water reuse project, the Inland Empire regional water recycling project, the San Pablo Baylands water reuse projects, the Lower Chino Area desalination demonstration and reclamation project, the West Basin Comprehensive Desalination Demonstration Program in Los Angeles County, and the City of Los Angeles Water Recycling Program (replaces existing provisions authorizing the Secretary's participation in the Los Angeles area water reclamation and reuse project); (2) provide design and construction assistance for the East Bay Municipal Utility District/Dublin San Ramon Services District advanced wastewater reuse treatment project; (3) provide assistance to California in carrying out projects under the California water recycling program; and (4) carry out programs to assist agencies in projects to construct regional brine lines in the San Francisco Bay and Santa Clara Valley areas and to export the salinity imported from the Colorado River to the Pacific Ocean.
Directs the Secretary to carry out a program in cooperation with the Water Reuse Foundation to conduct research concerning water reuse in relation to public health, water quality, new technology, salt management, economics, and ecosystem restoration.
Adds a separate Federal cost share limitation with respect to the San Gabriel Basin demonstration project. | {"src": "billsum_train", "title": "California Reclaimed Water Act for the 21st Century"} | 4,007 | 284 | 0.523191 | 1.601665 | 0.621786 | 4.159363 | 13.609562 | 0.948207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon Predation
Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 that migrate through the lower
Columbia River.
(2) The people of the Northwest United States are united in
their desire to restore healthy salmon and steelhead runs, as
they are integral to the region's culture and economy.
(3) The Columbia River treaty tribes retain important
rights with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of Columbia River
salmon and steelhead populations.
(5) One of the factors impacting salmonid populations is
increased predation by marine mammals, including California sea
lions.
(6) The population of California sea lions has increased 6-
fold over the last 3 decades, and is currently greater than
300,000.
(7) In recent years, over 1,000 California sea lions have
been entering the lower 205 miles of the Columbia River up to
Miller Island during the peak spring salmonid run before
returning to the California coast to mate.
(8) The percentage of the spring salmonid run that has been
eaten or killed by California sea lions at Bonneville dam has
increased 7-fold since 2002.
(9) In recent years, California sea lions have with greater
frequency congregated near Bonneville dam and have entered the
fish ladders.
(10) Some of these California sea lions have not been
responsive to extensive hazing methods employed near Bonneville
dam to discourage this behavior.
(11) The process established under the 1994 amendment to
the Marine Mammal Protection Act of 1972 to address aggressive
sea lion behavior is protracted and will not work in a timely
enough manner to protect threatened and endangered salmonids in
the near term.
(12) In the interest of protecting Columbia River
threatened and endangered salmonids, a temporary expedited
procedure is urgently needed to allow removal of the minimum
number of California sea lions as is necessary to protect the
passage of threatened and endangered salmonids in the Columbia
River or its tributaries.
(13) On December 21, 2010, the independent Pinniped-Fishery
Interaction Task Force recommended lethally removing more of
the California sea lions in 2011.
SEC. 3. TAKING OF CALIFORNIA SEA LIONS ON THE COLUMBIA RIVER OR ITS
TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES
OF SALMON.
(a) Amendment to Marine Mammal Protection Act of 1972.--Section 120
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended
by adding at the end the following:
``(k) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River or Its Tributaries.--
``(1) Determination of alternative measures.--
``(A) In general.--The Secretary shall determine
whether alternative measures to reduce sea lion
predation of salmonid stocks in the waters of the
Columbia River or its tributaries listed as threatened
species or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) adequately
protect the salmonid stocks from California sea lion
predation.
``(B) Deadline.--The Secretary shall make such
determination not later than 90 days after the date of
the enactment of this subsection.
``(C) Public comment.--The Secretary shall, within
such 90-day period, provide up to 30 days for the
submission of public comments on the determination.
``(D) Federal register.--The Secretary shall
publish the determination in the Federal Register.
``(2) Removal authority.--In addition to other authority
under this section, and notwithstanding any other provision of
this title, the Secretary may issue a permit to an eligible
entity authorizing the intentional lethal taking on the waters
of the Columbia River or its tributaries California sea lions
if the Secretary determines under paragraph (1) that
alternative measures to reduce sea lion predation on salmonid
stocks in such waters listed as threatened species or
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) do not adequately protect the salmonid
stocks from California sea lion predation.
``(3) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary of Commerce for a permit under paragraph
(2) authorizing the lethal taking of California sea
lions.
``(B) Deadline for consideration of application.--
The Secretary shall approve or deny an application for
a permit under this subsection by not later than 30
days after receiving the application.
``(C) Authority to issue multiple permits.--The
Secretary may issue more than one permit under this
subsection to an eligible entity. No more than one
permit may be utilized in any 14-day period by the same
eligible entity.
``(D) Duration of permits.--A permit under this
subsection shall be effective for no more than one year
after the date it is issued.
``(E) Consultation.--In issuing a permit to an
eligible entity, the Secretary shall--
``(i) consult with other eligible entities
and other such entities as the Secretary
considers appropriate, including the Corps of
Engineers; and
``(ii) consider the number of other permits
issued to other eligible entities in the same
time period.
``(F) Reports.--Not later than January 31 following
the end of each year in which a lethal taking occurs
under a permit under this subsection, the Secretary
shall publish a brief report describing the
implementation of this subsection and the effect of all
such takings in such year on Columbia River salmonid
stocks and on the California sea lion population in the
area where each taking occurs.
``(4) Limitations.--
``(A) Limitation on permit authority.--A permit
issued under this subsection shall not authorize the
lethal taking of more than 10 California sea lions.
``(B) Limitation on annual takings.--The cumulative
number of California sea lions authorized to be taken
each year under all permits in effect under this
subsection shall not exceed one percent of the annual
potential biological removal level of California sea
lions.
``(C) Limitation on animal authorized to be
taken.--
``(i) Determination required.--A California
sea lion may not be taken under a permit under
this subsection unless the permit holder has
determined that--
``(I) such sea lion has preyed upon
salmonid stocks in the Columbia River;
and
``(II) with respect to such sea
lion, nonlethal alternative measures to
prevent preying on salmonid stocks have
in general not been effective.
``(ii) Consultation.--In making such
determination, the permit holder shall consult
with the National Marine Fisheries Service, and
may consult with any other Federal agency or
eligible entity as appropriate.
``(5) Delegation of permit authority.--The State of
Washington and the State of Oregon may each designate the
Pacific States Marine Fisheries Commission to administer its
permit authority under this subsection. Any other eligible
entity may designate the Columbia River Inter-Tribal Fish
Commission to administer its permit authority under this
subsection.
``(6) NEPA.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to this subsection and the issuance of
any permit under this subsection during the 3-year period
beginning on the date of the enactment of this Act.
``(7) Termination of permitting authority.--The Secretary
may not issue any permit under this subsection after the
earlier of--
``(A) the end of the 5-year period beginning on the
date of the enactment of this subsection; or
``(B) the date the Secretary determines that lethal
removal authority is no longer necessary to protect
salmonid stocks from California sea lion predation.
``(8) Eligible entity defined.--In this subsection, the
term `eligible entity' means each of the State of Washington,
the State of Oregon, the Nez Perce Tribe, the Confederated
Tribes of the Umatilla Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation of Oregon, and the
Confederated Tribes and Bands of the Yakama Nation.''.
(b) Recommended Legislation.--Not later than two years after the
date of the enactment of this Act, the Secretary of Commerce shall
submit to the Congress a report on the need for additional legislation
to amend the Marine Mammal Protection Act of 1972 to address the
general issue of predation by marine mammals on fish species listed as
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) nonlethal means of preventing predation of listed
salmonid stocks in the Columbia River by California sea lions
is preferable to lethal means;
(2) permit holders exercising lethal removal authority
pursuant to the amendment made by this Act should be trained in
wildlife management; and
(3) the Federal Government should continue to fund,
research, and support effective nonlethal alternative measures
for preventing such predation. | Endangered Salmon Predation Prevention Act - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to issue one-year permits for the lethal taking of California sea lions on the waters of the Columbia River or its tributaries if the Secretary determines that alternative measures to reduce sea lion predation on salmonid stocks listed as threatened or endangered under the Endangered Species Act of 1973 do not adequately protect such stocks.
Prohibits such a permit from authorizing the lethal taking of more than 10 California sea lions. Limits the cumulative annual taking of California sea lions each year under all such permits to 1% of the annual potential biological removal level. Requires the Secretary to determine whether alternative measures to reduce sea lion predation on such salmonid stocks will adequately protect them.
Prohibits a California sea lion from being taken unless the permit holder has determined that: (1) such sea lion has preyed upon salmonid stocks in the Columbia River, and (2) nonlethal alternative measures have not been effective.
Terminates such permitting authority after the earlier of five years after this Act's enactment or the date the Secretary determines that lethal removal authority is no longer necessary to protect such salmonid stocks.
Expresses the sense of Congress that: (1) nonlethal means of preventing sea lion predation of salmonid stocks in the Columbia River is preferable to lethal means, (2) permit holders exercising lethal removal authority should be trained in wildlife management, and (3) the government should continue to support effective nonlethal alternatives. | {"src": "billsum_train", "title": "To amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon, and for other purposes."} | 2,139 | 375 | 0.617521 | 1.874823 | 0.714525 | 3.88 | 6.31 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Establishing The House Independent
Commission on Standards Act''.
SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION.
(a) Establishment.--There is established an independent ethics
commission within the legislative branch of the Government to be known
as The House Independent Commission on Standards (in this Act referred
to as the ``Commission'').
(b) Membership and Terms of Office.--(1) The Commission shall
consist of 8 individuals. Four members shall be appointed by the
Republican leader, of whom 2 shall be former Democratic Members and 4
members shall be appointed by the Democratic leader of the House of
Representatives, of whom 2 shall be former Republican Members. Except
as provided by paragraph (2), the terms of all members of the
Commission shall be 4 years.
(2) Of the members first appointed--
(A) 2 appointed by each leader shall be for a term of 4
years; and
(B) 2 appointed by each leader shall be for a term of 6
years;
as designated by each such leader at the time of appointment.
(3) No individual who has been a Member of the House may be
appointed to the Commission sooner than 2 years after the ceasing to be
a Member of the House.
(c) Chairman and Vice Chairman.--The chairman and the vice chairman
of the Commission shall be selected by the members of the Commission at
its first meeting.
(d) Disqualifications for Appointments.--
(1) Lobbying.--No individual who has been a lobbyist
registered under the Lobbying Disclosure Act of 1995 or engages
in, or is otherwise employed in, lobbying of the Congress or
who is an agent of a foreign principal registered under the
Foreign Agents Registration Act within the 4-year period
immediately preceding appointment shall be eligible for
appointment to, or service on, the Commission.
(2) Incompatible office.--No member of the Commission
appointed under subsection (b) may be an elected public
official or an officer or employee of the Government.
(3) Financial benefit.--No member of the Commission
appointed under subsection (b) may serve on the board or be an
officer of any entity that has a direct financial interest in
any matter before the House of Representatives.
(e) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made.
(f) Compensation.--Members shall each be entitled to receive the
daily equivalent of the maximum annual rate of basic pay in effect for
Level III 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.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(h) Meetings.--The Commission shall meet at the call of the
chairman or a majority of its members.
SEC. 3. DUTIES OF COMMISSION.
The Commission is authorized--
(1) to investigate any alleged violation, by a Member,
officer, or employee of the House of Representatives, of any
law, rule, regulation, or other standard of conduct applicable
to the conduct of such Member, officer, or employee in the
performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the
right to a hearing is waived by the Member, officer, or
employee), shall report to the House of Representatives its
findings of fact and recommendations, if any, upon the final
disposition of any such investigation, and such action as the
Commission may deem appropriate in the circumstances;
(2) to issue any letter of admonishment with respect to
such an alleged violation;
(3) to report to the appropriate Federal or State
authorities any substantial evidence of a violation, by a
Member, officer, or employee of the House of Representatives,
of any law applicable to the performance of his duties or the
discharge of his responsibilities, which may have been
disclosed in a Commission investigation; and
(4) to adopt rules governing its procedures to provide
protections to respondents comparable to those that were
provided by clause 3 of rule XI of the Rules of the House of
Representatives in effect immediately before the amendments to
such rule made by section 8.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, the chairman or vice chairman, may, for the purpose of
carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or the
chairman or vice chairman may determine advisable.
(b) Subpoenas.--
(1) Prior written authorization.--A subpoena may be issued
only upon the prior written approval of the chairman and
ranking minority member of the Committee on Standards of
Official Conduct.
(2) Issuance.--A subpoena may be issued only under the
signature of the chairman or the vice chairman, and may be
served by any person designated by the chairman or the vice
chairman.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the panel to enable it to carry out its
duties.
SEC. 5. PROCEDURAL RULES.
(a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(1) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(2) upon receipt of a complaint from the Committee on
Standards of Official Conduct of the House of Representatives,
in writing and under oath, made by that committee.
(c) Submissions.--(1) Any individual may submit a letter to the
Commission requesting that it undertake an investigation on its own
initiative of any alleged violation by a Member, officer, or employee
of the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities.
(2) The Commission shall make available forms to be used in the
submission of letters under paragraph (1).
(3) The submission of a letter to the Commission under paragraph
(1) does not necessitate any action by the Commission.
(4) The Commission is authorized to adopt rules to establish
procedures for the consideration of submissions, including a time frame
for their consideration.
(5) The Commission shall adopt a rule not to commence an
investigation if it finds that the complaint or submission respecting
that investigation is frivolous, and shall file a public report on such
a complaint or submission with the Committee on Standards of Official
Conduct.
(d) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
(e) Effect of Elections.--If the Commission receives any complaint
or submission within 90 days before an election in which the subject of
the complaint or submission is a candidate, the Commission shall delay
consideration of that matter until after such election.
(f) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.
SEC. 6. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of a Staff
Director and such other staff as the Commission considers necessary to
perform its duties. The Staff Director shall be appointed jointly by
the Speaker and minority leader and shall be paid at a rate not to
exceed the rate of basic pay payable for Level III of the Executive
Schedule.
SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS.
(a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the Commission, the Speaker of the
House of Representatives shall have the report printed in the
Congressional Record.
(b) House Consideration of Independent Ethics Commission
Recommendations.--Within 14 calendar days after a report referred to in
subsection (a) is printed in the Congressional Record, that portion of
the report recommending action by the House of Representatives
respecting any alleged violation, by a Member, officer, or employee of
the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities shall be introduced (by request) in the House by the
Speaker of the House, for himself and the minority leader of the House
in the form of a resolution. This resolution shall constitute a
question of privilege under rule IX of the Rules of the House of
Representatives. Any Member favoring the resolution may call it up as a
question of privilege but only on the third day after the calendar date
upon which such Member announces to the House his intention to do so.
SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
(1) In paragraph (a), strike subparagraphs (1), (2), and
(3), and redesignate subparagraphs (4), (5), and (6), as
subparagraphs (1), (2), and (3), respectively.
(2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by
striking ``a resolution, report, recommendation, or'' and
inserting ``an'', and by striking ``, or, except as provided in
subparagraph (2), undertake an investigation'', and by striking
subdivision (B).
(B) Paragraph (b) is further amended by striking
subparagraphs (2), (3), (4), and (5) and by redesignating
subparagraphs (6) and (7) as subparagraphs (2) and (3),
respectively.
(3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and
(q).
(b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).
SEC. 9. EFFECTIVE DATE.
This Act shall take effect immediately before noon January 3, 2009. | Establishing The House Independent Commission on Standards Act - Establishes within the legislative branch The House Independent Commission on Standards.
Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to transfer to the Commission certain recommendations for administrative action and investigative duties of the Committee on Standards of Official Conduct regarding Members, Delegates, the Resident Commissioner, and House officers and employees. | {"src": "billsum_train", "title": "To establish a House ethics commission, and for other purposes."} | 2,532 | 95 | 0.476362 | 1.146471 | 0.902434 | 2.766234 | 31 | 0.818182 |
SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER.
The Congressional Medal of Honor Museum of the United States, a
nonprofit corporation organized under the laws of the State of New
York, is recognized as such and is granted a Federal charter.
SEC. 2. POWERS.
The Congressional Medal of Honor Museum of the United States (in
this Act referred to as the ``corporation'') shall have only those
powers granted to it through its bylaws and articles of incorporation
filed in the State in which it is incorporated and subject to the laws
of such State.
SEC. 3. OBJECTS AND PURPOSES.
The objects and purposes of the corporation are those provided for
in its bylaws and articles of incorporation and shall include the
following:
(1) Preserving the memory and history of medal of honor
recipients.
(2) Preserving artifacts and records of medal of honor
recipients that are donated or loaned to the museum in order to
honor the memory and history of such recipients, to display
such artifacts and records for educational purposes, and to
encourage research relating to such artifacts and records.
(3) Educating the people of the United States on the value
of the medal of honor.
(4) Inspiring and stimulating the youth of the United
States to become worthy citizens of the United States.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the State in which it is incorporated and those States
in which it carries on its activities in the furtherance of its
corporate purposes.
SEC. 5. MEMBERSHIP.
Except as provided in section 8, eligibility for membership in the
corporation and the rights and privileges of members of the corporation
shall be as provided in the articles of incorporation and bylaws of the
corporation.
SEC. 6. BOARD OF DIRECTORS.
Except as provided in section 8, the composition of the board of
directors of the corporation and the responsibilities of such board
shall be as provided in the articles of incorporation of the
corporation and in conformity with the laws of the State in which it is
incorporated.
SEC. 7. OFFICERS OF CORPORATION.
Except as provided in section 8, the positions of officers of the
corporation and the election of members to such positions shall be as
provided in the articles of incorporation of the corporation and in
conformity with the laws of the State in which it is incorporated.
SEC. 8. PROHIBITION AGAINST DISCRIMINATION.
In establishing the conditions of membership in the corporation and
in determining the requirements for serving on the board of directors
or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, handicap, age,
or national origin.
SEC. 9. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of
the corporation may inure to the benefit of any member, officer, or
director of the corporation or be distributed to any such individual
during the life of this charter. Nothing in this subsection shall be
construed to prevent the payment of reasonable compensation to the
officers of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any officer,
director, or employee of the corporation.
(c) Stock.--The corporation shall have no power to issue any shares
of stock or to declare or pay any dividends.
(d) Congressional Approval.--The corporation shall not claim
congressional approval or the authorization of the Federal Government
for any of its activities by reason of this Act.
SEC. 10. LIABILITY.
The corporation shall be liable for the acts of its officers and
agents whenever such officers and agents have acted within the scope of
their authority.
SEC. 11. BOOKS AND RECORDS.
The corporation shall keep correct and complete books and records
of account and minutes of any proceeding of the corporation involving
any of its members, the board of directors, or any committee having
authority under the board of directors. The corporation shall keep, at
its principal office, a record of the names and addresses of all
members having the right to vote in any proceeding of the corporation.
All books and records of such corporation may be inspected by any
member having the right to vote in any corporation proceeding, or by
any agent or attorney of such member, for any proper purpose at any
reasonable time. Nothing in this section shall be construed to
contravene any applicable State law.
SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for the
audit of accounts of private corporations established under Federal
law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding
at the end the following:
``(77) The Congressional Medal of Honor Museum of
the United States.''.
SEC. 13. ANNUAL REPORT.
The corporation shall report annually to Congress concerning the
activities of the corporation during the preceding fiscal year. Such
annual report shall be submitted at the same time as the report of the
audit required by section 2 of the Act referred to in section 12. The
report shall not be printed as a public document.
SEC. 14. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to Congress.
SEC. 15. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986. If the
corporation fails to maintain such status, the charter granted by this
Act shall expire.
SEC. 16. TERMINATION.
The charter granted by this Act shall expire if the corporation
fails to comply with--
(1) any restriction or other provision of this Act;
(2) any provision of its bylaws or articles of
incorporation; or
(3) any provision of the laws of the State of New York that
apply to corporations such as the corporation recognized under
this Act.
SEC. 17. DEFINITION.
For the purposes of this Act, the term ``State'' includes the
District of Columbia, the commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and the territories and possessions of
the United States. | Grants a Federal charter to the Congressional Medal of Honor Museum of the United States. | {"src": "billsum_train", "title": "A bill to grant a Federal charter to the Congressional Medal of Honor Museum of the United States."} | 1,385 | 20 | 0.530928 | 1.336113 | -0.433304 | 5.9375 | 81.8125 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's Safety
Act''.
SEC. 2. CRIMINAL RECORDS CHECKS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
``(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered individual'
includes--
``(i) any individual 18 years of age or older; and
``(ii) any individual who the tribal social services
agency determines is subject to a criminal records check
under paragraph (2)(A).
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child from a
parent or Indian custodian for temporary placement in a foster
home or institution or the home of a guardian or conservator
if--
``(i) the parent or Indian custodian cannot have the
child returned on demand; and
``(ii)(I) parental rights have not been terminated; or
``(II) parental rights have been terminated but the
child has not been permanently placed.
``(C) Indian custodian.--The term `Indian custodian' means
any Indian--
``(i) who has legal custody of an Indian child under
tribal law or custom or under State law; or
``(ii) to whom temporary physical care, custody, and
control has been transferred by the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian child; or
``(ii) any Indian who has lawfully adopted an Indian
child, including adoptions under tribal law or custom.
``(E) Tribal court.--The term `tribal court' means a
court--
``(i) with jurisdiction over foster care placements;
and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and operated under the
code or custom of an Indian tribe; or
``(III) any other administrative body of an Indian
tribe that is vested with authority over foster care
placements.
``(F) Tribal social services agency.--The term `tribal
social services agency' means the agency of an Indian tribe
that has the primary responsibility for carrying out foster
care licensing or approval (as of the date on which the
proceeding described in paragraph (2)(A) commences) for the
Indian tribe.
``(2) Criminal records check before foster care placement.--
``(A) In general.--Except as provided in paragraph (3), no
foster care placement shall be finally approved and no foster
care license shall be issued until the tribal social services
agency--
``(i) completes a criminal records check of each
covered individual who resides in the household or is
employed at the institution in which the foster care
placement will be made; and
``(ii) concludes that each covered individual described
in clause (i) meets such standards as the Indian tribe
shall establish in accordance with subparagraph (B).
``(B) Standards of placement.--The standards described in
subparagraph (A)(ii) shall include--
``(i) requirements that each tribal social services
agency described in subparagraph (A)--
``(I) perform criminal records checks, including
fingerprint-based checks of national crime information
databases (as defined in section 534(f)(3) of title 28,
United States Code);
``(II) check any abuse registries maintained by the
Indian tribe; and
``(III) check any child abuse and neglect registry
maintained by the State in which the covered individual
resides for information on the covered individual, and
request any other State in which the covered individual
resided in the preceding 5 years, to enable the tribal
social services agency to check any child abuse and
neglect registry maintained by that State for such
information; and
``(ii) any other additional requirement that the Indian
tribe determines is necessary and permissible within the
existing authority of the Indian tribe, such as the
creation of voluntary agreements with State entities in
order to facilitate the sharing of information related to
the performance of criminal records checks.
``(C) Results.--Except as provided in paragraph (3), no
foster care placement shall be ordered in any proceeding
described in subparagraph (A) if an investigation described in
clause (i) of that subparagraph reveals that a covered
individual described in that clause has been found by a
Federal, State, or tribal court to have committed any crime
listed in clause (i) or (ii) of section 471(a)(20)(A) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)).
``(3) Emergency placement.--Paragraph (2) shall not apply to an
emergency foster care placement, as determined by a tribal social
services agency.
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, each Indian tribe shall establish
procedures to recertify homes or institutions in which foster
care placements are made.
``(B) Contents.--The procedures described in subparagraph
(A) shall include, at a minimum, periodic intervals at which
the home or institution shall be subject to recertification to
ensure--
``(i) the safety of the home or institution for the
Indian child; and
``(ii) that each covered individual who resides in the
home or is employed at the institution is subject to a
criminal records check in accordance with this subsection,
including any covered individual who--
``(I) resides in the home or is employed at the
institution on the date on which the procedures
established under subparagraph (A) commences; and
``(II) did not reside in the home or was not
employed at the institution on the date on which the
investigation described in paragraph (2)(A)(i) was
completed.
``(C) Guidance issued by the secretary.--The procedures
established under subparagraph (A) shall be subject to any
regulation or guidance issued by the Secretary that is in
accordance with the purpose of this subsection.
``(5) Guidance.--Not later than 2 years after the date of
enactment of this subsection and after consultation with Indian
tribes, the Secretary shall issue guidance regarding--
``(A) procedures for a criminal records check of any
covered individual who--
``(i) resides in the home or is employed at the
institution in which the foster care placement is made
after the date on which the investigation described in
paragraph (2)(A)(i) is completed; and
``(ii) was not the subject of an investigation
described in paragraph (2)(A)(i) before the foster care
placement was made;
``(B) self-reporting requirements for foster care homes or
institutions in which any covered individual described in
subparagraph (A) resides if the head of the household or the
operator of the institution has knowledge that the covered
individual--
``(i) has been found by a Federal, State, or tribal
court to have committed any crime listed in clause (i) or
(ii) of section 471(a)(20)(A) of the Social Security Act
(42 U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in clause (II)
or (III) of paragraph (2)(B)(i);
``(C) promising practices used by Indian tribes to address
emergency foster care placement procedures under paragraph (3);
and
``(D) procedures for certifying compliance with this
Act.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate reported version is repeated here.) Native American Children's Safety Act Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the tribe's standards established pursuant to this Act. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. Prohibits a foster care placement from being ordered if the investigation reveals that a covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Exempts emergency foster care placements from such requirements. Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Department of the Interior to issue guidance regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act. | {"src": "billsum_train", "title": "Native American Children's Safety Act"} | 1,814 | 539 | 0.581067 | 1.791451 | 0.629353 | 3.981443 | 3.385567 | 0.901031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Stanton-Snowy River Cave
National Conservation Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Fort Stanton-Snowy River Cave National Conservation
Area established by section 3(a).
