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SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Freedom To Save
Act of 2007''.
(b) Findings.--Congress finds the following:
(1) Under current law applicable to the food stamp program,
a household may not have assets that exceed $2,000 (or $3,000
in the case of a household that includes an elderly or disabled
member). The program is federally funded, but States can modify
or eliminate assets through categorical eligibility (automatic
benefits through qualifications for other assistance programs).
Benefit levels can be reduced by unearned income, which arise
from interest on past savings accounts, retirement accounts, or
educational accounts. States count the amount that exceeds the
fair market value of $4,650 of a household vehicle, unless they
follow TANF rules. States have the discretion to exclude some
assets that are excluded in TANF or Medicaid.
(2) For low-income families who may need to rely on
government assistance in the face of an emergency, saving is
actively discouraged by asset limit policies, especially in
formal financial institutions. Recent qualitative research
indicates that asset limits serve to discourage low-income
families from saving, especially in formal financial
institutions. These men and women realize that saving is
penalized in the current welfare system and if they choose to
save, their benefits will be reduced or eliminated.
(3) Without a safety net of personal savings, it is more
difficult for low-income families to graduate from government
assistance and achieve true self-sufficiency--the goal of the
1996 welfare reform. Forcing individuals to ``spend down''
personal savings in order to qualify for assistance leaves
families vulnerable to temporary income shocks due to emergency
or temporary unemployment. Precautionary savings will reduce
overall dependence on public assistance.
(4)(A) SSI is federally administered with asset limits of
$2,000 for individuals and $3,000 for couples. Assets may be
reduced by unearned income from interest on past savings
accounts or other assets. One household vehicle is excluded
from the asset tests, but the value of any other vehicles is
counted as assets.
(B) Individuals with disabilities who receive SSI benefits
and are able to work for short periods of time are penalized
for saving any money they earn with a complete loss of
benefits.
(5) TANF is a cash assistance block grant program whose
policies are set by individual States. The 1996 welfare reform
law gave states the discretion to set asset limits for TANF, or
waive the limit entirely. Today, States' asset limits vary from
$1,000 to no limit, with most set from $1,000 to $3,000. A
number of States have reformed their asset limits:
(A) Virginia and Ohio have already eliminated the
asset limit for TANF. To date, Virginia reports
administrative savings due to streamlining the
eligibility process and has experienced no increase in
fraud.
(B) 16 States have liberalized the financial asset
limit for TANF to allow assets of more than $2,000. 29
States have liberalized their vehicle allowances by
either eliminating the value of at least one vehicle,
or by raising the allowable value of a household
vehicle.
(6)(A) Within broad Federal guidelines for the SCHIP
program, each State determines the design of its program,
eligibility groups, benefit packages, payment levels for
coverage, and administrative and operating procedures. States
have substantial flexibility in setting asset criteria in
public health insurance plans for children under Medicaid and
the State Children's Health Insurance Program (SCHIP).
(B) 49 States waive asset tests altogether; 2 states
(Oregon and Texas) have asset limits in their separate SCHIP
programs.
(C) Parents applying for public health insurance face more
restrictive eligibility criteria than children. 19 States have
waived the asset test for parents; 6 states continue to limit
assets to $1,000 per household; and 26 States have asset limits
that range from $2,000 to $30,000.
(7) The personal savings rate was negative in 2005 and 2006
according to the Department of Commerce, meaning that spending
outstripped disposable income for the first time since the
Great Depression.
(8) Asset limits are inefficient and, in some programs,
entirely unnecessary. According to the Federal Reserve, most
poor and near-poor families hold little to no wealth: in 2004,
17 percent of all households had zero or negative net worth,
while 29.6 percent had a net worth of less than $10,000. Few
families who meet the low income eligibility thresholds that
govern eligibility for major income support programs have any
significant asset holdings. For people with disabilities, 38
percent live on less than $15,000 annually, and that 58 percent
are asset poor.
(9) A consistent segment of the American population remains
outside the financial mainstream where they rely on costly
check cashing and lending institutions: 11 percent of
households do not have a checking account and 9 percent do not
have a transaction account of any kind. 54 percent of people
with disabilities have no savings accounts, and 69 percent have
no checking accounts. Low-income families who rely on public
assistance are less likely to use a formal financial
institution, in part out of fear that any account balance will
be penalized by a reduction in benefits.
(10) According to the Center for Social Development, the
presence of savings and even small asset holdings by a
household is associated with a range of positive outcomes,
including increased economic stability, educational attainment
and performance, and health and psychological well-being.
(11) Increasing the number of households that save and the
amounts that they save will allow more Americans to achieve
greater control, security, independence, and choice in their
lives.
SEC. 2. MODIFICATION OF ASSET TEST UNDER FOOD STAMP PROGRAM.
(a) Financial Resources.--Section 5(g) of the Food Stamp Act of
1977 (7 U.S.C. 2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and inserting the
following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary'';
(2) in subparagraph (A) (as designated by paragraph (1)--
(A) by striking ``$2,000'' and inserting ``$6,000
(as adjusted in accordance with subparagraph (B))'';
and
(B) by striking ``$3,000'' and inserting ``$8,000
(as adjusted in accordance with subparagraph (B))'' ;
and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on October 1,
2007, and each October 1 thereafter, the
amounts in subparagraph (A) shall be adjusted
to the nearest $100 increment to reflect
changes for the 12-month period ending the
preceding June in the Consumer Price Index for
All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
``(ii) Requirement.--Each adjustment under
clause (I) shall be based on the unrounded
amount for the prior 12-month period.''.
(b) Definition Required.--Section 5(g)(6)(B)(iii) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)(6)(B)(iii)) is amended by inserting ``(as
defined by the Secretary)'' after ``available''.
(c) Exclusion of Retirement Accounts From Countable Financial
Resources.--
(1) In general.--Section 5(g)(2)(B)(v) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by striking
``or retirement account (including an individual account)'' and
inserting ``account''.
(2) Mandatory and discretionary exclusions.--Section 5(g)
of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by
adding at the end the following:
``(7) Exclusion of retirement accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a plan, contract, or account,
described in sections 401(a), 403(a), 403(b), 408,
408A, 457(b), and 501(c)(18) of the Internal Revenue
Code of 1986 and the value of funds in a Federal Thrift
Savings Plan account as provided in section 8439 of
title 5, United States Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other retirement plans, contracts, or
accounts (as determined by the Secretary through
regulation).''.
(d) Exclusion of Education Accounts From Countable Financial
Resources.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) (as amended by section 3) is amended by adding at the end the
following:
``(8) Exclusion of education accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a qualified tuition program
described in section 529 of the Internal Revenue Code
of 1986 or in a Coverdell education savings account
under section 530 of that Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other education programs, contracts,
or accounts (as determined by the Secretary through
regulation).''.
(e) Exclusion of Vehicles From Countable Financial Resources.--
Section 5(g)(2)(B)(iv) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)(2)(B)(iv)) is amended to read as follows:
``(iv) subject to subparagraphs (B) and
(C), any licensed vehicle that is not used for
household transportation or to obtain or
continue employment.''.
SEC. 3. PROHIBITION ON USE OF ASSET TEST UNDER THE TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES (TANF) PROGRAM.
(a) Prohibition.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by adding at the end the following:
``(12) Prohibition on imposition of asset test.--A State to
which a grant is made under section 403 shall not consider the
level or types of assets or resources of an individual or
family in determining the eligibility of the individual or
family for, or the amount or types of assistance to provide to
the individual or family under the State program funded under
this part.''.
(b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
``(16) Penalty for imposition of asset test.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 in a
fiscal year has violated section 408(a)(12) during the
fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal
to not less than 1 percent and not more than 5 percent
of the State family assistance grant.
``(B) Penalty based on severity of failure.--The
Secretary shall impose reductions under subparagraph
(A) with respect to a fiscal year based on the degree
of noncompliance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 2008.
SEC. 4. ELIMINATION OF ASSET TEST FOR DISABLED PERSONS UNDER THE
SUPPLEMENTAL SECURITY INCOME (SSI) PROGRAM.
(a) In General.--Section 1611(a) of the Social Security Act (42
U.S.C. 1382(a)) is amended in each of paragraphs (1)(B) and (2)(B) by
inserting ``in the case of an individual who is aged or blind,'' before
``whose''.
(b) Conforming Amendments.--
(1) Section 1602 of such Act (42 U.S.C. 1381a) is amended
by inserting ``(in the case of an individual who is aged or
blind)'' before ``resources''.
(2) Section 1621(a) of such Act (42 U.S.C. 1382j(a)) is
amended by striking ``an individual'' and inserting ``a blind
or disabled individual''.
(3) Section 1631(b)(3) of such Act (42 U.S.C. 1383(b)(3))
is amended by inserting ``(as in effect before the effective
date of section 4 of the Freedom to Save Act of 2007)'' after
``section 1611(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits for months beginning on or after July 1, 2008.
SEC. 5. ELIMINATION OF ASSET TEST UNDER STATE CHILDREN'S HEALTH
INSURANCE PROGRAM (SCHIP).
Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is
amended--
(1) in paragraph (1)(A), by striking ``income and resources
(including any standards relating to spenddowns and disposition
of resources)'' and inserting ``and income''; and
(2) in paragraph (1)(B)--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting ``, and''; and
(C) by adding at the end the following new clause:
``(iii) may not deny eligibility, or vary
the amount of benefits under this title, based
on assets or resources.''.
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply to assistance furnished on or after July 1, 2008. | Freedom to Save Act of 2007 - Amends the Food Stamp Act of 1977 to modify the asset test for food stamp program eligibility by increasing the amounts of allowable financial resources, with annual inflation adjustments, and excluding from countable financial resources any retirement accounts, education accounts, and licensed vehicles.
Prohibits the use of any asset test under the temporary assistance for needy families (TANF) program under part A of title IV of the Social Security Act. Prescribes an administrative penalty for any state imposing such a test.
Eliminates any asset test for disabled persons under title XVI (Supplemental Security Income (SSI)) of the Social Security Act (SSA) and for any eligible individual under SSA title XXI (State Children's Health Insurance Program (SCHIP)). | {"src": "billsum_train", "title": "To exclude certain assets in determining eligibility under the food stamp program, the temporary assistance for needy families (TANF) program, the Supplemental Security Income (SSI) program, and the State children's health insurance program (SCHIP)."} | 3,195 | 174 | 0.487929 | 1.366937 | 0.79791 | 3.506849 | 19.136986 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trauma Care Systems Planning and
Development Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government and State governments have
established a history of cooperation in the development,
implementation, and monitoring of integrated, comprehensive
systems for the provision of emergency medical services.
(2) Trauma is the leading cause of death of Americans
between the ages of 1 and 44 years and is the third leading
cause of death in the general population of the United States.
(3) In 1995, the total direct and indirect cost of
traumatic injury in the United States was estimated at
$260,000,000,000.
(4) There are 40,000 fatalities and 5,000,000 nonfatal
injuries each year from motor vehicle-related trauma, resulting
in an aggregate annual cost of $230,000,000,000 in medical
expenses, insurance, lost wages, and property damage.
(5) Barriers to the receipt of prompt and appropriate
emergency medical services exist in many areas of the United
States.
(6) Many States do not have comprehensive trauma care
systems to provide prompt and appropriate services to all their
residents.
(7) The number of deaths from trauma can be reduced by
improving the systems for the provision of emergency medical
services in the United States.
(8) Trauma care systems are an important part of the
emergency preparedness system needed for homeland defense.
SEC. 3. AMENDMENTS.
(a) Establishment.--Section 1201 of the Public Health Service Act
(42 U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, acting through the Administrator of the
Health Resources and Services Administration,'' after
``Secretary'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) collect, compile, and disseminate information on the
achievements of, and problems experienced by, State and local
agencies and private entities in providing trauma care and
emergency medical services and, in so doing, give special
consideration to the unique needs of rural areas;'';
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by inserting ``to enhance each State's
capability to develop, implement, and sustain
the trauma care component of each State's plan
for the provision of emergency medical
services'' after ``assistance''; and
(ii) by striking ``and'' after the
semicolon;
(E) in paragraph (5), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(6) promote the collection and categorization of trauma
data in a consistent and standardized manner.'';
(2) in subsection (b), by inserting ``, acting through the
Administrator of the Health Resources and Services
Administration,'' after ``Secretary''; and
(3) by striking subsection (c).
(b) Clearinghouse on Trauma Care and Emergency Medical Services.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
(1) by striking section 1202; and
(2) by redesignating section 1203 as section 1202.
(c) Establishment of Programs for Improving Trauma Care in Rural
Areas.--Section 1202(a) of the Public Health Service Act, as such
section was redesignated by subsection (b), is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, such as advanced trauma life support,''
after ``model curricula'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) by increasing communication and coordination with
State trauma systems.''.
(d) Requirement of Matching Funds for Fiscal Years Subsequent to
First Fiscal Year of Payments.--Section 1212 of the Public Health
Service Act (42 U.S.C. 300d-12) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for the third fiscal year of such payments to
the State, not less than $1 for each $1 of Federal
funds provided in such payments for such fiscal year;
``(C) for the fourth fiscal year of such payments
to the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal year;
and
``(D) for the fifth fiscal year of such payments to
the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal
year.''; and
(2) in subsection (b)--
(A) in paragraph (1), by adding ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(e) Requirements With Respect to Carrying Out Purpose of
Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C.
300d-13) is amended--
(1) in subsection (a)--
(A) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``nationally
recognized'' after ``contains'';
(B) in paragraph (5), by inserting ``nationally
recognized'' after ``contains'';
(C) in paragraph (6), by striking ``specifies
procedures for the evaluation of designated'' and
inserting ``utilizes a program with procedures for the
evaluation of'';
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``in accordance with data
collection requirements developed in
consultation with surgical, medical, and
nursing specialty groups, State and local
emergency medical services directors, and other
trained professionals in trauma care'' after
``collection of data'';
(ii) in subparagraph (A), by inserting
``and the number of deaths from trauma'' after
``trauma patients''; and
(iii) in subparagraph (F), by inserting
``and the outcomes of such patients'' after
``for such transfer'';
(E) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12), respectively; and
(F) by inserting after paragraph (9) the following:
``(10) coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning;'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``concerning such'' and inserting ``that
outline resources for optimal care of the
injured patient''; and
(ii) in subparagraph (D), by striking
``1992'' and inserting ``2003''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``1991'' and inserting ``2003''; and
(ii) in subparagraph (B), by striking
``1992'' and inserting ``2003''; and
(3) in subsection (c), by striking ``1990, the Secretary
shall develop a model plan'' and inserting ``2002, the
Secretary shall update the model plan''.
(f) Requirement of Submission to Secretary of Trauma Plan and
Certain Information.--Section 1214(a) of the Public Health Service Act
(42 U.S.C. 300d-14(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``1991'' and inserting ``2003'';
and
(B) by inserting ``that includes changes and
improvements made and plans to address deficiencies
identified'' after ``medical services''; and
(2) in paragraph (2), by striking ``1991'' and inserting
``2003''.
(g) Restrictions on Use of Payments.--Section 1215(a)(1) of the
Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by
striking the period at the end and inserting a semicolon.
(h) Requirements of Reports by States.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and
inserting the following:
``SEC. 1216. [RESERVED].''.
(i) Report by the Secretary.--Section 1222 of the Public Health
Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and
inserting ``2005''.
(j) Funding.--Section 1232(a) of the Public Health Service Act (42
U.S.C. 300d-32(a)) is amended to read as follows:
``(a) Authorization of Appropriations.--For the purpose of carrying
out parts A and B, there are authorized to be appropriated $12,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.''.
(k) Conforming Amendment.--Section 1232(b)(2) of the Public Health
Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204''
and inserting ``1202''.
(l) Institute of Medicine Study.--Part E of title XII of the Public
Health Service Act (20 U.S.C. 300d-51 et seq.) is amended--
(1) by striking the part heading and inserting the
following:
``Part E--Miscellaneous Programs''
; and
(2) by adding at the end the following:
``SEC. 1254. INSTITUTE OF MEDICINE STUDY.
``(a) In General.--The Secretary shall enter into a contract with
the Institute of Medicine of the National Academy of Sciences, or
another appropriate entity, to conduct a study on the state of trauma
care and trauma research.
``(b) Content.--The study conducted under subsection (a) shall--
``(1) examine and evaluate the state of trauma care and
trauma systems research (including the role of Federal entities
in trauma research) on the date of enactment of this section,
and identify trauma research priorities;
``(2) examine and evaluate the clinical effectiveness of
trauma care and the impact of trauma care on patient outcomes,
with special attention to high-risk groups, such as children,
the elderly, and individuals in rural areas;
``(3) examine and evaluate trauma systems development and
identify obstacles that prevent or hinder the effectiveness of
trauma systems and trauma systems development;
``(4) examine and evaluate alternative strategies for the
organization, financing, and delivery of trauma care within an
overall systems approach; and
``(5) examine and evaluate the role of trauma systems and
trauma centers in preparedness for mass casualties.
``(c) Report.--Not later than 2 years after the date of enactment
of this section, the Secretary shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2003 and 2004.''.
(m) Residency Training Programs in Emergency Medicine.--Section
1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is
amended by striking ``1993 through 1995'' and inserting ``2003 through
2007''.
(n) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended in the section heading by striking ``demonstration''.
(o) Interagency Program for Trauma Research.--Section 1261 of the
Public Health Service Act (42 U.S.C. 300d-61) is amended--
(1) in subsection (a), by striking ``conducting basic'' and
all that follows through the period at the end of the second
sentence and inserting ``basic and clinical research on trauma
(in this section referred to as the `Program'), including the
prevention, diagnosis, treatment, and rehabilitation of trauma-
related injuries.'';
(2) by striking subsection (b) and inserting the following:
``(b) Plan for Program.--The Director shall establish and implement
a plan for carrying out the activities of the Program, taking into
consideration the recommendations contained within the report of the
NIH Trauma Research Task Force. The plan shall be periodically
reviewed, and revised as appropriate.'';
(3) in subsection (d)--
(A) in paragraph (4)(B), by striking ``acute head
injury'' and inserting ``traumatic brain injury''; and
(B) in subparagraph (D), by striking ``head'' and
inserting ``traumatic'';
(4) by striking subsection (g);
(5) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(6) in subsection (h), as redesignated by paragraph (5), by
striking ``2001 through 2005'' and inserting ``2003 through
2007''. | Trauma Care Systems Planning and Development Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to collect, compile, and disseminate information regarding trauma care and emergency medical services, and, in so doing, to give special consideration to the needs of rural areas.Removes provisions dealing with a National Clearinghouse on Trauma Care and Emergency Medical Services.Modifies provision pertaining to grants to improve trauma care in rural areas to allow the Secretary to make grants to entities to improve care by increasing communication and coordination with State trauma systems.Amends provisions concerning matching funds for modifications of the trauma care part of State emergency services plans, including to modify the matching requirements to not less than $1 for each $1 of Federal funds in the third year of payments and not less then $2 for each $1 of Federal funds in the fourth and fifth years (currently the amount is set at not less than $3 for each $1 of Federal funding in the third year and subsequent years).Amends requirements with respect to carrying out the purpose of allotments, including to require a State plan for emergency medical services to coordinate planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning.Requires States to submit to the Secretary the trauma care part of their emergency services plans in FY 2003 and in following years in order to receive Federal allotments to support the modification of such part.Directs the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes."} | 3,110 | 344 | 0.511159 | 1.64856 | 0.841619 | 3.967638 | 9.171521 | 0.899676 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in the aftermath of the 4 hurricanes that occurred
within 6 weeks in the southeast United States during 2004, many
of the inspectors and managers employed to inspect and document
disaster-related damage in that area had criminal records;
(2) preliminary damage assessments provide important
information about the impact and magnitude of damage and the
needs of individuals, businesses, the public sector, and the
community as a whole; and
(3) the failure to conduct a preliminary damage assessment
can result in Federal funds being provided to areas that have
not suffered the level of damage that would qualify an area for
Federal disaster assistance.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the appropriate use of public funds;
(2) to protect disaster victims; and
(3) to require more stringent background checks for
contractors of the Federal Emergency Management Agency.