(2) Management plan.--The term ``management plan'' means
the management plan developed for the Conservation Area under
section 4(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER CAVE NATIONAL
CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort
Stanton-Snowy River Cave National Conservation Area in Lincoln County,
New Mexico, to protect, conserve, and enhance the unique and nationally
important historic, cultural, scientific, archaeological, natural, and
educational subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the area
within the boundaries depicted on the map titled ``Fort Stanton-Snowy
River Cave National Conservation Area'' and dated January 25, 2007.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
section 3(a); and
(B) in accordance with--
(i) this Act;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of
the cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural
and unique features and environs for scientific,
educational, and other appropriate public uses of the
Conservation Area;
(B) public access, as appropriate, while providing
for the protection of the cave resources and for public
safety;
(C) the continuation of other existing uses or
other new uses of the Conservation Area that do not
impair the purposes for which the Conservation Area is
established;
(D) management of the surface area of the
Conservation Area in accordance with the Fort Stanton
Area of Critical Environmental Concern Final Activity
Plan dated March, 2001, or any amendments to the plan,
consistent with this Act; and
(E) scientific investigation and research
opportunities within the Conservation Area, including
through partnerships with colleges, universities,
schools, scientific institutions, researchers, and
scientists to conduct research and provide educational
and interpretive services within the Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the land that are acquired by the United States after
the date of enactment of this Act for inclusion in the Conservation
Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
(B) incorporate, as appropriate, decisions
contained in any other management or activity plan for
the land within or adjacent to the Conservation Area;
(C) take into consideration any information
developed in studies of the land and resources within
or adjacent to the Conservation Area; and
(D) provide for a cooperative agreement with
Lincoln County, New Mexico, to address the historical
involvement of the local community in the
interpretation and protection of the resources of the
Conservation Area.
(d) Activities Outside Conservation Area.--The establishment of the
Conservation Area shall not--
(1) create a protective perimeter or buffer zone around the
Conservation Area; or
(2) preclude uses or activities outside the Conservation
Area that are permitted under other applicable laws, even if
the uses or activities are prohibited within the Conservation
Area.
(e) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities
for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this Act, enter into cooperative agreements
with the State of New Mexico and other institutions and
organizations to carry out the purposes of this Act.
(f) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Fort Stanton-Snowy River National Cave Conservation Area Act - Establishes the Fort Stanton-Snowy River National Cave Conservation Area in Lincoln county, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.
Directs the Secretary to develop a plan for the long-term management of the Conservation Area.
Authorizes the Secretary to establish facilities for: (1) the conduct of scientific research; and (2) the interpretation of the resources of the Conservation Area. | {"src": "billsum_train", "title": "To establish the Fort Stanton-Snowy River Cave National Conservation Area, and for other purposes."} | 1,325 | 135 | 0.713287 | 1.897867 | 0.58936 | 6.940171 | 10.538462 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
of 2004''.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped
or transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency which
require the employee to regularly qualify in the use of a firearm;
``(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
``(e) As used in this section, the term `firearm' does not
include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of this
title); and
``(3) any destructive device (as defined in section 921 of this
title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to engage
in or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
``(3)(A) before such retirement, was regularly employed as a
law enforcement officer for an aggregate of 15 years or more; or
``(B) retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at the
expense of the individual, the State's standards for training and
qualification for active law enforcement officers to carry
firearms;
``(6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(7) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is--
``(1) a photographic identification issued by the agency from
which the individual retired from service as a law enforcement
officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency to
meet the standards established by the agency for training and
qualification for active law enforcement officers to carry a
firearm of the same type as the concealed firearm; or
``(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law enforcement
officer; and
``(B) a certification issued by the State in which the
individual resides that indicates that the individual has, not less
recently than one year before the date the individual is carrying
the concealed firearm, been tested or otherwise found by the State
to meet the standards established by the State for training and
qualification for active law enforcement officers to carry a
firearm of the same type as the concealed firearm.
``(e) As used in this section, the term `firearm' does not
include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of this
title); and
``(3) a destructive device (as defined in section 921 of this
title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926B
the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Law Enforcement Officers Safety Act of 2004 - Amends the Federal criminal code to authorize a qualified law enforcement officer carrying photographic governmental agency identification to carry a concealed firearm, notwithstanding any State or local law. Declares that this provision shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
Defines "qualified law enforcement officer" as: (1) a current governmental agency law enforcement officer who is authorized to carry a firearm, who is not the subject of disciplinary action, who meets agency standards which require the employee to regularly qualify in the use of a firearm, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (2) a retired law enforcement officer who retired in good standing from public agency service, who was regularly employed as a law enforcement officer for at least 15 years, who has a nonforfeitable right to agency retirement benefits, who has met the State's standards for training and qualification for active law enforcement officers to carry firearms during the most recent 12-month period, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
Excludes from the definition of "firearm" any machine-gun, firearm silencer, and destructive device. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns."} | 1,551 | 329 | 0.669117 | 1.759429 | 0.875276 | 5.417241 | 5.12069 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audit the Pentagon Act of 2015''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To strengthen American national security by ensuring
that--
(A) military planning, operations, weapons
development, and a long-term national security strategy
are connected to sound financial controls; and
(B) defense dollars are spent efficiently.
(2) To instill a culture of accountability at the
Department of Defense that supports the vast majority of
dedicated members of the Armed Forces and civilians who want to
ensure proper accounting and prevent waste, fraud, and abuse.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The 2013 Financial Report of the United States
Government found that, of major agencies, only the Department
of Defense had a ``disclaimer'' because it lacked any auditable
reporting or accounting available for independent review. In
the Financial Report, the Treasury Department summarized:
``Since the passage of the CFO Act of 1990, the federal
financial community has made important strides in instilling
strong accounting and financial reporting practices. In 2014,
23 of the 24 CFO Act agencies obtained an opinion from the
independent auditors on their financial statements. Out of the
24 major `CFO Act' agencies, there were 22 clean opinions, 1
qualified opinion, and only one remaining disclaimer in FY
2013. . . . However, weaknesses in basic financial management
practices and other limitations continue to prevent one major
agency, and the Government as a whole, from achieving an audit
opinion.''.
(2) The financial management of the Department of Defense
has been on the ``High-Risk'' list of the Government
Accountability Office (GAO). The GAO found that the Department
is not consistently able to ``control costs; ensure basic
accountability; anticipate future costs and claims on the
budget; measure performance; maintain funds control; and
prevent and detect fraud, waste, and abuse''.
(3) At a September 2010 hearing of the Senate, the
Government Accountability Office stated that past expenditures
by the Department of Defense of $5,800,000,000 to improve
financial information, and billions of dollars more of
anticipated expenditures on new information technology systems
for that purpose, may not suffice to achieve full audit
readiness of the financial statement of the Department.
(4) Section 9 of article 1 of the Constitution of the
United States requires all agencies of the Federal Government,
including the Department of Defense, to publish ``a regular
statement and account of the receipts and expenditures of all
public money''.
(5) Section 303(d) of the Chief Financial Officers Act of
1990 (Public Law 101-576) required that financial statements be
prepared and independently audited for the Department of the
Army by March 31, 1992, and for the Department of the Air Force
by March 31, 1993. Neither the Department of the Army nor the
Department of the Air Force has complied.
(6) Section 3515 of title 31, United States Code, requires
the agencies of the Federal Government, including the
Department of Defense, to present auditable financial
statements beginning not later than March 1, 1997. The
Department has not complied with this law.
(7) The Federal Financial Management Improvement Act of
1996 (31 U.S.C. 3512 note) requires financial systems acquired
by the Federal Government, including the Department of Defense,
to be able to provide information to leaders to manage and
control the cost of government. The Department has not complied
with this law.
(8) In 2005, the Department of Defense created a Financial
Improvement and Audit Readiness (FIAR) Plan, overseen by a
directorate within the office of the Under Secretary of Defense
(Comptroller), to improve Department business processes with
the goal of producing timely, reliable, and accurate financial
information that could generate an audit-ready annual financial
statement. In December 2005, that directorate, known as the
FIAR Directorate, issued the first of a series of semiannual
reports on the status of the Financial Improvement and Audit
Readiness Plan.
(9) Secretary of Defense Robert M. Gates said in a speech
on May 24, 2011: ``The current apparatus for managing people
and money across the DoD enterprise is woefully inadequate. The
agencies, field activities, joint headquarters, and support
staff functions of the department operate as a semi-feudal
system--an amalgam of fiefdoms without centralized mechanisms
to allocate resources, track expenditures, and measure results
relative to the department's overall priorities.''.
(10) The accounting problems of the Department of Defense
result in widespread errors in pay that can be difficult to
correct. Such payroll errors can impose hardship on members of
the Armed Forces and their families.
SEC. 4. SPENDING REDUCTIONS FOR AGENCIES WITHOUT CLEAN AUDITS.
(a) Applicability.--
(1) In general.--Subject to paragraph (2), this section
applies to each Federal agency identified by the Director of
the Office of Management and Budget as required to have an
audited financial statement under section 3515 of title 31,
United States Code.
(2) Applicability to military departments and defense
agencies.--For purposes of paragraph (1), in the case of the
Department of Defense, each military department and each
Defense Agency shall be treated as a separate Federal agency.
(b) Definitions.--In this section, the terms ``financial
statement'' and ``external independent auditor'' have the same meanings
as those terms have under section 3521(e) of title 31, United States
Code.
(c) Adjustments for Financial Accountability.--
(1) On March 2 of fiscal year 2016 and each subsequent
fiscal year, the discretionary budget authority available for
each Federal agency for such fiscal year is adjusted as
provided in paragraph (2).
(2) If a Federal agency has not submitted a financial
statement for the previous fiscal year, or if such financial
statement has not received either an unqualified or a qualified
audit opinion by an independent external auditor, the
discretionary budget authority available for the Federal agency
is reduced by .5 percent, with the reduction applied
proportionately to each account (other than an account listed
in subsection (d) or an account for which a waiver is made
under subsection (e)).
(3) Consistent with applicable laws, the Secretary of
Defense may make any reduction under paragraph (2) in a manner
that minimizes any effect on national security.
(4) An amount equal to the total amount of any reduction
under paragraph (2) shall be retained in the general fund of
the Treasury for the purposes of deficit reduction.
(d) Accounts Excluded.--The following accounts are excluded from
any reductions referred to in subsection (c)(2):
(1) Military personnel, reserve personnel, and National
Guard personnel accounts of the Department of Defense.
(2) The Defense Health Program account of the Department of
Defense.
(e) Waiver.--The President may waive subsection (c)(2) with respect
to an account if the President certifies that applying the subsection
to that account would harm national security or members of the Armed
Forces who are in combat.
(f) Report.--Not later than 60 days after an adjustment under
subsection (c), the Director of the Office of Management and Budget
shall submit to Congress a report describing the amount and account of
each adjustment.
SEC. 5. REPORT ON DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Defense (Comptroller) shall submit to
Congress a report setting forth a list of each report of the Department
required by law to be submitted to Congress which, in the opinion of
the Under Secretary, interferes with the capacity of the Department to
achieve an audit of the financial statements of the Department with an
unqualified opinion.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) as the overall defense budget is cut, congressional
defense committees and the Department of Defense should not
endanger the Nation's troops by reducing wounded warrior
accounts or vital protection (such as body armor) for members
of the Armed Forces in harm's way;
(2) the valuation of legacy assets by the Department of
Defense should be simplified without compromising essential
controls or generally accepted government auditing standards;
and
(3) nothing in this Act should be construed to require or
permit the declassification of accounting details about
classified defense programs, and, as required by law, the
Department of Defense should ensure financial accountability in
such programs using proven practices, including using auditors
with security clearances. | Audit the Pentagon Act of 2015 This bill reduces discretionary spending by 0.5% for federal agencies that have either not submitted a financial statement for a fiscal year or have submitted a financial statement that has not received an unqualified or a qualified audit opinion by an independent external auditor. The bill excludes specified Department of Defense (DOD) accounts for personnel and the Defense Health Program from the reductions. The President may waive the reductions for any account by certifying that the cuts would harm national security or members of the Armed Forces who are in combat. The bill establishes reporting requirements for the Office of Management and Budget and DOD. | {"src": "billsum_train", "title": "Audit the Pentagon Act of 2015"} | 1,854 | 137 | 0.463921 | 1.352783 | 0.54631 | 3.208333 | 15.008333 | 0.891667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Child Protection and Deferred
Enforced Departure Family Unity Act of 2001''.
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS
PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN
12 YEARS OF AGE.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (6)(A), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) at the time of application has not attained the age of
12 years;
(2) is physically present in the United States; and
(3) has no living legally-recognized parent.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL
PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.
(a) Deferred Enforced Departure.--
(1) In general.--Notwithstanding the Immigration and
Nationality Act, the removal or enforced departure any alien
described in subsection (b) shall be deferred by the Attorney
General during any period in which the alien is the natural and
legal parent of a child born in the United States who has not
attained the age of 18 years, if the alien applies for such
deferral.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
deferral of enforced departure under paragraph (1). Such an
alien may not be required, as a condition on submitting or
granting such application, to file a motion to reopen,
reconsider, or vacate such order. If the Attorney General
grants the application, the Attorney General shall cancel the
order. If the Attorney General renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Deferred Enforced Departure.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is physically present in the United States; and
(2) is the natural and legal parent of a child born in the
United States who has not attained the age of 18 years.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for deferred enforced departure under
subsection (a) the same right to, and procedures for, administrative
review as are provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) Work Authorization.--
(1) During application process.--The Attorney General may
authorize an alien who has applied for deferred enforced
departure under subsection (a) to engage in employment in the
United States during the pendency of such application and may
provide the alien with an ``employment authorized'' endorsement
or other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
(2) During deferred enforced departure period.--The
Attorney General shall authorize an alien who is granted
deferred enforced departure under subsection (a) to engage in
employment in the United States during any period in which
deferred enforced departure applies.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted deferred enforced departure status under this
section shall not preclude the alien from seeking immigration status
under any other provision of law for which the alien may be eligible. | Alien Child Protection and Deferred Enforced Departure Family Unity Act of 2001 - Provides for the permanent resident status adjustment (and stay of removal if applicable) of an alien orphan who is physically present in the United States and under 12 years old.Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old. | {"src": "billsum_train", "title": "To provide for permanent resident status for any alien orphan physically present in the United States who is less than 12 years of age and to provide for deferred enforced departure status for any alien physically present in the United States who is the natural and legal parent of a child born in the United States who is less than 18 years of age."} | 1,877 | 102 | 0.528432 | 1.284501 | 0.909833 | 3.423077 | 22.064103 | 0.910256 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Nuclear Fuel for Peace and Nonproliferation Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL
FOR PEACEFUL MEANS
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Statements of policy.
Sec. 104. Report.
TITLE II--INTERNATIONAL NUCLEAR FUEL BANK
Sec. 201. Voluntary contributions to the International Atomic Energy
Agency.
Sec. 202. Authorization of appropriations.
TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL
FOR PEACEFUL MEANS
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Since the United States Baruch Plan of 1946, the United
States has believed that an increase in the number of countries
that possess nuclear weapons and the means to create such
weapons makes the world less secure and stable by increasing
the chances that nuclear weapons would be used. A world in
which nuclear weapons are used again is less secure for all
concerned, and could well trigger a global arms race, as more
countries will be tempted to arm themselves with nuclear
weapons to prevent attacks by countries that possess nuclear
weapons.
(2) It is therefore in the general security interest of all
countries, and in the vital national security interest of the
United States, that the number of countries that possess a
nuclear weapons capability necessarily be kept to a minimum and
ultimately reduced.
(3) Uranium enrichment and spent-fuel reprocessing
facilities produce nuclear material that can either be used for
peaceful purposes in electricity-generating reactors, or can be
used to produce uranium and plutonium for nuclear weapons. As
such, these facilities are inherently a proliferation risk,
allowing their possessor to be just months away from the
production of a nuclear explosive device.
(4) It is also therefore in the general security interest
of all countries that the number of countries that operate
uranium enrichment and spent-fuel reprocessing facilities also
be kept to a minimum, consistent with the global demand for
nuclear power reactor fuel.
(5) The financing and construction of additional uranium
enrichment and spent-fuel reprocessing facilities in additional
countries around the world is indefensible on economic grounds
alone, given current and future supplies of uranium and
existing providers of uranium enrichment and spent-fuel
reprocessing services to the world market.
(6) The desire to construct uranium enrichment and spent-
fuel reprocessing facilities by additional countries,
therefore, is often based upon considerations other than
economic calculations. The possession of such facilities is
often elevated to a matter of national pride--a demonstration
to the world that the country that possesses this technology
has arrived at a level of technological development comparable
to that of the United States and other countries with advanced
civil nuclear power programs.
(7) Furthermore, the acquisition of uranium enrichment and
spent-fuel reprocessing facilities can be perceived as a
demonstration of the developing world's independence from
technological domination by the more developed states. Article
IV of the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968 (21 UST
483; commonly referred to as the ``Nuclear Non-Proliferation
Treaty'' or the ``NPT''), recognizes that State Parties have an
``inalienable right . . . to develop research, production and
use of nuclear energy for peaceful purposes without
discrimination''. However, this is a qualified right
conditioned by a State Party acting in conformity with the
NPT's obligation for such countries not to acquire, possess, or
develop nuclear weapons or nuclear explosive devices.
(8) It has been long recognized that the proliferation of
national uranium enrichment and spent-fuel reprocessing
facilities would increase the likelihood of the emergence of
new nuclear weapon states. Concerned governments,
nongovernmental organizations, and individual experts have for
decades recognized the need to address this problem through
multilateral assurances of the uninterrupted supply of nuclear
fuel, the sharing of peaceful application of nuclear energy, an
international fuel bank to provide fuel if the fuel supply to a
country is disrupted, and even multilateral participation in
international uranium enrichment and spent-fuel reprocessing
facilities, as a means of reducing incentives of countries to
develop and construct such facilities themselves.
(9) Until recently, such efforts have produced little more
than reports. However, the revelations of a nuclear black-
market in uranium enrichment technology and equipment, combined
with the attempt by North Korea and Iran to possess such
technology and equipment to provide the basis for nuclear
weapons programs, have rekindled this debate with a new
urgency.
(10) Iran has used the specter of a potentially unreliable
international supply of nuclear reactor fuel as a pretext for
developing its own uranium enrichment and spent-fuel
reprocessing capability, which would enable Iran to also
produce weapons-grade uranium and plutonium for nuclear
weapons.
(11) Several initiatives have been proposed over the last
year to address these concerns. The United States has proposed
the Global Nuclear Energy Partnership (GNEP), which envisions a
consortium of countries with advanced nuclear capabilities
providing nuclear fuel services--fresh fuel and recovery of
used fuel--to other countries that agree to employ nuclear
energy only for power generation purposes, without possessing
national uranium enrichment and spent-fuel reprocessing
facilities.
(12) The United States also joined France, the Russian
Federation, Germany, the United Kingdom, and the Netherlands on
May 31, 2006, in proposing a ``Concept for a Multilateral
Mechanism for Reliable Access to Nuclear Fuel'' that would
facilitate or create new arrangements between suppliers and
recipients to provide fuel to countries with good
nonproliferation credentials in case of market failure.
(13) Any assurance of the supply of nuclear fuel should
meet the condition outlined by President George W. Bush on
February 11, 2004: ``The world's leading nuclear exporters
should ensure that states have reliable access at reasonable
cost to fuel for civilian reactors, so long as those states
renounce enrichment and reprocessing.''.
(14) The Russian Federation has proposed that one of its
uranium enrichment facilities be placed under international
management and oversight, as part of a ``Global Nuclear Power
Infrastructure'' proposal to create international nuclear fuel
cycle centers.
(15) In conclusion, the creation of a multi-tiered system
to assure the supply of nuclear reactor fuel at current market
prices, under appropriate safeguards and conditions, could
reassure countries that are dependent upon or will construct
nuclear power reactors that they will have an assured supply of
nuclear fuel at current market prices, so long as such
countries forgo national uranium enrichment and spent-fuel
reprocessing facilities and are committed to the
nonproliferation of nuclear weapons.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ``Concept for a Multilateral Mechanism for Reliable
Access to Nuclear Fuel'', proposed by the United States,
France, the Russian Federation, Germany, the United Kingdom,
and the Netherlands on May 31, 2006, is welcomed and should be
expanded upon at the earliest possible opportunity;
(2) the proposal by the Government of the Russian
Federation to bring one of its uranium enrichment facilities
under international management and oversight is also a welcome
development and should be encouraged by the United States;
(3) the offer by the Nuclear Threat Institute (NTI) of
$50,000,000 in funds to support the creation of an
international nuclear fuel bank by the International Atomic
Energy Agency (IAEA) is also welcomed, and the United States
and other member states of the IAEA should pledge collectively
at least an additional $100,000,000 in matching funds to
fulfill the NTI proposal; and
(4) the governments, organizations, and experts currently
engaged in developing the initiatives described in paragraphs
(1) through (3) and other initiatives should seek to identify
additional incentives to be included in an international regime
for the assured supply of nuclear fuel for peaceful means at
current market prices, including participation in non-weapons-
relevant technology development and fuel leasing to further
persuade countries that participation in such a multilateral
arrangement far outweighs the temptation and expense of
developing national uranium enrichment and plutonium
reprocessing facilities.
SEC. 103. STATEMENTS OF POLICY.
(a) General Statement of Policy.--It is the policy of the United
States to support the establishment of an international regime for the
assured supply of nuclear fuel for peaceful means under multilateral
authority, such as the International Atomic Energy Agency.
(b) Additional Statement of Policy.--It is further the policy of
the United States to--
(1) oppose the development of a capability to produce
nuclear weapons by any non-nuclear weapon state, within or
outside of the NPT;
(2) encourage states party to the NPT to interpret the
right to ``develop research, production and use of nuclear
energy for peaceful purposes,'' as described in Article IV of
the NPT, as being a qualified right that is conditioned by the
overall purpose of the NPT to prevent the spread of nuclear
weapons and nuclear weapons capability, including by refraining
from all nuclear cooperation with any state party that has not
demonstrated that it is in full compliance with its NPT
obligations, as determined by the International Atomic Energy
Agency; and
(3) strengthen the Nuclear Suppliers Group guidelines
concerning consultation by members regarding violations of
supplier and recipient understandings by instituting the
practice of a timely and coordinated response by Nuclear
Suppliers Group members to all such violations, including
termination of nuclear transfers to an involved recipient, that
discourage individual Nuclear Suppliers Group members from
continuing cooperation with such recipient until such time as a
consensus regarding a coordinated response has been achieved.
SEC. 104. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on the activities of the United States to
support the establishment of an international regime for the assured
supply of nuclear fuel for peaceful means at current market prices
under multilateral authority, such as the International Atomic Energy
Agency. The report shall include an assessment of the feasibility of
establishing an international fuel services center within the United
States.
TITLE II--INTERNATIONAL NUCLEAR FUEL BANK
SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY
AGENCY.
(a) Voluntary Contributions Authorized.--The President is
authorized to make voluntary contributions on a grant basis to the
International Atomic Energy Agency (in this section referred to as the
``IAEA'') for the purpose of supporting the establishment of an
international nuclear fuel bank to maintain a reserve of low-enriched
uranium for reactor fuel to provide to eligible countries in the case
of a disruption in the supply of reactor fuel by normal market
mechanisms.
(b) Requirements.--Voluntary contributions under subsection (a) may
be provided only if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that--
(1) the IAEA has received pledges in a total amount of not
less than $100,000,000 and is in receipt of not less than
$75,000,000 of such pledges for the purpose of supporting the
establishment of the international nuclear fuel bank referred
to in subsection (a);
(2) the international nuclear fuel bank referred to in
subsection (a) will be established within the territory of a
non-nuclear weapon state, and will be under the oversight of
the IAEA, only if--
(A) the non-nuclear weapon state, among other
things--
(i) has a full scope safeguards agreement
with the IAEA and an additional protocol for
safeguards in force;
(ii) has never been determined by the IAEA
Board of Governors to be in noncompliance with
its IAEA full scope safeguards agreement and
its additional protocol for safeguards; and
(iii) has effective enforceable export
controls regarding nuclear and dual-use nuclear
technology and other sensitive materials
comparable to those maintained by the United
States; and
(B) the Secretary of State has never determined,
for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), section 40 of the Arms Export Control Act
(22 U.S.C. 2780), or any other provision of law, that
the government of the non-nuclear weapon state has
repeatedly provided support for acts of international
terrorism;
(3) the international nuclear fuel bank referred to in
subsection (a) will provide nuclear reactor fuel to a country
only if, at the time of the request for nuclear reactor fuel--
(A) the country is in full compliance with its IAEA
safeguards agreement and has an additional protocol for
safeguards in force;
(B) in the case of a country that at any time prior
to the request for nuclear reactor fuel has been
determined to be in noncompliance with its IAEA
safeguards agreement, the IAEA Board of Governors
determines that the country has taken all necessary
actions to satisfy any concerns of the IAEA Director
General regarding the activities that led to the prior
determination of noncompliance;
(C) the country agrees to use the nuclear reactor
fuel in accordance with its IAEA safeguards agreement;
(D) the country has effective and enforceable
export controls regarding nuclear and dual-use nuclear
technology and other sensitive materials comparable to
those maintained by the United States;
(E) the country does not possess uranium enrichment
or spent-fuel reprocessing facilities of any scale; and
(F) the government of the country is not a state
sponsor of terrorism for purposes of section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), section 40 of the Arms Export
Control Act (22 U.S.C. 2780), or any other provision of
law;
(4) the international nuclear fuel bank referred to in
subsection (a) will not contain uranium enrichment or spent-
fuel reprocessing facilities; and
(5) the nuclear reactor fuel referred to in paragraph (3)
will be provided to a country referred to in such paragraph
only at current market prices.