SEC. 2. PRELIMINARY DAMAGE ASSESSMENTS.
Section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) is amended--
(1) by striking ``All requests for'' and inserting the
following:
``(a) In General.--All requests for''; and
(2) by adding at the end the following:
``(b) Preliminary Damage Assessments.--
``(1) Definitions.--In this subsection:
``(A) Assessment.--The term `assessment' means a
preliminary damage assessment described in paragraph
(2)(A).
``(B) Director.--The term `Director' means the
Director of FEMA.
``(C) FEMA.--The term `FEMA' means the Federal
Emergency Management Agency.
``(D) Incident.--The term `incident' means a
condition or occurrence that causes such damage or
hardship as may result in a Presidential declaration of
a major disaster or emergency.
``(E) Secretary.--The term `Secretary' means the
Secretary of Homeland Security, acting through the
Director.
``(2) Preliminary damage assessment.--
``(A) Preassessment by the state.--Except as
provided in subparagraph (E), on occurrence of an
incident, or if a State determines that the occurrence
of an incident is imminent, and the State official
responsible for disaster operations determines that the
State and local governments may lack the capability to
adequately respond to the incident, the State shall--
``(i) verify the information of the State
used to make the determination; and
``(ii) request the Regional Director to
perform a joint FEMA-State preliminary damage
assessment of the type, extent, and location of
any damage caused by the incident.
``(B) Damage assessment teams.--Each State shall
appoint a damage assessment team to carry out
assessments described in subparagraph (A) that is
composed of--
``(i) at least 1 representative of the
Federal Government;
``(ii) a least 1 representative of the
State;
``(iii) if practicable, a local government
representative who is familiar with the extent
and location of damage or potential damage in
any applicable communities; and
``(iv) such additional representatives from
Federal and State agencies and voluntary relief
organizations as are necessary, as determined
by the State.
``(C) Responsibility of state.--A State shall
assume responsibility for--
``(i) coordination of State and local
participation in an assessment conducted under
this paragraph; and
``(ii) ensuring that participants in the
assessment receive timely notification
concerning the schedule of activities for the
assessment.
``(D) Responsibility of fema.--The Secretary shall
designate an official of FEMA--
``(i) to brief members of the assessment
team on--
``(I) damage criteria;
``(II) the kind of information to
be collected for the particular
incident that is the subject of the
assessment; and
``(III) applicable reporting
requirements; and
``(ii) on completion of the assessment, to
consult with State officials to discuss
findings and reconcile any differences.
``(E) Waiver.--
``(i) In general.--The State, in
consultation with the Regional Director or
FEMA, may elect not to carry out an
assessment--
``(I) in the case of an incident of
unusual severity and magnitude that
does not require any field damage
assessments to determine the need for
supplemental Federal assistance under
this Act; or
``(II) in other appropriate cases,
as determined by the State, in
consultation with the Regional Director
of FEMA.
``(ii) Managerial response.--Nothing in
this subparagraph prevents the conduct of an
assessment to determine unmet needs for
managerial response purposes.''.
SEC. 3. FRAUD.
(a) Penalties.--Section 314(d) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5157(d)) is amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Fraud Investigations.--Section 318 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5161) is
amended by adding at the end the following:
``(d) Fraud Investigations.--
``(1) In general.--The President shall--
``(A) vigorously investigate allegations and
instances of fraud under this Act, including fraud
relating to the handling and approval of claims for
Federal emergency assistance; and
``(B) refer to the Attorney General of the United
States, in accordance with section 314(c), such
allegations, instances, and results of investigations
described in subparagraph (A) as the President
determines to be appropriate.
``(2) Attorney general.--The Attorney General of the United
States shall--
``(A) give serious consideration to any allegations
or instances of fraud referred under paragraph (1)(B);
``(B) not later than 10 days after the date of
receipt of such a referral, begin an investigation into
the allegation; and
``(C) not later than 45 days after the date of
receipt of the referral, submit to the Secretary of
Homeland Security a report describing the progress and
results of the investigation.
``(3) Federal emergency management agency.--
``(A) Procedures and guidelines.--Not later than
120 days after the date of enactment of this
subsection, the Director of the Federal Emergency
Management Agency (referred to in this paragraph as the
`Director') shall--
``(i) propose new inspection procedures
that more accurately identify disaster-related
losses of household items for which applicants
should be compensated;
``(ii) modify guidelines relating to
individual and housing inspections to require
inspectors to specify any item that was not
available for inspection;
``(iii) develop eligibility criteria for
funding vehicle damage, taking into
consideration damage to a vehicle sustained as
a result of a disaster;
``(iv) propose new inspection guidelines
that prohibit inspectors from entering into a
contract with any individual or entity for whom
the inspector performs an inspection for
purposes of determining eligibility for
assistance from the Federal Emergency
Management Agency;
``(v) modify guidelines to require contract
inspectors to--
``(I) document vehicle damage to
allow the Director to justify an award
based on disaster-related need; and
``(II) base any funding
recommendation of the contract
inspector for miscellaneous items on
disaster-related need;
``(vi) modify guidelines to establish a
reasonable replacement value for destroyed
vehicles, as determined by the Director, taking
into consideration the cost of acquiring a
comparable vehicle;
``(vii) develop criteria and guidelines for
defining the term `disaster-related death',
including a requirement that an employee of the
Federal Emergency Management Agency document
each request for funeral expenses assistance in
order to support the approval or disapproval of
the assistance;
``(viii) modify home inspection procedures
to require contract inspectors to document--
``(I) any reason why the contractor
determined a home was unsafe; and
``(II) any instance of deferred
maintenance, including an evaluation of
the severity of housing conditions;
``(ix) modify inspection guidelines for
repair and replacement of homes to require
inspectors to justify a determination that a
home is destroyed by identifying and
documenting each type of damage sustained by
the home; and
``(x) review and modify each inspection
contract to require contractors to--
``(I) review the quality of work of
an inspector before submitting
inspection data to the Director;
``(II) certify the independence of
the contractor during each inspection;
``(III) recuse themselves from any
inspections that present a possible
conflict of interest; and
``(IV) consent to a criminal
background check in accordance with
subparagraph (B).
``(B) Report.--Not later than 180 days after the
Director develops procedures and guidelines under
subparagraph (A), the Director shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that describes any change to the procedures and
guidelines of the Federal Emergency Management Agency.
``(C) Background checks.--The Director shall
include in any contract with an inspector the
requirements that--
``(i) a background check shall be performed
on the inspector;
``(ii) the results of the background check
shall be submitted to the Director not later
than 7 days after the date on which the
inspector is hired by the Director; and
``(iii) an inspector who has been convicted
of criminal misconduct (including fraud,
robbery, burglary, forgery, and felony drug
possession) shall not be employed by the
Federal Emergency Management Agency as an
inspector.''. | Amends the Robert T. Stafford Disaster Relielf and Emergency Assistance Act to: (1) specify procedures for the conduct of preliminary disaster damage assessments; and (2) increase the associated penalties for fraud.
Directs the President to: (1) investigate vigorously any allegations and instances of fraud, including fraud relating to the handling and approval of claims for federal emergency assistance; and (2) refer to the Attorney General appropriate allegations, instances, and investigation results.
Requires the Attorney General to: (1) give serious consideration to any allegation or instance of fraud and begin an investigation into it not later than 10 days after the receipt of such a referral; and (2) report on investigation progress and results to the Secretary of Homeland Security within 45 days.
Requires the Director of the Federal Emergency Management Agency to propose new inspection procedures that: (1) more accurately identify disaster-related losses of household items for which applicants should be compensated; (2) modify guidelines for individual and housing inspections to require inspectors to specify any item that was not available for inspection; and (3) develop eligibility criteria for funding vehicle damage, taking into consideration damage to a vehicle sustained as a result of a disaster. | {"src": "billsum_train", "title": "A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to specify procedures for the conduct of preliminary damage assessments, to direct the Secretary of Homeland Security to vigorously investigate and prosecute instances of fraud, including fraud in the handling and approval of claims for Federal emergency assistance, and for other purposes."} | 2,203 | 240 | 0.496127 | 1.441141 | 0.78094 | 3.936441 | 8.826271 | 0.961864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Alaska Native Veteran
Allotments'';
(B) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Allotments.--
``(A) Eligible recipients.--Any person described in
paragraph (1) or (2) of subsection (b) shall be
eligible to receive an allotment under the Act of May
17, 1906 (34 Stat. 197, chapter 2469) (as in effect
before December 18, 1971), of not more than 2 parcels
of Federal land, the total area of which shall not
exceed 160 acres. Any person described in paragraphs
(1) and (2) of subsection (b) who, prior to the date on
which the Secretary promulgates regulations pursuant to
section 3 of the Alaska Native Veterans Land Allotment
Equity Act, received an allotment that has a total area
of less than 160 acres shall be eligible to receive an
allotment under the Act of May 17, 1906 (34 Stat. 197,
chapter 2469) (as in effect before December 18, 1971),
of not more than 1 parcel of Federal land, the total
area of which shall not exceed the difference in acres
between 160 acres and the total area of the allotment
that the person previously received under the Act.
``(B) Rule of construction.--The civil action
styled `Shields v. United States' (698 F.2d 987 (9th
Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall
not be construed to diminish or modify the eligibility
of any person described in paragraph (1) or (2) of
subsection (b).
``(C) Filing deadline.--An allotment shall be filed
for an eligible recipient not later than 3 years after
the date on which the Secretary promulgates regulations
pursuant to section 3 of the Alaska Native Veterans
Land Allotment Equity Act.
``(2) Land available for allotments.--
``(A) In general.--Subject to subparagraph (C), an
allotment under this section shall be selected from
land that is--
``(i)(I) vacant; and
``(II) owned by the United States;
``(ii) selected by, or conveyed to, the
State of Alaska, if the State voluntarily
relinquishes or conveys to the United States
the land for the allotment; or
``(iii) selected by, or conveyed to, a
Native Corporation, if the Native Corporation
voluntarily relinquishes or conveys to the
United States the land for the allotment.
``(B) Relinquishment by native corporation.--If a
Native Corporation relinquishes land under subparagraph
(A)(iii), the Native Corporation may select appropriate
Federal land, as determined by the Secretary, the area
of which is equal to the area of the land relinquished
by the Native Corporation, to replace the relinquished
land.
``(C) Exclusions.--An allotment under this section
shall not be selected from land that is located
within--
``(i) a right-of-way of the TransAlaska
Pipeline;
``(ii) an inner or outer corridor of such a
right-of-way; or
``(iii) a unit of the National Park System,
a National Preserve, or a National Monument.
``(D) Rule of construction.--The civil action
styled `Shields v. United States' (698 F.2d 987 (9th
Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall
not be construed to limit the land that is eligible for
allotment under this paragraph.
``(3) Alternative allotments.--A person described in
paragraph (1) or (2) of subsection (b) who qualifies for an
allotment under this section on land described in paragraph
(2)(C) may select an alternative allotment from land that is--
``(A) located within the boundaries of land
described in paragraph (2)(C);
``(B)(i)(I) withdrawn under section 11(a)(1)(C);
and
``(II) not selected, or relinquished after
selection, under section 11(a)(3);
``(ii) contiguous to an outer boundary of land
withdrawn under section 11(a)(1)(C); or
``(iii) vacant, unappropriated, and unreserved; and
``(C) not a unit of the National Park System, a
National Preserve, or a National Monument.''; and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) is a veteran who served during the period
beginning on August 5, 1964, and ending on May 7,
1975.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Deceased persons.--If an individual who would
otherwise have been eligible for an allotment under this
section dies before applying for an allotment, an heir of the
person may apply for, and receive, an allotment under this
section, on behalf of the estate of the person.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Limitations.--No person who received an allotment or
has a pending allotment under the Act of May 17, 1906, may
receive an allotment under this section, other than--
``(A) an heir who applies for, and receives, an
allotment on behalf of the estate of a deceased person
under paragraph (2); and
``(B) a person who, prior to the date on which the
Secretary promulgates regulations pursuant to section 3
of the Alaska Native Veterans Land Allotment Equity
Act, received an allotment under the Act of May 17,
1906 (34 Stat. 197, chapter 2469), that has a total
area of less than 160 acres.'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Approval of Allotments.--
``(1) In general.--Subject to any valid right in existence
on the date of enactment of the Alaska Native Veterans Land
Allotment Equity Act, and except as provided in paragraph (3),
not later than 5 years after the date of the enactment of the
Alaska Native Veterans Land Allotment Equity Act, the Secretary
shall--
``(A) approve any application for an allotment
filed in accordance with subsection (a); and
``(B) issue a certificate of allotment under such
terms, conditions, and restrictions as the Secretary
determines to be appropriate.
``(2) Notification.--Not later than 2 years after the date
of the enactment of the Alaska Native Veterans Land Allotment
Equity Act, on receipt of an application for an allotment under
this section, the Secretary shall provide to any person or
entity that has an interest in land described in subsection
(a)(2) that is potentially adverse to the interest of the
applicant a notice of the right of the person or entity, by not
later than 90 days after the date of receipt of the notice--
``(A) to initiate a private contest of the
allotment; or
``(B) to file a protest against the allotment in
accordance with procedures established by the
Secretary.
``(3) Action by secretary.--If a private contest or protest
relating to an application for an allotment is initiated or
filed under paragraph (2), the Secretary shall not issue a
certificate for the allotment under paragraph (1)(B) until a
final determination has been made with respect to the private
contest or protest.
``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
``(1) was selected before the date of enactment of the
Alaska Native Veterans Land Allotment Equity Act; and
``(2) as of the date of enactment of that Act, was not
conveyed to the person.''; and
(5) by striking subsection (f), as designated by paragraph
(3) and inserting:
``(f) Definitions.--For the purposes of this section:
``(1) The term `veteran' means a person who served in the
active military, naval, or air service, and who was discharged
or released therefrom.
``(2) The term `Vietnam era' has the meaning given the term
by paragraph (29) of section 101 of title 38.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate, after consultation with
Alaska Native organizations, final regulations to carry out the
amendments made by section 2. During the consultation process, the
Secretary shall, in coordination with Alaska Native organizations and
to the greatest extent possible, identify persons who are eligible to
receive an allotment under the amendments made by section 2. Upon
promulgation of the final regulations, the Secretary shall contact each
of these persons directly to provide an explanation of the process by
which the person may apply for an allotment under the amendments made
by section 2. | Alaska Native Veterans Land Allotment Equity Act This bill amends the Alaska Native Claims Settlement Act to revise provisions regarding land allotments for Alaska Native Vietnam veterans. Eligibility is expanded to include all Alaska Native veterans who served between August 5, 1964, and May 7, 1975. Allotments may be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or an Alaska Native corporation, if the state or corporation relinquishes or conveys the land to the United States for allotment. Land may not be selected from: (1) the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of that right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. An heir of a deceased eligible veteran, regardless of the cause of death, may apply for and receive an allotment. Alaska Native Vietnam veterans who selected an allotment of land before enactment of this bill and who were not conveyed the allotment before the enactment of this bill may reselect land. | {"src": "billsum_train", "title": "Alaska Native Veterans Land Allotment Equity Act"} | 2,326 | 262 | 0.591953 | 1.884998 | 0.718791 | 3.317536 | 9.739336 | 0.909953 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The First Special Service Force (the ``Force''), a
military unit composed of volunteers from the United States and
Canada, was activated in July 1942 at Fort Harrison near
Helena, Montana.
(2) The Force was initially intended to target military and
industrial installations that were supporting the German war
effort, including important hydroelectric plants, which would
severely limit the production of strategic materials used by
the Axis powers.
(3) From July 1942 through June 1943, volunteers of the
Force trained in hazardous, arctic conditions in the mountains
of western Montana, and in the waterways of Camp Bradford,
Virginia.
(4) The combat echelon of the Force totaled 1,800 soldiers,
half from the United States and half from Canada.
(5) The Force also contained a service battalion, composed
of 800 members from the United States, that provided important
support for the combat troops.
(6) A special bond developed between the Canadian and
United States soldiers, who were not segregated by country,
although the commander of the Force was a United States
colonel.
(7) The Force was the only unit formed during World War II
that consisted of troops from Canada and the United States.
(8) In October 1943, the Force went to Italy, where it
fought in battles south of Cassino, including Monte La Difensa
and Monte Majo, two mountain peaks that were a critical anchor
of the German defense line.
(9) During the night of December 3, 1943, the Force
ascended to the top of the precipitous face of Monte La
Difensa, where the Force suffered heavy casualties and overcame
fierce resistance to overtake the German line.
(10) After the battle for La Difensa, the Force continued
to fight tough battles at high altitudes, in rugged terrain,
and in severe weather.
(11) After battles on the strongly defended Italian peaks
of Sammucro, Vischiataro, and Remetanea, the size of the Force
had been reduced from 1,800 soldiers to fewer than 500.
(12) For 4 months in 1944, the Force engaged in raids and
aggressive patrols at the Anzio Beachhead.
(13) On June 4, 1944, members of the Force were among the
first Allied troops to liberate Rome.
(14) After liberating Rome, the Force moved to southern
Italy and prepared to assist in the liberation of France.
(15) During the early morning of August 15, 1944, members
of the Force made silent landings on Les Iles D'Hyeres, small
islands in the Mediterranean Sea along the southern coast of
France.
(16) The Force faced a sustained and withering assault from
the German garrisons as the Force progressed from the islands
to the Franco-Italian border.
(17) After the Allied forces secured the Franco-Italian
border, the United States Army ordered the disbandment of the
Force on December 5, 1944, in Nice, France.