(c) Waiver.--The President may waive the requirement of
subparagraph (F) of subsection (b)(3) if the President--
(1) determines that it is important to the national
security interests of the United States to do so; and
(2) transmits to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report that contains the basis of the
determination under paragraph (1).
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize voluntary contributions under subsection (a) to
support subsidization of the price of nuclear reactor fuel whose supply
would be assured by the United States, the IAEA, or any other state or
international entity covered by this section.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
President $50,000,000 for fiscal year 2008 to carry out section 201.
(b) Availability of Appropriations.--Amounts appropriated pursuant
to the authorization of appropriations under subsection (a) are
authorized to remain available until September 30, 2010. | International Nuclear Fuel for Peace and Nonproliferation Act of 2007 - States that it is U.S. policy to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency (IAEA).
Authorizes the President to make grant basis contributions to the IAEA for an international nuclear fuel bank to maintain a low-enriched uranium reserve of reactor fuel for eligible countries. Requires the President, prior to making such contributions, to certify to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that: (1) the IAEA has received specified monetary pledges for the international nuclear fuel bank; (2) the bank will be established in a non-nuclear weapon state under IAEA oversight; and (3) the bank will provide nuclear reactor fuel only to a country that is in full compliance with IAEA and other safeguards, agrees to use the nuclear reactor fuel in accordance with IAEA safeguards, does not operate uranium enrichment or spent-fuel reprocessing facilities, and is not a state sponsor of terrorism. | {"src": "billsum_train", "title": "A bill to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means and to authorize voluntary contributions to the International Atomic Energy Agency to support the establishment of an international nuclear fuel bank."} | 3,547 | 251 | 0.507951 | 1.509094 | 0.761984 | 4.096618 | 15.574879 | 0.966184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Federal Lands Management
Demonstration Project Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) established new and expanded units of the
National Park System and the National Wildlife Refuge System in
many areas of Alaska. The purposes of these conservation system
units include protection of habitat for fish and wildlife,
conservation of fish and wildlife populations, continued
opportunity for subsistence uses by local residents, and
protection of archeological sites associated with Alaska Native
cultures.
(2) Many rural Alaskan communities are in close proximity
to conservation system units and the purposes of these
conservation system units are uniquely relevant to the culture
and ways of Alaska Natives and other residents of rural Alaska
communities. Congress recognized this close relationship in
sections 1306, 1307, and 1308 of the Alaska National Interest
Lands Conservation Act, which directed the Secretary of the
Interior to establish programs whereby Alaska Native lands were
given preference for the siting of conservation system unit
facilities, Alaska Native corporations and local residents were
given preference for the provision of visitor services, and
local residents were given preference for employment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To promote innovative management strategies that are
designed to lead to greater efficiency in conservation system
unit management.
(2) To expand Alaska Native contracting opportunities.
(3) To increase local employment in Alaska.
(4) To further the unique purposes of conservation system
units as they relate to subsistence practices, Alaska Native
culture, and the conservation of fish and wildlife habitat and
populations.
SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall carry out a program within the
Department of the Interior to be known as the ``Alaska Federal Lands
Management Demonstration Project'' by which 12 Indian tribes or tribal
organizations may contract to perform construction, maintenance, data
collection, biological research, and harvest monitoring on conservation
system units in Alaska.
(b) Participation.--During each of the 2 fiscal years immediately
following the date of the enactment of this Act, the Secretary shall
select, in a manner to achieve geographic representation within Alaska,
not less than 6 eligible Indian tribes or tribal organizations per year
to participate in the demonstration project.
(c) Eligibility.--To be eligible to participate in the
demonstration project, an Indian tribe or tribal organization, shall--
(1) request participation by resolution or other official
action of the governing body of the Indian tribe or tribal
organization;
(2) demonstrate financial and management stability and
capability, as evidenced by the Indian tribe or tribal
organization having no unresolved significant and material
audit exceptions for the previous 3 fiscal years; and
(3) demonstrate significant use of or dependency upon the
relevant conservation system unit or other public land unit for
which programs, functions, services, and activities are
requested to be placed under contract.
(d) Priority.--If the Secretary receives a request to contract
specific conservation system unit programs, services, functions, and
activities, or portions thereof, from more than one Indian tribe or
tribal organization meeting the criteria set forth in subsection (c),
the Secretary shall apply the priority selection criteria applied by
the Alaska Region of the Bureau of Indian Affairs for contracting
pursuant to the Indian Self-Determination and Education Assistance Act.
If, after applying such criteria, more than one eligible Indian tribe
or tribal organization remains and such Indian tribes or tribal
organizations have overlapping requests to negotiate and contract for
the same programs, services, functions, and activities, or portions
thereof, the Secretary may require such Indian tribes or tribal
organizations to agree regarding which Indian tribe or tribal
organization shall have the ability to contract or to submit a joint
request prior to entering into negotiations.
(e) Planning Phase.--Each Indian tribe and tribal organization
selected by the Secretary to participate in the demonstration project
shall complete a planning phase prior to negotiating and entering into
a conservation system unit management contract. The planning phase
shall be conducted to the satisfaction of the Secretary, Indian tribe,
or tribal organization, and shall include--
(1) legal and budgetary research; and
(2) internal tribal planning and organizational
preparation.
(f) Contracts.--
(1) In general.--Upon request of a participating Indian
tribe or tribal organization that has completed the planning
phase pursuant to subsection (e), the Secretary shall negotiate
and enter into a contract with the Indian tribe or tribal
organization for the Indian tribe or tribal organization to
plan, conduct, and administer programs, services, functions,
and activities, or portions thereof, as described in subsection
(a), requested by the Indian tribe or tribal organization and
related to the administration of a conservation system unit
that is substantially located within the geographic region of
the Indian tribe or tribal organization.
(2) Time limitation for negotiation of contracts.--Not
later than 90 days after a participating Indian tribe or tribal
organization has notified the Secretary that it has completed
the planning phase required by subsection (e), the Secretary
shall initiate and conclude negotiations, unless an alternative
negotiation and implementation schedule is otherwise agreed to
by the parties. The declination and appeals provisions of the
Indian Self-Determination and Education Assistance Act,
including section 110 of such Act, shall apply to contracts and
agreements requested and negotiated under this Act.
(g) Contract Administration.--
(1) Inclusion of certain terms.--At the request of the
contracting Indian tribe or tribal organization, the benefits,
privileges, terms, and conditions of agreements entered into
pursuant to titles I and IV of the Indian Self-Determination
and Education Assistance Act may be included in a contract
entered into under this Act. If any provisions of the Indian
Self-Determination and Education Assistance Act are
incorporated, they shall have the same force and effect as if
set out in full in this Act and shall apply notwithstanding any
other provision of law. The parties may include such other
terms and conditions as are mutually agreed to and not
otherwise contrary to law.
(2) Audit.--Contracts entered into under this Act shall
provide for a single-agency audit report to be filed as
required by chapter 75 of title 31, United States Code.
(3) Transfer of employees.--Any career Federal employee
employed at the time of the transfer of an operation or program
to an Indian tribe or tribal organization shall not be
separated from Federal service by reason of such transfer.
Intergovernmental personnel actions may be used to transfer
supervision of such employees to the contracting Indian tribe
or tribal organization. Such transferred employees shall be
given priority placement for any available position within
their respective agency, notwithstanding any priority
reemployment lists, directives, rules, regulations, or other
orders from the Department of the Interior, the Office of
Management and Budget, or other Federal agencies.
(h) Available Funding; Payment.--Under the terms of a contract
negotiated pursuant to subsection (f), the Secretary shall provide each
Indian tribe or tribal organization funds in an amount not less than
the Secretary would have otherwise provided for the operation of the
requested programs, services, functions, and activities. Contracts
entered into under this Act shall provide for advance payments to the
tribal organizations in the form of annual or semiannual installments.
(i) Timing; Contract Authorization Period.--An Indian tribe or
tribal organization selected to participate in the demonstration
project shall complete the planning phase required by subsection (e)
not later than 1 calendar year after the date that it was selected for
participation and may begin implementation of its requested contract no
later than the first day of the next fiscal year. The Indian tribe or
tribal organization and the Secretary may agree to an alternate
implementation schedule. Contracts entered into pursuant to this Act
are authorized to remain in effect for 5 consecutive fiscal years,
starting from the fiscal year the participating Indian tribe or tribal
organization first entered into its contract under this Act.
(j) Report.--Not later than 90 days after the close of each of
fiscal years 2003 and 2006, the Secretary shall present to the Congress
detailed reports, including a narrative, findings, and conclusions on
the costs and benefits of this demonstration project. The reports shall
identify remaining institutional and legal barriers to the contracting
of conservation system unit management to Alaska Native entities and
shall contain recommendations for improving, continuing, and expanding
the demonstration project. The reports shall be authored jointly with,
and shall include the separate views of, all participating Indian
tribes and tribal organizations.
(k) Limitations.--
(1) Revenue producing visitor services.--Contracts
authorized under this Act shall not include revenue-producing
visitor services, unless an agreement is reached with the most
directly affected Alaska Native corporations to allow such
services to be included in the contract. Such contracts shall
not otherwise repeal, alter, or otherwise modify section 1307
or 1308 of the Alaska National Interests Lands Conservation
Act.
(2) Contracts.--Contracts authorized under this Act shall
not grant or include any authority to administer or otherwise
manage or oversee permits, licenses, or contracts related to
sport hunting and fishing guiding activities.
(3) Denali national park.--The Denali National Park shall
not be subject to any of the provisions of this Act.
(4) State's management authority for fish and wildlife.--
Nothing in this Act is intended to enlarge or diminish the
responsibility and authority of the State of Alaska for
management of fish and wildlife.
(l) Planning Grants.--
(1) In general.--Subject to the availability of
appropriated funds, upon application the Secretary shall award
a planning grant in the amount of $100,000 to any Indian tribe
or tribal organization selected for participation in the
demonstration project to enable it to plan for the contracting
of programs, functions, services, and activities as authorized
under this Act and meet the planning phase requirement of
subsection (e). An Indian tribe or tribal organization may
choose to meet the planning phase requirement without applying for a
grant under this subsection. No Indian tribe or tribal organization may
receive more than 1 grant under this subsection.
(2) Authorization of appropriations.--There is authorized
to be appropriated $600,000 for each of the 2 fiscal years
immediately following the date of the enactment of this Act to
fund planning grants under this section.
SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION
PROJECT.
(a) In General.--The Secretary shall enter into contracts,
compacts, or funding agreements under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River
Basin Moose Co-Management Team, Inc., upon receipt of authorizing
resolutions from its member tribal or village councils, to establish a
demonstration project providing programs, functions, services, and
activities of the Koyukuk and Kanuti National Wildlife Refuges.
(b) Assignment of Employees.--To the maximum extent possible,
contracts and compacts under subsection (a) shall provide that the
United States Fish and Wildlife Service shall assign employees assigned
to the Koyukuk and Kanuti National Wildlife Refuges to the contractor
pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.)
with all such employees maintained as Federal employees retaining all
benefits and status of Federal service.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) Conservation system unit.--The term ``conservation
system unit'' shall have the meaning given that term in section
102(4) of the Alaska National Interest Lands Conservation Act.
(2) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal organization.--The term ``tribal organization''
shall have the meaning given that term in section 4(l) of the
Indian Self-Determination and Education Assistance Act. | Alaska Federal Lands Management Demonstration Project Act - Directs the Secretary of the Interior to conduct an Alaska Federal Lands Management Demonstration Project under which up to 12 Indian tribes or tribal organizations may contract to perform construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska.Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year to participate in the Project.Specifies eligibility requirements and priority selection criteria.Requires selected tribes and tribal organizations to complete a planning phase before contracting with the Secretary to perform specified services or functions related to conservation and allocation actions by regional Federal subsistence advisory councils.Permits the inclusion in a contract, at the tribe or tribal organization's request, of benefits, privileges, terms, and conditions of agreements entered under the Indian Self-Determination and Education Assistance Act.Excludes from authorized contracts: (1) revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected; and (2) authority to administer, manage, or oversee permits, licenses, or contracts related to sport hunting and fishing guiding activities. Declares that Denali National Park shall not be subject to this Act.Provides for planning grants, as funds permit.Authorizes appropriations.Directs the Secretary to establish a demonstration project with the Koyukuk River Basin Moose Co-Management Team, Inc., for the provision of services at the Koyukuk and Kanuti National Wildlife Refuges.Authorizes the use of intergovernmental personnel actions to assign Federal employees to the contractor while retaining their Federal employment status. | {"src": "billsum_train", "title": "To expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes."} | 2,597 | 365 | 0.620801 | 1.838355 | 0.838546 | 3.89899 | 8.309764 | 0.915825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support of American Eagle Silver
Bullion Program Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Eagle silver bullion coin leads the global
market, and is the largest and most popular silver coin program
in the United States;
(2) established in 1986, the American Eagle silver bullion
program is the most successful silver bullion program in the
world;
(3) from fiscal year 1995 through fiscal year 2001, the
American Eagle silver bullion program generated--
(A) revenues of $264,100,000; and
(B) sufficient profits to significantly reduce the
national debt;
(4) with the depletion of silver reserves in the Defense
Logistic Agency's Strategic and Critical Materials Stockpile,
it is necessary for the Department of the Treasury to acquire
silver from other sources in order to preserve the American
Eagle silver bullion program;
(5) with the ability to obtain silver from other sources,
the United States Mint can continue the highly successful
American Eagle silver bullion program, exercising sound
business judgment and market acquisition practices in its
approach to the silver market, resulting in continuing
profitability of the program;
(6) in 2001, silver was commercially produced in 12 States,
including, Alaska, Arizona, California, Colorado, Idaho,
Missouri, Montana, Nevada, New Mexico, South Dakota, Utah, and
Washington;
(7) Nevada is the largest silver producing State in the
Nation, producing--
(A) 17,500,000 ounces of silver in 2001; and
(B) 34 percent of United States silver production
in 2000;
(8) the mining industry in Idaho is vital to the economy of
the State, and the Silver Valley in northern Idaho leads the
world in recorded silver production, with over 1,100,000,000
ounces of silver produced between 1884 and 2001;
(9) the largest, active silver producing mine in the Nation
is the McCoy/Cove Mine in Nevada, which produced more than
107,000,000 ounces of silver between 1989 and 2001;
(10) the mining industry in Idaho--
(A) employs more than 3,000 people;
(B) contributes more than $900,000,000 to the Idaho
economy; and
(C) produces $70,000,000 worth of silver per year;
(11) the silver mines of the Comstock lode, the premier
silver producing deposit in Nevada, brought people and wealth
to the region, paving the way for statehood in 1864, and giving
Nevada its nickname as ``the Silver State'';
(12) mines in the Silver Valley--
(A) represent an important part of the mining
history of Idaho and the United States; and
(B) have served in the past as key components of
the United States war effort; and
(13) silver has been mined in Nevada throughout its
history, with every significant metal mining camp in Nevada
producing some silver.
SEC. 3. PURCHASE OF SILVER BY THE SECRETARY OF THE TREASURY.
(a) Purchase of Silver.--
(1) In general.--Section 5116(b)(2) of title 31, United
States Code, is amended by inserting after the second sentence
the following: ``At such time as the silver stockpile is
depleted, the Secretary shall obtain silver as described in
paragraph (1) to mint coins authorized under section 5112(e).
If it is not economically feasible to obtain such silver, the
Secretary may obtain silver for coins authorized under section
5112(e) from other available sources. The Secretary shall not
pay more than the average world price for silver under any
circumstances. As used in this paragraph, the term `average
world price' means the price determined by a widely recognized
commodity exchange at the time the silver is obtained by the
Secretary.''.
(2) Rulemaking authority.--The Secretary of the Treasury
shall issue regulations to implement the amendments made by
paragraph (1).
(b) Study Required.--
(1) Study.--The Secretary of the Treasury shall conduct a
study of the impact on the United States silver market of the
coins minted and issued under section 5112(e) of title 31,
United States Code, commonly referred to as the ``American
Eagle silver bullion program''.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report of the study conducted under paragraph (1) to
the chairman and ranking minority member of--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Financial Services of the
House of Representatives.
(c) Annual Report.--
(1) In general.--The Director of the United States Mint
shall prepare and submit to Congress an annual report on the
purchases of silver made pursuant to this Act and the
amendments made by this Act.
(2) Concurrent submission.--The report required by
paragraph (1) may be incorporated into the annual report of the
Director of the United States Mint on the operations of the
mint and assay offices, referred to in section 1329 of title
44, United States Code. | Support of American Eagle Silver Bullion Program Act - Requires the Secretary of the Treasury to obtain silver from other available sources when the U.S. silver stockpile is depleted. Prohibits the Secretary from paying more than the average world price for silver under any circumstances. | {"src": "billsum_train", "title": "To authorize the Secretary of the Treasury to purchase silver on the open market when the silver stockpile is depleted, to be used to mint coins."} | 1,091 | 63 | 0.491325 | 1.227064 | 0.59403 | 4.446809 | 22.510638 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Technology Transfer Act''.
SEC. 2. ENERGY TECHNOLOGY TRANSFER.
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is
amended to read as follows:
``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
``(a) Grants.--Not later than 18 months after the date of enactment
of the Energy Technology Transfer Act, the Secretary shall make grants
to nonprofit institutions, State and local governments, cooperative
extension services, or institutions of higher education (or consortia
thereof), to establish a geographically dispersed network of Advanced
Energy Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services of such
Centers. In making awards under this section, the Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and information about advanced energy efficiency
methods and technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
``(A) about a variety of technologies; and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would
significantly expand on or fill a gap in existing programs in a
geographical region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to encourage
demonstration and commercial application of advanced energy methods and
technologies through education and outreach to building and industrial
professionals, and to other individuals and organizations with an
interest in efficient energy use. Funds awarded under this section may
be used for the following activities:
``(1) Developing and distributing informational materials
on technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy
methods and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in the
dissemination of knowledge and information on technologies that
could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building heating
and cooling systems, for a wide range of energy end-users.
``(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
``(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this section
shall submit to the Secretary an application in such form and
containing such information as the Secretary may require. The Secretary
may award a grant under this section to an entity already in existence
if the entity is otherwise eligible under this section. The application
shall include, at a minimum--
``(1) a description of the applicant's outreach program,
and the geographic region it would serve, and of why the
program would be capable of transferring knowledge and
information about advanced energy technologies that increase
efficiency of energy use;
``(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and
of any other organizations that will help facilitate a regional
approach to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic
region to be served;
``(4) an estimate of the number and types of energy end-
users expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the following criteria, at a minimum:
``(1) The ability of the applicant to carry out the
proposed activities.
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate,
such as State and local governments, utilities, institutions of
higher education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach
program for carrying out the program described in this section.
``(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the Secretary
shall require cost-sharing in accordance with the requirements of
section 988 for commercial application activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
``(2) Initial evaluation.--Each grantee under this section
shall be evaluated during its third year of operation under
procedures established by the Secretary to determine if the
grantee is accomplishing the purposes of this section described
in subsection (a). The Secretary shall terminate any grant that
does not receive a positive evaluation. If an evaluation is
positive, the Secretary may extend the grant for 3 additional
years beyond the original term of the grant.
``(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3 additional
years beyond the original extension.
``(4) Limitation.--No grantee may receive more than 11
years of support under this section without reapplying for
support and competing against all other applicants seeking a
grant at that time.
``(g) Prohibition.--None of the funds awarded under this section
may be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods
and technologies that promote energy efficiency and
conservation, including distributed generation technologies,
and life-cycle analysis of energy use.
``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this
section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat and
power, that serves electric consumers at or near the site of
production.
``(4) Cooperative extension.--The term `Cooperative
Extension' means the extension services established at the
land-grant colleges and universities under the Smith-Lever Act
of May 8, 1914.
``(5) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act); and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(i) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there are
authorized to be appropriated for the program under this section such
sums as may be appropriated.''. | Energy Technology Transfer Act - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to award grants for a five-year period to nonprofit institutions, state and local governments, cooperative extension services, or institutions of higher education to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, located in areas the Secretary determines have the greatest need of their services.
Requires the Secretary to: (1) give priority to applicants already operating or partnered with an outreach program capable of transferring such knowledge and information about advanced energy efficiency methods and technologies; (2) give preference to those that would significantly expand on or fill a gap in existing programs in a geographical region; and (3) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
Sets forth Center activities and operations. Prescribes selection criteria.
Prohibits the use of grant funds for facilities construction. | {"src": "billsum_train", "title": "To provide for the establishment of centers to encourage demonstration and commercial application of advanced energy methods and technologies."} | 1,626 | 201 | 0.719576 | 2.093645 | 0.911602 | 5.832432 | 8.47027 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Standards for Aircraft
to Improve Resilience Act of 2016'' or the ``Cyber AIR Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier (as those terms
are defined in section 40102 of title 49, United States Code).
(2) Covered manufacturer.--The term ``covered
manufacturer'' means an entity that--
(A) manufactures or otherwise produces aircraft and
holds a production certificate under section 44704(c)
of title 49, United States Code; or
(B) manufactures or otherwise produces electronic
control, communications, maintenance, or ground support
systems for aircraft.
(3) Cyberattack.--The term ``cyberattack'' means the
unauthorized access to aircraft electronic control or
communications systems or maintenance or ground support systems
for aircraft, either wirelessly or through a wired connection.
(4) Critical software systems.--The term ``critical
software systems'' means software systems that can affect
control over the operation of an aircraft.
(5) Entry point.--The term ``entry point'' means the means
by which signals to control a system on board an aircraft or a
maintenance or ground support system for aircraft may be sent
or received.
SEC. 3. DISCLOSURE OF CYBERATTACKS BY THE AVIATION INDUSTRY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
regulations requiring covered air carriers and covered manufacturers to
disclose to the Federal Aviation Administration any attempted or
successful cyberattack on any system on board an aircraft, whether or
not the system is critical to the safe and secure operation of the
aircraft, or any maintenance or ground support system for aircraft,
operated by the air carrier or produced by the manufacturer, as the
case may be.
(b) Use of Disclosures by the Federal Aviation Administration.--The
Administrator of the Federal Aviation Administration shall use the
information obtained through disclosures made under subsection (a) to
improve the regulations required by section 4 and to notify air
carriers, aircraft manufacturers, and other Federal agencies of
cybersecurity vulnerabilities in systems on board an aircraft or
maintenance or ground support systems for aircraft.
SEC. 4. INCORPORATION OF CYBERSECURITY INTO REQUIREMENTS FOR AIR
CARRIER OPERATING CERTIFICATES AND PRODUCTION
CERTIFICATES.
(a) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Defense, the Secretary of Homeland Security, the
Attorney General, the Federal Communications Commission, and the
Director of National Intelligence, shall prescribe regulations to
incorporate requirements relating to cybersecurity into the
requirements for obtaining an air carrier operating certificate or a
production certificate under chapter 447 of title 49, United States
Code.
(b) Requirements.--In prescribing the regulations required by
subsection (a), the Secretary shall--
(1) require all entry points to the electronic systems of
each aircraft operating in United States airspace and
maintenance or ground support systems for such aircraft to be
equipped with reasonable measures to protect against
cyberattacks, including the use of isolation measures to
separate critical software systems from noncritical software
systems;
(2) require the periodic evaluation of the measures
described in paragraph (1) for security vulnerabilities using
best security practices, including the appropriate application
of techniques such as penetration testing, in consultation with
the Secretary of Defense, the Secretary of Homeland Security,
the Attorney General, the Federal Communications Commission,
and the Director of National Intelligence; and
(3) require the measures described in paragraph (1) to be
periodically updated based on the results of the evaluations
conducted under paragraph (2).
SEC. 5. ANNUAL REPORT ON CYBERATTACKS ON AIRCRAFT SYSTEMS AND
MAINTENANCE AND GROUND SUPPORT SYSTEMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Administrator of
the Federal Aviation Administration shall submit to the appropriate
committees of Congress a report on attempted and successful
cyberattacks on any system on board an aircraft, whether or not the
system is critical to the safe and secure operation of the aircraft,
and on maintenance or ground support systems for aircraft, that
includes--
(1) the number of such cyberattacks during the year
preceding the submission of the report;
(2) with respect to each such cyberattack--
(A) an identification of the system that was
targeted;
(B) a description of the effect on the safety of
the aircraft as a result of the cyberattack; and
(C) a description of the measures taken to counter
or mitigate the cyberattack;
(3) recommendations for preventing a future cyberattack;
(4) an analysis of potential vulnerabilities to
cyberattacks in systems on board an aircraft and in maintenance
or ground support systems for aircraft; and
(5) recommendations for improving the regulatory oversight
of aircraft cybersecurity.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6. MANAGING CYBERSECURITY RISKS OF CONSUMER COMMUNICATIONS
EQUIPMENT.
(a) In General.--The Commercial Aviation Communications Safety and
Security Leadership Group established by the memorandum of
understanding between the Department of Transportation and the Federal
Communications Commission entitled ``Framework for DOT-FCC Coordination
of Commercial Aviation Communications Safety and Security Issues'' and
dated January 29, 2016 (in this section known as the ``Leadership
Group''), shall be responsible for evaluating the cybersecurity
vulnerabilities of broadband wireless communications equipment designed
for consumer use on board aircraft operated by covered air carriers
that is installed before, on, or after, or is proposed to be installed
on or after, the date of the enactment of this Act.
(b) Responsibilities.--To address cybersecurity risks arising from
malicious use of communications technologies on board aircraft operated
by covered air carriers, the Leadership Group shall--
(1) ensure the development of effective methods for
preventing foreseeable cyberattacks that exploit broadband
wireless communications equipment designed for consumer use on
board such aircraft; and
(2) require the implementation by covered air carriers,
covered manufacturers, and communications service providers of
all technical and operational security measures that are deemed
necessary and sufficient by the Leadership Group to prevent
cyberattacks described in paragraph (1).
(c) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Leadership Group shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on--
(A) the technical and operational security measures
developed to prevent foreseeable cyberattacks that
exploit broadband wireless communications equipment
designed for consumer use on board aircraft operated by
covered air carriers; and
(B) the steps taken by covered air carriers,
covered manufacturers, and communications service
providers to implement the measures described in
subparagraph (A).
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex. | Cybersecurity Standards for Aircraft to Improve Resilience Act of 2016 or the Cyber AIR Act This bill directs the Department of Transportation (DOT) to require domestic or foreign air carriers and manufacturers of aircraft or electronic control, communications, maintenance, or ground support systems for aircraft to disclose to the Federal Aviation Administration (FAA) any attempted or successful cyberattack against any system on board an aircraft or against any maintenance or ground support system for aircraft. The FAA shall use the information obtained through such disclosures to: (1) improve the regulations (to be prescribed by DOT) to incorporate requirements relating to cybersecurity into the requirements for obtaining an air carrier operating certificate or a production certificate; and (2) notify air carriers, aircraft manufacturers, and other federal agencies of cybersecurity vulnerabilities in systems on board an aircraft or maintenance or ground support systems for aircraft. In prescribing such regulations, DOT must require: (1) all entry points to the electronic systems of each aircraft operating in U.S. airspace and maintenance or ground support systems for such aircraft to be equipped with reasonable measures to protect against cyberattacks; and (2) the periodic evaluation of, and updates to, such measures for security vulnerabilities using best security practices. The FAA must report to Congress annually on attempted and successful cyberattacks against any system on board an aircraft and against maintenance or ground support systems for aircraft. The Commercial Aviation Communications Safety and Security Leadership Group shall: (1) be responsible for evaluating the cybersecurity vulnerabilities of certain broadband wireless communications equipment designed for consumer use on board aircraft; and (2) require the implementation by air carriers, manufacturers, and communications service providers of technical and operational security measures it deems necessary to prevent cyberattacks that exploit such equipment. | {"src": "billsum_train", "title": "Cyber AIR Act"} | 1,618 | 349 | 0.726244 | 2.411188 | 0.906373 | 4.712121 | 4.50303 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Outcomes, Planning, and
Education for Alzheimer's Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) As many as half of the estimated 5.2 million Americans
with Alzheimer's disease have never received a diagnosis.
(2) An early and documented diagnosis and access to care
planning services leads to better outcomes for individuals with
Alzheimer's disease and other dementias and their caregivers.
(3) Combining the existing Medicare benefits of a
diagnostic evaluation and care planning into a single package
of services would help ensure that individuals receive an
appropriate diagnosis as well as critical information about the
disease and available care options, which leads to better
outcomes.
(4) An accurate diagnosis allows for better management of
other known chronic conditions and more efficient utilization
of medical resources, including reducing complications and the
number of costly emergency room visits and hospitalizations.
(5) A formal diagnosis allows individuals and their
caregivers to have access to available medical and non-medical
treatments, build a care team, participate in support services,
and enroll in clinical trials.
(6) Undertaking the diagnostic process potentially allows
cognitive impairment to be reversed, as the cognitive
impairment of nine percent of individuals experiencing
dementia-like symptoms is due to a potentially reversible
cause, such as depression or vitamin deficiency.
(b) Purpose.--The purpose of this Act is to increase diagnosis of
Alzheimer's disease and related dementias, leading to better care and
outcomes for Americans living with Alzheimer's disease and related
dementias.
SEC. 3. MEDICARE COVERAGE OF COMPREHENSIVE ALZHEIMER'S DISEASE
DIAGNOSIS AND SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by adding ``and'' at the end of subparagraph
(FF); and
(C) by adding at the end the following new
subparagraph:
``(GG) comprehensive Alzheimer's disease diagnosis and
services (as defined in subsection (iii));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Alzheimer's Disease Diagnosis and Services
``(iii)(1) The term `comprehensive Alzheimer's disease diagnosis
and services' means the services described in paragraph (2) furnished
to an individual--
``(A) who does not already have a diagnosis of Alzheimer's
disease; and
``(B) for whom a physician or a practitioner described in
clause (i), (iv), or (v) of section 1842(b)(18)(C), in a
medical setting such as a physician's office, a hospital, a
skilled nursing facility, a community health center, or another
similar medical setting--
``(i) has detected the individual may have a
cognitive impairment or dementia; and
``(ii) pursuant to such detection, has determined a
diagnostic evaluation for Alzheimer's disease is
needed.
``(2) The services described in this paragraph are the following:
``(A) A diagnostic evaluation, including referral to a
specialist if recommended.
``(B) If the individual is diagnosed with Alzheimer's
disease under the diagnostic evaluation under subparagraph (A),
care planning services (with the individual, with the personal
representative of the individual, or with one or more family
caregivers of the individual with or without the presence of
the individual), including assistance understanding the
diagnosis as well as the medical and non-medical options for
ongoing treatment, services, and supports, and information
about how to obtain such treatments, services, and supports.
Such care planning services for individuals diagnosed with
Alzheimer's disease should take into consideration and address
other co-morbid chronic conditions.
``(C) Medical record documentation, with respect to an
individual, of the diagnostic evaluation under subparagraph
(A), the diagnosis, and any care planning services under
subparagraph (B).
``(3) In this subsection--
``(A) the term `Alzheimer's disease' means Alzheimer's
disease and related dementias; and
``(B) the term `personal representative' means, with
respect to an individual, a person legally authorized to make
health care decisions on such individual's behalf.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended by striking ``and'' before ``(Z)'' and
inserting before the semicolon at the end the following: ``, and (AA)
with respect to comprehensive Alzheimer's disease diagnosis and
services (as defined in section 1861(iii)), the amount paid shall be an
amount equal to 80 percent of the amount determined under a fee
schedule designated by the Secretary''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1 of the year following
the year which includes the date of the enactment of this Act. | Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to provide for comprehensive Alzheimer's disease diagnosis and services. | {"src": "billsum_train", "title": "Health Outcomes, Planning, and Education for Alzheimer's Act"} | 1,170 | 47 | 0.590639 | 1.358307 | 0.751592 | 4.5 | 31.647059 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Refugee Infiltration
Prevention Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Country containing terrorist-controlled territory.--The
phrase ``country containing terrorist-controlled territory''
means--
(A) Iraq, Libya, Somalia, Syria, and Yemen; and
(B) any other country designated by the Secretary
of State pursuant to section 4(a).
(2) Refugee.--The term ``refugee'' has the meaning given
the term in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)).
(3) Substantial assistance.--The phrase ``substantial
assistance'' means a level of assistance without which the
United States could not achieve the purposes for which the
assistance was provided or sought.
(4) Victim of genocide.--The term ``victim of genocide''
has the meaning given the term in Article II of the United
Nations Convention on the Prevention and Punishment of the
Crime of Genocide, opened for signature in Paris on December 9,
1948.
SEC. 3. PROHIBITION ON REFUGEES FROM TERRORIST-CONTROLLED TERRITORIES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, an alien may not be
admitted to the United States under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) if the alien is a national of, has
habitually resided in, or is claiming refugee status due to events in
any country containing terrorist-controlled territory.
(b) Exception.--
(1) In general.--An alien otherwise prohibited from
admission to the United States under subsection (a) may be
admitted to the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) if the alien
clearly proves, beyond doubt, that he or she--
(A) satisfies the requirements for admission as a
refugee; and
(B) is a member of a group that has been designated
by the Secretary of State or by an Act of Congress as a
victim of genocide.
(2) National security threat.--An alien may not be admitted
under paragraph (1) unless--
(A) the alien has undergone the highest level of
security screening of any category of traveler to the
United States, including assessments by the Department
of State, the Department of Defense, the Department of
Homeland Security, the Federal Bureau of Investigation
Terrorist Screening Center, and the National
Counterterrorism Center;
(B) full multi-modal biometrics of the alien have
been taken, including face, iris, and all fingerprints;
and
(C) the Secretary of State, the Secretary of
Defense, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and
the Director of National Intelligence certify that such
alien is not a threat to the national security of the
United States.
(c) Applicability.--Subsections (a) and (b) shall not apply to any
alien seeking admission under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) if the Secretary of State, the
Secretary of Defense, the Secretary of Homeland Security, and the
Director of National Intelligence certify that the alien--
(1) provided substantial assistance to the United States;
and
(2) would face a substantial risk of death or serious
bodily injury because of that assistance if not admitted to the
United States.
SEC. 4. RESPONSIBILITIES OF THE SECRETARY OF STATE.
(a) Identification of Other Countries.--In addition to the
countries listed in section 2(1)(A), the Secretary of State may
designate, as a ``country containing terrorist-controlled territory'',
any country containing territory that is controlled, in substantial
part, by a Foreign Terrorist Organization, as designated by the
Secretary of State under section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189), to the exclusion of that country's recognized
government.
(b) List of Countries Containing Terrorist-Controlled Territory.--
The Secretary of State shall--
(1) maintain and continually update a list of the countries
containing terrorist-controlled territory; and
(2) continuously make available the list described in
paragraph (1)--
(A) on the Secretary's Web site;
(B) to the Secretary of Homeland Security;
(C) to Congress; and
(D) to the public.
(c) Victims of Genocide.--The Secretary of State shall--
(1) identify all groups that are victims of genocide;
(2) maintain and continually update a list of the groups
that the Secretary or Congress has identified as victims of
genocide; and
(3) continuously make available the list described in
paragraph (2)--
(A) on the Secretary's Web site;
(B) to the Secretary of Homeland Security;
(C) to Congress; and
(D) to the public.
(d) National Security Threat.--The Secretary of State may refuse to
designate a group for the exception under section 3(b)(1)(B) if the
Secretary determines that the group poses a substantial security risk
to the United States.
SEC. 5. RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY.
(a) Rulemaking.--The Secretary of Homeland Security shall issue
regulations to implement section 3 as soon as practicable.
(b) Limit of Alien Assertions.--The Secretary of Homeland Security
may not admit any alien into the United States under this Act solely
based on the assertions of such alien.
(c) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of State, the Secretary of Defense, the
Director of the Federal Bureau of Investigation, and the Director of
National Intelligence to substantiate, as much as reasonably
practicable, the assertions made by aliens seeking admission to the
United States.
SEC. 6. EFFECTIVE PERIOD.
This Act shall be effective during the 3-year period beginning on
the date of the enactment of this Act. | Terrorist Refugee Infiltration Prevention Act of 2015 This bill prohibits the U.S. refugee admission of an alien who is a national of, has habitually resided in, or is claiming refugee status due to events in any country containing terrorist-controlled territory (Iraq, Libya, Somalia, Syria, Yemen, and any other Department of State-designated country). Such an alien may be admitted to the United States as a refugee if the alien: satisfies refugee admission requirements; is a member of a group designated by the State Department or by an Act of Congress as a victim of genocide (and the group does not pose a risk to U.S. security); has undergone the highest level of security screening of any category of traveler to the United States, including full multi-modal biometrics; and the State Department, the Department of Defense (DOD), the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the Director of National Intelligence (DNI) certify that such alien is not a threat to U.S. national security. These requirements shall not apply to the U.S. refugee admission of an alien who: (1) provided substantial assistance to the United States, and (2) would face a substantial risk of death or serious bodily injury because of that assistance if not admitted to the United States. The State Department may designate as a country containing terrorist-controlled territory any country containing territory controlled, in substantial part, by a foreign terrorist organization to the exclusion of that country's recognized government. The State Department shall maintain and continually update a list of: (1) the countries containing terrorist-controlled territory, and (2) groups identified as victims of genocide. An alien may not be admitted into the United States under this Act solely based on his or her assertions, and DHS must substantiate any such assertions with the State Department, DOD, the FBI, and the DNI. | {"src": "billsum_train", "title": "Terrorist Refugee Infiltration Prevention Act of 2015"} | 1,399 | 438 | 0.657151 | 2.015375 | 0.765588 | 4.554377 | 3.228117 | 0.920424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smartphone Theft Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mobile device theft costs consumers $30,000,000,000
each year, according to the Federal Communications Commission;
(2) 1 in 3 robberies include the theft of a mobile device;
(3) carriers, manufacturers, law enforcement, and the
Federal Communications Commission have worked to address the
growing trend of mobile device theft, but more remains to be
done;
(4) consumers deserve to have the most secure technology
available to protect them and their information;
(5) technological protections continue to develop, evolve,
and improve in ways that are good for the economy and the
consumers of the United States, and for public safety in the
United States;
(6) the wireless industry should work with law enforcement
to educate consumers about the security tools that are
available to them and how to keep their data, their devices,
and themselves safe; and
(7) because engineering and security needs change rapidly,
the mobile device industry, law enforcement, and consumer
advocates are best suited to proactively develop solutions to
protect consumers, drive innovation, and deter theft.
SEC. 3. FUNCTION FOR STOLEN MOBILE DEVICES.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. FUNCTION FOR STOLEN MOBILE DEVICES.
``(a) Definitions.--In this section--
``(1) the term `account holder', with respect to a mobile
device--
``(A) means the person who holds the account
through which commercial mobile service or commercial
mobile data service is provided on the device; and
``(B) includes a person authorized by the person
described in subparagraph (A) to take actions with
respect to the device;
``(2) the term `commercial mobile data service' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
``(3) the term `commercial mobile service' has the meaning
given the term in section 332; and
``(4) the term `mobile device' means a personal electronic
device on which commercial mobile service or commercial mobile
data service is provided.
``(b) Requirements.--
``(1) Function.--A provider of commercial mobile service or
commercial mobile data service on a mobile device shall make
available on the device a function that--
``(A) may only be used by the account holder; and
``(B) includes the capability to remotely--
``(i) delete or render inaccessible from
the device all information relating to the
account holder that has been placed on the
device;
``(ii) render the device inoperable on the
network of any provider of commercial mobile
service or commercial mobile data service
globally, even if the device is turned off or
has the data storage medium removed;
``(iii) prevent the device from being
reactivated or reprogrammed without a passcode
or similar authorization after the device has
been--
``(I) rendered inoperable as
described in clause (ii); or
``(II) subject to an unauthorized
factory reset; and
``(iv) reverse any action described in
clause (i), (ii), or (iii) if the device is
recovered by the account holder.
``(2) Device standards.--A person may not manufacture in
the United States, or import into the United States for sale or
resale to the public, a mobile device unless the device is
configured in such a manner that the provider of commercial
mobile service or commercial mobile data service on the device
may make available on the device the function required under
paragraph (1).
``(3) Exemptions for functionally equivalent technology.--
``(A) Mobile service providers.--The Commission may
exempt a provider of commercial mobile service or
commercial mobile data service on a mobile device from
the requirement under paragraph (1), with respect to
that device, if the provider makes available on the
device technology that accomplishes the functional
equivalent of the function required under paragraph
(1).
``(B) Manufacturers and importers.--The Commission
may exempt a person from the requirement under
paragraph (2), with respect to a mobile device that the
person manufactures in the United States or imports
into the United States for sale or resale to the
public, if the device is configured in such a manner
that the provider of commercial mobile service or
commercial mobile data service on the device may make
available on the device technology that accomplishes
the functional equivalent of the function required
under paragraph (1).
``(4) Waiver for low-cost, voice-only mobile devices.--The
Commission may waive the applicability of the requirements
under paragraphs (1) and (2) with respect to any low-cost
mobile device that--
``(A) is intended for primarily voice-only mobile
service; and
``(B) may have limited data consumption functions
focused on text messaging or short message service.
``(c) No Fee.--A provider of commercial mobile service or
commercial mobile data service on a mobile device may not charge the
account holder any fee for making the function described in subsection
(b)(1), or any equivalent technology described in subsection (b)(3)(A),
available to the account holder.
``(d) Forfeiture Penalty.--
``(1) In general.--Any person that is determined by the
Commission, in accordance with paragraphs (3) and (4) of
section 503(b), to have violated subsection (b) or (c) of this
section shall be liable to the United States for a forfeiture
penalty, in an amount to be determined by the Commission.
``(2) Other penalties.--A forfeiture penalty under this
subsection shall be in addition to any other penalty provided
for in this Act.
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit a manufacturer of mobile devices, or a provider
of commercial mobile service or commercial mobile data service, from
taking actions not described in this section to protect consumers from
the theft of mobile devices.''.
(b) Applicability of Function Requirement.--
(1) Definition.--In this subsection, the term ``mobile
device'' has the meaning given the term in section 343 of the
Communications Act of 1934, as added by subsection (a).
(2) Applicability.--Except as provided in paragraph (3),
section 343 of the Communications Act of 1934, as added by
subsection (a), shall apply with respect to any mobile device
that, on or after January 1, 2015, is--
(A) manufactured in the United States; or
(B) imported into the United States for sale to the
public.
(3) Compliance extensions.--The Federal Communications
Commission may exempt a person that is subject to any
requirement under section 343(b) of the Communications Act of
1934, as added by subsection (a), from that requirement for a
temporary period after the date described in paragraph (2) of
this subsection, upon a showing by the person that the person
requires more time to be able to comply with the requirement. | Smartphone Theft Prevention Act - Amends the Communications Act of 1934 to require commercial mobile service providers to make available on mobile devices a function that an account holder may use remotely to: (1) delete or render inaccessible all information relating to the account holder that has been placed on the device; (2) render the device inoperable on the global networks of such service providers, even if the device is turned off or has the data storage medium removed; (3) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been rendered inoperable or has been subject to an unauthorized factory reset; and (4) reverse any such actions if the device is recovered by the account holder. Prohibits a mobile device from being manufactured in the United States or imported into the United States for sale or resale to the public, unless the device is configured in such a manner that a service provider may make such remote deletion and inoperability functions available on the device. Allows the Federal Communications Commission (FCC) to waive such requirements with respect to any low-cost mobile device that: (1) is intended primarily for voice-only mobile service, and (2) may have limited data consumption functions focused on text messaging or short message service. Prohibits service providers from charging a fee for making such remote deletion and inoperability functions available. | {"src": "billsum_train", "title": "Smartphone Theft Prevention Act"} | 1,616 | 304 | 0.506222 | 1.581545 | 0.757457 | 4.038023 | 5.893536 | 0.920152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Consent Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States Preventive Services Task Force
(USPSTF) issued findings and recommendations against screening
for suicide that corroborate those of the Canadian Preventive
Services Task Force. ``USPSTF found no evidence that screening
for suicide risk reduces suicide attempts or mortality. There
is limited evidence on the accuracy of screening tools to
identify suicide risk in the primary care setting, including
tools to identify those at high risk.''.
(2) The 1999 Surgeon General's report on mental health
admitted the serious conflicts in the medical literature
regarding the definitions of mental health and mental illness
when it said, ``In other words, what it means to be mentally
healthy is subject to many different interpretations that are
rooted in value judgments that may vary across cultures. The
challenge of defining mental health has stalled the development
of programs to foster mental health (Secker, 1998). . . .''.
(3) A 2005 report by the National Center for Infant and
Early Childhood Health Policy admitted, with respect to the
psychiatric screening of children from birth to age 5, the
following: ``We have mentioned a number of the problems for the
new field of IMH [Infant Mental Health] throughout this paper,
and many of them complicate examining outcomes.''. Briefly,
such problems include:
(A) Lack of baseline
(B) Lack of agreement about diagnosis.
(C) Criteria for referrals or acceptance into
services are not always well defined.
(D) Lack of longitudinal outcome studies.
(E) Appropriate assessment and treatment requires
multiple informants involved with the young child:
parents, clinicians, child care staff, preschool staff,
medical personnel, and other service providers.
(F) Broad parameters for determining socioemotional
outcomes are not clearly defined, although much
attention is now being given to school readiness.
(4) Authors of the bible of psychiatric diagnosis, the
Diagnostic and Statistical Manual, admit that the diagnostic
criteria for mental illness are vague, saying, ``DSM-IV
criteria remain a consensus without clear empirical data
supporting the number of items required for the diagnosis. . .
. Furthermore, the behavioral characteristics specified in DSM-
IV, despite efforts to standardize them, remain subjective. . .
.'' (American Psychiatric Association Committee on the
Diagnostic and Statistical Manual (DSM-IV 1994), pp. 1162-
1163).
(5) Because of the subjectivity of psychiatric diagnosis,
it is all too easy for a psychiatrist to label a person's
disagreement with the psychiatrist's political beliefs a mental
disorder.
(6) Efforts are underway to add a diagnosis of ``extreme
intolerance'' to the Diagnostic and Statistical Manual.
Prisoners in the California State penal system judged to have
this extreme intolerance based on race or sexual orientation
are considered to be delusional and are being medicated with
anti-psychotic drugs. (Washington Post 12/10/05)
(7) At least one federally-funded school violence
prevention program has suggested that a child who shares his or
her parent's traditional values may be likely to instigate
school violence.
(8) Despite many statements in the popular press and by
groups promoting the psychiatric labeling and medication of
children, that ADD/ADHD is due to a chemical imbalance in the
brain, the 1998 National Institutes of Health Consensus
Conference said, ``. . . further research is necessary to
firmly establish ADHD as a brain disorder. This is not unique
to ADHD, but applies as well to most psychiatric disorders,
including disabling diseases such as schizophrenia. . . .
Although an independent diagnostic test for ADHD does not
exist. . . . Finally, after years of clinical research and
experience with ADHD, our knowledge about the cause or causes
of ADHD remains speculative.''.
(9) There has been a precipitous increase in the
prescription rates of psychiatric drugs in children:
(A) The use of antipsychotic medication in children
has increased nearly fivefold between 1995 and 2002
with more than 2.5 million children receiving these
medications, the youngest being 18 months old.
(Vanderbilt University, 2006)
(B) More than 2.2 million children are receiving
more than one psychotropic drug at one time with no
scientific evidence of safety or effectiveness. (Medco
Health Solutions, 2006)
(C) More money was spent on psychiatric drugs for
children than on antibiotics or asthma medication in
2003. (Medco Trends, 2004)
(10) A September 2004 Food and Drug Administration hearing
found that more than two-thirds of studies of antidepressants
given to depressed children showed that they were no more
effective than placebo, or sugar pills, and that only the
positive trials were published by the pharmaceutical industry.
The lack of effectiveness of antidepressants has been known by
the Food and Drug Administration since at least 2000 when,
according to the Food and Drug Administration Background
Comments on Pediatric Depression, Robert Temple of the Food and
Drug Administration Office of Drug Evaluation acknowledged the
``preponderance of negative studies of antidepressants in
pediatric populations''. The Surgeon General's report said of
stimulant medication like Ritalin, ``However, psychostimulants
do not appear to achieve long-term changes in outcomes such as
peer relationships, social or academic skills, or school
achievement.''.
(11) The Food and Drug Administration finally acknowledged
by issuing its most severe Black Box Warnings in September
2004, that the newer antidepressants are related to suicidal
thoughts and actions in children and that this data was hidden
for years. A confirmatory review of that data published in 2006
by Columbia University's department of psychiatry, which is
also the originator of the TeenScreen instrument, found that
``in children and adolescents (aged 6-18 years), antidepressant
drug treatment was significantly associated with suicide
attempts . . . and suicide deaths. . . . ''. The Food and Drug
Administration had over 2000 reports of completed suicides from
1987 to 1995 for the drug Prozac alone, which by the agency's
own calculations represent but a fraction of the suicides.
Prozac is the only such drug approved by the Food and Drug
Administration for use in children.
(12) Other possible side effects of psychiatric medication
used in children include mania, violence, dependence, weight
gain, and insomnia from the newer antidepressants; cardiac
toxicity including lethal arrhythmias from the older
antidepressants; growth suppression, psychosis, and violence
from stimulants; and diabetes from the newer anti-psychotic
medications.
(13) Parents are already being coerced to put their
children on psychiatric medications and some children are dying
because of it. Universal or mandatory mental health screening
and the accompanying treatments recommended by the President's
New Freedom Commission on Mental Health will only increase that
problem. Across the country, Patricia Weathers, the Carroll
Family, the Johnston Family, and the Salazar Family were all
charged or threatened with child abuse charges for refusing or
taking their children off of psychiatric medications.
(14) The United States Supreme Court in Pierce versus
Society of Sisters (268 U.S. 510 (1925)) held that parents have
a right to direct the education and upbringing of their
children.
(15) Universal or mandatory mental health screening
violates the right of parents to direct and control the
upbringing of their children.
(16) Federal funds should never be used to support programs
that could lead to the increased over-medication of children,
the stigmatization of children and adults as mentally disturbed
based on their political or other beliefs, or the violation of
the liberty and privacy of Americans by subjecting them to
invasive ``mental health screening'' (the results of which are
placed in medical records which are available to government
officials and special interests without the patient's consent).
SEC. 3. PROHIBITION AGAINST FEDERAL FUNDING OF UNIVERSAL OR MANDATORY
MENTAL HEALTH SCREENING.
(a) Universal or Mandatory Mental Health Screening Program.--No
Federal funds may be used to establish or implement any universal or
mandatory mental health, psychiatric, or socioemotional screening
program.
(b) Refusal to Consent as Basis of a Charge of Child Abuse or
Education Neglect.--No Federal education funds may be paid to any local
educational agency or other instrument of government that uses the
refusal of a parent or legal guardian to provide express, written,
voluntary, informed consent to mental health screening for his or her
child as the basis of a charge of child abuse, child neglect, medical
neglect, or education neglect until the agency or instrument
demonstrates that it is no longer using such refusal as a basis of such
a charge.