(18) During 251 days of combat, the Force suffered 2,314
casualties, or 134 percent of its authorized strength, captured
thousands of prisoners, won 5 United States campaign stars and
8 Canadian battle honors, and never failed a mission.
(19) The United States is forever indebted to the acts of
bravery and selflessness of the troops of the Force, who risked
their lives for the cause of freedom.
(20) The efforts of the Force along the seas and skies of
Europe were critical in repelling the advance of Nazi Germany
and liberating numerous communities in France and Italy.
(21) The bond between the members of the Force from the
United States and those from Canada has endured over the
decades, as the members meet every year for a reunion,
alternating between the United States and Canada.
(22) The traditions and honors exhibited by the Force are
carried on by 2 outstanding active units of 2 great
democracies, the Special Forces of the United States and the
Canadian Special Operations Regiment.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a gold medal
of appropriate design to the First Special Service Force, collectively,
in recognition of their dedicated service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (in this Act referred
to as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Award of Medal.--Following the award of the gold medal in honor
of the First Special Service Force under subsection (a), the medal
shall be given to the First Special Service Force Association in
Helena, Montana, where it shall be available for display or temporary
loan to be displayed elsewhere, particularly at other appropriate
locations associated with the First Special Service Force, including
Fort William Henry Harrison in Helena, Montana.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 2, at a price sufficient to cover the costs
of the medal, including labor, materials, dies, use of machinery, and
overhead expenses, and amounts received from the sale of such
duplicates shall be deposited in the United States Mint Public
Enterprise Fund.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a gold medal to the First Special Service Force (a joint American-Canadian volunteer unit), collectively, in recognition of their World War II service. Requires the awarded medal to be given to the First Special Service Force Association in Helena, Montana, for display or temporary loan for display elsewhere, including at Fort William Henry Harrison in Helena. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions. | {"src": "billsum_train", "title": "A bill to grant the Congressional Gold Medal, collectively, to the First Special Service Force, in recognition of its superior service during World War II."} | 1,229 | 166 | 0.296725 | 1.010277 | 0.402837 | 4.035971 | 8.381295 | 0.899281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Amy Act of 2014''.
SEC. 2. MANDATORY RESTITUTION.
Section 2259 of title 18, United States Code, is amended to read as
follows:
``Sec. 2259. Mandatory restitution
``(a) Mandatory Restitution.--
``(1) In general.--Notwithstanding section 3663 or 3663A,
and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any
offense under this chapter.
``(2) Requirements.--Under this section--
``(A) the issuance of a restitution order is
mandatory; and
``(B) a court may not decline to issue a
restitution order because of--
``(i) the economic circumstances of the
defendant; or
``(ii) the fact that a victim has received,
or is entitled to receive, compensation for his
or her injuries from the proceeds of insurance
or any other source.
``(b) Restitution for Child Pornography Offenses.--
``(1) Calculation of victim's losses.--For a victim of a
child pornography offense, the court shall apply the principle
of aggregate causation to determine the full amount of the
victim's losses caused by the child pornography offense and all
related sexual abuse offenses committed by all persons against
the victim. The amount of victim's losses shall include any
costs incurred by the victim for--
``(A) medical services relating to physical,
psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary housing,
and child care expenses;
``(D) lost income;
``(E) attorneys' fees, as well as other costs
incurred; and
``(F) any other losses aggregately caused by the
offenses.
``(2) Enforcement.--An order of restitution for a child
pornography offense shall--
``(A) direct the defendant to pay the victim
(through the appropriate court mechanism) the full
amount of the victim's losses determined under
paragraph (1); and
``(B) be issued and enforced in accordance with
subsections (a) through (d) and subsections (f) through
(p) of section 3664.
``(3) Joint and several liability.--A defendant convicted
of a child pornography offense or a related sexual abuse
offense against a victim shall be jointly and severally liable
for the victim's losses determined under paragraph (1) and each
defendant found to be jointly and severally liable shall pay an
equal percentage of such losses.
``(4) Contribution.--
``(A) Suit by convicted defendants.--A defendant
convicted of a child pornography offense or a related
sexual abuse offense against a victim may bring a civil
action in a district court of the United States, based
upon a preponderance of the evidence, for contribution
against all other persons who have committed a related
sexual abuse offense against the victim.
``(B) Suit by other persons.--A person who has been
held jointly or severally liable in a civil action
under subparagraph (C)(iii) may bring a civil action in
a district court of the United States for contribution
against all other persons who have committed a related
sexual abuse offense against the victim.
``(C) Requirements for civil action.--In a civil
action filed under subparagraph (A) or (B)--
``(i) the identity of the respondent in the
civil action shall be kept confidential if the
respondent has not been convicted of the
offense alleged in the civil action, except
that the identity of the respondent--
``(I) may be released by the Court
to a Federal or local law enforcement
agency for law enforcement purposes;
and
``(II) shall be made public if the
respondent--
``(aa) enters into a
settlement agreement in the
civil action; or
``(bb) is held liable in
the civil action;
``(ii) the court shall determine whether
the petitioner is entitled to contribution
based on a preponderance of the evidence;
``(iii) the court shall determine whether
the respondent has committed a related sexual
abuse offense against the victim based on a
preponderance of the evidence;
``(iv) if the court finds that the
respondent has committed a related sexual abuse
offense against the victim, the respondent
shall be jointly and severally liable for the
victim's losses determined under paragraph (1);
``(v) the court shall order each person
found to be jointly and severally liable for
the victim's losses determined under paragraph
(1) to pay an equal percentage of such losses;
and
``(vi) in the case of a settlement
agreement, if the petitioner has not paid in
full the amount owed to the victim under an
order of restitution entered under this
section, any payment agreed to be made by the
respondent shall be paid directly to the
victim.
``(c) Restitution for Other Offenses Under This Chapter.--
``(1) Calculation of victim's losses.--The order of
restitution for an offense committed under this chapter, other
than a child pornography offense, shall direct the defendant to
pay the victim (through the appropriate court mechanism) the
full amount of the victim's losses suffered as a proximate
result of the defendant's offense. The amount shall include any
costs incurred by the victim for--
``(A) medical services relating to physical,
psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary housing,
and child care expenses;
``(D) lost income;
``(E) attorneys' fees, as well as other costs
incurred; and
``(F) any other losses proximately caused by the
offense.
``(2) Enforcement.--An order of restitution for an offense
committed under this chapter, other than a child pornography
offense, shall be issued and enforced in accordance with
section 3664.
``(d) Definitions.--For purposes of this section--
``(1) the term `child pornography offense' means an offense
committed under section 2251, 2251A, 2252, 2252A, or 2260;
``(2) the term `related sexual abuse offense' means any
offense committed under section 2251, 2251A, 2252, 2252A, or
2260 against a victim of a child pornography offense that is
related to the production, transport, shipping, distribution,
mail, sale, receipt, access, possession, or viewing of a visual
depiction (as described in section 2251, 2251A, 2252, or 2260)
or child pornography (as described in section 2252A) that is
the subject of the child pornography offense against the
victim; and
``(3) the term `victim' means the individual harmed as a
result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's
estate, another family member, or any other person appointed as
suitable by the court, but in no event shall the defendant be
named as such representative or guardian.''.
SEC. 3. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the efforts of
the Department of Justice to collect restitution for victims of child
pornography. | RETURNED FOR REVISIONS Justice for Amy Act of 2014 - Amends federal criminal code provisions concerning mandatory restitution to require a court to apply the principle of aggregate causation to determine the full amount of the victim's losses caused by a child pornography offense and all related sexual abuse offenses committed by all persons against the victim. Makes a defendant convicted of such an offense jointly and severally liable for the victim's losses. Requires each defendant found jointly and severally liable to pay an equal percentage of such losses. Allows: (1) a defendant convicted of such an offense to bring a civil action in U.S. district court, based upon a preponderance of the evidence, for contribution against all other persons who have committed such an offense against the victim; and (2) a person who has been held jointly or severally liable in a civil action to bring suit in U.S. district court for contribution against all others who have committed such an offense against the victim. Directs the Attorney General to submit to Congress a report on the efforts of the Department of Justice (DOJ) to collect restitution for victims of child pornography. | {"src": "billsum_train", "title": "Justice for Amy Act of 2014"} | 1,763 | 262 | 0.574602 | 1.775062 | 0.816619 | 4.478673 | 7.549763 | 0.924171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Learning Access Simplicity
and Savings Act of 2009'' or the ``CLASS Act of 2009''.
SEC. 2. CREATION OF COLLEGE AFFORDABILITY CREDIT AND SIMPLIFICATION OF
EDUCATION TAX BENEFITS.
(a) College Affordability Credit.--
(1) Paragraph (1) of section 25A(a) of the Internal Revenue
Code of 1986 is amended by striking ``the Hope Scholarship
Credit'' and inserting ``the College Affordability Credit''.
(2) Subsection (b) of section 25A of such Code is amended
to read as follows:
``(b) College Affordability Credit.--
``(1) Allowance of credit.--In the case of any eligible
student for whom an election is in effect under this section
for any taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the sum of--
``(A) 100 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (with respect to attendance of
the eligible student at an eligible educational
institution during any academic period beginning in
such taxable year) as does not exceed $1,200, and
``(B) 50 percent of so much of such expenses as
exceeds $1,200, but does not exceed $4,800.
``(2) Lifetime credit limitation.--The amount of the credit
allowed under paragraph (1) for any taxable year with respect
to any eligible student shall not exceed the excess of--
``(A) $12,000, over
``(B) the aggregate credit allowed under subsection
(a) with respect to such eligible student for all prior
taxable years.
``(3) Credit allowed only for first 2 years of graduate
education.--No credit shall be allowed under subsection (a)(1)
for a taxable year with respect to the qualified tuition and
related expenses of an eligible student if the student has
completed (before the beginning of such taxable year) 2 years
of graduate education at one or more eligible educational
institutions.
``(4) Credit allowed for year only if individual is at
least \1/2\ time student for portion of year.--The College
Affordability Credit under subsection (a)(1) shall not be
allowed for a taxable year with respect to the qualified
tuition and related expenses of an individual unless such
individual is an eligible student for at least one academic
period which begins during such year.
``(5) Eligible student.--The term `eligible student' means,
with respect to any academic period, any individual who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least \1/2\ the normal full-
time work load for the course of study the student is
pursuing.''.
(b) Qualified Tuition and Related Expenses To Include Required
Course Materials.--Subparagraph (A) of section 25A(f)(1) of such Code
is amended by striking ``tuition and fees'' and inserting ``tuition,
fees, and course materials''.
(c) Increased Income Limitation.--Subsection (d) of section 25A of
such Code is amended to read as follows:
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
paragraph) be taken into account under subsection (a) for the
taxable year shall be reduced (but not below zero) by the
amount determined under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this subparagraph is the amount which bears the same ratio to
the amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) the applicable amount under
paragraph (4), bears to
``(B) $25,000 ($50,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means the adjusted gross income of the
taxpayer for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(4) Applicable amount.--The applicable amount under this
subparagraph is--
``(A) in the case of a joint return, 200 percent of
the dollar amount in effect under subparagraph (B) for
the taxable year, and
``(B) in any other case, $50,000.''.
(d) Modified Inflation Adjustment.--Paragraph (2) of section 25A(h)
of such Code is amended to read as follows:
``(2) Income limits.--
``(A) In general.--In the case of a taxable year
beginning after 2009, the $50,000 amount in subsection
(d)(4)(B) shall each be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2008'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$1,000.''.
(e) Portion of Credit Refundable.--Section 25A of such Code is
amended by redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by an amount equal
to 50 percent of the portion of the amount of the credit which
would have been allowed to the taxpayer under this section by
reason of subsection (b) (without regard to this subsection and
the limitation under section 26(a)(2)). The amount of the
credit allowed under this subsection shall not be treated as a
credit allowed under this subpart and shall reduce the amount
of credit otherwise allowable under subsection (a) (without
regard to section 26(a)(2)).
``(2) Reduction of credit.--In the case of a taxable year
to which 26(a)(2) does not apply, the credit determined under
paragraph (1) for the taxable year shall be reduced by the
amount of tax imposed by section 55 (relating to alternative
minimum tax) with respect to such taxpayer for such taxable
year.''.
(f) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by striking section 222.
(2) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(g) Conforming Amendments.--
(1) The heading for Section 25A of such Code is amended by
striking ``hope'' and inserting ``college affordability''.
(2) Section 25A(c)(2)(A) of such Code is amended--
(A) by striking ``Hope Scholarship Credit'' and
inserting ``College Affordability Credit'', and
(B) by striking ``Hope'' in the heading thereof and
inserting ``College affordability''.
(3) Section 62(a) of such Code is amended by striking
paragraph (18).
(4) Subparagraph (A) of section 86(b)(2) of such Code is
amended by striking ``, 222''.
(5) Subparagraph (A) of section 135(c)(4) of such Code is
amended by striking ``, 222''.
(6) Subparagraph (A) of section 137(b)(3) of such Code is
amended by striking ``, 222''.
(7) Subparagraph (A) of section 199(d)(2) of such Code is
amended by striking ``, 222''.
(8) Clause (ii) of section 219(g)(3)(A) of such Code is
amended by striking ``, 222''.
(9) Clause (i) of section 221(b)(2)(C) of such Code is
amended by striking ``, 222''.
(10) Clause (iii) of section 469(i)(3)(F) of such Code is
amended by striking ``221, and 222'' and inserting ``and 221''.
(11) Paragraph (3) of section 221(d) of such Code is
amended by striking ``25A(b)(3)'' and inserting ``25A(b)(5)''.
(12) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 221(d)(3)''.
(13) The heading for clause (v) of section 529(c)(3)(B) of
such Code is amended by striking ``Hope'' and inserting
``College affordability''.
(14) The heading for Subparagraph (C) of section 530(d)(2)
of such Code is amended by striking ``Hope'' and inserting
``College affordability''.
(15) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section as in effect on the day before
the date of the enactment of this sentence.''.
(16) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 25A,'' after ``section
35''.
(h) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25A and inserting the following
new item:
``Sec. 25A. College Affordability and Lifetime Learning credits.''.
(i) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2008, for education furnished
in academic periods beginning after such date. | College Learning Access Simplicity and Savings Act of 2009 or the CLASS Act of 2009 - Amends the Internal Revenue Code to replace the Hope Scholarship tax credit with the College Affordability Credit, which shall allow: (1) a partially refundable tax credit of up to $1,200 for qualified tuition and related expenses (including required course materials) at an institution of higher education; and (2) an additional 50% tax credit for such expenses exceeding $1,200 but not exceeding $4,800.
Repeals the tax deduction for qualified tuition and related expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to simplify and improve the current education tax incentives."} | 2,427 | 116 | 0.648077 | 1.649159 | 0.581374 | 2.365385 | 20.394231 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight 93 National Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Passengers and crewmembers of United Airlines Flight 93 of
September 11, 2001, courageously gave their lives, thereby
thwarting a planned attack on our Nation's Capital.
(2) In the months since the historic events of September 11,
thousands of people have visited the Flight 93 site, drawn by the
heroic action and sacrifice of the passengers and crew aboard
Flight 93.
(3) Many are profoundly concerned about the future disposition
of the crash site, including grieving families of the passengers
and crew, the people of the region who are the current stewards of
the site, and a broad spectrum of citizens across the United
States. Many of these people are forming the Flight 93 Task Force
as a broad, inclusive organization to provide a voice for all
interested and concerned parties.
(4) The crash site commemorates Flight 93 and is a profound
symbol of American patriotism and spontaneous leadership of
citizen-heroes. The determination of appropriate recognition at the
crash site of Flight 93 will be a slowly unfolding process in order
to address the interests and concerns of all interested parties.
Appropriate national assistance and recognition must give ample
opportunity for those involved to voice these broad concerns.
(5) It is appropriate that the crash site of Flight 93 be
designated a unit of the National Park System.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the passengers
and crew of United Airlines Flight 93 of September 11, 2001.
(2) To establish the Flight 93 Advisory Commission to assist
with consideration and formulation of plans for a permanent
memorial to the passengers and crew of Flight 93, including its
nature, design, and construction.
(3) To authorize the Secretary of the Interior (hereinafter
referred to as the ``Secretary'') to coordinate and facilitate the
activities of the Flight 93 Advisory Commission, provide technical
and financial assistance to the Flight 93 Task Force, and to
administer a Flight 93 memorial.
SEC. 3. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.
There is established a memorial at the September 11, 2001, crash
site of United Airlines Flight 93 in the Stonycreek Township, Somerset
County, Pennsylvania, to honor the passengers and crew of Flight 93.
SEC. 4. FLIGHT 93 ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Flight 93 Advisory Commission'' (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary from
recommendations of the Flight 93 Task Force.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. Notice of the Commission meetings and agendas for the
meetings shall be published in local newspapers in the vicinity of
Somerset County and in the Federal Register. Meetings of the Commission
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be as follow:
(1) Not later than 3 years after the date of the enactment of
this Act, the Commission shall submit to the Secretary and Congress
a report containing recommendations for the planning, design,
construction, and long-term management of a permanent memorial at
the crash site.
(2) The Commission shall advise the Secretary on the boundaries
of the memorial site.
(3) The Commission shall advise the Secretary in the
development of a management plan for the memorial site.
(4) The Commission shall consult and coordinate closely with
the Flight 93 Task Force, the Commonwealth of Pennsylvania, and
other interested parties, as appropriate, to support and not
supplant the efforts of the Flight 93 Task Force on and before the
date of the enactment of this Act to commemorate Flight 93.
(5) The Commission shall provide significant opportunities for
public participation in the planning and design of the memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for the
purpose of carrying out this Act as the Commission considers
advisable from funds appropriated or received as gifts for that
purpose;
(2) subject to approval by the Secretary, solicit and accept
donations of funds and gifts, personal property, supplies, or
services from individuals, foundations, corporations, and other
private or public entities to be used in connection with the
construction or other expenses of the memorial;
(3) hold hearings, enter into contracts for personal services
and otherwise;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate such
of its duties as it determines appropriate to employees of the
National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed memorial.
SEC. 5. DUTIES OF THE SECRETARY.
The Secretary is authorized to--
(1) provide assistance to the Commission, including advice on
collections, storage, and archives;
(2) consult and assist the Commission in providing information,
interpretation, and the conduct of oral history interviews;
(3) provide assistance in conducting public meetings and forums
held by the Commission;
(4) provide project management assistance to the Commission for
planning, design, and construction activities;
(5) provide programming and design assistance to the Commission
for possible memorial exhibits, collections, or activities;
(6) provide staff assistance and support to the Commission and
the Flight 93 Task Force;
(7) participate in the formulation of plans for the design of
the memorial, to accept funds raised by the Commission for
construction of the memorial, and to construct the memorial;
(8) acquire from willing sellers the land or interests in land
for the memorial site by donation, purchase with donated or
appropriated funds, or exchange; and
(9) to administer the Flight 93 memorial as a unit of the
National Park System in accordance with this Act and with the laws
generally applicable to units of the National Park System such as
the Act of August 25, 1916 (39 Stat. 585).