(c) Definition.--For purposes of this Act, the term ``universal or
mandatory mental health, psychiatric, or socioemotional screening
program''--
(1) means any mental health screening program in which a
set of individuals (other than members of the Armed Forces or
individuals serving a sentence resulting from conviction for a
criminal offense) is automatically screened without regard to
whether there was a prior indication of a need for mental
health treatment; and
(2) includes--
(A) any program of State incentive grants for
transformation to implement recommendations in the July
2003 report of the President's New Freedom Commission
on Mental Health, the State Early Childhood
Comprehensive System, grants for TeenScreen, and the
Foundations for Learning Grants; and
(B) any student mental health screening program
that allows mental health screening of individuals
under 18 years of age without the express, written,
voluntary, informed consent of the parent or legal
guardian of the individual involved. | Parental Consent Act of 2007 - Prohibits federal funds from being used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program.
Prohibits federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.
Defines a screening program under this Act as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of state incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved. | {"src": "billsum_train", "title": "To prohibit the use of Federal funds for any universal or mandatory mental health screening program."} | 2,187 | 269 | 0.417043 | 1.320693 | 0.647676 | 7.7173 | 8.451477 | 0.983122 |
SECTION 1. SECTION 102(g) OF PUBLIC LAW 103-236.
Section 102(g) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by inserting ``for the United Nations and its
affiliated agencies in'' before ```Contributions for
International Organizations''';
(2) by striking ``reduced'' and inserting ``withheld'';
(3) by striking ``each of the fiscal years 1994 and'' and
inserting ``fiscal year'';
(4) by striking ``unless'' and inserting ``until'';
(5) by inserting ``, to the best of his knowledge,'' after
``that'';
(6) by striking ``States'' and inserting ``nations''; and
(7) by striking the comma after ``promotes'' and inserting
``and''.
SEC. 2. SECTION 121 OF PUBLIC LAW 103-236.
Section 121 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(d)(1)--
(1) by striking ``and the Director of the United States
Information Agency'' and inserting ``, the Director of the
United States Information Agency or the Administrator of the
Agency for International Development''; and
(2) by striking ``or the United States Information Agency''
and inserting ``, the United States Information Agency or the
Agency for International Development''.
SEC. 3. SECTION 123 OF PUBLIC LAW 103-236.
Section 38 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2710, as recently amended by section 123 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236)) is amended in subsection (c) by inserting ``personal and''
before ``other support services''.
SEC. 4. SECTION 127 OF PUBLIC LAW 103-236.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (44 Stat.
887, 22 U.S.C. 211a, as recently amended by section 127(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995) is
amended--
(1) by inserting ``such'' before ``other employees''; and
(2) by striking the comma after ``United States''.
SEC. 5. SECTION 129(b) OF PUBLIC LAW 103-236.
Section 129 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b)
by striking ``of'' after ``attendance'' and inserting ``at''.
SEC. 6. SECTION 139 OF PUBLIC LAW 103-236.
Section 139 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in subsection (20) by striking ``2349aa'' and inserting
``4858(b)'';
(2) by striking subsection (25); and
(3) by redesignating subsections (26) and (27) as
subsections (25) and (26) respectively.
SEC. 7. SECTION 140(c) OF PUBLIC LAW 103-236.
Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (2) of
subsection (c) by striking ``serious loss of life or property'' and
inserting ``serious injury, loss of life, or significant destruction of
property''.
SEC. 8. SECTION 142(a) OF PUBLIC LAW 103-236.
Section 142 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in paragraph (2) of subsection (a) by striking the
comma after ``not''; and
(2) in paragraph (3) of subsection (a) by inserting a comma
after ``because''.
SEC. 9. SECTION 161(a) OF PUBLIC LAW 103-236.
Section 1 of the State Department Basic Authorities Act of 1956 (as
recently amended by section 161(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is
amended in paragraph (2) of subsection (a) by inserting ``and the
Deputy Secretary of State'' after ``Secretary''.
SEC. 10. SECTION 161(b) OF PUBLIC LAW 103-236.
Section 161 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b)
by striking ``133'' and inserting ``162''.
SEC. 11. SECTION 161(f)(2) OF PUBLIC LAW 103-236.
Section 161 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (2) of
subsection (f)--
(1) by striking ``the principal duty of negotiations for'';
(2) in clause (A) by striking ``Increased'' and inserting
``The principal duty of negotiating increased''; and
(3) in clause (B) by striking ``Recoupment'' and inserting
``In consultation with the Department of Defense, assist in
negotiations with the host governments for the recoupment''.
SEC. 12. SECTION 162(g) OF PUBLIC LAW 103-236.
The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (as
recently amended by section 162(g) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is
amended--
(1) in subsection 103(a)(2) by striking ``operations'' and
inserting ``operation''; and
(2) by redesignating sections 106 and 107 as sections 104
and 105 respectively.
SEC. 13. SECTION 162(q) OF PUBLIC LAW 103-236.
Section 162 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (q)
by striking ``2655'' and inserting ``2655a''.
SEC. 14. SECTION 179 OF PUBLIC LAW 103-236.
Section 179 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b)
by striking ``individual holding a career or career candidate
appointment'' and inserting ``individuals holding career or career
candidate appointments''.
SEC. 15. SECTION 180(a) OF PUBLIC LAW 103-236.
The Foreign Service Act of 1980 (as recently amended by section
180(a) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995) is amended--
(1) in section 311--
(A) by striking the title of the section and
inserting ``United States Citizens Hired Abroad.''; and
(B) in subsection (d) by inserting ``by reason of
such employment'' after ``eligible''.
(2) in section 610(a)(2) by inserting ``(other than a
United States citizen employed under section 311 who is not a
family member of a United States government employee assigned
abroad)'' after ``A member of the Service''.
SEC. 16. SECTION 181(c) OF PUBLIC LAW 103-236.
Section 181 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (c)
by striking the ``)'' after ``system'' and inserting ``)'' after ``that
agency''.
SEC. 17. SECTION 182(a) OF PUBLIC LAW 103-236.
Section 182 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)
by striking ``has'' and inserting ``have''.
SEC. 18. SECTION 409(d) OF PUBLIC LAW 103-236.
Section 409 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by striking
subsection (d).
SEC. 19. SECTION 506 OF PUBLIC LAW 103-236.
Part 1 of title 18, United States Code (as recently amended by
section 506 of (Public Law 103-236) is amended in paragraph (1) of
section 2340 (relating to the definition of torture) by striking
``with'' and inserting ``within his''.
SEC. 20. SECTION 564 OF PUBLIC LAW 103-236.
Section 564 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)
by striking ``primary or secondary'' and inserting ``secondary or
tertiary''.
SEC. 21. EXTENSION OF PILOT VISA WAIVER PROGRAM.
Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187)
is amended in subsection (f) by striking ``1994'' and inserting
``1995''.
SEC. 22. TRANSFER OF FUNDS.
The Secretary of State is authorized to transfer from the
Department of State's ``Diplomatic and Consular Programs''
appropriation up to $2,500,000 of the amount appropriated in Title XI,
Chapter 2 of the Dire Emergency Supplemental Appropriations Act, 1992,
Including Disaster Assistance to Meet the Present Emergencies Arising
From the Consequences of Hurricane Andrew, Typhoon Omar, Hurricane
Iniki, and Other Natural Disasters, and Additional Assistance to
Distressed Communities (Public Law 102-368) to appropriations available
to the General Services Administration which shall be obligated and
expended by that agency for the purchase of real property for use by
the Department of State for its Miami Regional Center, and shall be
available for the same time period as the appropriation from which
transferred.
SEC. 23. SECTION 315 OF PUBLIC LAW 103-236.
(a) Section 315 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b) respectively.
(b) Section 503 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1463) is hereby expressly revived.
SEC. 24. USIA RESTRUCTURING--AMENDMENT TO FULBRIGHT-HAYS ACT.
Section 112 of the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2460), is amended--
(1) in subsection (a) by--
(A) striking ``The Bureau'' at the beginning of the
second sentence and inserting ``Except as provided in
subsection (f), the Bureau'';
(B) striking paragraph (4); and
(C) renumbering paragraphs (5) through (9) as (4)
through (8), respectively; and
(2) by inserting the following new subsection at the end:
``(f) The American Cultural Centers and Libraries Program and the
Academic Specialists Program, which are established pursuant to this
Act, shall be managed, coordinated, and overseen by the Bureau of
Information in the United States Information Agency.''.
SEC. 25. APPROPRIATIONS AUTHORITIES.
Subsection (f) of section 701 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476 (f)) is amended--
(1) in paragraph (1)--
(A) by striking ``the second'' and inserting
``either''; and
(B) by striking ``such second'' and inserting
``such''; and
(2) by striking paragraph 4. | Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions.
Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice.
Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995.
Authorizes the Secretary of State to transfer a specified amount from the Department of State's Diplomatic and Consular Programs appropriation to appropriations available to the General Services Administration for the purchase of real property for use by the Department of State for its Miami Regional Center.
Revives provisions of the United States Information and Educational Exchange Act of 1948 regarding Voice of America. | {"src": "billsum_train", "title": "To make technical corrections to the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 (P.L. 103-236)."} | 2,751 | 259 | 0.435426 | 1.37944 | 0.658909 | 2.819444 | 11.282407 | 0.736111 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Assisting Family
Farmers through Insurance Reform Measures Act'' or the ``AFFIRM Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Adjusted gross income and per person limitations on share of
insurance premiums paid by Corporation.
Sec. 3. Cap on reimbursements for administrative and operating expenses
of crop insurance providers.
Sec. 4. Renegotiation of Standard Reinsurance Agreement.
Sec. 5. Cap on overall rate of return for crop insurance providers.
Sec. 6. Prohibition on premium subsidy for harvest price policies.
Sec. 7. Crop insurance premium subsidies disclosure in the public
interest.
SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF
INSURANCE PREMIUMS PAID BY CORPORATION.
Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(1)) is amended--
(1) by striking ``For the purpose'' and inserting the
following:
``(A) Payment authority.--For the purpose''; and
(2) by adding at the end the following:
``(B) Adjusted gross income limitation.--The
Corporation shall not pay a part of the premium for
additional coverage for any person or legal entity that
has an average adjusted gross income (as defined in
section 1001D(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(a))) in excess of $250,000.
``(C) Per person limitation.--The Corporation shall
not pay more than $40,000 per reinsurance year to any
person or legal entity for premiums under this
section.''.
SEC. 3. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES
OF CROP INSURANCE PROVIDERS.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following:
``(G) Additional cap on reimbursements.--
``(i) In general.--Notwithstanding
subparagraphs (A) through (F), total
reimbursements for administrative and operating
costs for the 2015 reinsurance year for all
types of policies and plans of insurance shall
not exceed $900,000,000.
``(ii) Adjustment.--For the 2016 and each
subsequent reinsurance year, the dollar amount
in effect pursuant to clause (i) shall be
increased by the same inflation factor as
established for the administrative and
operating costs cap in the 2011 Standard
Reinsurance Agreement.''.
SEC. 4. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(8)) is amended by striking subparagraph (F).
SEC. 5. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.
Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(3)) is amended--
(1) by striking ``(3) Share of risk.--The'' and inserting
the following:
``(3) Risk.--
``(A) Share of risk.--The''; and
(2) by adding at the end the following:
``(B) Cap on overall rate of return.--The target
rate of return for all the companies combined for the
2015 reinsurance year and each subsequent reinsurance
year shall be 8.9 percent of retained premium.''.
SEC. 6. PROHIBITION ON PREMIUM SUBSIDY FOR HARVEST PRICE POLICIES.
Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e))
is amended by adding at the end the following:
``(9) Prohibition on premium subsidy for harvest price
policies.--Notwithstanding any other provision of law and
beginning with the 2016 reinsurance year, the Corporation may
not pay any amount of premium subsidy in the case of a policy
or plan of insurance that is based on the actual market price
of an agricultural commodity at the time of harvest.''.
SEC. 7. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC
INTEREST.
Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C.
1502(c)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D) respectively; and
(2) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) Disclosure in the public interest.--
Notwithstanding paragraph (1) or any other provision of
law, except as provided in subparagraph (B), the
Secretary shall on an annual basis make available to
the public--
``(i)(I) the name of each individual or
entity who obtained a federally subsidized crop
insurance, livestock, or forage policy or plan
of insurance during the previous fiscal year;
``(II) the amount of premium subsidy
received by the individual or entity from the
Corporation; and
``(III) the amount of any Federal portion
of indemnities paid in the event of a loss
during that fiscal year for each policy
associated with that individual or entity; and
``(ii) for each private insurance provider,
by name--
``(I) the underwriting gains earned
through participation in the federally
subsidized crop insurance program; and
``(II) the amount paid under this
subtitle for--
``(aa) administrative and
operating expenses;
``(bb) any Federal portion
of indemnities and reinsurance;
and
``(cc) any other purpose.
``(B) Limitation.--The Secretary shall not disclose
information pertaining to individuals and entities
covered by a catastrophic risk protection plan offered
under section 508(b).''. | Assisting Family Farmers through Insurance Reform Measures Act or the AFFIRM Act This bill amends the Federal Crop Insurance Act to require the Department of Agriculture (USDA) to reduce federal crop insurance payments and disclose details regarding subsidies. The bill prohibits premium subsidies: (1) for additional coverage for any person or legal entity that has an average adjusted gross income that exceeds $250,000, (2) that exceed $40,000 per year for any person or legal entity, or (3) for policies that are based on the actual market price of an agricultural commodity at the time of harvest. The bill establishes an annual cap on total reimbursements for administrative and operating costs of crop insurance providers that begins at $900 million for 2015 and is adjusted for inflation in each subsequent year. The overall rate of return for insurance providers is capped at 8.9%. The bill eliminates a requirement that any renegotiated Standard Insurance Agreement (SRA) be budget-neutral. (The SRA is an agreement between USDA and the private companies that administer the federal crop insurance program that specifies details such as administrative and operating expense reimbursements and risk sharing. Eliminating the budget neutrality requirement permits USDA to use the renegotiation of the SRA to achieve savings.) USDA must annually disclose to the public specified details regarding the recipients and amounts of federal crop insurance subsidies. | {"src": "billsum_train", "title": "AFFIRM Act"} | 1,406 | 282 | 0.609899 | 1.882715 | 0.762909 | 2.417969 | 4.539063 | 0.769531 |
SECTION 1. COMMERCIAL DRIVER'S LICENSE SKILLS TESTING AND RETESTING.
(a) In General.--Section 31305 of title 49, United States Code, is
amended by adding at the end the following:
``(e) CDL Skills Testing and Retesting Wait Times.--
``(1) In general.--Beginning not later than February 7,
2020, the Secretary shall carry out a program to ensure that
States conduct in a timely manner skills tests and retests for
individuals applying for a CDL.
``(2) Compliance with program requirements.--For purposes
of section 31311(a), a State shall not be considered to be in
compliance with the requirements of the program for a fiscal
year if the Secretary determines as of the first day of the
fiscal year that--
``(A) in the case of a State that prohibits or
currently does not authorize public and private
commercial driving schools, or independent CDL testing
facilities, from offering a CDL skills test as a third-
party tester, there was a skills test delay at 3 or
more CDL skills test locations in the State during--
``(i) 2 consecutive calendar quarters in
the preceding 12-month period; or
``(ii) 3 calendar quarters in the preceding
18-month period;
``(B) in the case of a State that has 2 or fewer
CDL skills test locations, there was a skills test
delay at any skills test location; or
``(C) the State failed to submit reports in
accordance with paragraph (4) in the preceding 12-month
period.
``(3) Information systems.--In carrying out the program,
the Secretary shall add, or require to be added, to an
information system described in section 31106 or 31309 (or
other provision of law as applicable) appropriate fields to
enter information concerning a CDL skills test location for the
purpose of permitting the Administration and States to easily
track and tabulate the number of days between certification and
skills tests and retests conducted at a CDL skills testing
location.
``(4) State reporting requirement.--Beginning on February
7, 2020, the Secretary shall require each State to submit to
the Secretary, on a quarterly basis, a report that describes
the status of skills testing for individuals applying for a CDL
at a CDL skills test location in the State, including--
``(A) the average wait time beginning on the date
an individual is certified by a training provider to
sit for the CDL skills test and ending on the date the
individual completes the test;
``(B) the average wait time beginning on the date
an individual fails a CDL skills test and ending on the
date the individual retakes the test;
``(C) the actual number of qualified CDL examiners
available to test applicants; and
``(D) the number of testing sites available through
the State agency responsible for administering the CDL
skills test and whether this number has increased or
decreased from the previous year.
``(5) Annual report to states.--Not later than October 1,
2020, and annually thereafter, the Secretary shall submit to
each State a report that compiles the average wait times of
such State, as described in subparagraphs (A) and (B) of
paragraph (4).
``(6) Annual report to congress.--Not later than February
1, 2021, and annually thereafter, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
``(A) contains a summary of the information
received from States in the preceding year under
paragraph (4); and
``(B) describes specific steps that the Secretary
is taking to address skills test delays in States that
have such delays.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Calendar quarter.--The term `calendar
quarter' means a 3-month period beginning on the first
day of January, April, July, or October.
``(B) CDL.--The term `CDL' means a commercial
driver's license, as that term is defined in section
31301.
``(C) CDL skills test location.--The term `CDL
skills test location' means a CDL skills test location
that is exclusively operated by a State and that
employs State employees who are responsible for
administering CDL skills testing.
``(D) Independent cdl testing facility.--The term
`independent CDL testing facility' means a CDL testing
facility that is not--
``(i) a CDL skills test location (as
defined in this paragraph);
``(ii) a public or private commercial
driving school; or
``(iii) a trucking company.
``(E) Physically absent.--The term `physically
absent', with respect to a scheduled skills test, means
that the individual scheduled to take the test was not
physically present--
``(i) at least 10 minutes before the test;
or
``(ii) for a longer period of time before
the test, as determined by the State but not to
exceed 1 hour.
``(F) Skills test delay.--
``(i) In general.--The term `skills test
delay' means, with respect to a calendar
quarter, an average period in excess of 7
days--
``(I) in the case of an initial CDL
skills exam, beginning on the date an
individual is certified by a training
provider to sit for the CDL skills test
and ending on the date the individual
completes the test (after subtracting
from that period any day that is part
of a mandatory notification or waiting
period under Federal or State law); and
``(II) in the case of a CDL skills
retest, beginning on the date an
individual fails a CDL skills test and
ending on the date the individual
retakes the test (after subtracting
from that period any day that is part
of a mandatory notification or waiting
period under Federal or State law).
``(ii) Special rule.--For purposes of
clause (i), any individual scheduled to take a
skills exam who is physically absent from the
skills exam on the date scheduled shall be
recorded as a `no show'. Any State CDL test
location that has a `no show' percentage above
25 percent of total appointments scheduled at
that location shall not be counted toward the
State's average skill test delays.''.
(b) Withholding of Apportionments.--
(1) In general.--Section 31311(a) of title 49, United
States Code, is amended by adding at the end the following:
``(26) Beginning in fiscal year 2021, the State shall be in
compliance with the program requirements established under
section 31305(e), relating to commercial driver's license
skills testing and retesting wait times, as determined by the
Secretary under section 31305(e)(2).''.
(2) Availability of withheld amounts.--Section 31314(d) of
title 49, United States Code, is amended to read as follows:
``(d) Availability for Apportionment.--
``(1) In general.--Except as described in paragraph (2),
amounts withheld under this section from apportionment to a
State after September 30, 1995, are not available for
apportionment to the State.
``(2) Exception for cdl testing compliance.--If the
Secretary determines that a State that did not comply
substantially with paragraph (26) of section 31311(a) begins to
comply substantially with such paragraph, amounts withheld
under this section from apportionment to the State as a result
of the prior noncompliance shall be provided to the State in
the same manner as such amounts would have been provided if not
withheld.''.
(c) Notice to States.--If the Secretary of Transportation makes a
determination that a State does not comply substantially with section
31311(a)(26) of title 49, United States Code, the Secretary shall issue
a notice to such State that identifies any reason for such
determination.
(d) Compliance Plans.--A State having amounts withheld from
apportionment under section 31314 of title 49, United States Code, as a
result of noncompliance with the requirements of section 31311(a)(26)
of such title, shall submit to the Secretary of Transportation, not
later than 270 days after the date on which the State is notified of
the noncompliance, a plan to satisfy such requirements.
(e) Financial Assistance Program.--Section 31313(a)(3) of title 49,
United States Code, is amended--
(1) in subparagraph (D) by striking ``or'' at the end;
(2) in subparagraph (E) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(F) address delays in commercial driver's license
skills testing and retesting.''.
(f) Repeal.--Effective February 7, 2020, section 5506 of the FAST
Act (Public Law 119-94; 129 Stat. 1553), and the item relating to that
section in the table of contents in section 1(b) of that Act, are
repealed. | This bill requires the Department of Transportation (DOT) to establish requirements to ensure that states conduct commercial driver's license (CDL) skills tests and retests in a timely manner. DOT must require each state to submit quarterly reports that describe the status of skills testing for individuals applying for a CDL at a CDL skills test location in the state, including average wait times and the numbers of examiners and test sites available to applicants. DOT must also submit specified reports to the states and Congress regarding the information received from the states. Beginning in FY2021, the bill authorizes DOT to withhold certain highway funds from states that are not in compliance with specified requirements regarding CDL skills testing and retesting wait times. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to address delays in commercial driver's license skills testing and retesting, and for other purposes."} | 2,106 | 155 | 0.631038 | 1.727704 | 0.69613 | 3.148148 | 14.044444 | 0.792593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Opportunities for Recovery
Act of 2014''.
SEC. 2. OPIOID ADDICTION TREATMENT.
(a) In General.--The Administrator of the Substance Abuse and
Mental Health Services Administration, acting through the Director of
the Center for Substance Abuse Treatment (in this section referred to
as the ``Administrator'') shall award grants to States to expand access
to clinically appropriate services for opioid abuse, dependence, or
addiction.
(b) Requirements.--As conditions on the receipt of a grant under
this section, a State shall agree to comply with the following:
(1) The grant will be administered through the head of the
State's primary agency responsible for programs and activities
relating to the treatment of substance abuse.
(2) The services through the grant will be evidence-based
such as medication-assisted treatment for substance use
disorder.
(3) The services through the grant will be provided
according to a physician or a clinician's recommendation to
ensure that individuals receive the optimal level of substance
use disorder treatment for the amount of time that is deemed
medically necessary.
(4) The services through the grant will be provided
exclusively to individuals--
(A) who lack health insurance; or
(B) whose health insurance--
(i) does not cover such services; or
(ii) places other barriers on the receipt
of such services, such as--
(I) limiting coverage of such
services to a certain period of time;
or
(II) imposing non-quantitative
treatment limitations that are more
stringent than treatment limitations
imposed on other medical conditions
(such as a requirement to use less
expensive services, like out-patient
treatment, prior to more expensive, but
physician-recommended services, such as
in-patient or residential treatment).
(5) The grant will not be used to pay or subsidize the cost
of more than 60 consecutive days of opioid abuse, dependence,
or addiction treatment in the case of any individual.
(c) Permissible Provision of Medications.--In expanding access to
clinically appropriate services for opioid abuse, dependence, or
addiction through a grant under this section, a State may provide for
the use of medications, in conjunction with other treatment, so long
as--
(1) the medications are lawfully marketed under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(2) are clinically indicated to address the abuse,
dependence, or addiction; and
(3) are offered consistent with consumer choice.
(d) Coordination.--The Administrator shall coordinate the program
under this section with the program for prevention and treatment of
substance abuse under subpart II of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x-21 et seq.).
(e) Evaluation; Dissemination of Information; Technical
Assistance.--
(1) In general.--The Administrator shall--
(A) require States receiving a grant under this
section to report appropriate outcome measures
associated with use of the grant, including any--
(i) decreases in substance use;
(ii) changes in retention in care;
(iii) connections to the next appropriate
level of care;
(iv) decreases in involvement with criminal
justice activities; and
(v) other outcome data as appropriate;
(B) require States receiving a grant under this
section to report data on individuals' length of time
under clinically appropriate addiction treatment, and
the use of medication-assisted treatment;
(C) evaluate the activities supported by grants
under this section;
(D) submit to the Congress and the Secretary, and
make publicly available on the Internet site of the
Substance Abuse and Mental Health Services
Administration, information about the results of such
evaluation; and
(E) offer technical assistance to States receiving
a grant under this section regarding activities funded
through the grant.
(2) Use of certain funds.--Of the funds appropriated to
carry out this section for any fiscal year, 5 percent shall be
available to carry out activities under this subsection. | Expanding Opportunities for Recovery Act of 2014 - Requires the Administrator of the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. Requires states to use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services. | {"src": "billsum_train", "title": "Expanding Opportunities for Recovery Act of 2014"} | 888 | 78 | 0.547039 | 1.317609 | 1.285744 | 3.439394 | 12.878788 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treatment of Indian Tribal Natural
Resource Income Act of 1995''.
SEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL
RESOURCES ACTIVITIES.
(a) In General.--Subchapter C of chapter 80 of the Internal Revenue
Code of 1986 (relating to provisions affecting more than one subtitle)
is amended by adding at the end the following new section:
``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM
THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES.
``(a) In General.--
``(1) Income and self-employment taxes.--No tax shall be
imposed by subtitle A on income derived from a natural
resources-related activity conducted--
``(A) by a member of an Indian tribe directly or
through a qualified Indian entity; or
``(B) by a qualified Indian entity.