SEC. 6. CLARIFICATION OF PASSENGERS AND CREW.
For the purposes of this Act, the terrorists on United Airlines
Flight 93 on September 11, 2001, shall not be considered passengers or
crew of that flight.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Flight 93 National Memorial Act - Establishes a memorial at the September 11, 2001, crash site of United Airlines Flight 93 in the Stonycreek Township, Somerset County, Pennsylvania, to honor the passengers and crew of Flight 93.Establishes the Flight 93 Advisory Commission to: (1) make recommendations for the planning, design, construction, and long-term management of a permanent memorial; and (2) advise the Secretary of the Interior in the development of a management plan for the site.States that the terrorists on United Flight 93 on September 11, 2001 shall not be considered passengers or crew of that flight. | {"src": "billsum_train", "title": "To authorize a national memorial to commemorate the passengers and crew of Flight 93 who, on September 11, 2001, courageously gave their lives thereby thwarting a planned attack on our Nation's Capital, and for other purposes."} | 1,624 | 139 | 0.679651 | 2.053272 | 0.684678 | 7.25641 | 13.25641 | 0.982906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2002''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make emergency financial
assistance authorized under this section available to producers on a
farm that have incurred qualifying crop losses for the 2001 or 2002
crop, or both, due to damaging weather or related condition, as
determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for the
quantity and quality losses as were used in administering that section.
(c) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall use such sums as are necessary
of funds of the Commodity Credit Corporation as are necessary to make
and administer payments for livestock losses to producers for 2001 or
2002 losses, or both, in a county that has received a corresponding
emergency designation by the President or the Secretary, of which an
amount determined by the Secretary shall be made available for the
American Indian livestock program under section 806 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
SEC. 4. FUNDING.
Of the funds of the Commodity Credit Corporation, the Secretary
shall--
(1) use such sums as are necessary to carry out this Act;
and
(2) transfer to section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) an amount equal to the amount of funds under
section 32 of that Act that were made available before the date
of enactment of this Act to provide disaster assistance to crop
and livestock producers for losses suffered during 2001 and
2002, to remain available until expended.
SEC. 5. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 6. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)).
SEC. 7. BUDGETARY TREATMENT.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the Joint Explanatory Statement of the Committee of Conference
accompanying Conference Report No. 105-217, the provisions of this Act
that would have been estimated by the Office of Management and Budget
as changing direct spending or receipts under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
902) were it included in an Act other than an appropriation Act shall
be treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 902). | Emergency Agricultural Disaster Assistance Act of 2002 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers (without regard to Federal crop insurance coverage) who have incurred qualifying 2001 and/or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and/or 2002 losses in an emergency-designated county, with set-asides for the American Indian livestock program. | {"src": "billsum_train", "title": "A bill to provide emergency disaster assistance to agricultural producers."} | 1,117 | 92 | 0.61192 | 1.498711 | 0.798398 | 2.036145 | 11.843373 | 0.879518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCORE (Strengthening Community
Opportunities through Rural Education) Act of 2009''.
SEC. 2. ESTABLISHMENT.
There is established in the Department of Education an advisory
committee to be known as the ``National Advisory Committee on Rural
Education'' (hereinafter in this Act referred to as the ``Advisory
Committee'').
SEC. 3. FUNCTIONS.
The Advisory Committee shall study the unique challenges faced by
rural public school systems in providing elementary and secondary
education, including whether and how any of the following factors
affect those unique challenges:
(1) Difficulty in attracting and retaining new teachers.
(2) Deficient or inadequate school facilities and
infrastructure.
(3) Deficient or inadequate transportation infrastructure.
(4) Difficulty in effectively incorporating information
technology.
(5) Decreasing number of recent postsecondary graduates
returning to rural communities.
(6) Limited and varied levels of funding.
SEC. 4. COMPOSITION.
(a) In General.--The Advisory Committee shall be composed of 21
members who shall serve for the life of the Advisory Committee.
(b) Chair.--The Secretary of Education (hereinafter in this Act
referred to as the ``Secretary'') or the designee of the Secretary
shall be a member of the Advisory Committee and shall serve as the
chair of the Advisory Committee.
(c) Secretary of Agriculture.--The Secretary of Agriculture or the
designee of the Secretary of Agriculture shall be a member of the
Advisory Committee.
(d) Appointed Members.--
(1) The chair shall appoint the other 19 members in a
manner that ensures that the membership of the Advisory
Committee is fairly balanced in terms of the points of view
represented and the functions to be performed by the Advisory
Committee.
(2) Such members shall be selected from among experts on
rural public school systems. For the purposes of this
paragraph, the term ``experts on rural public school systems''
means any of the following:
(A) Teachers from such school systems.
(B) Administrators from such school systems.
(C) Members of school boards for such school
systems.
(D) Other individuals with experience or
qualifications that the Secretary determines relevant.
(3) Not less than 1 member shall be an individual with
expertise on incorporating and expanding the role of
information technology in providing education in rural public
school systems.
(4) Not less than 1 member shall be an individual who is
not a full-time or permanent part-time officer or employee of
the Federal Government.
(5) The chair shall fill a vacancy on the Advisory
Committee in the same manner in which the original appointment
was made.
SEC. 5. BYLAWS AND PROCEDURES.
(a) Meetings.--The Advisory Committee shall meet at the call of a
majority of the members of the Advisory Committee.
(b) Quorum.--Eleven members of the Advisory Committee shall
constitute a quorum but a lesser number may hold hearings.
(c) Members Not To Be Considered Federal Officers or Employees.--By
reason of their service on the Advisory Committee, members of the
Committee shall not be considered to be officers or employees of the
Federal Government for purposes of any Federal law.
(d) Travel Expenses.--Each member may receive travel expenses,
including per diem in lieu of subsistence, under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 6. POWERS.
(a) In General.--The Advisory Committee may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Advisory Committee
determines appropriate.
(b) Members and Agents.--Any member or agent of the Advisory
Committee may, if authorized by the Advisory Committee, take any action
that the Advisory Committee is authorized to take by this section.
(c) Mails.--The Advisory Committee may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(d) Contracts.--To the extent or in the amounts provided in advance
in appropriation Acts, the Advisory Committee may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes. The
Advisory Committee may not enter into a contract if the terms of the
contract extend beyond the date the Advisory Committee terminates.
SEC. 7. STAFF.
On request of the Advisory Committee, the Secretary of Education
shall detail, on a reimbursable basis, not more than 4 personnel of the
Department of Education to the Advisory Committee to assist the
Advisory Committee in carrying out this Act.
SEC. 8. REPORT.
Two times each year, the Advisory Committee shall submit to the
Congress and the President and publish a report that--
(1) identifies the unique challenges faced by rural public
school systems in providing elementary and secondary education;
and
(2) makes policy recommendations on a national effort to
reform rural education by addressing or overcoming those
challenges.
SEC. 9. TERMINATION.
The Advisory Committee shall terminate on the date that is 2 years
after the effective date of this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, to remain
available for the life of the Advisory Committee, such sums as may be
necessary to carry out this Act. | SCORE (Strengthening Community Opportunities through Rural Education) Act of 2009 - Establishes, in the Department of Education, the National Advisory Committee on Rural Education to study, and make policy recommendations for overcoming, the unique challenges faced by rural public elementary and secondary school systems, including: (1) difficulties in recruiting and retaining teachers; (2) deficient or inadequate school or transportation facilities; (3) difficulties in effectively incorporating information technology; (4) dwindling numbers of recent postsecondary graduates returning to rural communities; and (5) limited and varied levels of funding.
Requires the Secretary of Education or the Secretary's designee to appoint Advisory Committee members from among experts on rural public school systems. | {"src": "billsum_train", "title": "To establish the National Advisory Committee on Rural Education in the Department of Education."} | 1,219 | 154 | 0.695499 | 1.914465 | 0.782621 | 3.664179 | 8.335821 | 0.932836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Accountability Tax Gap Act
of 2003''.
SEC. 2. AVAILABILITY OF CERTAIN TAX INFORMATION OF PUBLICLY TRADED
CORPORATIONS.
(a) In General.--Section 6103 of the Internal Revenue Code of 1986
is amended by redesignating subsection (q) as subsection (r) and by
inserting after subsection (p) the following new subsection:
``(q) Public Disclosure of Certain Corporate Tax Information.--
``(1) In general.--Each specified corporation shall, on the
date that it files its return of tax imposed by chapter 1 for
each taxable year, electronically file the information
described in paragraph (2) for such year. Not later than 30
days after receiving such information, the Secretary shall make
it electronically available to the public as a single document
and as part of a searchable database as provided in paragraph
(3).
``(2) Information.--The information described in this
paragraph with respect to a corporation for a taxable year are
the following items:
``(A) Net corporate income tax as shown on the
return for such year.
``(B) Amount shown as Federal income tax expense on
its annual statement (if any) filed with the Securities
and Exchange Commission.
``(C) Taxable income as shown on such return.
``(D) Adjusted book income.
``(E) The portion of the total difference between
taxable income and adjusted book income which is
attributable to each of the following:
``(i) Transactions disclosable under
section 6011.
``(ii) Depreciation differences.
``(iii) Stock options.
``(iv) Income from entities consolidated
for book income purposes but not for Federal
income tax purposes.
``(v) Income from pension funds or tax-
exempt bonds.
``(vi) Other items, pursuant to regulations
prescribed by the Secretary.
``(F) An explanation of the differences between
taxable income and adjusted book income that are
attributable to one or more of the following:
``(i) Transactions referred to in
subparagraph (E)(i).
``(ii) Other items specified in regulations
referred to in subparagraph (E)(vi).
``(iii) Any additional information that the
Secretary determines would be useful in
enforcing this title, including any information
which is an indicia of abusive tax avoidance
schemes.
``(3) Access.--The Secretary shall make the information
described in paragraph (2) accessible electronically by a
search which uses the following items:
``(A) Name of the corporation.
``(B) Headquarters location by postal zip code.
``(C) Each category of such information.
``(D) Taxable year or other time period to which
such information relates.
``(E) The CUSIP identification number under which
the corporation files reports with the Securities and
Exchange Commission.
``(4) Specified corporation.--For purposes of this
subsection, the term `specified corporation' means--
``(A) any corporation issuing any class of
securities required to be registered under section 12
of the Securities Exchange Act of 1934, and
``(B) any other domestic corporation which is a
member of an affiliated group (as defined in section
1504) which includes a corporation described in
subparagraph (A).
In the case of a corporation which is a member of an affiliated
group filing a consolidated return, the term `specified
corporation' means such group and not each member thereof.
``(5) Other definitions.--For purposes of this subsection--
``(A) Net corporate income tax.--The term `net
corporate income tax' means the sum of regular tax
liability (as defined by section 26(b)) and the tax
imposed by section 55, reduced by the credits allowable
under part IV of subchapter A of chapter 1.
``(B) Adjusted book income.--The term `adjusted
book income' means book income reported to the
Securities and Exchange Commission (or to shareholders)
without reduction for preferred stock dividends,
Federal income taxes, and income, war profits, or
excess profits taxes imposed by any foreign country or
possession of the United States.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. STUDY OF TAX SHELTER ACTIVITY.
(a) Study.--The Secretary of the Treasury (or the Secretary's
delegate) shall, in coordination with the Joint Committee on Taxation,
Committee on Finance of the Senate, and the Committee on Ways and Means
of the House of Representatives, conduct a study of recent known
corporate tax shelter activity, including information gained from the
tax shelter amnesty announced in Internal Revenue Service Announcement
2002-02 and from the study of Enron tax returns by the such Committee
on Finance.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the report of such study shall be submitted to Committee
on Finance of the Senate and the Committee on Ways and Means of the
House of Representatives. Such report shall include recommendations (if
any) for--
(1) requiring additional information on the reconciliation
of book/tax accounting and publicly disclosing that additional
information under section 6103(q) of the Internal Revenue Code
of 1986, and
(2) publicly disclosing additional information from the
corporate income tax return.
Such report also shall include a description of the actions that such
Secretary has taken toward implementing any such recommendations. | Corporate Accountability Tax Gap Act of 2003 - Amends the Internal Revenue Code to provide for public disclosure of certain information of publicly traded corporations.Directs the Secretary of the Treasury to conduct a study of corporate tax shelter activity. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require greater transparency of corporate tax accounting measures, to facilitate analysis of financial statements, to permit inspection of true corporate tax liability and understand the tax strategies undertaken by corporations, to discourage abusive tax sheltering activities, and to restore investor confidence in publicly traded corporations."} | 1,263 | 50 | 0.476309 | 1.023338 | 0.488083 | 3.119048 | 27.880952 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colombian Temporary Protected Status
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Colombia has been embroiled in a 38-year internal
conflict, resulting in the death of tens of thousands civilians
and combatants;
(2) the 2 main armed antigovernment rebel groups, the
Revolutionary Armed Forces of Colombia (Fuerzas Armadas
Revolucionarias de Colombia, or FARC) and the National
Liberation Army (Ejercito de Liberacion Nacional, or ELN)
control, operate in, or influence 40 to 50 percent of
Colombia's territory;
(3) the FARC and ELN regularly attack civilian populations,
commit extrajudicial killings and massacres, collect war taxes,
compel civilians into their ranks, and engage in other coercive
practices against the civilian population, including the
growing of illicit crops;
(4) the main paramilitary groups, such as the United Self-
Defense Groups of Colombia (Autodefensas Unidas de Colombia, or
AUC), have grown dramatically in recent years to become a major
national force, operating in nearly every department of the
country;
(5) the AUC and related paramilitary groups are
responsible, according to human rights groups, for over 70
percent of extradjudicial killings and forced disappearances in
Colombia since 1995, and regularly attack civilian populations
and engage in other coercive practices against the civilian
population, including the growing of illicit crops;
(6) the FARC, ELN, and AUC, all designated by the
Department of State as foreign terrorist organizations, have an
estimated combined force of 35,000 combatants;
(7) according to Colombian and international refugee
organizations, the number of people newly displaced by
political violence increased by 30 percent from 317,340 in 2000
to 412,000 in 2002, making Colombia's internally displaced
population of approximately 3 million people the second largest
population of internally displaced people in the world;
(8) Afro-Colombian communities, especially the largely
Afro-Colombian province of Choco, registered the highest
percentage of population displaced in 2002;
(9) according to Colombian and international human rights
organizations, the number of people killed or disappeared per
day increased from 14 in 2000 to 20 in 2002;
(10) according to the United Nations High Commissioner for
Human Rights 2003 Annual Report, direct violations by the
Colombian military increased in 2002;
(11) according to Colombian and international human rights
organizations and the State Department's own country reports,
significant collaboration between the AUC and related
paramilitary forces and the Colombian Armed Forces remain
persistent and pervasive, especially at the local,
departmental, and regional level;
(12) kidnappings, perpetrated mainly by the FARC, ELN and
criminal organizations, target mainly middle and upper classes
and political and business leaders, while declining from 3,706
in 2000 to 2,986 in 2002, remain unacceptably high and affect
the daily security of the target populations;
(13) President Uribe has reduced by more than 50 percent
the budgets for the Colombian Human Rights Ombudsman Office (La
Procuraduria) and for local, regional and federal-level
attorneys and officers of the Colombian Human Rights Defenders
Office (Defensoria del Pueblo);
(14) investigations and prosecutions of human rights crimes
have stalled or been dismissed during the 2002-2003 tenure of
Colombian Attorney General Luis Camilo Osorio;
(15) there is little likelihood of a resumption of peace
negotiations between the Colombian government and the largest
rebel force, the FARC, following the collapse of talks in 2002;
and
(16) the violence of the war, which had been mostly
contained in rural areas prior to 2002, has now spread to urban
areas, with cities such as Medellin experiencing an average of
13 killings a day, is daily escalating with no foreseeable
relief in either rural or urban regions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that, in view of the recent
escalation of the current civil war in Colombia, Colombia qualifies for
designation under section 244(b)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian
nationals would be eligible for temporary protected status in the
United States.
SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO COLOMBIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Colombia
shall be treated as if it had been designated under subsection
(b) of that section, subject to the provisions of this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 2 years.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, subject to section 244(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1254a(c)(3)), an alien who is a national of
Colombia meets the requirements of section 244(c)(1) of that Act (8
U.S.C. 1254a(c)(1)) only if--
(1) the alien has been continuously physically present in
the United States since the date of enactment of this Act;
(2) the alien is admissible as an immigrant, except as
otherwise provided under section 244(c)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)), and
is not ineligible for temporary protected status under section
244(c)(2)(B) of that Act (8 U.S.C. 1254a(c)(2)(B)); and
(3) the alien registers for temporary protected status in a
manner that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Columbian Temporary Protected Status Act of 2003 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States.
Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status. States that such initial designation shall be for a two-year period. | {"src": "billsum_train", "title": "To designate Colombia under section 244 of the Immigration and Nationality Act in order to make nationals of Colombia eligible for temporary protected status under such section."} | 1,554 | 97 | 0.284756 | 0.746993 | 0.030416 | 1.844156 | 16.922078 | 0.805195 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Export Enhancement Act
of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the Agreement described in section
101(d)(2) of the Uruguay Round Agreements Act.
(2) Agreement on the application of sanitary; and
phytosanitary measures.--The term ``Agreement on the
Application of Sanitary and Phytosanitary Measures'' means the
Agreement described in section 101(d)(3) of the Uruguay Round
Agreements Act.
(3) Uruguay Round Agreements.-- The term ``Uruguay Round
Agreements'' has the meaning given such term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
(4) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(5) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
(6) WTO and wto member.--The terms ``WTO'' and ``WTO
member'' have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501).
SEC. 3. PRINCIPAL AGRICULTURAL TRADE NEGOTIATING OBJECTIVES.
The principle agricultural trade negotiating objectives of the
United States with respect to the WTO Agreement on Agriculture shall
include the following:
(1) Elimination of tariffs on agricultural products.--The
United States shall negotiate a specific date after which
tariffs imposed on agricultural products shall be eliminated by
WTO members and the United States shall negotiate the immediate
elimination or substantial reduction of the tariffs imposed on
the following products by certain WTO members:
(A) Tariffs imposed on meat products by Japan.
(B) Tariffs imposed on meat products by South
Korea.
(C) Tariffs imposed on grains, livestock, and meat
products by the Philippines.
(D) Tariffs imposed on wheat by South Africa.
(E) Tariffs imposed on milling wheat, corn, and
sorghum by Turkey.
(2) Elimination of export and other trade-distorting
subsidies.--The United States shall negotiate a specific date
after which all export and other trade-distorting subsidies
shall be eliminated by WTO members and the United States shall
negotiate the elimination of the following subsidies provided
by the certain WTO members:
(A) Export subsidies on wheat, wheat flour, beef,
and poultry provided by the European Union.
(B) Domestic subsidies on pork and feed grains
provided by the European Union.
(3) Elimination of the unfair or trade-distorting
activities of state trading enterprises.--
(A) In general.--The United States shall negotiate
the elimination of the exclusive right of state trading
enterprises to import agricultural products in the case
of members of the WTO and shall negotiate the
elimination of the ability of state trading enterprises
to use their exclusive authority over the export of
agricultural products to distort trade and
international prices.
(B) Specific reforms.--The United States shall
negotiate the following specific reforms with respect
to the activities of state trading enterprises:
(i) Ensure that Australia adheres to its
commitment to end the export monopoly of the
Australia Wheat Board no later than January 1,
1999.
(ii) Ensure that Canada eliminates the
discretionary pricing practices of the Canadian
Wheat Board.
(4) Elimination of unjustified sanitary and phytosanitary
restrictions on imports of united states agricultural
products.--The United States shall negotiate the elimination of
the following sanitary and phytosanitary restrictions on
imports of United States agricultural products to the extent
that the restrictions are inconsistent with the WTO Agreement
on the Application of Sanitary and Phytosanitary Measures:
(A) Australia's quarantine and health restrictions
on imports of livestock and poultry.
(B) Australia's prohibition on poultry imports in
the absence of WTO-required risk assessments.
(C) Australia's ban on cooked pork.
(D) Australia's requirement that most feed grains
be steam-treated or processed in an alternative
satisfactory manner at the port of entry.
(E) Chile's refusal to permit United States beef in
consumer cuts to enter the market without being graded
to Chilean standards.
(F) Egypt's refusal to adhere to the standard
international practice of allowing producers to
determine the shelf life of their product.
(G) The European Union's failure to require
labeling only for health or safety reasons.
(H) The failure of the European Union's Specified
Risk Material regulations to recognize regional disease
differences in animal disease status and to account for
available scientific information and advice relating to
the control of bovine spongiform encephalopathy and
other transmissible spongiform encephalopathies in
products of animal origin.
(I) The failure of the European Union to implement
the requirements of the WTO with respect to the
European Union's ban on growth promoting hormones in
meat production.
(J) The European Union's lengthy and unpredictable
approval process for agricultural products that contain
genetically modified organisms.
(K) Greece's ban on the import of United States
wheat.
(L) India's sanitary and phytosanitary restrictions
on imports of United States wheat.
(M) Israel's ban on imports of non-kosher meat and
meat products.
(N) South Korea's excessive labeling requirements.
(O) South Korea's failure to base its standards and
testing procedures on scientific risk assessment.
(P) Poland's zero tolerance policy on weed seeds.
(Q) Turkey's ban on cattle and beef imports.
SEC. 4. ACCESSION OF COUNTRIES WITH STATE TRADING ENTERPRISES TO
GENERAL AGREEMENT ON TARIFFS AND TRADE AND WORLD TRADE
ORGANIZATION.
Section 1106 of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 2905) is amended--
(1) by striking ``major foreign country'' each place it
appears and inserting ``foreign country'';
(2) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) whether state trading enterprises produce or procure
a significant share of--
``(A) the goods exported from such foreign country;
``(B) the goods imported into such foreign country;
or
``(C) the goods produced domestically in such
foreign country; and''; and
(3) in subsection (b)(2)(A)--
(A) by amending clause (i) to read as follows:
``(i) will make purchases and sales in
international trade based solely on commercial
considerations (including price, quality,
availability, marketability, and
transportation), and''; and
(B) in clause (ii), by striking ``, in accordance
with customary practice,''.
SEC. 5. ACCESSION OF CHINA TO THE WTO.
The United States shall not agree to the accession of the People's
Republic of China to the WTO until the President certifies to Congress
the following:
(1) The People's Republic of China evenly applies
phytosanitary and veterinary import quarantine standards that
are based upon modern laboratory techniques.
(2) The People's Republic of China agrees to eliminate the
restrictive import licensing requirements it imposes on pork
products.
(3) The People's Republic of China agrees to permit the
unrestricted importation of meat products.
SEC. 6. THE ACCESSION OF RUSSIA TO THE WTO.
The United States shall not agree to the accession of Russia to the
WTO until the President certifies to Congress the following:
(1) Russia agrees to change the Russian Veterinary
Department requirements in a manner that brings the
requirements into conformity with the WTO's Agreement on the
Application of Sanitary and Phytosanitary Measures. In
particular the requirements must be more transparent and based
on sound science.
(2) Russia agrees to change other sanitary and
phytosanitary requirements that violate the WTO Agreement on
the Application of Sanitary and Phytosanitary Measures,
especially the requirements governing the import of planting
seeds and meat products. | Agriculture Export Enhancement Act of 1998 - Sets forth the principal agricultural trade negotiating objectives of the United States with respect to the World Trade Organization (WTO) Agreement on Agriculture. Requires the United States to negotiate: (1) a specific date after which tariffs imposed on agricultural products shall be eliminated by WTO members (including elimination or substantial reduction of tariffs imposed by Japan and South Korea on meats, the Philippines on grains, livestock, and meat, South Africa on wheat, and Turkey on milling wheat, corn, and sorghum); (2) a specific date after which all export and other trade-distorting subsidies shall be eliminated by WTO members (including elimination of European Union export subsidies on wheat, wheat flour, beef, and poultry and domestic subsidies on pork and feed grains); (3) elimination of the exclusive right of state trading enterprises to import agricultural products in the case of WTO members and their ability to use their exclusive authority over the export of agricultural products to distort trade and international prices (ensuring that Australia adheres to its commitment to end the export monopoly of the Australia Wheat Board no later than January 1, 1999, and that Canada eliminates the discretionary pricing practices of the Canadian Wheat Board); and (4) the elimination of certain sanitary and phytosanitary restrictions on imports of U.S. agricultural products to the extent that they are inconsistent with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.
(Sec. 4) Amends the Omnibus Trade and Competitiveness Act of 1988 to revise the requirement that the President make certain determinations before any foreign country (currently, major foreign country) can accede to the General Agreement on Tariffs and Trade (GATT) and the WTO. Requires the President to determine whether state trading enterprises in the foreign country produce or procure a significant share of: (1) the goods exported from, or imported into, such country; or (2) the goods produced domestically in such country. (An affirmative determination, together with another specified affirmative determination, mandates denial of GATT application to such a country.) Requires a country denied GATT application to enter into an agreement with the United States providing that the state trading enterprises will make purchases and sales in international trade based solely on commercial considerations (including price, quality, availability, marketability, and transportation), and on no other basis. Repeals the "in-accordance-with-customary practice" condition on the requirement that such state trading enterprises afford U.S. business firms adequate opportunity to compete for participation in such purchases and sales, before the GATT 1947 or the WTO agreement will apply between the United States and that country.
(Sec. 5) Prohibits the United States from agreeing to the accession of the People's Republic of China to the WTO until the President certifies to the Congress that China: (1) evenly applies phytosanitary and veterinary import quarantine standards based upon modern laboratory techniques; (2) agrees to eliminate the restrictive import licensing requirements it imposes on pork products; and (3) agrees to permit the unrestricted importation of meat products.
(Sec. 6) Prohibits the United States from agreeing to the accession of Russia to the WTO until the President certifies to the Congress that Russia agrees to change: (1) the Russian Veterinary Department requirements in a manner that brings them into conformity with WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (in particular transparency and basis on sound science); and (2) other sanitary and phytosanitary requirements that violate the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, especially those governing the import of planting seeds and meat products. | {"src": "billsum_train", "title": "Agriculture Export Enhancement Act of 1998"} | 1,822 | 815 | 0.64962 | 2.127433 | 0.749607 | 4.045326 | 2.327195 | 0.909348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological Implant Tracking and
Veteran Safety Act of 2014''.
SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Identification and tracking of biological implants
``(a) Standard Identification System for Biological Implants.--The
Secretary shall adopt the unique device identification system developed
for medical devices by the Food and Drug Administration pursuant to
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)), or implement a comparable standard identification system, for
use in identifying biological implants intended for use in medical
procedures conducted in medical facilities of the Department.
``(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants referred to in
subsection (a) from donor to implantation. Such system shall be
compatible with the identification system adopted or implemented under
subsection (a).
``(2) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall by the Food and Drug
Administration can be notified of the recall, if based on the
evaluation of appropriate medical personnel of the Department of the
risks and benefits, the Secretary determines such notification is
appropriate.
``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or sections 351 or 361 of the Public Health Service Act (42
U.S.C. 262) (including any regulations issued under such Acts), the
provision the Federal Food, Drug, and Cosmetic Act or Public Health
Service Act (including any regulations issued under such Acts) shall
apply.
``(d) Definition of Biological Implant.--In this section, the term
`biological implant' means any human cell, tissue, or cellular or
tissue-based product--
``(1) under the meaning given the term `human cells' in
section 1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
``(2) that is regulated as a device under subpart A of part
801 of title 21, Code of Federal Regulations, or any successor
regulation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
such subchapter the following new item:
``7330B. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--
(A) In general.--With respect to biological
implants described in paragraph (1) of subsection (d)
of section 7330B of title 38, United States Code, as
added by subsection (a), the Secretary of Veterans
Affairs shall adopt or implement a standard
identification system for biological implants, as
required by subsection (a) of such section, by not
later than the date that is 180 days after the date of
the enactment of this Act.
(B) Implants regulated as devices.--With respect to
biological implants described in paragraph (2) of
subsection (d) of such section, the Secretary of
Veterans Affairs shall adopt or implement such standard
identification system in compliance with the compliance
dates established by the Food and Drug Administration
pursuant to section 519(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by subsection (b) of section 7330B, as added by subsection (a),
by not later than the date that is 180 days after the date of
the enactment of this Act.
(d) Reporting Requirement.--If the biological implant tracking
system required by subsection (b) of such section is not operational by
the date that is 180 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall provide to the Committees on
Veterans' Affairs of the Senate and House of Representatives a written
explanation for each month until such time as the system is
operational. Each such explanation shall describe each impediment to
the implementation of the system, steps being taken to remediate each
such impediment, and target dates for a solution to each such
impediment.
SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.
(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of such title
is amended by adding at the end the following new section:
``Sec. 8129. Procurement of biological implants
``(a) In General.--(1) The Secretary may procure biological
implants only from vendors that meet the following conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title and has safeguards to ensure that a production
identifier has been in place at each step of distribution of
each biological implant from its donor.
``(B) The vendor is registered with the Food and Drug
Administration under subpart B of part 1271 of title 21, Code
of Federal Regulations, or any successor regulation, and in the
case of a vendor that uses tissue distribution intermediaries,
the vendor uses only tissue distribution intermediaries that
are appropriately registered with the Food and Drug
Administration.
``(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
``(D) The vendor consents to periodic inspections and
audits by the Department of Veterans Affairs regarding the
accuracy of records and the handling of products.
``(E) The vendor agrees to cooperate with all biological
implant recalls conducted on the vendor's own initiative, by
the request of the Food and Drug Administration, or by a
statutory order of the Food and Drug Administration.
``(F) The vendor agrees to provide to the Secretary any
adverse event report or warning letter of the Food and Drug
Administration issued to the vendor by not later than 30 days
after the vendor receives such report or warning letter.
``(G) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least five years after the date of the procurement of
the biological implant.
``(H) The vendor maintains active accreditation with the
American Association of Tissue Banks or a similar national
accreditation specific to biological implants.
``(2) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration, unless
such implants are not available under such Schedules. For biological
implants listed on the Federal Supply Schedules, the Secretary shall
accommodate reasonable vendor requests to undertake outreach efforts to
educate medical professionals of the Department about the use and
efficacy of such biological implants.
``(3) Section 8123 of this title shall not apply to the procurement
of biological implants.
``(4) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation.
``(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
``(c) Definitions.--In this section:
``(1) The term `biological implant' shall have the meaning
given such term in section 7330B(d) of this title.
``(2) The term `production identifier' means a distinct
identification code that--
``(A) relates a biological implant to the donor of
the implant and to all records pertaining to the
implant;
``(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
``(C) satisfies the requirements of subsection (c)
of section 1271.290 of title 21, Code of Federal
Regulations, or any successor regulation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to such subchapter the following new item:
``8129. Procurement of biological implants.''.
(b) Effective Date.--Section 8129 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under
subsection (b) of section 7330B of such title, as added by section 2(a)
is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8129 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that date may be procured by the Department
of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330B of
such title, as added by section 2(a). | Biological Implant Tracking and Veteran Safety Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in medical procedures conducted in Department of Veterans Affairs (VA) medical facilities; (2) implement a compatible system for tracking the implants from donor to implantation; and (3) implement inventory controls compatible with such tracking system so that all patients who have received, in a VA medical facility, a biological implant subject to a recall by the FDA can be notified of the recall. Authorizes the Secretary to procure biological implants only from vendors that meet specified conditions, including that the vendor uses the standard identification system, consents to periodic VA inspections and audits, is registered with the FDA, and maintains national accreditation specific to biological implants. Requires the Secretary to: (1) procure such implants under General Services Administration (GSA) Federal Supply Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants that are listed on such Schedules, and (3) procure biological implants that are unavailable for procurement under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Makes any VA procurement employee found responsible for a biological implant procurement transaction with intent to avoid, or with reckless disregard of, the requirements of this Act ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder. | {"src": "billsum_train", "title": "Biological Implant Tracking and Veteran Safety Act of 2014"} | 2,187 | 346 | 0.659476 | 1.993018 | 0.764948 | 4.804416 | 6.350158 | 0.949527 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Sexual and
Violent Predators Act''.
SEC. 2. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the date of
enactment of this Act, each State educational agency, or local
educational agency in the case of a local educational agency designated
under State law, that receives funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect
policies and procedures that--
(1) require that a criminal background check be conducted
for each school employee that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee if such employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) murder;
(ii) child abuse or neglect;
(iii) a crime against children, including
child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with State law or the policies of local educational
agencies served by the State educational agency;
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee may appeal, but which does not permit the employee to
be employed as a school employee during such appeal, the
results of a criminal background check conducted under
paragraph (1) which prohibit the employee from being employed
as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected;
(6) ensure that such policies and procedures are published
on the website of the State educational agency and the website
of each local educational agency served by the State
educational agency; and
(7) allow a local educational agency to share the results
of a school employee's criminal background check recently
conducted under paragraph (1) with another local educational
agency that is considering such school employee for employment
as a school employee.
(b) Fees for Background Checks.--
(1) Charging of fees.--The Attorney General, attorney
general of a State, or other State law enforcement official may
charge reasonable fees for conducting a criminal background
check under subsection (a)(1), but such fees shall not exceed
the actual costs for the processing and administration of the
criminal background check.
(2) Administrative funds.--A local educational agency or
State educational agency may use administrative funds received
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) to pay any reasonable fees charged for
conducting such criminal background check.
(c) Definitions.--In this Act:
(1) In general.--The terms ``elementary school'',
``secondary school'', ``local educational agency'', ``State'',
and ``State educational agency'' have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with, a local educational agency, or
State educational agency, that receives Federal
funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services
with an elementary school, secondary school, local
educational agency, or State educational agency, that
receives Federal funds under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.); and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students. | Protecting Students from Sexual and Violent Predators Act This bill requires a state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with state law or LEA policies; provide a school employee with a timely process to appeal the results of a background check; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a school employee's recent background check with another LEA that is considering that individual for employment. | {"src": "billsum_train", "title": "Protecting Students from Sexual and Violent Predators Act"} | 1,217 | 229 | 0.623078 | 1.784596 | 0.801282 | 2.952381 | 6.845238 | 0.845238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Intelligence Agency
Voluntary Separation Incentive Act''.
SEC. 2. VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) Program Authority.--The Director of Central Intelligence may in
the Director's discretion establish and administer a program under
which the Director may pay, subject to the availability of
appropriations, a financial incentive to employees of the Central
Intelligence Agency referred to in subsection (b) for voluntarily
separating, by retirement or resignation, from employment by the
Central Intelligence Agency.
(b) Applicability of Program.--The Director may apply a program
established under subsection (a) to any or all of the employees of the
Central Intelligence Agency who--
(1) serve under an appointment without a time limitation;
(2) have been employed by the Central Intelligence Agency
for not less than 12 months;
(3) meet such requirements as the Director of Central
Intelligence may prescribe, which may include requirements
relating to--
(A) years of service;
(B) skills; and
(C) level of pay;
(4) are not reemployed annuitants under a retirement system
for employees of the Federal Government; and
(5) are not employees eligible for disability retirement
under a retirement system for employees of the Federal
Government.
(c) Additional Eligible Employees.--
(1) Authority.--The Director of Central Intelligence may,
on a case-by-case basis, apply the program under subsection (a)
to an employee of the Central Intelligence Agency not eligible
under subsection (b) if the Director determines that doing so
is necessary or advisable in the interests of the United
States.
(2) Authority not delegable.--The authority under paragraph
(1) may not be delegated.
(3) Report on use of authority.--The Director of Central
Intelligence shall report each instance of the exercise of the
authority under paragraph (1) to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(d) Cap on Incentive Amount.--The total amount paid by the Central
Intelligence Agency to an employee pursuant to subsection (a) may not
exceed the lesser of--
(1) the minimum amount that is determined, from time to
time, by the Director of Central Intelligence as--
(A) necessary to result in the desired number of
voluntary separations; and
(B) appropriate; or
(2) $25,000.
(e) Termination of Service or Reimbursement Obligations.--
(1) Authority.--In the case of an employee who is obligated
under an agreement between the employee and the Central
Intelligence Agency to render service to the Central
Intelligence Agency or to reimburse the United States for not
so serving, the Director of Central Intelligence may terminate
the employee's obligation under that agreement in connection
with the separation of the employee from employment and the
payment of a financial incentive to the employee under a
program established pursuant to subsection (a).
(2) Agreements covered.--Agreements referred to in
paragraph (1) include any agreement entered into pursuant to
section 506 of the Intelligence Authorization Act for Fiscal
Year 1987 (50 U.S.C. 403j note).
(f) Cost Neutrality or Savings.--The Director of Central
Intelligence shall ensure that the total cost of incentives paid to
employees under a program established pursuant to subsection (a) during
the period beginning on the date of the enactment of this Act and
ending on September 30, 1998, does not exceed the total cost that the
Central Intelligence Agency would have incurred for the pay and other
personnel benefits for such employees if they had remained employees of
the Central Intelligence Agency for that period.
(g) Relationship to Other Government Benefits.--The amount paid to
a person pursuant to subsection (a) may not--
(1) be the basis for payment of, and may not be included in
the computation of, any other monetary benefit payable with
respect to that person by the Federal Government; and
(2) be taken into account for purposes of determining the
amount of any severance pay to which such person is entitled
under any other provision of law based on any other separation
from employment by the Federal Government.