``(2) Employment taxes.--No tax shall be imposed by
subtitle C on remuneration paid for services performed in
natural resources-related activity by one member of a tribe for
another member of such tribe or for a qualified Indian entity.
``(b) Definitions.--For purposes of this section:
``(1) Natural resources-related activity.--The term
`natural resources-related activity' means, with respect to an
Indian tribe, any activity directly related to cultivating,
harvesting, processing, extracting, or transporting natural
resources held in trust by the United States for the benefit of
such tribe or directly related to selling such natural
resources but only if substantially all of the selling activity
is performed by members of such tribe.
``(2) Qualified indian entity.--
``(A) In general.--The term `qualified Indian
entity' means an entity--
``(i) engaged in a natural resources-
related activity of one or more Indian tribes;
``(ii) all of whose equity interests are
owned by such tribes or members of such tribes;
and
``(iii) substantially all of the management
functions of the entity are performed by
members of such tribes.
``(B) Entities engaged in processing or
transportation.--Except as provided in regulations
similar to regulations in effect under section
7873(b)(3)(A)(iii) on the date of the enactment of this
section, if an entity is engaged to any extent in any
processing or transporting of natural resources, the
term `qualified Indian entity' shall also include an
entity whose annual gross receipts are 90 percent or
more derived from natural resources-related activities
of one or more Indian tribes each of which owns at
least 10 percent of the equity interests in the entity.
For purposes of this subparagraph, equity interests
owned by a member of such a tribe shall be treated as
owned by the tribe.
``(c) Special Rules.--
``(1) Distributions from qualified indian entity.--For
purposes of this section, any distribution with respect to an
equity interest in a qualified Indian entity of one or more
Indian tribes to a member of one of such tribes shall be
treated as derived by such member from a natural resources-
related activity to the extent such distribution is
attributable to income derived by such entity from a natural
resources-related activity.
``(2) De minimis unrelated amounts may be excluded.--If,
but for this paragraph, all but a de minimis amount derived by
a qualified Indian tribal entity or by a tribal member through
such entity, or paid to an individual for services, would be
entitled to the benefits of subsection (a), then the entire
amount shall be so entitled.
``(d) No Inference Created.--Nothing in this title shall create any
inference as to the existence or non-existence or scope of any
exemption from tax for income derived from tribal rights secured as of
January 1, 1995, by any treaty, law, or Executive Order.''.
(b) Conforming Amendment.--The table of sections for subchapter C
of chapter 80 of such Code is amended by adding at the end the
following new item:
``Sec. 7874. Federal tax treatment of income derived by Indians from
the harvest of tribally owned natural
resources.''
(c) Effective Date.--The amendments made by this section shall
apply to periods before, on, or after the date of the enactment of this
Act. | Treatment of Indian Tribal Natural Resource Income Act of 1995 - Amends the Internal Revenue Code to exempt from Federal income tax income derived from a natural resources-related activity by Indians or a qualified Indian entity. Prohibits a tax on remuneration paid for services performed in a natural resources-related activity by one member of a tribe for another member of such tribe. Defines natural resources-related activity and qualified Indian entity. | {"src": "billsum_train", "title": "Treatment of Indian Tribal Natural Resource Income Act of 1995"} | 1,043 | 101 | 0.669427 | 1.534772 | 1.086758 | 4.777778 | 11.074074 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. Timely access
to emergency contraception could help many of these rape
survivors avoid the additional trauma of facing an unintended
pregnancy.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy if taken in the first 72 hours of sex.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills to women of
all ages.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Approximately one-third of women of reproductive age
remain unaware of emergency contraception. Therefore, women who
have been sexually assaulted are unlikely to ask for emergency
contraception.
(10) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
(11) Victims of sexual assault are at increased risk of
contracting sexually transmitted diseases.
(12) Some sexually transmitted infections cannot be
reliably cured if treatment is delayed, and may result in high
morbidity and mortality. HIV has killed over 520,000
individuals in the United States, and the Centers for Disease
Control and Prevention currently estimates that over 1,000,000
individuals in the United States are infected with the virus.
Even modern drug treatment has failed to cure infected
individuals. Nearly 60,000 individuals in the United States are
infected with hepatitis B each year, with some individuals
unable to fully recover. An estimated 1,250,000 individuals in
the United States remain chronically infected with the
hepatitis B virus and at present, 1 in 4 of those infected
individuals may expect to die of liver failure.
(13) It is possible to prevent some sexually transmitted
diseases by treating an exposed individual promptly. The use of
post-exposure prophylaxis using antiretroviral drugs has been
demonstrated to effectively prevent the establishment of HIV
infection. Hepatitis B infection may also be eliminated if an
exposed individual receives prompt treatment.
(14) The Centers for Disease Control and Prevention has
recommended risk evaluation and appropriate application of
post-exposure treatment for victims of sexual assault. For such
individuals, immediate treatment is the only means to prevent a
life-threatening infection.
(15) It is essential that all hospitals that provide
emergency medical treatment provide assessment and treatment of
sexually transmitted infections to minimize the harm to victims
of sexual assault.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under title XVIII of the Social Security Act or to a State, with
respect to services of a hospital, under title XIX of such Act, unless
the hospital meets the conditions specified in subsection (b) in the
case of--
(1) any woman who arrives at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who arrives at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as an over-the-counter
medication for women ages 18 and over and is a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner;
(B) emergency contraception is more effective the
sooner it is taken; and
(C) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug, drug regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)), and includes critical access hospitals, as
defined in section 1861(mm)(1) of such Act (42 U.S.C.
1395x(mm)(1)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall apply to all individuals.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section.
SEC. 4. PREVENTION OF SEXUALLY TRANSMITTED DISEASE.
(a) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)), and includes critical access hospitals, as
defined in section 1861(mm)(1) of such Act (42 U.S.C.
1395x(mm)(1)).
(2) Licensed medical professional.--The term ``licensed
medical professional'' means a doctor of medicine, doctor of
osteopathy, registered nurse, physician assistant, or any other
health care professional determined to be appropriate by the
Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall apply to all individuals.
(b) General Requirement.--Federal funds may not be provided to a
hospital under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or to a State, with respect to services of a hospital, under
title XIX of such Act (42 U.S.C. 1396 et seq.), unless the hospital
provides risk assessment, counseling, and treatment as required under
this section to a survivor of sexual assault described in subsection
(c).
(c) Survivors of Sexual Assault.--An individual is a survivor of a
sexual assault described in this subsection if the individual--
(1) arrives at the hospital and states that the individual
is a victim of sexual assault, or is accompanied to the
hospital by another individual who states that the first
individual is a victim of sexual assault; or
(2) arrives at the hospital and hospital personnel have
reason to believe the individual is a victim of sexual assault.
(d) Requirement for Risk Assessment, Counseling, and Treatment.--
The following shall apply with respect to a hospital described in
subsection (b):
(1) Risk assessment.--A hospital shall promptly provide a
survivor of a sexual assault with an assessment of the
individual's risk of contracting sexually transmitted
infections described in paragraph (2)(A), which assessment
shall be conducted by a licensed medical professional and be
based upon--
(A) available information regarding the assault as
well as the subsequent findings from medical
examination and any tests that may be conducted; and
(B) established standards of risk assessment, which
shall include consideration of any recommendations
established by the Centers for Disease Control and
Prevention, and may also incorporate consideration of
findings of peer-reviewed clinical studies and
appropriate research utilizing in vitro and non-human
primate models of infection.
(2) Counseling.--A hospital shall provide a survivor of a
sexual assault with advice, provided by a licensed medical
professional, concerning--
(A) significantly prevalent sexually transmitted
infections for which effective post-exposure
prophylaxis exists, and for which the deferral of
treatment would either significantly reduce treatment
efficacy or pose substantial risk to the individual's
health; and
(B) the requirement that prophylactic treatment for
infections described in subparagraph (A) shall be
provided to the individual upon request, regardless of
the ability of the individual or the individual's
family to pay for such treatment.
(3) Treatment.--A hospital shall provide a survivor of a
sexual assault, upon request, with prophylactic treatment for
infections described in paragraph (2)(A).
(4) Language.--Any information provided pursuant to this
subsection shall be in clear and concise language, be readily
comprehensible, and meet such conditions regarding the
provision of the information in languages other than English as
the Secretary may establish.
(5) Ability to pay.--The services described in paragraphs
(1) through (3) shall not be denied because of the inability of
the individual involved or the individual's family to pay for
the services.
(e) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require that a hospital provide prophylactic treatment
for a victim of sexual assault when risk assessment (according
to recommendations established by the Centers for Disease
Control and Prevention) clearly recommends against the
application of post-exposure prophylaxis;
(2) prohibit a hospital from seeking reimbursement for the
cost of services provided under this section to the extent that
health insurance may provide reimbursement for such services;
and
(3) establish a requirement that any victim of sexual
assault submit to diagnostic testing for the presence of any
infectious disease.
(f) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act of 2007 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; (4) provides the woman with risk assessment, counseling, and treatment for certain sexually transmitted infections; and (5) does not deny any such services because of the inability of the woman or her family to pay. | {"src": "billsum_train", "title": "A bill to provide for the provision by hospitals receiving Federal funds through the Medicare program or Medicaid program of emergency contraceptives to women who are survivors of sexual assault."} | 2,740 | 178 | 0.540177 | 1.577608 | 0.620395 | 3.828025 | 15.751592 | 0.961783 |
SECTION 1. DEATH GRATUITIES PAYABLE WITH RESPECT TO DECEASED MEMBERS OF
THE ARMED FORCES.
(a) Increased Amount of Death Gratuity.--Section 1478(a) of title
10, United States Code, is amended by striking ``$12,000'' in the first
sentence and inserting ``$100,000''.
(b) Additional Death Gratuity Payable to Child of Deceased.--
(1) Payment at age 21.--Section 1477 of such title is
amended by adding at the end the following new subsection:
``(e) Additional Death Gratuity for Dependent Children.--(1) If, in
the case of a death for which a death gratuity is payable under section
1475 or 1476 of this title, the deceased is survived by one or more
children described in subsection (b) who are under 18 years of age on
the date of the death, the Secretary concerned shall pay an additional
death gratuity to each such child when that child attains 21 years of
age.
``(2) A death gratuity payable to any person under this subsection
with respect to a death is in addition to any death gratuity that is
payable to that person under section 1475 or 1476 of this title with
respect to such death pursuant to subsection (a)(2).''.
(2) Amount.--
(A) Subsection (a) of section 1478 of such title,
as amended by subsection (a) of this section, is
further amended by inserting after the first sentence
the following new sentence: ``The death gratuity
payable to a child of a deceased person under section
1477(e) of this title shall be $25,000.''.
(B) Subsection (c) of such section is amended by
striking ``the amount'' and inserting ``each amount''.
(3) Conforming amendments.--(A) Section 1477(d) of such
title is amended by striking ``he receives the death
gratuity,'' and inserting ``receiving payment of a death
gratuity under section 1475 or 1476 of this title,''.
(B) Section 1479 of such title is amended--
(i) by striking ``immediate''; and
(ii) by inserting ``or 1477(e)'' after
``section 1475''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect as of October 1, 2001, and shall apply with respect to
deaths occurring on or after such date.
(2) Exception.--The amendment made by subsection (b)(2)(B)
shall take effect as of October 28, 2004, immediately following
the enactment of Public Law 108-375.
SEC. 2. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF CHILDREN OF
MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING
ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.
(a) Period of Eligibility.--Section 1079(g) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by striking the second sentence and inserting the
following:
``(2) In addition to any continuation of eligibility for benefits
under paragraph (1), when a member dies while on active duty for a
period of more than 30 days, the member's dependents who are receiving
benefits under a plan covered by subsection (a) shall continue to be
eligible for such benefits during the three-year period beginning on
the date of the member's death, except that, in the case of such a
dependent who is a child of the deceased, the period of continued
eligibility shall be the longer of the following periods beginning on
such date:
``(A) Three years.
``(B) The period ending on the date on which the child
attains 21 years of age.
``(C) In the case of a child of the deceased who, at 21
years of age, is enrolled in a full-time course of study in a
secondary school or in a full-time course of study in an
institution of higher education approved by the administering
Secretary and was, at the time of the member's death, in fact
dependent on the member for over one-half of the child's
support, the period ending on the earlier of the following
dates:
``(i) The date on which the child ceases to pursue
such a course of study, as determined by the
administering Secretary.
``(ii) The date on which the child attains 23 years
of age.
``(3) For the purposes of paragraph (2)(C), a child shall be
treated as being enrolled in a full-time course of study in an
institution of higher education during any reasonable period of
transition between the child's completion of a full-time course of
study in a secondary school and the commencement of an enrollment in a
full-time course of study in an institution of higher education, as
determined by the administering Secretary.
``(4) No charge may be imposed for any benefits coverage under this
chapter that is provided for a child for a period of continued
eligibility under paragraph (2), or for any benefits provided to such
child during such period under that coverage.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect as of October 1, 2001, and shall apply with
respect to deaths occurring on or after such date.
SEC. 3. INCREASE AND ENHANCEMENT OF DEPENDENCY AND INDEMNITY
COMPENSATION FOR SURVIVING SPOUSES.
(a) In General.--Subsection (a) of section 1311 of title 38, United
States Code, is amended--
(1) in paragraph (1), by striking ``$967'' and inserting
``$1,500'';
(2) in paragraph (2), by inserting ``or (4)'' after
``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(4) In the case of a surviving spouse who remarries, dependency
and indemnity compensation shall be paid to the surviving spouse at a
monthly rate equal to 50 percent of the monthly rate otherwise provided
under paragraph (1) for--
``(A) the first 60 months beginning after the date of such
remarriage; or
``(B) in the case of a surviving spouse with one or more
children below the age of 18, each month until the first month
beginning after the date on which each such child has attained
the age of 18.''.
(b) Rates for Surviving Spouses With Dependent Children.--Such
section is further amended--
(1) by striking subsection (b) and inserting the following
new subsection (b):
``(b)(1) If there is a surviving spouse with one or more children
below the age of 18, the dependency and indemnity compensation paid
monthly to the surviving spouse shall be increased by $750 for each
such child.
``(2)(A) Except as provided in subparagraph (B), the increase in
dependency and indemnity compensation payable to a surviving spouse
under paragraph (1) shall cease beginning with the first month
commencing after the month in which all children of the surviving
spouse have attained the age of 18.
``(B) The cessation under subparagraph (A) of the increase in
dependency and indemnity compensation payable to a surviving spouse
under paragraph (1) shall not occur with respect to any child of the
surviving spouse who, before attaining the age of 18, becomes
permanently incapable of support.''; and
(2) by striking subsection (e), as added by section 301(a)
of the Veterans Benefits Improvements Act of 2004 (Public Law
104-454).
(c) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1, 2001,
and shall apply with respect to months beginning on or after that date.
(2) The amendment made by subsection (b)(2) shall take effect on
the date of the enactment of this Act.
SEC. 4. EXPANSION AND ENHANCEMENT OF SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE.
(a) Termination of Durational Limitation on Use of Educational
Assistance.--
(1) Termination of limitation and restatement of continuing
requirements.--Subsection (a) of section 3511 of title 38,
United States Code, is amended to read as follows:
``(a)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of educational assistance
described in paragraph (2) shall not be charged against the entitlement
of any individual under this chapter.
``(2) The payment of educational assistance referred to in
paragraph (1) is the payment of such assistance to an individual for
pursuit of a course or courses under this chapter if the Secretary
finds that the individual--
``(A) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and
``(B) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the course
pursuit.''.
(2) Conforming amendments.--(A) The heading of section 3511
of such title is amended to read as follows:
``Sec. 3511. Treatment of certain interruptions in pursuit of programs
of education''.
(B) Section 3532(g) of such title, as amended by section
106(b)(3) of the Veterans Earn and Learn Act of 2004 (title I
of Public Law 108-454), is further amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2).
(C) Section 3541 of such title is amended to read as
follows:
``Sec. 3541. Special restorative training
``(a) The Secretary may, at the request of an eligible person--
``(1) determine whether such person is in need of special
restorative training; and
``(2) if such need is found to exist, prescribe a course
which is suitable to accomplish the purposes of this chapter.
``(b) A course of special restorative training under subsection (a)
may, at the discretion of the Secretary, contain elements that would
contribute toward an ultimate objective of a program of education.''.
(D) Section 3695(a)(4) of such title is amended by striking
``35,''.
(b) Extension of Delimiting Age of Eligibility for Dependents.--
Section 3512(a) of title 38, United States Code, is amended by striking
``twenty-sixth birthday'' each place it appears and inserting
``thirtieth birthday''.
(c) Amount of Educational Assistance.--
(1) In general.--Section 3532 of title 38, United States
Code, is amended to read as follows:
``Sec. 3532. Amount of educational assistance
``(a) The aggregate amount of educational assistance to which an
eligible person is entitled under this chapter is $80,000, as increased
from time to time under section 3564 of this title.
``(b) Within the aggregate amount provided for in subsection (a),
educational assistance under this chapter may be paid for any purpose,
and in any amount, as follows:
``(1) A program of education consisting of institutional
courses.
``(2) A full-time program of education that consists of
institutional courses and alternate phases of training in a
business or industrial establishment with the training in the
business or industrial establishment being strictly
supplemental to the institutional portion.
``(3) A farm cooperative program consisting of
institutional agricultural courses prescheduled to fall within
forty-four weeks of any period of twelve consecutive months
that is pursued by an eligible person who is concurrently
engaged in agricultural employment which is relevant to such
institutional agricultural courses as determined under
standards prescribed by the Secretary.
``(4) A course or courses or other program of special
educational assistance as provided in section 3491(a) of this
title.
``(5) A program of apprenticeship or other on-job training
pursued in a State as provided in section 3687(a) of this
title.
``(6) In the case of an eligible spouse or surviving
spouse, a program of education exclusively by correspondence as
provided in section 3686 of this title.
``(7) A special training allowance for special restorative
training as provided in section 3542 of this title.
``(c) If a program of education is pursued by an eligible person at
an institution located in the Republic of the Philippines, any
educational assistance for such person under this chapter shall be paid
at the rate of $0.50 for each dollar.
``(d)(1) Subject to paragraph (2), the amount of educational
assistance payable under this chapter for a licensing or certification
test described in section 3501(a)(5) of this title is the lesser of
$2,000 or the fee charged for the test.
``(2) In no event shall payment of educational assistance under
this subsection for such a test exceed the amount of the individual's
available entitlement under this chapter.''.
(2) Conforming amendments.--(A) Section 3533 of such title
is amended to read as follows:
``Sec. 3533. Tutorial assistance
``An eligible person shall, without any charge to any entitlement
of such person to educational assistance under section 3532(a) of this
title be entitled to the benefits provided an eligible veteran under
section 3492 of this title.''.
(B) Section 3534 of such title is repealed.
(C) Section 3542 of such title is amended--
(i) in subsection (a), by striking ``computed at
the basic rate'' and all that follows through the end
of the subsection and inserting a period; and
(ii) in subsection (b), by striking ``an
educational assistance allowance'' and inserting
``educational assistance''.
(D) Section 3543(c) of such title is amended--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2).
(E) Section 3564 of such title is amended by striking
``rates payable under sections 3532, 3534(b), and 3542(a)'' and
inserting ``aggregate amount of educational assistance payable
under section 3532''.
(F) Paragraph (1) of section 3565(b) of such title is
amended to read as follows:
``(1) educational assistance payable under section 3532 of
this title, including the special training allowance referred
to in subsection (b)(7) of such section, shall be paid at the
rate of $0.50 for each dollar; and''.
(G) Section 3687 of such title is amended--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1),
by striking ``or an eligible person (as defined
in section 3501(a) of this title)''; and
(II) in the flush matter following
paragraph (2), by striking ``chapters 34 and
35'' and inserting ``chapter 34'';
(ii) in subsection (c), by striking ``chapters 34
and 35'' and inserting ``chapter 34''; and
(iii) in subsection (e), as added by section 102(a)
of the Veterans Earn and Learn Act of 2004 (title I of
Public Law 108-454), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) In this subsection, the term `individual' means an eligible
veteran who is entitled to monthly educational assistance allowances
payable under section 3015(e) of this title.''.
(d) Other Conforming Amendments.--(1) Section 3524 of title 38,
United States Code, is amended by striking ``allowance'' each place it
appears.
(2)(A) Section 3531 of such title is amended--
(i) in subsection (a), by striking ``an educational
assistance allowance'' and inserting ``educational
assistance''; and
(ii) in subsection (b), by striking ``allowance''.
(B) The heading of such section is amended by striking
``allowance''.
(3) Section 3537(a) of such title is amended by striking
``additional''.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 35 of title 38, United States Code, is amended--
(1) by striking the item relating to section 3511 and
inserting the following new item:
``3511. Treatment of certain interruptions in pursuit of programs of
education.'';
(2) by striking the items relating to section 3531, 3532,
and 3533 and inserting the following new items:
``3531. Educational assistance.
``3532. Amount of educational assistance.
``3533. Tutorial assistance.'';
(3) by striking the item relating to section 3534; and
(4) by striking the item relating to section 3541 and
inserting the following new item:
``3541. Special restorative training.''.
(f) Effective Dates.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1, 2001.
(2) The amendments made by subsections (a)(2)(B) and (c)(2)(G)(iii)
shall take effect on the date of the enactment of this Act.
(3) Notwithstanding the effective date under paragraph (1) of the
amendment to section 3564 of title 38, United States Code, made by
subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the
first increase in the aggregate amount of educational assistance under
section 3532 of such title as required by such section 3564 (as so
amended) for fiscal year 2006. | Increases from $12,000 to $100,000 the death gratuity payable to survivors of members of the Armed Forces who die while on active duty or inactive duty training. Provides an additional gratuity of $25,000 to any child of such member under 18 years old at the time of the member's death, payable when such child attains 21.
Continues TRICARE (a Department of Defense managed health care program) eligibility for the dependents of a member who dies while serving on active duty of more than 30 days for a three-year period after the member's death, with a further conditional extension in the case of a dependent child.
Terminates a 45-month limit on the use of survivors' and dependents' educational assistance.
Authorizes the Secretary of Veterans Affairs to provide special restorative training to certain individuals.
Increases the amount of basic educational assistance for veterans' survivors and dependents pursuing certain types of institutional education. Authorizes the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement. | {"src": "billsum_train", "title": "A bill to amend titles 10 and 38, United States Code, to improve the benefits provided for survivors of deceased members of the Armed Forces, and for other purposes."} | 4,020 | 221 | 0.504913 | 1.358093 | 0.733189 | 2.455959 | 19.57513 | 0.880829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal Management
Improvement Act of 1993''.
SEC. 2. TRANSFER OF OFFICES OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION TO DEPARTMENT OF THE INTERIOR.
(a) Transfer of Offices.--There are transferred to the Department
of the Interior the following offices and assets of the National
Oceanic and Atmospheric Administration:
(1) The National Ocean Service, other than the components
of that Service transferred under section 3.
(2) The National Marine Fisheries Service.
(3) The Office of Oceanic and Atmospheric Research.
(4) The fleet of research and survey vessels.
(5) The National Oceanic and Atmospheric Corps.
(b) Transfer of Functions.--The functions that, on the day before
the date of the enactment of this Act, were performed by an individual
in their capacity as an officer or employee of an office transferred by
subsection (a) are transferred to the Secretary of the Interior.
(c) Delegation of Functions.--The Secretary of the Interior shall
delegate functions transferred by subsection (b) as follows:
(1) The functions relating to the national marine
sanctuaries program performed by the National Ocean Service
shall be delegated to the Director of the United States Fish
and Wildlife Service.
(2) The functions relating to mapping, charting, and
geodesy performed by the National Ocean Service shall be
delegated to the Director of the Geological Survey.
(3) The functions performed by the National Marine
Fisheries Service shall be delegated to the Director of the
United States Fish and Wildlife Service.
(4) To the Director of the Biological Survey, the following
functions:
(A) Functions performed by the Office of Oceanic
and Atmospheric Research, as follows:
(i) Oceans and Great Lakes programs.
(ii) Marine prediction research.
(iii) The National Sea Grant College
Program.
(iv) The undersea research program.
(B) Coastal ocean science functions performed by
the National Ocean Service, other than functions
required to be delegated under paragraphs (1) and (2).
(d) Advisory Committees.--There are transferred to the Department
of the Interior any advisory committee of the National Oceanic and
Atmospheric Administration that gives advice or makes recommendations
that primarily concern functions transferred by this section.
SEC. 3. TRANSFER OF COMPONENTS OF NATIONAL OCEAN SERVICE TO DEPARTMENT
OF ENVIRONMENTAL PROTECTION.
(a) Transfer of Offices.--There are transferred to the Department
of Environmental Protection the following components of the National
Ocean Service of the National Oceanic and Atmospheric Administration:
(1) The components that carry out observation and
assessment and estuarine and coastal assessment programs.
(2) The components that carry out coastal management,
including--
(A) the coastal zone management program;
(B) the estuarine reserve research system; and
(C) the coastal nonpoint pollution control program
under section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
(b) Transfer of Functions.--The functions that, on the day before
the date of the enactment of this Act, were performed by an individual
in their capacity as an officer or employee of a component transferred
by subsection (a) are transferred to the Secretary of the Environment.
(c) Designation of Assistant Secretary and Delegation of
Functions.--The Secretary of the Environment shall--
(1) designate an Assistant Secretary of the Department of
Environmental Protection who shall be responsible for
administering the components transferred under subsection (a);
and
(2) delegate to that Assistant Secretary the functions that
are transferred to the Secretary under subsection (b).
(d) Advisory Committees.--There are transferred to the Department
of Environmental Protection any advisory committee of the National
Oceanic and Atmospheric Administration that gives advice or makes
recommendations that primarily concern functions transferred by this
section.