(h) Termination of Authority.--No financial incentive amount may be
paid under the authority of this section in connection with any
voluntary separation occurring after September 30, 1998.
(i) Regulations.--The Director of Central Intelligence shall
prescribe such regulations as may be necessary to carry out this
section. | Central Intelligence Agency Voluntary Separation Incentive Act - Authorizes the Director of Central Intelligence to establish a program to encourage voluntary separations, by retirement or resignation, from Central Intelligence Agency employment. | {"src": "billsum_train", "title": "Central Intelligence Agency Voluntary Separation Incentive Act"} | 1,010 | 52 | 0.604742 | 1.506042 | 0.973449 | 3.588235 | 26.941176 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Clear Campaign Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On May 9, 2013, President Barack Obama issued an
Executive order that made open and machine-readable data the
new default for Government information.
(2) Open data principles are essential for transparency and
efficiency in government.
(3) In 2012, the Federal Communications Commission required
television stations to place on the Internet website of the
Commission certain materials in the files such stations are
required to maintain and make available for public inspection,
including important information about the purchasing of
political advertisements.
(4) The Commission declined to require such materials to be
machine-readable, deciding at the time that it was more
important to get the information online faster.
(5) Machine readability is a critical component of open
government and provides interested parties with the necessary
access to evaluate data in a more comprehensive way.
SEC. 3. MATERIAL IN ONLINE PUBLIC INSPECTION FILE REQUIRED TO BE IN
MACHINE-READABLE FORMAT.
(a) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall promulgate regulations that
require a covered entity, to the extent such entity is required to make
material in the public inspection file of such entity available on, or
upload such material to, an Internet website, to make such material
available or upload such material in a format that is machine-readable.
(b) Applicability.--The regulations promulgated under subsection
(a) shall apply--
(1) to a covered entity for which an online public
inspection file requirement is in effect on the date of the
promulgation of such regulations--
(A) with respect to the political file portion of
the public inspection file, beginning not later than
the date that is 60 days after the date of such
promulgation; and
(B) with respect to the other portions of the
public inspection file, at the same time as such
regulations apply under subparagraph (A) with respect
to the political file portion of the public inspection
file or as soon thereafter as the Commission considers
practicable; and
(2) to a covered entity for which an online public
inspection file requirement becomes effective after the date of
the promulgation of such regulations--
(A) with respect to the political file portion of
the public inspection file, beginning on the later of--
(i) the date of applicability of such
regulations under paragraph (1)(A); or
(ii) the date on which the online public
inspection file requirement becomes effective
for such entity; and
(B) with respect to the other portions of the
public inspection file, at the same time as such
regulations apply under subparagraph (A) with respect
to the political file portion of the public inspection
file or as soon thereafter as the Commission considers
practicable.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered entity.--The term ``covered entity'' means a
television broadcast station, AM or FM radio broadcast station,
cable operator, direct broadcast satellite service provider, or
satellite digital audio radio service provider.
(3) Machine-readable.--The term ``machine-readable'' means,
with respect to the format of material in a public inspection
file, that such format supports the automated searching for
particular text within and among documents, the bulk
downloading of data contained in such material, the
aggregation, manipulation, sorting, and analysis of the data
contained in such material, and such other functionality as the
Commission considers appropriate.
(4) Online public inspection file requirement.--The term
``online public inspection file requirement'' means a
requirement for a covered entity to make material in the public
inspection file of such entity available on, or upload such
material to, an Internet website.
(5) Political file.--The term ``political file'' means,
with respect to a covered entity, the file that such entity is
required to maintain and make available for public inspection
under section 315(e) of the Communications Act of 1934 (47
U.S.C. 315(e)) or under any similar requirement applicable to
such entity that is administered by the Commission.
(6) Public inspection file.--The term ``public inspection
file'', with respect to a covered entity--
(A) means the file or files that such entity is
required to maintain and make available for public
inspection under section 25.701, 73.3526, 73.3527, or
76.1700 of title 47, Code of Federal Regulations (or
any successor regulation), as applicable to such
entity, or under any similar requirement applicable to
such entity that is administered by the Commission; and
(B) includes any political file that such entity is
required to maintain and make available for public
inspection. | Fair and Clear Campaign Transparency Act This bill directs the Federal Communications Commission to require online public inspection files that must be uploaded to the Internet by television broadcast stations, AM or FM radio broadcast stations, cable operators, direct broadcast satellite service providers, or satellite digital audio radio service providers to be made available to the public in a machine-readable format that supports automated searching, bulk downloading, aggregation, manipulation, and sorting. Public inspection files include political files that contain records of requests to purchase broadcast time by or on behalf of candidates for public office or to communicate a message relating to a political matter of national importance. | {"src": "billsum_train", "title": "Fair and Clear Campaign Transparency Act"} | 1,054 | 132 | 0.531026 | 1.581888 | 0.625901 | 2.141667 | 8.441667 | 0.825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Fair Warning Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal regulations advance many important goals,
including protecting the environment and the health and safety
of all Americans.
(2) For regulations to effectively protect the public and
promote the public interest, the fact of their existence and
what they mean must be available to the persons and entities
willing to investigate what the law and regulations require.
(3) Fairness also requires that a person should be able to
learn of regulations and of their meanings before they can be
sanctioned for violating them.
(4) Fairness also should prevent a person from being
sanctioned for violating a regulation if an official has misled
the person as to what the regulation prohibits or requires and
the person has reasonably relied upon such misleading
information.
(5) The Due Process Clause of the Fifth Amendment gives
Americans a right to have access to regulations and the
opportunity to learn their meanings before such regulations can
be the basis for depriving them of liberty or property.
(6) Effective procedures for protecting this right can
improve the effectiveness of regulation, foster the sense that
regulations are fairly enforced, and ensure that the right to
due process actually benefits Americans.
(7) Ensuring that agencies give Americans access to
regulations, the opportunity to learn their meanings, and
access to accurate information about them before any sanction
can be imposed will encourage agencies to make regulatory
requirements clearly known, will encourage people and entities
to learn what regulations require of them, and will foster
legality, fairness, and justice in the enforcement of Federal
regulations.
SEC. 3. BAN ON IMPOSITION OF SANCTIONS BY AGENCIES IN CERTAIN
CIRCUMSTANCES.
Section 558 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(d)(1) No sanction shall be imposed on a person by an agency for
a violation of a rule if the agency finds any one of the following:
``(A) The rule was not--
``(i) printed in the Code of Federal Regulations;
``(ii) printed in the Federal Register;
``(iii) known to the person; or
``(iv) knowable to a person who has engaged in a
reasonable, good faith investigation of the rules
applicable to the conduct that allegedly violated the
rule.
``(B) The rule failed to give the person fair warning of
the conduct that the rule prohibits or requires.
``(C) With respect only to a retrospective sanction, the
person acted in reasonable reliance upon written
representations about what the rule prohibits or requires which
were issued by the agency or an official with actual or
apparent authority to interpret, administer, or enforce the
rule.
``(2) For purposes of this subsection, an agency shall find that a
rule gives fair warning of the conduct that the rule prohibits or
requires if a reasonable person, acting in good faith, would be able to
identify, with reasonable certainty, the standards with which the rule
requires the person's conduct to conform.''.
SEC. 4. BAN ON IMPOSITION OF SANCTIONS BY COURTS IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1660. Ban on sanctions for violations of agency rules in certain
circumstances
``(a) No civil or criminal sanction may be imposed by a court for a
violation of a rule if the court finds any one of the following:
``(1) The rule was not--
``(A) printed in the Code of Federal Regulations;
``(B) printed in the Federal Register;
``(C) known to the person; or
``(D) knowable to a person who has engaged in a
reasonable, good faith investigation of the rules
applicable to the conduct that allegedly violated the
rule.
``(2) The rule failed to give the person fair warning of
the conduct that the rule prohibits or requires.
``(3) With respect only to a retrospective sanction, the
person acted in reasonable reliance upon written
representations about what the rule prohibits or requires which
were issued by the agency or an official with actual or
apparent authority to interpret, administer, or enforce the
rule.
``(b) For purposes of this section, a court shall find that a rule
gives fair warning of the conduct that the rule prohibits or requires
if a reasonable person, acting in good faith, would be able to
identify, with reasonable certainty, the standards with which the rule
requires the person's conduct to conform.
``(c) For purposes of this section, the term `rule' shall have the
meaning given that term by section 551 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1659 the following new item:
``1660. Ban on sanctions for violations of agency rules in certain
circumstances.''. | Regulatory Fair Warning Act of 1999 - Prohibits a Federal agency or court from imposing a sanction for a violation of a rule if the agency or court finds any one of the following: (1) the rule was not printed in the Code of Federal Regulations or in the Federal Register, was not known to the person, or was not knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; (2) the rule failed to give the person fair warning of the conduct that it prohibits or requires; or (3) with respect only to a retrospective sanction, the person acted in reasonable reliance upon written representations about what the rule prohibits or requires which were issued by the agency or an official with actual or apparent authority to interpret, administer, or enforce the rule. | {"src": "billsum_train", "title": "Regulatory Fair Warning Act of 1999"} | 1,145 | 183 | 0.572667 | 1.714728 | 0.836027 | 7.114458 | 6.644578 | 0.957831 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Davis-Bacon Reform
Act''.
(b) Reference.--Whenever in this Act (other than in section 12) 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 Act of March 3, 1931, entitled ``An Act relating
to the rate of wages for laborers and mechanics employed on public
buildings of the United States and the District of Columbia by
contractors and subcontractors, and for other purposes'' (40 U.S.C.
276a et seq.) (commonly referred to as the ``Davis-Bacon Act'').
SEC. 2. INCREASE IN THRESHOLD AMOUNT.
Subsection (a) of section 1 (40 U.S.C. 276a(a)) is amended by
striking out ``$2,000'' and inserting in lieu thereof ``$500,000''.
SEC. 3. APPROPRIATE CIVIL SUBDIVISION FOR COMPUTATION OF PREVAILING
WAGE.
Subsection (a) of section 1 (40 U.S.C. 276(a)) is amended by
striking out ``the city, town, village, or other civil subdivision of
the State, in which the work is to be performed,'' and inserting in
lieu thereof ``the particular urban or rural subdivision (of the State)
in which the work is to be performed,''.
SEC. 4. DETERMINATION OF PREVAILING WAGE.
Subsection (a) of section 1 (40 U.S.C. 276(a)) is amended by adding
at the end thereof the following new sentence: ``In determining the
prevailing wage for a class of laborers, mechanics, or helpers where
more than a single wage is being paid to the corresponding class of
laborers, mechanics, or helpers, the Secretary shall establish as the
prevailing wage the entire range of wages being paid to such
corresponding class of laborers, mechanics, or helpers employed on
private industry projects of a character similar to the contract work
in the urban or rural subdivision of the State in which the work is to
be performed, or in the District of Columbia if the work is to be
performed there.''.
SEC. 5. EXCLUSION OF FEDERAL PROJECTS FROM PREVAILING WAGE COMPUTATION.
Subsection (b)(1) of section 1 (40 U.S.C. 276a(b)(1)) is amended by
inserting before the semicolon the following: ``, excluding the basic
hourly rates of pay of individuals whose wages are established pursuant
to the requirements of this Act, unless it is determined that there is
insufficient wage data to determine the prevailing wages in the absence
of data from such Federal or federally assisted projects''.
SEC. 6. CLASSIFICATION OF HELPERS.
Section 1 (40 U.S.C. 276a) is amended by adding at the end thereof
the following new subsection:
``(c)(1) For the purposes of this Act, helpers of laborers or
mechanics shall be considered as a separate class and prevailing wages
for such helpers shall be determined on the basis of the corresponding
class of helpers employed on private industry projects of a character
similar to the contract work in the urban or rural subdivision of the
State in which the work is to be performed, or in the District of
Columbia if the work is to be performed there.
``(2) For purposes of this section, the term `helper' means a semi-
skilled worker (rather than a skilled journeyman mechanic) who--
``(A) works under the direction of and assists a
journeyman,
``(B) under the direction and supervision of the
journeyman, performs a variety of duties to assist the
journeyman, such as--
``(i) preparing, carrying, and furnishing
materials, tools, equipment, and supplies and
maintaining them in order,
``(ii) cleaning and preparing work areas,
``(iii) lifting, positioning, and holding materials
or tools, and
``(iv) other related semi-skilled tasks as directed
by the journeyman, and
``(C) may use tools of the trade which are under the
direction and supervision of the journeyman.''.
SEC. 7. PROHIBITION ON CONTRACT-SPLITTING.
Section 1 (40 U.S.C. 276a) (as amended by section 6) is further
amended by adding at the end thereof the following new subsections:
``(d) Any person entering into a contract under which wages are to
be determined in accordance with this Act shall not divide any project
into contracts of $500,000 or less if the project would not have been
so divided but for the purpose of avoiding the application of this Act.
``(e) Whenever the Secretary of Labor determines that a division
for such purpose as described in subsection (d) has occurred, the
Secretary may--
``(1) require that the contracts, grants, or other
instruments providing Federal financing or assistance be
amended so as to incorporate retroactively all the provisions
which would have been required under this Act or other
applicable prevailing wage statute, and
``(2) require the contracting or assisting agency, the
recipient of Federal financing or assistance, or any other
entity which awarded the contract or instrument providing
Federal financing or assistance in violation of this section,
to compensate the contractor, the grantee, or other recipient
of Federal assistance, as appropriate, for payment to each
affected laborer, mechanic, and helper, of an amount equal to
the difference between the rate received and the applicable
prevailing wage rate, with interest on wages due at the rate
specified in section 6621(c) of the Internal Revenue Code of
1986, from the date the work was performed by such laborers,
mechanics, and helpers.
``(f) The Secretary shall make a determination that a division for
such purpose as described in subsection (d) has occurred only where the
Secretary has notified the agency or entity in question not later than
180 days after completion of construction on the project that an
investigation will be conducted concerning an alleged violation of this
subsection.''.
SEC. 8. TECHNICAL AMENDMENT APPLYING REFORM TO RELATED ACTS.
The Act (40 U.S.C. 276a et seq.) is amended by adding at the end
thereof the following new section:
``Sec. 8. No provision of any law requiring the payment of
prevailing wage rates as determined by the Secretary in accordance with
this Act shall apply to contracts for construction, alteration, or
repair valued at $500,000 or less, or in the case of rent supplement
assistance or other assistance for which the instrument of Federal
financing or assistance does not have an aggregate dollar amount, where
the assisted project is in the amount of $500,000 or less.''.
SEC. 9. MATCHING FUNDS.
The Act (40 U.S.C. 276a et seq.) (as amended by section 8) is
further amended by adding at the end thereof the following new section:
``Sec. 9. In the case of a grant or other instrument by which the
Federal Government provides to or shares with any State or subdivision
thereof funding of a construction, alteration, repair, rehabilitation,
reconstruction, or renovation project, any law requiring the payment of
prevailing wage rates as determined by the Secretary in accordance with
this Act shall apply to that project only if at least 25 percent of the
costs of that project are paid by the Federal grant or instrument.''.
SEC. 10. VOLUNTARY CONTRIBUTION OF SERVICES.
(a) In General.--The Act (40 U.S.C. 276a et seq.) (as amended by
sections 8 and 9) is further amended by adding at the end thereof the
following new section:
``Sec. 10. The provisions of section 1 of this Act relating to the
wages required to be paid shall not apply to any individual--
``(1) who contributes services on a voluntary basis; and
``(2) who--
``(A) does not receive compensation for such
services; or
``(B) is paid expenses, reasonable benefits, or a
nominal fee for such services; and
``(3) whose contribution of such services is specifically
approved in advance by the contracting or assisting agency, the
recipient of Federal financing or assistance, or other entity
which awarded the contract or instrument providing Federal
financing or assistance, which is the entity in the closest
relation to the work to be performed; and
``(4) whose contribution of such services is not for the
benefit or competitive advantage of any contractor otherwise
performing or seeking to perform work on the same project.''.
(b) Technical Amendment.--Subsection (b) of section 3 (40 U.S.C.
276a-2) is amended by inserting ``(except as provided for in section 10
of this Act)'' after ``agreed to accept less than the required rate of
wages''.
SEC. 11. TECHNICAL AMENDMENTS.
(a) Short Title.--The Act (40 U.S.C. 276a et seq.) is amended--
(1) by redesignating sections 1 through 6 as sections 2
through 7, respectively; and
(2) by inserting before section 2, as so redesignated, the
following new section:
``Section 1. This Act may be cited as the `Davis-Bacon Act'.''.
(b) Payment of Wages by Comptroller General.--Subsection (a) of
section 4, as so redesignated, (40 U.S.C. 276a-2) is amended by
striking out the first sentence and inserting in lieu thereof the
following new sentences: ``In accordance with regulations issued by the
Secretary pursuant to Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267), any wages found to be due to laborers, mechanics, and helpers
pursuant to this Act shall be paid directly to such laborers,
mechanics, and helpers from any accrued payments withheld under the
terms of the contract. Any sums due laborers, mechanics, or helpers
under section 1, not paid because of inability to do so within 3 years,
shall revert to or be deposited into the Treasury of the United States.
The Administrator of General Services shall distribute a list to all
departments of the Government giving the names of persons or firms that
the Secretary has found to have disregarded their obligations to
employees and subcontractors.''.
SEC. 12. COPELAND ACT PAPERWORK REDUCTION AMENDMENT.
(a) Statements.--Section 2 of the Act of June 13, 1934, entitled
``An Act to effectuate the purpose of certain statutes concerning rates
of pay for labor, by making it unlawful to prevent anyone from
receiving the compensation contracted for thereunder, and for other
purposes'' (40 U.S.C. 276c) (commonly referred to as the ``Copeland
Act'') is amended by striking out ``shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week'' and inserting in lieu thereof ``shall furnish, at the beginning,
midpoint, and conclusion of the period covered by the contract, a
statement with respect to the weekly wages paid each employee during
such period, except that such statement shall be furnished no less
often than every 3 months''.
(b) Application.--Section 2 of such Act (40 U.S.C. 276c) is further
amended by adding at the end thereof the following new sentence: ``This
section shall not apply to any contract or project that is exempted by
its size from the application of the Davis-Bacon Act.''.
SEC. 13. REPORTS REQUIRED.
Beginning 1 year after the effective date of the amendments made by
this Act, and at intervals of 1 year thereafter, the Secretary of Labor
and the Comptroller General of the United States shall each prepare and
submit to the appropriate committees of Congress a report describing
the results of a review of the implementation, enforcement,
administration, impact on local wages, and impact on local and national
economies of the Act of March 3, 1931 (the Davis-Bacon Act), the Act of
June 13, 1934 (the Copeland Act), and the amendments made by this Act
during the preceding 12-month period, including recommendations for
such further legislation as may be appropriate.
SEC. 14. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 60 days after the date of enactment of this Act but shall not affect
any contract in existence on that date or made pursuant to invitations
for bids outstanding on that date. | Davis-Bacon Reform Act - Amends the Davis-Bacon Act (the Act) to raise the threshold amount of contracts covered by such Act and related Acts.
Requires computation of the prevailing wage for the particular urban or rural subdivision of the State in which the work is to be performed.
Requires establishment as the prevailing wage the entire range of wages paid to the corresponding class of workers in an area.
Excludes Federal or federally assisted projects from the determination of prevailing wage, unless there is insufficient wage data.
Allows use of semi-skilled helpers, on projects covered by the Act, in areas where such use is an identifiable practice.
Prohibits contract-splitting to avoid applications of the Act.
Applies the Act to local projects only if at least 25 percent of the project costs are paid by Federal funds.
Exempts volunteer labor from coverage under the Act.
Provides for direct payment of any back pay due to workers under the Act.
Amends the Copeland Anti-Kickback Act to revise payroll information reporting requirements.
Directs the Secretary of Labor and the Comptroller General to report annually to the appropriate congressional committees on implementation and impact on local wages and on local and national economies of the Davis-Bacon Act and the Copeland Anti-Kickback Act. | {"src": "billsum_train", "title": "Davis-Bacon Reform Act"} | 2,889 | 296 | 0.533414 | 1.592628 | 0.805907 | 2.778226 | 10.310484 | 0.866935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare IME Pool Act of 2015''.
SEC. 2. REVISION OF MEDICARE PAYMENTS FOR INDIRECT MEDICAL EDUCATION
(IME) COSTS IN TEACHING HOSPITALS.
(a) In General.--Section 1886 of the Social Security Act (42 U.S.C.
1395ww) is amended--
(1) in subsection (d)(5)(B)--
(A) in the clause (x) added by section 5505(b) of
the Patient Protection and Affordable Care Act--
(i) by moving the indentation of each
provision in such clause 6 ems to the left; and
(ii) by redesignating such clause as clause
(xi); and
(B) by adding at the end the following new clause:
``(xii) With respect to discharges occurring in cost reporting
periods ending during or after fiscal year 2019, instead of the
additional payment that would have been paid under this subparagraph to
a subsection (d) hospital or a subsection (d) Puerto Rico hospital with
indirect costs of medical education and notwithstanding the previous
provisions of this subparagraph, there shall be paid to the hospital
the payment determined under subsection (t) for such hospital and cost
reporting period.''; and
(2) by adding at the end the following new subsection:
``(t) Payment for Indirect Medical Education.--
``(1) In general.--
``(A) Amount of payment.--For purposes of
subsection (d)(5)(B)(xii), the payment under this
subsection for a subsection (d) hospital (or a
subsection (d) Puerto Rico hospital) for a cost
reporting period ending during or after fiscal year
2019 is the payment of an amount equal to the product
of--
``(i) the IME pool amount computed under
paragraph (2) for the fiscal year; and
``(ii) the allotment factor under paragraph
(3) for such cost reporting period and fiscal
year.
``(B) Form of payment.--Payments of amounts under
this subsection shall be made from the Federal Hospital
Insurance Trust Fund with respect to a cost reporting
period in accordance with such timing as the Secretary
determines is similar to the timing of additional
payments that are made under subsection (h).
``(2) IME pool amount.--
``(A) In general.--The IME pool amount under this
paragraph--
``(i) for fiscal year 2019 is equal to the
base amount computed under subparagraph (B);
and
``(ii) for a subsequent fiscal year is
equal to the sum of--
``(I) the IME pool amount under
this paragraph for the previous fiscal
year increased by the market basket
percentage increase (as defined in
subsection (b)(3)(B)(iii)) applicable
to discharges occurring in such
subsequent fiscal year; and
``(II) the new teaching program
amount computed under subparagraph (C)
for the fiscal year.
``(B) Base amount.--The base amount computed under
this subparagraph is $9,500,000,000, increased by the
sum, for each of fiscal years 2015 through 2019, of the
product of--
``(i) the weighted average number of full-
time-equivalent resident positions in approved
medical residency training programs (as
determined under subsection (h)(4)) for which
payment is first made under subsection (h) in
the fiscal year; and
``(ii) the Secretary's estimate of the
national average expenditures per resident
position that are attributable to additional
payments under subsection (d)(5)(B) for
discharges in such fiscal year.
``(C) Adjustment for new teaching programs.--The
new teaching program amount computed under this
subparagraph for a fiscal year is equal to the product
of--
``(i) the weighted average number of full-
time-equivalent resident positions in approved
medical residency training programs (as
determined under subsection (h)(4)) for which
payment is first made under subsection (h) in
the fiscal year; and
``(ii) the IME pool amount under this
paragraph for the fiscal year (determined
without regard to this subparagraph), divided
by the average number of all full-time-
equivalent resident positions in approved
medical residency training programs (as
determined under subsection (h)(4)) for which
payment is made under subsection (h) in the
fiscal year (as estimated by the Secretary).
``(3) Allotment based on fte resident count.--The allotment
factor under this paragraph for a hospital eligible to receive
payment under this subsection with respect to a cost reporting
period ending in a fiscal year is equal to the ratio (as
estimated by the Secretary) of--
``(A) the weighted average number of full-time-
equivalent residents for the hospital for the cost
reporting period (as determined under subsection
(h)(4)); to
``(B) the total of the weighted average numbers of
full-time-equivalent residents, as determined under
subparagraph (A), for all such hospitals for cost
reporting periods ending in such fiscal year.
The Secretary shall make such adjustments in such allotment
factor for subsequent cost reporting periods as the Secretary
determines necessary to account for errors in the Secretary's
estimation of such allotment factor under this paragraph for
previous cost reporting periods.''. | Medicare IME Pool Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to revise Medicare payment for indirect medical education (IME) costs in teaching hospitals. (Teaching hospitals receive IME payments to account for various factors that increase costs in such hospitals.) Under current law, the IME adjustment is calculated based on the ratio of the hospital's full-time equivalent (FTE) interns and residents to beds. The bill alters the calculation of IME payments such that they are equal to the product of a base amount (adjusted, after FY2019, by the market basket percentage increase applicable to discharges and to account for new teaching programs) and an allotment factor based on FTE resident count. The bill also makes a technical amendment. | {"src": "billsum_train", "title": "Medicare IME Pool Act of 2015"} | 1,209 | 177 | 0.567243 | 1.611038 | 0.769421 | 2.136986 | 7.506849 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxics by Rail Accountability and
Community Knowledge (TRACK) Act of 2014''.
SEC. 2. CHEMICAL EXPOSURE RIGHT-TO-KNOW.
(a) Definitions.--In this section:
(1) Long-lasting or irreversible health consequences.--The
term ``long-lasting or irreversible health consequences'' means
those health consequences occurring at the exposure threshold
defined in the Acute Exposure Guideline Level AEGL-2 or AEGL-3,
as established by the National Advisory Committee on Acute
Exposure Guideline Levels for Hazardous Substances.
(2) Post-accident public health assessment.--The term
``post-accident public health assessment'' means a scientific
assessment of the impacts of a hazardous material release on
public health made by a qualified entity.
(3) Qualified entity.--The term ``qualified entity'' means
a Federal, State, or other governmental entity responsible for
emergency response, public health, chemical safety or
transportation, or environmental protection.
(b) Right-To-Know Protections.--Beginning 180 days after the date
of the enactment of this Act, railroad carriers that are found to be at
fault by an administrative, judicial, or investigatory process for an
accident or incident during calendar year 2010 or later that led to an
unintended release of hazardous materials shall periodically review any
post-accident public health assessments regarding the extent to which
individuals exposed to the hazardous material that was released could
experience long-lasting or irreversible health consequences, and--
(1) inform in a timely manner individuals exposed to the
hazardous material of any health information, including
information regarding long-lasting or irreversible health
consequences, included in such reports; and
(2) offer to renegotiate any legal settlements made to
individuals impacted by a hazardous material release for which
additional information about the potential for long-lasting or
irreversible health consequences has been later disclosed in a
post-accident public health assessment.
(c) Enforcement.--Any railroad carrier violating subsection (b)(2)
or a regulation prescribed pursuant to such subsection shall be liable
to the Federal Government for a civil penalty for each violation or for
each day the violation continues, as follows:
(1) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class I
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $100,000 and
not more than $1,000,000.
(2) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class II
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $25,000 and not
more than $250,000.
(3) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class III
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $10,000 and not
more than $100,000.
SEC. 3. COMMODITY FLOW TRANSPARENCY.
Not later than two years after the date of the enactment of this
Act, the Secretary of Transportation shall prescribe regulations
requiring a railroad carrier transporting a hazardous material to
provide first responders, emergency response officials, and law
enforcement personnel in the communities through which the hazardous
material is transported with accurate and current commodity flow data
and assist with development of emergency operations and response plans
designed to protect public health and community safety in the event of
a railroad accident or incident involving the hazardous material. In
prescribing these regulations, the Secretary may consider which
hazardous materials or classes of hazardous materials are most relevant
to be included within commodity flow information based on factors
including the volume of the hazardous material transported and the
threat to public health and community safety posed by each hazardous
material.
SEC. 4. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT.
(a) Procedure Required.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
prescribe regulations establishing a procedure for a railroad carrier
to permit a train to pass a red signal aspect protecting a moveable
bridge.
(b) Training and Qualifications.--
(1) Training program.--The procedure established pursuant
to subsection (a) shall require a railroad carrier that
operates across a moveable bridge to have in place a program to
train and qualify employees of the carrier to determine whether
a train can safely travel across a moveable bridge when a
signal protecting the bridge is displaying a red signal aspect.
(2) Required qualifications.--The railroad carrier shall
ensure that only an individual qualified under the railroad
carrier's training program is responsible for making a
determination regarding whether it is safe for a train to
travel across a moveable bridge when a signal protecting the
bridge is displaying a red signal aspect.
(c) Enforcement.--Any railroad carrier violating this section or a
regulation prescribed in this section shall be liable to the Federal
Government for a civil penalty for each violation or for each day the
violation continues, as follows:
(1) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class I
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $100,000 and
not more than $1,000,000.
(2) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class II
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $25,000 and not
more than $250,000.
(3) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class III
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $10,000 and not
more than $100,000.
SEC. 5. ROUTE RISK ASSESSMENT.
(a) Route Risk Assessment Tools.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall develop a
route risk assessment tool for the use of short line and regional
railroad carriers that--
(1) addresses any known limitations of the Rail Corridor
Risk Management Safety software tool for short line and
regional railroad carriers; and
(2) allows for safety and security risk assessments to be
performed by short line and regional railroad carriers in
instances when alternative routes are not available.
(b) Route Risk Assessment Audits.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall implement
a program to conduct audits of short line and regional railroads to
ensure that proper route risk assessments that identify safety and
security vulnerabilities are being performed and are incorporated into
a safety management system program.
SEC. 6. RAILROAD SAFETY RISK REDUCTION PROGRAM AMENDMENTS.
(a) Safety Management Systems.--Section 20156(d)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) the use of safety management systems and
their associated key principles, including top-down
ownership and policies, analysis of operational
incidents and accidents, and continuous evaluation and
improvement programs.''.
(b) Sense of Congress.--It is the sense of Congress that, under the
Railroad Safety Risk Reduction Program under section 20156 of title 49,
United States Code, the Secretary of Transportation should include
within the definition of ``a railroad carrier that has an inadequate
safety performance'' any railroad carrier that is at fault for an
incident, accident, or emergency involving hazardous materials that has
led to a fatality or personal injury, an evacuation, or environmental
damage within the last five years.
SEC. 7. FIRST RESPONDER RIGHT-TO-KNOW.
(a) Real-Time Emergency Response Notification.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Transportation shall prescribe regulations--
(1) requiring a railroad carrier transporting a hazardous
material to have the capability to generate, maintain,
retrieve, and promptly deliver accurate and real-time consists
that include the identity and location of the hazardous
material on the train;
(2) requiring a railroad carrier transporting a hazardous
material to provide such information promptly to first
responders, emergency response officials, and law enforcement
personnel in the event of an incident, accident, or emergency,
or as required by these entities to protect public health and
community safety; and
(3) prohibiting a railroad carrier, employee, or agent from
withholding, or a railroad carrier from instructing its
employees or agents to withhold, a train consist or a real-time
train consist from first responders, emergency response
officials, and law enforcement personnel in the event of an
incident, accident, or emergency involving the transportation
of hazardous materials by railroad that threatens public health
or safety.
(b) Emergency Response Standardization.--The Secretary of
Transportation, in consultation with railroad carriers, shall ensure
that emergency response information carried by train crews transporting
hazardous materials is consistent with and is at least as protective as
the emergency response guidance provided in the Emergency Response
Guidebook issued by the Department of Transportation.
(c) Enforcement.--Any railroad carrier violating subsection (a)(3)
or a regulation prescribed under subsection (a)(3) shall be liable to
the Federal Government for a civil penalty for each violation or each
day the violation continues, as follows:
(1) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class I
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $100,000 and
not more than $1,000,000.
(2) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class II
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $25,000 and not
more than $250,000.
(3) For a railroad carrier that has annual carrier
operating revenues that meet the threshold amount for Class III
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, the penalty shall be not less than $10,000 and not
more than $100,000.
SEC. 8. PUBLIC EDUCATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Transportation shall prescribe regulations
requiring railroad carriers transporting hazardous materials to
develop, implement, and periodically evaluate a public education
program for the communities along railroad hazardous materials routes.
The public education program may include the following elements:
(1) Procedures for reporting the release of a hazardous
material.
(2) Physical indications of a release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community.
(3) Methods of communication that will be used to alert the
community in the event of a railroad incident, accident, or
emergency involving a hazardous material.
(4) Steps that should be taken by community residents to
ensure public health and safety in the event of a hazardous
material release.
(5) Discussion of possible public health and safety
concerns associated with an unintended release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community.
SEC. 9. INFLATION ADJUSTMENTS.
The Secretary of Transportation shall issue a statement of agency
policy adjusting the penalty schedules for violations outlined in this
Act as necessary to account for inflation, each time the Secretary is
required by law to review the minimum and maximum civil monetary
penalty for inflation under the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note). The
Secretary may subject the statement of agency policy to notice and
comment, as the Secretary considers appropriate. | Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 - Requires railroad carriers found at fault for an unintended release of hazardous materials (hazmat) due to a railroad accident or incident during calendar year 2010 to: review periodically any post-accident public health assessments of hazmat-exposed individuals who could experience long-lasting or irreversible health effects; inform those individuals in a timely manner of any health information, including information on long-lasting or irreversible health consequences; and offer to renegotiate any legal settlements made to affected individuals in which additional information about potential for such consequences has been later disclosed in a post-accident public health assessment. Directs the Secretary of Transportation (DOT) to prescribe regulations: requiring railroad carriers transporting hazmat to give first responders, emergency response officials, and law enforcement personnel accurate and current commodity flow data and assist with the development of emergency operations and hazmat response plans for railroad accidents or incidents; and establishing a procedure for railroad carriers to permit a train to pass a red signal at a moveable bridge. Requires the Secretary, in collaboration with the Secretary of Homeland Security (DHS) and the American Short Line and Regional Railroad Association, to develop route safety and security risk assessment tools for short line and regional railroad carriers. Revises the railroad safety risk reduction program by requiring railroad carriers to develop a comprehensive program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities (as under current law) through the use of safety management systems and their associated key principles, analysis of operational incidents and accidents, and continuous evaluation and improvement programs. Directs the Secretary to prescribe regulations requiring railroad carriers transporting hazmat to: give first responders, emergency response officials, and law enforcement personnel real-time information regarding hazmat on the train in the event of an incident, accident, or emergency; and develop a public education program for communities along railroad hazmat routes. Prescribes certain civil penalties for any railroad carrier that violates a requirement or regulation under this Act. | {"src": "billsum_train", "title": "Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014"} | 2,662 | 456 | 0.595749 | 1.962943 | 0.768721 | 4.048469 | 6.548469 | 0.90051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Florida Coast Protection Act of
1999''.
SEC. 2. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.
Section 307(c)(3) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456(c)(3)) is amended by adding at the end the following:
``(C) Necessary data and information.--For purposes
of subparagraph (B), a State shall not be considered to
receive all necessary data and information with respect
to a plan for exploration, development, or production
before the date on which the State receives a copy of
an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) that applies to that
exploration, development, or production.''.
SEC. 3. UNIFORM DOCUMENTATION REQUIREMENTS.
Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C.
1351(a) is amended--
(1) in paragraph (a)(1), by striking ``other than the Gulf
of Mexico,'' each place it appears; and
(2) by striking subsection (l).
SEC. 4. OIL AND GAS DEVELOPMENT AND PRODUCTION.
Section 25(e) of the Outer Continental Shelf Lands Act of 1972 (43
U.S.C. 1351(e)) is amended--
(1) by striking ``(e)(1) At least'' and inserting the
following:
``(e) Major Federal Action.--
``(1) Outside the gulf of mexico.--
``(A) In general.--At least'';
(2) by striking ``(2) The Secretary'' and inserting the
following:
``(B) Preliminary and final plans.--The
Secretary''; and
(3) by adding at the end the following:
``(2) In the gulf of mexico.--
``(A) In general.--The approval of a development
and production plan in a covered area (as defined in
section 8(p)(1)) shall be considered to be a major
Federal action for the purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Time for review following receipt of
environmental impact statement.--In the case of a
development and production plan in a covered area, the
Secretary shall ensure that each affected State for
which a development and production plan affects any
land use or water use in the coastal zone of the State
with a coastal zone management program approved under
section 306 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455), receives the final environmental
impact statement not less than 180 days before
determining concurrence or objection to the coastal
zone consistency certification that is required to
accompany the environmental impact statement under
section 307(c)(3)(B) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1456(c)(3)(B)).''.
SEC. 5. LEASING ACTIVITY OFF THE COAST OF FLORIDA.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended--
(1) in subsection (a)(1), by striking ``The Secretary'' and
inserting ``Except as provided in subsection (p), the
Secretary''; and
(2) by adding at the end the following:
``(p) Leasing Activity Off the Coast of Florida.--
``(1) Definitions.--In this subsection:
``(A) Covered area.--The term `covered area'
means--
``(i) the Eastern Gulf of Mexico Planning
Area (as established by the Secretary) which is
adjacent to the State of Florida as defined by
43 U.S.C. 1333(a)(2)(A);
``(ii) the Straits of Florida Planning Area
(as established by the Secretary); and
``(iii) the South Atlantic Planning Area
(as established by the Secretary) which is
adjacent to the State of Florida as defined by
43 U.S.C. 1333(a)(2)(A);
within 100 miles off the coast of Florida.