SEC. 4. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices, components, and functions transferred by
this Act to the Secretary of the Interior or the Secretary of the
Environment are transferred to that Secretary for appropriate
allocation.
(b) Personnel.--
(1) In general.--The personnel employed in connection with
the offices, components, and functions transferred by this Act
to the Secretary of the Interior or the Secretary of the
Environment are transferred to that Secretary for appropriate
allocation.
(2) Effect.--Any full-time or part-time personnel employed
in permanent positions shall not, during the 1-year period
beginning on the date of the enactment of this Act, be
separated or reduced in grade or compensation because of any
transfer under this subsection.
SEC. 5. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or in any document of or
pertaining to an office or component transferred by this Act to the
Secretary of the Interior or the Secretary of the Environment--
(1) to the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, or another officer of the
office or component, is deemed to refer to the Secretary of the
Interior or the Secretary of the Environment, as appropriate;
and
(2) to the Department of Commerce, the National Oceanic and
Atmospheric Administration, or any office or component of that
Department or Administration is deemed to refer to the
Department of the Interior or the Department of Environmental
protection, as appropriate.
SEC. 6. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, agreements, contracts,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Commerce,
the Under Secretary of Commerce for Oceans and Atmosphere, any
officer or employee of an office or component transferred by
this Act, or any other Government official, or by a court of
competent jurisdiction, with respect to functions that are
transferred by this Act, and
(2) that are in effect on the date of the enactment of this
Act (or become effective after such date pursuant to their
terms as in effect on such date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of the Interior, the Secretary of the
Environment, another authorized official, or a court of competent
jurisdiction, or by operation of law.
(b) Proceedings.--The provisions of this Act shall not affect any
proceedings or any application for any benefits, service, license,
permit, certificate, or financial assistance pending before an office
or component transferred by this Act on the date of the enactment of
this Act, but such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this Act had not been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this subsection shall
be considered to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or modified if
this Act had not been enacted.
(c) Suits.--The provisions of this Act shall not affect suits
commenced before the date of the enactment of this Act, and in all such
suits, proceedings shall be had, appeals taken, and judgments rendered
in the same manner and with the same effect as if this Act had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Secretary of Commerce or the Under
Secretary of Commerce for Oceans and Atmosphere, or by or against any
individual in the official capacity of such individual as an officer or
employee of an office or component transferred by this Act, shall abate
by reason of the enactment of this Act.
(e) Continuance of Suits.--If, before the date of the enactment of
this Act, any office or component or officer thereof in the official
capacity of such officer, is party to a suit, and under this Act any
function of such office, component, or officer is transferred to the
Secretary of the Interior, the Secretary of the Environment, or any
other official of the Department of the Interior or the Department of
Environmental Protection, then such suit shall be continued with the
Secretary of the Interior, the Secretary of the Environment, or another
appropriate official of the Department of the Interior or the
Department of Environmental Protection substituted or added as a party.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(2) the term ``office'' includes any office, institute,
council, unit, organizational entity, or component thereof. | Ocean and Coastal Management Improvement Act of 1993 - Transfers to the Department of the Interior the following offices and assets of the National Oceanic and Atmospheric Administration: (1) the National Ocean Service; (2) the National Marine Fisheries Service; (3) the Office of Oceanic and Atmospheric Research; (4) the fleet of research and survey vessels; and (5) the National Oceanic and Atmospheric Corps.
Transfers to the Department of Environmental Protection (sic) components of the National Ocean Service that carry out coastal management and assessment programs. | {"src": "billsum_train", "title": "Ocean and Coastal Management Improvement Act of 1993"} | 2,044 | 118 | 0.7331 | 1.817364 | 0.587852 | 6.339623 | 17.981132 | 0.962264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Innovative Manufacturing
Act of 2012''.
SEC. 2. ADVANCED MANUFACTURING TECHNOLOGY CONSORTIA.
Section 33 of the National Institute of Standards and Technology
Act (15 U.S.C. 278r) is amended to read as follows:
``SEC. 33. ADVANCED MANUFACTURING TECHNOLOGY CONSORTIA.
``(a) Authority.--
``(1) In general.--The Director shall carry out a program
to facilitate the development of and provide support to
industry-led consortia that will identify, prioritize, and
address long-term, precompetitive industrial research needs in
the area of advanced manufacturing.
``(2) Program objectives.--The objectives of the program
established under this section include the following:
``(A) To promote collective public-private efforts
to develop key technology platforms and infrastructure
for advanced manufacturing.
``(B) To enable the prioritization of public
research portfolios to be more responsive to the long-
term technology development needs of industry.
``(C) To leverage Federal investment in advanced
manufacturing with shared investment by the private
sector.
``(D) To increase industrial research and
development investment in precompetitive technology
platforms and infrastructure.
``(E) To accelerate technological innovation in
advanced manufacturing.
``(F) To foster broad participation by industry,
the Federal Government, institutions of higher
education, and State, local, and tribal governments in
advanced manufacturing research and development.
``(b) Activities.--As part of the program established under this
section, the Director shall--
``(1) support the formation of industry-led consortia
composed of representatives from industry (including small- and
medium-sized manufacturers), institutions of higher education,
the Federal Government, State, local, and tribal governments,
and other entities, as appropriate;
``(2) collaborate with consortia participants in the
development of technology roadmaps that identify research needs
in the area of advanced manufacturing;
``(3) support precompetitive research directed at meeting
the research needs identified in the roadmaps developed under
paragraph (2);
``(4) promote the transfer of precompetitive technology
platforms and infrastructure resulting from consortia research
to the private sector and facilitate open access to the
intellectual property underpinning those platforms and
technology; and
``(5) facilitate the development of new technologies into
commercial products.
``(c) Selection Criteria.--In selecting applications for awards
under this section, the Director shall consider, at a minimum--
``(1) the degree to which the activities proposed under the
consortia will broadly impact manufacturing and increase the
productivity and economic competitiveness of the United States;
``(2) the level of technical risk to be addressed by the
consortia;
``(3) the potential to produce fundamental new knowledge;
and
``(4) the likelihood that the consortia will become self
sustaining, if appropriate.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section $120,000,000 for each of
fiscal years 2013 through 2017.''.
SEC. 3. SMALL MANUFACTURER INNOVATION PROGRAM.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended--
(1) by redesignating section 34 as section 35; and
(2) by inserting after section 33 the following:
``SEC. 34. SMALL MANUFACTURER INNOVATION PROGRAM.
``(a) In General.--The Director shall carry out a pilot program to
enhance the innovative capabilities and competitiveness of small- and
medium-sized manufacturers through support for research and development
that will promote the field of advanced manufacturing and lead to the
commercialization of new products, processes, or technologies for use
in advanced manufacturing.
``(b) Objectives.--The objectives of the program under this section
are--
``(1) to accelerate the development of processes and, as
appropriate, incremental innovations that will improve how
goods are designed, produced, or distributed;
``(2) to advance the development and commercialization of
novel products and technologies for use in advanced
manufacturing;
``(3) to reduce the technical and economic risks associated
with developing new products, processes, or technologies for
use in advanced manufacturing;
``(4) to foster cooperative research and development
between small- and medium-sized manufacturers and research
institutions; and
``(5) to promote research and development collaboration
among small- and medium-sized manufacturers facing similar
technical challenges or obstacles, including collaboration
along a supply chain.
``(c) Program.--
``(1) Award phases.--The Director shall award competitive,
merit-reviewed grants, cooperative agreements, or contracts to
small- or medium-sized manufacturers in the United States
through a uniform process having--
``(A) a first phase for determining, insofar as
possible, the scientific and technical merit and
feasibility of a proposal; and
``(B) a second phase to further develop proposals,
including the development of prototypes, for which
scientific and technical merit and feasibility was
demonstrated in the first phase.
``(2) Applications.--A small- or medium-sized manufacturer
seeking an award under this section shall submit an application
to the Director at such time, in such manner, and containing
such information as the Director may require.
``(d) Stakeholder Input.--In carrying out the program under this
section, the Director shall solicit stakeholder input on how best to
carry out the program.
``(e) Coordination and Nonduplication.--To the maximum extent
practicable, the Director shall ensure that the activities carried out
under this section are coordinated with, and do not duplicate the
efforts of, other programs within the Federal Government.
``(f) Report.--Not later than 4 years after the date of enactment
of the Advancing Innovative Manufacturing Act of 2012, the Director
shall transmit a report to Congress assessing the program established
under this section. The report shall include--
``(1) a summary of the activities carried out under the
program;
``(2) an assessment of whether the program is achieving its
goals, including a description of the metrics used to determine
progress in meeting such goals;
``(3) any recommendations on how the program may be
improved; and
``(4) a recommendation as to whether such program should be
continued or terminated.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section--
``(1) $15,000,000 for fiscal year 2013;
``(2) $25,500,000 for fiscal year 2014;
``(3) $39,750,000 for fiscal year 2015;
``(4) $42,250,000 for fiscal year 2016; and
``(5) $50,000,000 for fiscal year 2017.''.
SEC. 4. INNOVATION VOUCHER PROGRAM.
Section 25 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3720) is amended by adding at the end the following:
``(d) Innovation Voucher Program.--
``(1) In general.--The Secretary, acting through the Office
of Innovation and Entrepreneurship, shall establish an
innovation voucher pilot program to accelerate innovative
activities and enhance the competitiveness of small- and
medium-sized manufacturers in the United States. The pilot
program shall--
``(A) foster collaborations between small- and
medium-sized manufacturers and research institutions;
and
``(B) enable small- and medium-sized manufacturers
to access technical expertise and capabilities that
will lead to the development of innovative products or
manufacturing processes, including through--
``(i) research and development, including
proof of concept, technical development, and
compliance testing activities;
``(ii) early-stage product development,
including engineering design services; and
``(iii) technology transfer and related
activities.
``(2) Award size.--The Secretary shall competitively award
vouchers worth up to $20,000 to small- and medium-sized
manufacturers for use at eligible research institutions to
acquire the services described in paragraph (1)(B).
``(3) Streamlined procedures.--The Secretary shall
streamline and simplify the application, administrative, and
reporting procedures for vouchers administered under the
program.
``(4) Regulations.--Prior to awarding any vouchers under
the program, the Secretary shall promulgate regulations--
``(A) establishing criteria for the selection of
recipients of awards under this subsection;
``(B) establishing procedures regarding financial
reporting and auditing--
``(i) to ensure that awards are used for
the purposes of the program; and
``(ii) that are in accordance with sound
accounting practices; and
``(C) describing any other policies, procedures, or
information necessary to implement this subsection,
including those intended to streamline and simplify the
program in accordance with paragraph (3).
``(5) Transfer authority.--The Secretary may transfer funds
appropriated to the Department of Commerce to other Federal
agencies for the performance of services authorized under this
subsection.
``(6) Administrative costs.--All of the amounts
appropriated to carry out this subsection for a fiscal year
shall be used for vouchers awarded under this subsection,
except that an eligible research institution performing the
services described in paragraph (1)(B) may retain a percentage
of any amount received from the Secretary under this subsection
to defray administrative costs associated with the services.
The Secretary shall establish a single, fixed percentage for
such purposes that will apply to all eligible research
institutions.
``(7) Outreach.--The Secretary may use centers established
under section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k) to provide information about
the program established under this subsection and to conduct
outreach to potential applicants, as appropriate.
``(8) Reports to congress.--
``(A) Plan.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
transmit to Congress a plan that will serve as a guide
for the activities of the program. The plan shall
include a description of the specific objectives of the
program and the metrics that will be used in assessing
progress toward those objectives.
``(B) Outcomes.--Not later than 3 years after the
date of enactment of this subsection, the Secretary
shall transmit to Congress a report containing--
``(i) a summary of the activities carried
out under this subsection;
``(ii) an assessment of the impact of such
activities on the innovative capacity of small-
and medium-sized manufacturers receiving
assistance under the pilot program; and
``(iii) any recommendations for
administrative and legislative action that
could optimize the effectiveness of the pilot
program.
``(9) Coordination and nonduplication.--To the maximum
extent practicable, the Secretary shall ensure that the
activities carried out under this subsection are coordinated
with, and do not duplicate the efforts of, other programs
within the Federal Government.
``(10) Eligible research institutions defined.--For the
purposes of this subsection, the term `eligible research
institution' means--
``(A) an institution of higher education, as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
``(B) a Federal laboratory;
``(C) a federally funded research and development
center; or
``(D) a Hollings Manufacturing Extension Center
established under section 25 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k).
``(11) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
pilot program in this subsection $5,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 5. ADVANCED MANUFACTURING EDUCATION.
Section 506(b) of the America COMPETES Reauthorization Act of 2010
(42 U.S.C. 1862p-1(b)) is amended to read as follows:
``(b) Advanced Manufacturing Education.--The Director shall award
grants, on a competitive, merit-reviewed basis, to community colleges
for the development and implementation of innovative advanced
manufacturing education reforms to ensure an adequate and well-trained
advanced manufacturing workforce. Activities supported by grants under
this subsection may include--
``(1) the development or expansion of educational
materials, courses, curricula, strategies, and methods that
will lead to improved advanced manufacturing degree or
certification programs, including the integration of industry
standards and workplace competencies into the curriculum;
``(2) the development and implementation of faculty
professional development programs that enhance a faculty
member's capabilities and teaching skills in advanced
manufacturing, including efforts to understand current advanced
manufacturing technologies and practices;
``(3) the establishment of centers that provide models and
leadership in advanced manufacturing education and serve as
regional or national clearinghouses for educational materials
and methods;
``(4) activities to enhance the recruitment and retention
of students into certification and degree programs in advanced
manufacturing, including the provision of improved mentoring
and internship opportunities; and
``(5) other activities as determined appropriate by the
Director.''. | Advancing Innovative Manufacturing Act of 2012 - Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to carry out a program to develop and support industry-led consortia that will identify, prioritize, and address long-term, precompetitive industrial research needs in the area of advanced manufacturing, including through the use of technology roadmaps and transfer of technology platforms and infrastructure.
Requires the Director to carry out a pilot program (through the award of competitive, merit-reviewed grants, cooperative agreements, or contracts to small- or medium-sized manufacturers through a uniform process) to enhance the innovative capabilities and competitiveness of such manufacturers through support for research and development that will promote the field of advanced manufacturing and lead to the commercialization of new products, processes, or technologies.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish an innovation voucher pilot program to accelerate innovative activities and enhance the competitiveness of small- and medium-sized manufacturers, which shall: (1) foster collaborations between such manufacturers and research institutions, and (2) enable the manufacturers to access technical expertise and capabilities that will lead to the development of innovative products or manufacturing processes.
Amends the America COMPETES Reauthorization Act of 2010 to revise the program of grants for education and training in advanced manufacturing so that such grants are provided to community colleges for the development and implementation of innovative education reforms to ensure an adequate and well-trained advanced manufacturing workforce. Lists activities that may be supported by such grants, including for: (1) the development of teaching materials and methods, (2) faculty professional development, (3) centers to provide models and leadership, and (4) activities to enhance student recruitment and retention. | {"src": "billsum_train", "title": "To accelerate research, development, and innovation in advanced manufacturing, to improve the competitiveness of American manufacturers, and for other purposes."} | 2,857 | 375 | 0.666095 | 2.250736 | 0.905782 | 5.191304 | 7.918841 | 0.965217 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended by striking ``4.25'' and inserting
``10''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002 and each
succeeding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to increase from 4.25 percent to ten percent the amount of TANF funds a State may transfer to carry out State programs under SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) increase the authorization of appropriations for States and territories for FY 2001, 2002, and succeeding fiscal years; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. | {"src": "billsum_train", "title": "To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant."} | 1,283 | 149 | 0.438811 | 1.241364 | 0.628173 | 1.570248 | 9.495868 | 0.793388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Training and Retention Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) America's healthcare system depends on an adequate
supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to
grow significantly. The Health Resources and Services
Administration has projected that by 2020, there will be a
shortage of nurses in every State and that overall only 64
percent of the demand for nurses will be satisfied, with a
shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today's network of healthcare
workers should have access to education and support from their
employers to participate in educational and training
opportunities.
(4) With the appropriate education and support, incumbent
healthcare workers and incumbent bedside nurses are untapped
sources which can meet these needs and address the nursing
shortage and provide quality care as the American population
ages.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) Purposes.--It is the purpose of this section to authorize
grants to--
(1) address the projected shortage of nurses by funding
comprehensive programs to create a career ladder to nursing
(including Certified Nurse Assistants, Licensed Practical
Nurses, Licensed Vocational Nurses, and Registered Nurses) for
incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by
increasing both nurse faculty and clinical opportunities
through collaborative programs between staff nurse
organizations, healthcare providers, and accredited schools of
nursing; and
(3) provide training programs through education and
training organizations jointly administered by healthcare
providers and healthcare labor organizations or other
organizations representing staff nurses and frontline
healthcare workers, working in collaboration with accredited
schools of nursing and academic institutions.
(b) Grants.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Labor (referred to in this section as the
``Secretary'') shall establish a partnership grant program to award
grants to eligible entities to carry out comprehensive programs to
provide education to nurses and create a pipeline to nursing for
incumbent ancillary healthcare workers who wish to advance their
careers, and to otherwise carry out the purposes of this section.
(c) Eligible Entities.--To be eligible to receive a grant under
this section an entity shall--
(1) be--
(A) a healthcare entity that is jointly
administered by a healthcare employer and a labor union
representing the healthcare employees of the employer
and that carries out activities using labor management
training funds as provided for under section 302 of the
Labor-Management Relations Act, 1947 (18 U.S.C.
186(c)(6));
(B) an entity that operates a training program that
is jointly administered by--
(i) one or more healthcare providers or
facilities, or a trade association of
healthcare providers; and
(ii) one or more organizations which
represent the interests of direct care
healthcare workers or staff nurses and in which
the direct care healthcare workers or staff
nurses have direct input as to the leadership
of the organization; or
(C) a State training partnership program that
consists of non-profit organizations that include equal
participation from industry, including public or
private employers, and labor organizations including
joint labor-management training programs, and which may
include representatives from local governments, worker
investment agency one-stop career centers, community
based organizations, community colleges, and accredited
schools of nursing; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(d) Additional Requirements for Healthcare Employer Described in
Subsection (c).--To be eligible for a grant under this section, a
healthcare employer described in subsection (c) shall demonstrate--
(1) an established program within their facility to
encourage the retention of existing nurses;
(2) it provides wages and benefits to its nurses that are
competitive for its market or that have been collectively
bargained with a labor organization; and
(3) support for programs funded under this section through
1 or more of the following:
(A) The provision of paid leave time and continued
health coverage to incumbent healthcare workers to
allow their participation in nursing career ladder
programs, including Certified Nurse Assistants,
Licensed Practical Nurses, Licensed Vocational Nurses,
and Registered Nurses.
(B) Contributions to a joint labor-management
training fund which administers the program involved.
(C) The provision of paid release time, incentive
compensation, or continued health coverage to staff
nurses who desire to work full- or part-time in a
faculty position.
(D) The provision of paid release time for staff
nurses to enable them to obtain a Bachelor of Science
in Nursing degree, other advanced nursing degrees,
specialty training, or certification program.
(E) The payment of tuition assistance which is
managed by a joint labor-management training fund or
other jointly administered program.
(e) Other Requirements.--
(1) Matching requirement.--
(A) In general.--The Secretary may not make a grant
under this section unless the applicant involved
agrees, with respect to the costs to be incurred by the
applicant in carrying out the program under the grant,
to make available non-Federal contributions (in cash or
in kind under subparagraph (B)) toward such costs in an
amount equal to not less than $1 for each $1 of Federal
funds provided in the grant. Such contributions may be
made directly or through donations from public or
private entities, or may be provided through the cash
equivalent of paid release time provided to incumbent
worker students.
(B) Determination of amount of non-federal
contribution.--Non-Federal contributions required in
subparagraph (A) may be in cash or in kind (including
paid release time), fairly evaluated, including
equipment or services (and excluding indirect or
overhead costs). 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.
(2) Required collaboration.--Entities carrying out or
overseeing programs carried out with assistance provided under
this section shall demonstrate collaboration with accredited
schools of nursing which may include community colleges and
other academic institutions providing Associate, Bachelor's, or
advanced nursing degree programs or specialty training or
certification programs.
(f) Activities.--Amounts awarded to an entity under a grant under
this section shall be used for the following:
(1) To carry out programs that provide education and
training to establish nursing career ladders to educate
incumbent healthcare workers to become nurses (including
Certified Nurse Assistants, Licensed Practical Nurses, Licensed
Vocational Nurses, and Registered Nurses). Such programs shall
include one or more of the following:
(A) Preparing incumbent workers to return to the
classroom through English as a second language
education, GED education, pre-college counseling,
college preparation classes, and support with entry
level college classes that are a prerequisite to
nursing.
(B) Providing tuition assistance with preference
for dedicated cohort classes in community colleges,
universities, accredited schools of nursing with
supportive services including tutoring and counseling.
(C) Providing assistance in preparing for and
meeting all nursing licensure tests and requirements.
(D) Carrying out orientation and mentorship
programs that assist newly graduated nurses in
adjusting to working at the bedside to ensure their
retention post graduation, and ongoing programs to
support nurse retention.
(E) Providing stipends for release time and
continued healthcare coverage to enable incumbent
healthcare workers to participate in these programs.
(2) To carry out programs that assist nurses in obtaining
advanced degrees and completing specialty training or
certification programs and to establish incentives for nurses
to assume nurse faculty positions on a part-time or full-time
basis. Such programs shall include one or more of the
following:
(A) Increasing the pool of nurses with advanced
degrees who are interested in teaching by funding
programs that enable incumbent nurses to return to
school.
(B) Establishing incentives for advanced degree
bedside nurses who wish to teach in nursing programs so
they can obtain a leave from their bedside position to
assume a full- or part-time position as adjunct or full
time faculty without the loss of salary or benefits.
(C) Collaboration with accredited schools of
nursing which may include community colleges and other
academic institutions providing Associate, Bachelor's,
or advanced nursing degree programs, or specialty
training or certification programs, for nurses to carry
out innovative nursing programs which meet the needs of
bedside nursing and healthcare providers.
(g) Preference.--In awarding grants under this section the
Secretary shall give preference to programs that--
(1) provide for improving nurse retention;
(2) provide for improving the diversity of the new nurse
graduates to reflect changes in the demographics of the patient
population;
(3) provide for improving the quality of nursing education
to improve patient care and safety;
(4) have demonstrated success in upgrading incumbent
healthcare workers to become nurses or which have established
effective programs or pilots to increase nurse faculty; or
(5) are modeled after or affiliated with such programs
described in paragraph (4).
(h) Evaluation.--
(1) Program evaluations.--An entity that receives a grant
under this section shall annually evaluate, and submit to the
Secretary a report on, the activities carried out under the
grant and the outcomes of such activities. Such outcomes may
include--
(A) an increased number of incumbent workers
entering an accredited school of nursing and in the
pipeline for nursing programs;
(B) an increasing number of graduating nurses and
improved nurse graduation and licensure rates;
(C) improved nurse retention;
(D) an increase in the number of staff nurses at
the healthcare facility involved;
(E) an increase in the number of nurses with
advanced degrees in nursing;
(F) an increase in the number of nurse faculty;
(G) improved measures of patient quality (which may
include staffing ratios of nurses, patient satisfaction
rates, patient safety measures); and
(H) an increase in the diversity of new nurse
graduates relative to the patient population.
(2) General report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary of Labor shall, using data and information from the
reports received under paragraph (1), submit to Congress a
report concerning the overall effectiveness of the grant
program carried out under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary. | Nurse Training and Retention Act of 2007 - Directs the Secretary of Labor to establish a partnership grant program to award grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary healthcare workers who wish to advance their careers.
Includes as eligible to receive a grant: (1) a healthcare entity that is jointly administered by a healthcare employer and a labor union representing its employees and that carries out activities using labor management training funds; (2) an entity that operates a training program that is jointly administered by one or more healthcare providers or facilities, or a trade association of healthcare providers, and one or more organizations that represent the interests of direct care healthcare workers or staff nurses who have direct input as to the organization's leadership; or (3) a state training partnership program that consists of nonprofit organizations that include equal participation from industry and labor organizations including joint labor-management training programs.
Requires a healthcare employer, to be eligible for a grant, to demonstrate that it: (1) has an established program within its facility to encourage the retention of existing nurses; (2) provides wages and benefits to its nurses that are competitive for its market or that have been collectively bargained with a labor organization; and (3) provides support for programs funded under this Act through specified mechanisms.
Sets forth requirements for matching funds, collaboration with nursing schools, types of programs funded, types to be provided preference, and program evaluations. | {"src": "billsum_train", "title": "A bill to fund comprehensive programs to ensure an adequate supply of nurses."} | 2,232 | 306 | 0.667984 | 2.061304 | 0.90707 | 5.092784 | 7.652921 | 0.962199 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Immigration
Moratorium Act of 1994''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an amendment
to a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act.
SEC. 2. IMMIGRATION MORATORIUM DEFINED.
As used in this Act, the term ``immigration moratorium'' means the
5-year period beginning on October 1, 1994, and ending on September 30,
1999.
SEC. 3. WORLDWIDE LEVELS OF IMMIGRATION.
Notwithstanding section 201 of the Immigration and Nationality Act
(8 U.S.C. 1151), during the immigration moratorium in lieu of the
worldwide levels of immigration under section 201 (c), (d) and (e)--
(1) the worldwide level of family-sponsored immigrants for
a fiscal year under section 201(c) is 325,000, minus the sum
of--
(A) the number of refugees admitted under section
207;
(B) the number of spouses and children of a citizen
of the United States admitted under section
201(b)(2)(A); and
(C) the number of employment-based immigrants
described in sections 203(b) (1) or (2) who were issued
immigrant visas, or who otherwise acquired the status
of aliens lawfully admitted to the United States for
permanent residence.
(2) the worldwide level of employment-based immigrants for
a fiscal year under section 201(d) is 50,000; and
(3) the worldwide level of diversity immigrants for a
fiscal year under section 201(e) is zero.
SEC. 4. ALLOTMENT OF VISAS.
(a) Notwithstanding section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153), during the immigration moratorium, visas may be
allotted in any fiscal year under section 203 only as follows--
(1) spouses and unmarried children of permanent resident
aliens who qualify under section 203(a)(2)(A) and who were
holding priority dates as of the effective date of this Act
shall be allotted visas in a number equal to 40 percent of the
worldwide level of immigration of family-sponsored immigrants
under section 3(1) of this Act;
(2) in lieu of the number of visas that otherwise would be
available to parents of a citizen of the United States under
section 201(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1153), the number of visas that shall be allotted in any
fiscal year to such parents of a citizen of the United States
shall, notwithstanding section 201(b), be a number equal to 60 percent
of the worldwide level of immigration of family-sponsored immigrants
for that fiscal year under section 3(1) of this Act;
(3) qualified immigrants holding priority dates as of the
effective date of this Act who are sons and daughters of United
States citizens shall be allocated visas in a number equal to
75 percent of the maximum number of visas available but not
issued under paragraphs (1) and (2);
(4) qualified immigrants holding priority dates as of the
effective date of this Act who are the sons and daughters of
permanent resident aliens shall be allocated visas in a number
equal to 25 percent of the maximum number of visas available
but not issued under paragraphs (1) and (2);
(5) qualified immigrants holding priority dates as of the
effective date of this Act who are the brothers or sisters of
citizens of the United States, if such citizens are at least 21
years of age, shall be allocated visas in a number equal to the
number of visas available but not issued for the classes
specified in paragraphs (3) and (4);
(6) employment-based immigrants who qualify under sections
203(b) (1) or (2) shall be allotted not more than 50,000 visas;
(7) the number of visas that shall be allotted to other
aliens subject to the worldwide level of employment-based
immigrants shall be zero; and
(8) the number of visas that shall be allotted to diversity
immigrants under section 203(c) shall be zero.
(b) Nothing in this Act shall limit the number of visas that
otherwise are available to spouses and children of a citizen of the
United States under section 201(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)).
SEC. 5. GRANTING IMMIGRANT STATUS.
During the immigration moratorium, the Attorney General may not
accept or approve any petition for classification under section 204 of
the Immigration and Nationality Act except for classification by reason
of being--
(1) a spouse or child of a citizen of the United States as
described in section 201(b)(2)(A);
(2) a spouse or child of a permanent resident alien as
described in section 203(a)(2)(A);
(3) a parent of a citizen of the United States as described
in section 201(b)(2)(A) to the extent allowed by section
4(a)(2) of this Act;
(4) qualified immigrants holding priority dates as of the
effective date of this Act who are sons and daughters of United
States citizens or of permanent resident aliens or brothers or
sisters as specified in paragraphs (3), (4), and (5) of section
4 of this Act; or
(5) by reason of employment-based immigrant status under
sections 203(b) (1) or (2) of the Immigration and Nationality
Act.
Petitions submitted during the moratorium that may not be accepted or
approved shall be returned to the persons who filed the petitions.
SEC. 6. ANNUAL ADMISSION OF REFUGEES.
Notwithstanding any other provision of law, during the immigration
moratorium, the number of refugees who may be admitted under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157), including
the number of admissions made available to adjust to the status of
permanent residence the status of aliens granted asylum under section
209(b) of the Immigration and Nationality Act, shall not exceed 50,000
in any fiscal year.
SEC. 7. IMMEDIATE RELATIVES DEFINED.
During the immigration moratorium, the term ``immediate relatives''
for purposes of section 201(b) means the children and spouse of a
citizen of the United States who shall have acquired citizenship under
chapter 1 of title III of the Immigration and Nationality Act.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect upon enactment. | Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate relatives of U.S. citizens and permanent resident aliens. | {"src": "billsum_train", "title": "Immigration Moratorium Act of 1994"} | 1,466 | 48 | 0.539426 | 1.266356 | 0.806008 | 1.5 | 36.861111 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Officials Protection Act of
2000''.
SEC. 2. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A FEDERAL
OFFICIAL'S DUTIES.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by inserting after section 111 the following:
``Sec. 111A. Attempts to interfere with the performance of a Federal
official's duties
``(a)(1) Whoever corruptly or by force or threat of force
(including any threatening letter or communication) intimidates or
endeavors to intimidate any officer or employee, described in section
1114 of this title, engaged in or on account of the performance of that
officer or employee's official duties, or in any other way corruptly or
by force or threat of force (including any threatening communication)
obstructs or impedes, or endeavors to obstruct or impede, the
performance of such officer's or employee's official duties, shall be
fined under this title or imprisoned for not more than five years, or
both.
``(2) In the case of an offense under this subsection which was
committed after the defendant had previously been convicted of an
earlier offense under this subsection, the defendant shall be fined
under this title or imprisoned for not more than ten years, or both.
``(3) The term `force', as used in this subsection, includes force
directed at the person or property of an officer or employee described
in section 1114 of this title, and force directed at the person or
property of an immediate family member of such officer or employee as
defined in section 115(c)(2) of this title.
``(b) Whoever, within the United States, files, or endeavors to
file, in any public record, or in any private record which is generally
available to the public, any lien, encumbrance, or other document that
creates, or attempts to create, a cloud on the title of any real or
personal property belonging in whole or in part to any officer or
employee described in section 1114 of this title with intent to
intimidate, obstruct, or impede such officer or employee in the
performance of such officer's or employee's official duties, or with
intent to retaliate against such officer or employee on account of the
performance of such duties, and knowing or having reason to know that
such lien, encumbrance, or other document is frivolous under Federal or
State law shall be fined under this title or imprisoned for not more
than five years, or both. In the case of an offense under this
subsection which was committed after the defendant had previously been
convicted of an earlier offense under this subsection, the defendant
shall be fined under this title or imprisoned for not more than ten
years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 18, United States Code, is amended by inserting
after the item relating to section 111 the following new item:
``111A. Attempts to interfere with the performance of a Federal
official's duties.''.
SEC. 3. ADDITIONAL PENALTY FOR FILING A FRIVOLOUS SUIT AGAINST AN
OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF A STATE OR
POLITICAL SUBDIVISION THEREOF.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2466. Additional penalty for filing a frivolous civil suit
against an officer or employee of the United States or of
any agency of a State or political subdivision thereof
``In addition to any other remedy provided by law, should the court
find that any civil action brought personally against any officer or
employee described in section 1114 of title 18, United States Code, or
any officer or employee of any agency of a State, or political
subdivision thereof, is frivolous and was brought with intent to
intimidate or obstruct such officer or employee in the performance of
such officer's or employee's official duties, or with intent to
retaliate against such officer or employee on account of the
performance of such duties, the court shall, besides dismissing such
action, assess against the party making such claim a civil penalty
payable to the United States of not less than $2,500 or more than
$25,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 163 of title 28, United States Code, is amended by adding at
the end the following new item:
``2466. Additional penalty for filing a frivolous civil suit against an
officer or employee of the United States or
of any agency of a State or political
subdivision thereof.''.
SEC. 4. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A STATE
OFFICIAL'S DUTIES.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by inserting after section 1518 the following:
``Sec. 1519. Attempts to interfere with the performance of a State
official's duties
``(a) Whoever in a circumstance described in subsection (b)--
``(1) files, or endeavors to file, in any public record, or
in any private record which is generally available to the
public, any lien, encumbrance, or other document that creates,
or attempts to create, a cloud on the title of any real or
personal property belonging in whole or in part to any officer
or employee of any agency of a State, or political subdivision
thereof, with intent to intimidate, obstruct, or impede such
officer or employee in the performance of such officer's or
employee's official duties, or with intent to retaliate against
such officer or employee on account of the performance of such
duties, and knowing or having reason to know that such lien,
encumbrance, or other document is frivolous under Federal or
State law; or
``(2) corruptly or by force or threat of force (including
any threatening letter or communication) intimidates or
endeavors to intimidate any officer or employee of any agency
of a State, or political subdivision thereof, engaged in or on
account of the performance of his official duties, or in any
other way corruptly or by force or threat of force (including
any threatening communication), obstructs or impedes, or
endeavors to obstruct or impede, the performance of such
officer's or employee's official duties,
shall be fined under this title or imprisoned for not more than five
years, or both; and if serious bodily injury results, shall be so fined
or imprisoned for not more than ten years, or both; and if death
results, shall in addition to any fine under this title, also be
subject to the death penalty or to imprisonment for any term of years
or to life. In the case of an offense under this subsection which was
committed after the defendant had previously been convicted of an
earlier offense under this subsection, the defendant shall be fined
under this title or imprisoned for not more than ten years, or both;
and if serious bodily injury results, shall be so fined or imprisoned
for not more than twenty years, or both; and if death results, shall in
addition to any fine under this title, also be subject to the death
penalty or to imprisonment for any term of years or to life.
``(b) The circumstances referred to in subsection (a) are--
``(1) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
``(2) any offender travels in or causes another to travel
in interstate or foreign commerce in furtherance of the
offense; or
``(3) the offense obstructs, delays, or otherwise affects
interstate or foreign commerce, or would have so obstructed
delayed, or affected interstate or foreign commerce if the
offense had been consummated.
``(c) Definitions.--As used in this section--
``(1) the term `State' includes a State of the United
States, the District of Columbia, a commonwealth, territory, or
possession of the United States;
``(2) the term `force' includes force directed at the
person or property of an officer or employee of any agency of a
State, or political subdivision thereof, and force directed at
the person or property of an immediate family member of such
officer or employee;
``(3) the term `serious bodily injury' has the meaning
given that term in section 2119 of this title; and
``(4) the term `immediate family member' has the meaning
given that term in section 115(c)(2) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new item:
``1519. Attempts to interfere with the performance of a State
official's duties.''. | (Sec. 3) Amends the Federal judicial code to direct the court to assess an additional penalty for filing a frivolous civil action against an officer of the United States or of any agency of a State or political subdivision thereof with intent to intimidate or obstruct, or to retaliate against, such officer.
(Sec. 4) Amends the Federal criminal code to prohibit specified attempts to interfere with the performance of a State officer's duties (similar to those involving Federal officers under this Act) where: (1) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (2) any offender travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or (3) the offense obstructs, delays, or otherwise affects interstate or foreign commerce or would have done so. Sets penalties for violations. | {"src": "billsum_train", "title": "Public Officials Protection Act of 2000"} | 2,059 | 200 | 0.507078 | 1.520096 | 0.608143 | 5.816568 | 10.893491 | 0.905325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Pension Equity Restoration
Act of 1993''.
SEC. 2. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.
(a) Definition of Compensation.--Subsection (k) of section 415 of
the Internal Revenue Code of 1986 (regarding limitations on benefits
and contributions under qualified plans) is amended by adding
immediately after paragraph (2) thereof the following new paragraph:
``(3) Definition of compensation for governmental plans.--
For purposes of this section, in the case of a governmental
plan (as defined in section 414(d)), the term `compensation'
includes, in addition to the amounts described in subsection
(c)(3)--
``(A) any elective deferral (as defined in section
402(g)(3)), and
``(B) any amount which is contributed by the
employer at the election of the employee and which is
not includible in the gross income of an employee under
section 125 or 457.''
(b) Compensation Limit.--Subsection (b) of section 415 of such Code
is amended by adding immediately after paragraph (10) the following new
paragraph:
``(11) Special limitation rule for governmental plans.--In
the case of a governmental plan (as defined in section 414(d)),
subparagraph (B) of paragraph (1) shall not apply.''
(c) Treatment of Certain Excess Benefit Plans.--
(1) In general.--Section 415 of such Code is amended by
adding at the end thereof the following new subsection:
``(m) Treatment of Qualified Governmental Excess Benefit
Arrangements.--
``(1) Governmental plan not affected.--In determining
whether a governmental plan (as defined in section 414(d))
meets the requirements of this section, benefits provided under
a qualified governmental excess benefit arrangement shall not
be taken into account. Income accruing to a governmental plan
(or to a trust that is maintained solely for the purpose of
providing benefits under a qualified governmental excess
benefit arrangement) in respect of a qualified governmental
excess benefit arrangement shall constitute income derived from
the exercise of an essential governmental function upon which
such governmental plan (or trust) shall be exempt from tax
under section 115.
``(2) Taxation of participant.--For purposes of this
chapter--
``(A) the taxable year or years for which amounts
in respect of a qualified governmental excess benefit
arrangement are includible in gross income by a
participant, and
``(B) the treatment of such amounts when so
includible by the participant,
shall be determined as if such qualified governmental excess
benefit arrangement were treated as a plan for the deferral of
compensation which is maintained by a corporation not exempt
from tax under this chapter and which does not meet the
requirements for qualification under section 401.
``(3) Qualified governmental excess benefit arrangement.--
For purposes of this subsection, the term `qualified
governmental excess benefit arrangement' means a portion of a
governmental plan if--
``(A) such portion is maintained solely for the
purpose of providing to participants in the plan that
part of the participant's annual benefit otherwise
payable under the terms of the plan that exceeds the
limitations on benefits imposed by this section,
``(B) under such portion no election is provided at
any time to the participant (directly or indirectly) to
defer compensation, and
``(C) benefits described in subparagraph (A) are
not paid from a trust forming a part of such
governmental plan unless such trust is maintained
solely for the purpose of providing such benefits.''
(2) Coordination with section 457.--Subsection (e) of
section 457 of such Code is amended by adding at the end
thereof the following new paragraph:
``(15) Treatment of qualified governmental excess benefit
arrangements.--Subsections (b)(2) and (c)(1) shall not apply to
any qualified governmental excess benefit arrangement (as
defined in section 415(m)(3)), and benefits provided under such
an arrangement shall not be taken into account in determining
whether any other plan is an eligible deferred compensation
plan.''
(3) Conforming amendment.--Paragraph (2) of section 457(f)
of such Code is amended by striking the word ``and'' at the end
of subparagraph (C), by striking the period after subparagraph
(D) and inserting the words ``, and'', and by inserting
immediately thereafter the following new subparagraph:
``(E) a qualified governmental excess benefit
arrangement described in section 415(m).''
(d) Exemption for Survivor and Disability Benefits.--Paragraph (2)
of section 415(b) of such Code is amended by adding at the end thereof
the following new subparagraph:
``(I) Exemption for survivor and disability
benefits provided under governmental plans.--
Subparagraph (B) of paragraph (1), subparagraph (C) of
this paragraph, and paragraph (5) shall not apply to--
``(i) income received from a governmental
plan (as defined in section 414(d)) as a
pension, annuity, or similar allowance as the
result of the recipient becoming disabled by
reason of personal injuries or sickness, or
``(ii) amounts received from a governmental
plan by the beneficiaries, survivors, or the
estate of an employee as the result of the
death of the employee.''
(e) Revocation of Grandfather Election.--Subparagraph (C) of
section 415(b)(10) of such Code is amended by adding at the end thereof
the following new sentence: ``An election made pursuant to the
preceding sentence to have the provisions of this paragraph applied to
the plan may be revoked not later than the last day of the 3rd plan
year beginning after the date of enactment with respect to all plan
years as to which such election has been applicable and all subsequent
plan years: Provided, That any amount paid by the plan in a taxable
year ending after revocation of such election in respect of benefits
attributable to a taxable year during which such election was in effect
shall be includible in income by the recipient in accordance with the
rules of this chapter in the taxable year in which such amount is
received (except that such amount shall be treated as received for
purposes of the limitations imposed by this section in the earlier
taxable year or years to which such amount is attributable).''
(f) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall apply to taxable years beginning on or
after the date of the enactment of this Act. The amendments
made by subsection (e) shall apply with respect to election
revocations adopted after the date of the enactment of this
Act.
(2) Treatment for years beginning before date of
enactment.--In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986), such plan
shall be treated as satisfying the requirements of section 415
of such Code for all taxable years beginning before the date of
the enactment of this Act. | Public Pension Equity Restoration Act of 1993 - Amends the Internal Revenue Code to allow deferred compensation to be included in governmental retirement plans.
Removes the special rule for governmental plans which limits benefits to 100 percent of the average compensation for the highest three years.
Removes excess benefit arrangements and survivor and disability benefits from limitations on governmental plans.
Provides a mechanism to pay benefits above limitations to certain employees. | {"src": "billsum_train", "title": "Public Pension Equity Restoration Act of 1993"} | 1,632 | 90 | 0.503552 | 1.205696 | 0.817137 | 1.448718 | 18.615385 | 0.75641 |
SECTION 1. SHORT TITLE; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Pacific Northwest
Earthquake Preparedness Act of 2017''.
(b) Cascadia Subduction Zone Defined.--In this Act, the term
``Cascadia Subduction Zone'' means the landward-dipping fault that is
approximately 684 miles long, separates the Juan de Fuca and North
America plates, and stretches along a portion of the western coast of
the United States beginning off Cape Mendocino, California, along the
State of Oregon, the State of Washington, to Northern Vancouver Island,
British Columbia.
SEC. 2. EARTHQUAKE EARLY WARNING SYSTEM FOR CASCADIA SUBDUCTION ZONE.
(a) Plan for Purchase and Installation.--
(1) Development and funding.--The Administrator of the
Federal Emergency Management Agency shall--
(A) develop a plan for the purchase and
installation of an earthquake early warning system for
the Cascadia Subduction Zone; and
(B) identify the funds necessary for implementation
of the plan.
(2) Submission to congress.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a copy of the
plan.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that summarizes the actions
taken to implement the plan.
(c) Definitions.--In this section, the following definitions apply:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Earthquake early warning system.--The term ``earthquake
early warning system'' includes--
(A) improvements to regional and geodetic networks
that support building a capability for an earthquake
early warning system; and
(B) seismometers, Global Positioning System
receivers, and associated infrastructure.
SEC. 3. EARTHQUAKE AND TSUNAMI TASK FORCE.
(a) In General.--The President shall establish an Earthquake and
Tsunami Task Force for the purpose of developing a comprehensive
strategy and recommendations on how the Nation should prepare and plan
for, mitigate against, respond to, recover from, and more successfully
adapt to a covered event in the Cascadia Subduction Zone.
(b) Task Force.--
(1) Membership.--The membership of the Task Force shall
include a cross section of subject matter experts representing
the following:
(A) Relevant Federal agencies.
(B) The States of Oregon, Washington, and
California.
(C) Indian tribes, local governments, and private
sector representatives that may be impacted by a
covered event in the Cascadia Subduction Zone.
(D) Universities, academia, and research
institutions with expertise in topics relevant to the
work of the Task Force.
(2) Chairperson.--The Administrator (or the Administrator's
designee) shall serve as the chairperson of the Task Force.
(3) Detailed employees.--Members of the Task Force may
detail employees to assist the Administrator (or the
Administrator's designee) in fulfilling the responsibilities of
the Task Force.
(c) Comprehensive Strategy.--
(1) Strategy.--The comprehensive strategy to be developed
under subsection (a) shall include the following:
(A) A description of how Federal agencies will
coordinate to develop the ability to prepare and plan
for, mitigate against, respond to, recover from, and
more successfully adapt to the impacts of a covered
event in the Cascadia Subduction Zone.
(B) A strategy to ensure collaboration between the
Department of Transportation, the Department of Energy,
the Coast Guard, the Corps of Engineers, and other
Federal agencies, as appropriate, for purposes of--
(i) completing a needs assessment of
Federal facilities in need of hardening for a
covered event; and
(ii) developing a strategic plan to
mitigate and retrofit Federal, State, tribal,
and local critical assets for freight, energy,
and transit purposes to withstand a covered
event and to help save lives during and
immediately after a covered event.
(C) A strategy--
(i) to assist State, tribal, and local
governments in developing and implementing a
coordinated and comprehensive plan to
prioritize Federal, State, tribal, local, and
private investments and activities to develop
the ability to prepare and plan for, mitigate
against, respond to, recover from, and more
successfully adapt to the impacts of a covered
event in the Cascadia Subduction Zone; and
(ii) to link any existing statewide
mitigation plan with such a coordinated and
comprehensive plan.
(D) With respect to the strategy described in
subparagraph (C), an examination of the feasibility of
the public sector, the private sector, and individuals
to acquire earthquake insurance.
(E) An identification of funding opportunities to
implement the comprehensive strategy and any
recommendations made by the Task Force, including--
(i) existing funding opportunities across
Federal agencies and other sources; and
(ii) potential new funding opportunities.
(F) An identification of barriers to obtaining
funding for the implementation of the comprehensive
strategy and recommendations on how to remove the
barriers.
(G) A strategy for appropriate Federal agencies to
collaborate with and assist State, tribal, and local
governments in developing recommendations for cost-
effective mitigation alternatives for aging State,
tribal, and locally owned critical infrastructure.
(H) A strategy for assisting State, tribal, and
local governments in developing a recovery plan prior
to a covered event in the Cascadia Subduction Zone that
addresses how State, tribal, and local governments may
want to rebuild after the event.
(I) An identification of the steps taken to date to
develop an onshore and offshore earthquake early
warning system and a description of the purpose and
scope of such a system.
(J) An evaluation of the types of offshore
earthquake early warning systems and recommendations
and a cost estimate for an earthquake early warning
system appropriate for the Cascadia Subduction Zone.
(K) Recommendations on how an earthquake early
warning system should operate, including whether and
how the system should interface with the private
sector.
(L) A description of appropriate roles and
responsibilities for Federal, State, local, and tribal
governments, including who should operate and maintain
an earthquake early warning system, the cost of the
system, and possible funding sources for the system.
(M) A plan on how to integrate an earthquake early
warning system into existing and new public alert
warning systems and technologies, including mobile
systems.
(2) Use of existing plans.--In developing the comprehensive
strategy, the Task Force may use existing plans, studies, and
other resources.
(d) Recommendations.--The recommendations to be developed by the
Task Force under subsection (a) shall include recommendations on--
(1) potential administrative or legislative changes
required to implement the comprehensive strategy;
(2) the funding required to implement the comprehensive
strategy and the recommendations; and
(3) the order of priority for implementation of the
comprehensive strategy.
(e) National Academies.--
(1) Collaboration.--The Task Force shall work
simultaneously and collaboratively with the National Academies.
(2) Agreement.--The Task Force shall enter into an
agreement with the National Academies under which the National
Academies shall develop recommendations for a Federal research
strategy to advance scientific understanding of a Cascadia
Subduction Zone earthquake and resulting tsunami preparedness,
including the following:
(A) Geologic conditions, ground motions, and
tsunami hazards.
(B) Implications of an effective automated early
warning system.
(C) Effects of mega-earthquake and tsunami events
on the built and natural environment.
(D) Social and behavioral factors for effective
disaster preparedness and response.
(E) Cost-effective mitigation alternatives for
legacy and aging infrastructure.
(F) Strategic planning for freight, energy, and
transit network robustness.
(G) Tools that help communities invest their
resources for the greatest benefit.
(H) Any other topics identified as necessary by the
Task Force or the National Academies.
(f) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report of the Task Force that includes the following:
(1) The comprehensive strategy to be developed under
subsection (a).
(2) The recommendations to be developed under subsections
(a), (d), and (e).
(g) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Covered event.--The term ``covered event'' means an
earthquake, tsunami, or combined earthquake and tsunami event.
(3) Task force.--The term ``Task Force'' means the Federal
interagency task force to be established under subsection (a).
SEC. 4. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO
EARTHQUAKES AND TSUNAMIS.
The Administrator of the Federal Emergency Management Agency shall
be responsible for the Nation's efforts to reduce the loss of life and
property, and to protect the Nation, from an earthquake, tsunami, or
combined earthquake and tsunami event by developing the ability to
prepare and plan for, mitigate against, respond to, recover from, and
more successfully adapt to such an event.
SEC. 5. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by earthquake
hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
Passed the House of Representatives March 27, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on March 9, 2017. Pacific Northwest Earthquake Preparedness Act of 2017 (Sec. 2) This bill requires the Federal Emergency Management Agency (FEMA) to: (1) develop a plan for the purchase and installation of an earthquake early warning system for the Cascadia Subduction Zone, and (2) identify the funds necessary for its implementation. Such zone is the landward-dipping fault that is approximately 684 miles long, separates the Juan de Fuca and North America plates, and stretches along the western coast of the United States from Cape Mendocino, California, to Northern Vancouver Island, British Columbia. (Sec. 3) The President shall establish an Earthquake and Tsunami Task Force for the purpose of developing a comprehensive strategy and recommendations on how the nation should prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to an earthquake, tsunami, or combined earthquake and tsunami event in such zone. Such recommendations shall include recommendations on: (1) administrative or legislative changes and funding required to implement the strategy, and (2) the order of priority for implementation of the strategy. The Task Force shall enter into an agreement with the National Academies for developing recommendations for a federal research strategy to advance scientific understanding of a zone earthquake and resulting tsunami preparedness. (Sec. 4) FEMA shall be responsible for the nation's efforts to reduce the loss of life and property, and to protect the nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. (Sec. 5) The bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize recipients to use hazard mitigation assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by earthquake hazards, including making improvements to: regional seismic networks in support of building a capability for earthquake early warning; geodetic networks in support of building a capability for earthquake early warning; and seismometers, Global Positioning System receivers, and associated infrastructure in support of building a capability for earthquake early warning. | {"src": "billsum_train", "title": "Pacific Northwest Earthquake Preparedness Act of 2017"} | 2,314 | 481 | 0.766575 | 2.972161 | 0.80849 | 6.823529 | 4.882353 | 0.945701 |
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