``(B) Preleasing activity.--
``(i) In general.--The term `preleasing
activity' means an activity relating to a lease
that is conducted before a lease sale is held.
``(ii) Inclusions.--The term `preleasing
activity' includes--
``(I) the scheduling of a lease
sale;
``(II) the issuance of a request
for industry interest;
``(III) the issuance of a call for
information or a nomination;
``(IV) the identification of an
area for prospective leasing;
``(V) the publication of a draft or
final environmental impact statement or
a notice of sale; and
``(VI) the performance of any form
of rotary drilling in a prospective
lease area.
``(iii) Exclusions.--The term `preleasing
activity' does not include an environmental,
geologic, geophysical, economic, engineering,
or other scientific analysis, study, or
evaluation.
``(2) Prohibition of preleasing activities and lease
sales.--The Secretary shall not conduct any preleasing activity
or hold a lease sale under this Act in a covered area.''. | (Sec. 3) Amends the Outer Continental Shelf Lands Act to remove provisions: (1) exempting any area of the outer Continental Shelf in the Gulf of Mexico from a requirement to submit a development and production plan before development and production under an oil and gas lease; and (2) allowing the Secretary of the Interior to apply provisions relating to oil and gas development and production to a lease located in the Gulf adjacent to the State of Florida.
(Sec. 4) Declares that, in the Gulf, the approval of such a plan is a major Federal action for purposes of NEPA. Directs the Secretary to ensure that each affected State receive the final environmental impact statement at least 180 days before the Secretary makes a determination on whether each plan activity complies with the those States' enforceable policies of approved management programs.
(Sec. 5) Prohibits the Secretary from conducting any preleasing activity or holding a lease sale under this Act in an area within 100 miles off the coast of Florida in: (1) the Eastern Gulf of Mexico Planning Area adjacent to Florida; (2) the Straits of Florida Planning Area; or (3) the South Atlantic Planning Area. | {"src": "billsum_train", "title": "Florida Coast Protection Act of 1999"} | 1,242 | 252 | 0.621889 | 1.730929 | 0.735508 | 2.917031 | 4.567686 | 0.873362 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Accountability in
Corporate Political Activity Act of 2010''.
(b) Findings.--Congress finds as follows:
(1) The Supreme Court decision in Citizens United v. FEC
allows a corporation to have increased access to the election
process by permitting unlimited disbursements from a
corporation's general treasury funds for the purpose of
political advocacy.
(2) As established in the Citizens United case, the Court
rejected the argument that political speech of corporations or
other associations should be treated differently under the
First Amendment simply because such associations are not
``natural persons'', thereby granting corporations the same
First Amendment rights as individuals regarding political
advocacy.
(3) In the United States, 48 States prohibit individuals
from voting while incarcerated, and 2 States permanently bar
individuals convicted of a felony from voting.
(4) Unlike individuals, corporations are not currently
subject to any form of disenfranchisement from the political
process due to the conviction of a crime.
(5) Corporations should be subject to similar regulations
and punishments as individuals for violating the law and the
public's trust.
SEC. 2. PROHIBITING CORPORATIONS SUBJECT TO CERTAIN CRIMINAL OR CIVIL
SANCTIONS FROM ENGAGING IN CAMPAIGN-RELATED ACTIVITY.
(a) Prohibition.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(d) Prohibiting Corporations Subject to Certain Sanctions From
Engaging in Campaign-Related Activity.--
``(1) Prohibition.--Subject to paragraph (2), a corporation
described in subsection (a) may not engage in any campaign-
related activity if the corporation has been subject to any of
the following sanctions:
``(A) The imposition of any criminal penalty under
any Federal law.
``(B) The imposition of a civil money penalty under
this Act.
``(C) The imposition of a civil money penalty under
any other Federal law in an amount equal to or greater
than $1,000,000.
``(2) Application of prohibition.--
``(A) In general.--Paragraph (1) shall apply with
respect to a corporation only during such period of
time (if any) as may be determined appropriate by the
court or other entity which imposes the sanction
involved.
``(B) Statement if prohibition not applied.--If the
court or other entity which imposes a sanction on a
corporation determines that it is not appropriate to
apply paragraph (1) to the corporation for any period
of time, the court or other entity shall, at the time
of imposing the sanction, publicly disseminate and file
with the Commission a statement of the court's or other
entity's reasons for not applying paragraph (1) to the
corporation.
``(3) Campaign-related activity defined.--In this
paragraph, the term `campaign-related activity' means, with
respect to a corporation--
``(A) the making of a contribution by a separate
segregated fund of the organization established and
administered pursuant to subsection (b)(2)(C);
``(B) the disbursement of funds for an independent
expenditure; or
``(C) the disbursement of funds for an
electioneering communication described in section
304(f).''.
(b) Dissemination of Information on Availability of Sanction.--Upon
the enactment of this Act, the Federal Election Commission shall
disseminate information to the public, and shall notify each State,
regarding the availability of the prohibition described in section
316(d) of the Federal Election Campaign Act of 1971, as added by
subsection (a), as a sanction applicable to corporations subject to any
of the sanctions described in section 316(d)(1) of such Act.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to penalties imposed on or after the date of the
enactment of this Act.
SEC. 3. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding. | Accountability in Corporate Political Activity Act of 2010 - Amends the Federal Election Campaign Act of 1971 to prohibit a corporation organized by authority of any law of Congress from engaging in any campaign-related activity if the corporation has been subject to: (1) any federal criminal penalty; (2) a civil money penalty under this Act; or (3) a civil money penalty under any other federal law in an amount equal to or greater than $1 million. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to prohibit corporations which are subject to certain criminal or civil sanctions from engaging in campaign-related activity under such Act, and for other purposes."} | 1,009 | 91 | 0.596177 | 1.522647 | 1.398895 | 4.494382 | 10.022472 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Businesses Educating Students in
Technology (BEST) Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Technological progress is the single most important
determining factor in sustaining growth in the Nation's
economy. It is estimated that technological innovation has
accounted for as much as half the Nation's long-term economic
growth over the past 50 years and will account for an even
higher percentage in the next 50 years.
(2) The number of jobs requiring technological expertise is
growing rapidly. For example, it is estimated that 1,300,000
new computer engineers, programmers, and systems analysts will
be needed over the next decade in the United States economy.
Yet, our Nation's computer science programs are only graduating
25,000 students with bachelor's degrees yearly.
(3) There are more than 350,000 information technology
positions currently unfilled throughout the United States, and
the number of students graduating from colleges with computer
science degrees has declined dramatically.
(4) In order to help alleviate the shortage of graduates
with technology-based education and skills, businesses in a
number of States have formed partnerships with colleges,
universities, community-technical schools, and other
institutions of higher learning to give lectures, donate
equipment, plan curricula, and perform other activities
designed to help students acquire the skills and knowledge
needed to fill jobs in technology-based industries.
(5) Congress should encourage these partnerships by
providing a tax credit to businesses that enter into them. Such
a tax credit will help students obtain the knowledge and skills
they need to obtain jobs in technology-based industries which
are among the best paying jobs being created in the economy.
The credit will also assist businesses in their efforts to
develop a more highly-skilled, better trained workforce that
can fill the technology jobs such businesses are creating.
SEC. 3. ALLOWANCE OF CREDIT FOR BUSINESS-PROVIDED STUDENT EDUCATION AND
TRAINING.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45D. BUSINESS-PROVIDED STUDENT EDUCATION AND TRAINING.
``(a) Allowance of Credit.--For purposes of section 38, the
business-provided student education and training credit determined
under this section for the taxable year is an amount equal to 40
percent of the qualified student education and training expenditures of
the taxpayer for such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $100,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified student education and training
expenditure.--
``(A) In general.--The term `qualified student
education and training expenditure' means--
``(i) any amount paid or incurred by the
taxpayer for the qualified student education
and training services provided by any employee
of the taxpayer, and
``(ii) the basis of the taxpayer in any
tangible personal property contributed by the
taxpayer and used in connection with the
provision of such services.
``(B) Exclusion for amounts funded by grants,
etc.--The term `qualified student education and
training expenditure' shall not include any amount to
the extent such amount is funded by any grant,
contract, or otherwise by another person (or any
governmental entity).
``(2) Qualified student education and training services.--
``(A) In general.--The term `qualified student
education and training services' means technology-based
education and training of students in any eligible
educational institution in employment skills related to
the trade or business of the taxpayer.
``(B) Eligible educational institution.--The term
`eligible educational institution' has the meaning
given such term by section 529(e)(5).
``(d) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--All persons which are treated as
a single employer under subsections (a) and (b) of section 52
shall be treated as a single taxpayer.
``(2) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(3) Allocation in the case of partnerships.--In the case
of partnerships, the credit shall be allocated among partners
under regulations prescribed by the Secretary.
``(e) No Double Benefit.--No deduction or credit shall be allowed
under any other provision of this chapter with respect to any
expenditure taken into account in computing the amount of the credit
determined under this section.''
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking out ``plus'' at the end of
paragraph (11),
(B) by striking out the period at the end of
paragraph (12), and inserting a comma and ``plus'', and
(C) by adding at the end the following:
``(13) the business-provided student education and training
credit determined under section 45D.''
(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:
``Sec. 45D. Business-provided student
education and training
credit.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Businesses Educating Students in Technology (BEST) Act - Amends the Internal Revenue Code to provide a business taxpayer with a credit for technology-based education and training costs on behalf of employee-students in skills related to the taxpayer's business. Limits such credit to $100,000 annually based upon 40 percent of allowable expenditures. | {"src": "billsum_train", "title": "Businesses Educating Students in Technology (BEST) Act"} | 1,248 | 76 | 0.509999 | 1.378067 | 0.520432 | 2.177419 | 18.758065 | 0.854839 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Better Eating for
Better Living Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 101. Reimbursement for school lunches.
Sec. 102. Nutritional quality of school meals.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
Sec. 201. Funding for nutrition education.
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date.
SEC. 2. FINDINGS.
Congress finds that--
(1) heart disease, cancer, stroke, and diabetes are
responsible for \2/3\ of deaths in the United States;
(2) the major risk factors for those diseases and
conditions are established in childhood through unhealthy
eating habits, physical inactivity, obesity, and tobacco use;
(3) obesity rates have doubled in children and tripled in
adolescents over the last 2 decades;
(4) today, 1 in 7 young people are obese, and 1 in 3 are
overweight;
(5) obese children are twice as likely as nonobese children
to become obese adults;
(6) overweightness and obesity can result in physical,
psychological, and social consequences, including heart
disease, diabetes, cancer, depression, decreased self-esteem,
and discrimination;
(7) only 2 percent of children consume a diet that meets
the 5 main recommendations for a healthy diet from the Food
Guide Pyramid published by the Secretary of Agriculture;
(8) 3 out of 4 high school students in the United States do
not eat the recommended 5 or more servings of fruits and
vegetables each day; and
(9) 3 out of 4 children in the United States consume more
saturated fat than is recommended in the Dietary Guidelines for
Americans published by the Secretary of Agriculture.
TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
SEC. 101. REIMBURSEMENT FOR SCHOOL LUNCHES.
Section 4(b)(2) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1753(b)(2)) is amended by striking ``10.5'' and inserting
``20.5''.
SEC. 102. NUTRITIONAL QUALITY OF SCHOOL MEALS.
(a) Revision of Meal Guidelines.--Section 9(a)(1) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended by
adding at the end the following:
``(C) Revision of nutritional guidelines.--
``(i) In general.--The Secretary, in
collaboration with experts in nutrition, school
health, food service, and school
administration, shall, not later than July 31,
2004, and every 5 years thereafter--
``(I) review the nutritional
guidelines applicable to meals served
under the school lunch program under
this Act, taking into consideration--
``(aa) advances in the
field of nutrition;
``(bb) identified public
health risks relating to
inadequate nutrition and
overconsumption; and
``(cc) the needs of student
populations covered by programs
under this Act; and
``(II) issue revised nutritional
guidelines, as necessary, including
guidelines with respect to--
``(aa) the content of meals
served of calories, fat
(including types of fat), added
sugars, fiber, sodium,
vitamins, and minerals;
``(bb) the variety of foods
offered;
``(cc) the availability of
fruits and vegetables; and
``(dd) the cultural
appropriateness of foods
offered.
``(ii) Applicability.--Revised nutritional
guidelines issued by the Secretary under clause
(i) shall apply to meals served under the
school lunch program under this Act on and
after the date that is 2 years after the date
of issuance of the revised nutritional
guidelines.''.
(b) Fluid Milk.--Section 9(a)(2) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking
subparagraph (B) and inserting the following:
``(B)(i) at a minimum, shall offer students a
choice of lowfat or nonfat fluid milk; and
``(ii) in addition to the type of fluid milk
offered under clause (i), may offer such other
varieties of fluid milk as are--
``(I) consistent with expressed preferences
of the student population; and
``(II) reasonably equivalent in calcium,
protein, vitamin A, and vitamin K content and
cost.''.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
SEC. 201. FUNDING FOR NUTRITION EDUCATION.
Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788
(i)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by striking ``(i) Authorization of Appropriations.--''
and all that follows through paragraph (1) and inserting the
following:
``(i) Funding.--
``(1) Payments.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture to carry out this
section, to remain available until expended--
``(A) on October 1, 2003, $10,000,000;
``(B) on October 1, 2004, $15,000,000; and
``(C) on October 1, 2005, $20,000,000.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Grants.--
``(A) In general.--Subject to subparagraph (B),
grants to each State from the amounts made available
under paragraph (1) shall be based on a rate of \1/2\
cent per average daily number of meals served, to be
allocated among State, district, and school food
service and health education authorities, as determined
by the Secretary.
``(B) Minimum amount.--The minimum amount of a
grant provided to a State for a fiscal year under this
section shall be $200,000, as adjusted in accordance
with section 11(a)(3)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1759a(a)(3)(B)).''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October
1, 2003. | Better Eating for Better Living Act of 2003 - Amends the Child Nutrition Act of 1966 (CNA) and the Richard B. Russell National School Lunch Act (NSLA) to revise school lunch programs with respect to reimbursement rates, nutrition guidelines, milk guidelines, and funds for nutrition education and training.
Amends NLSA to increase the reimbursement rate for school lunches by ten cents per meal (from 10.5 to 20.5).
Directs the Secretary of Agriculture (Secretary) to evaluate nutrition guidelines for school meals, and issue any necessary revised guidelines, every five years.
Revises milk guidelines. Requires schools, at a minimum, to offer students a choice of low fat or nonfat fluid milk. Allows schools, in addition, to offer any other varieties of fluid milk that are: (1) consistent with expressed preferences of the student population; and (2) reasonably equivalent in calcium, protein, vitamin A, and vitamin K content and cost.
Amends CNA to direct the Secretary of the Treasury to transfer to the Secretary specified amounts of funds for implementing and administering nutrition education and training programs. Requires grants to each State from such amounts to be: (1) based on a rate of 1/2 cent per average daily number of meals served; and (2) allocated among State, district, and school food service and health education authorities, as determined by the Secretary. Sets a minimum grant amount. | {"src": "billsum_train", "title": "A bill to amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to improve the nutrition and health of children in the United States."} | 1,561 | 303 | 0.514957 | 1.490444 | 0.705653 | 3.372694 | 5.084871 | 0.885609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Care for Kids Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Millions of children in the United States suffer from
vision problems, many of which go undetected. Because children
with vision problems can struggle developmentally, resulting in
physical, emotional, and social consequences, good vision is
essential for proper physical development and educational
progress.
(2) Vision problems in children range from common
conditions such as refractive errors, amblyopia, strabismus,
ocular trauma, and infections, to rare but potentially life- or
sight-threatening problems such as retinoblastoma, infantile
cataracts, congenital glaucoma, and genetic or metabolic
diseases of the eye.
(3) Since many serious ocular conditions are treatable if
identified in the preschool and early school-age years, early
detection provides the best opportunity for effective treatment
and can have far-reaching implications for vision.
(4) Various identification methods, including vision
screening and comprehensive eye examinations required by State
laws, can be helpful in identifying children needing services.
A child identified as needing services through vision screening
should receive a comprehensive eye examination followed by
subsequent treatment as needed. Any child identified as needing
services should have access to subsequent treatment as needed.
(5) There is a need to increase public awareness about the
prevalence and devastating consequences of vision disorders in
children and to educate the public and health care providers
about the warning signs and symptoms of ocular and vision
disorders and the benefits of early detection, evaluation, and
treatment.
SEC. 3. GRANTS REGARDING VISION CARE FOR CHILDREN.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, may award
grants to States on the basis of an established review process for the
purpose of complementing existing State efforts for--
(1) providing comprehensive eye examinations by a licensed
optometrist or ophthalmologist for children who have been
previously identified through a vision screening or eye
examination by a licensed health care provider or vision
screener as needing such services, with priority given to
children who are under the age of 9 years;
(2) providing treatment or services, subsequent to the
examinations described in paragraph (1), necessary to correct
vision problems; and
(3) developing and disseminating, to parents, teachers, and
health care practitioners, educational materials on recognizing
signs of visual impairment in children.
(b) Criteria and Coordination.--
(1) Criteria.--The Secretary, in consultation with
appropriate professional and patient organizations including
individuals with knowledge of age appropriate vision services,
shall develop criteria--
(A) governing the operation of the grant program
under subsection (a); and
(B) for the collection of data related to vision
assessment and the utilization of follow-up services.
(2) Coordination.--The Secretary shall, as appropriate,
coordinate the program under subsection (a) with the program
under section 330 of the Public Health Service Act (relating to
health centers) (42 U.S.C. 254b), the program under title XIX
of the Social Security Act (relating to the Medicaid program)
(42 U.S.C. 1396 et seq.), the program under title XXI of such
Act (relating to the State children's health insurance program)
(42 U.S.C. 1397aa et seq.), and with other Federal or State
programs that provide services to children.
(c) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Secretary an application in
such form, made in such manner, and containing such information as the
Secretary may require, including--
(1) information on existing Federal, Federal-State, or
State-funded children's vision programs;
(2) a plan for the use of grant funds, including how funds
will be used to complement existing State efforts (including
possible partnerships with non-profit entities);
(3) a plan to determine if a grant eligible child has been
identified as provided for in subsection (a); and
(4) a description of how funds will be used to provide
items or services, only as a secondary payer--
(A) for an eligible child, to the extent that the
child is not covered for the items or services under
any State compensation program, under an insurance
policy, or under any Federal or State health benefits
program; or
(B) for an eligible child, to the extent that the
child receives the items or services from an entity
that provides health services on a prepaid basis.
(d) Evaluations.--To be eligible to receive a grant under
subsection (a), a State shall agree that, not later than 1 year after
the date on which amounts under the grant are first received by the
State, and annually thereafter while receiving amounts under the grant,
the State will submit to the Secretary an evaluation of the operations
and activities carried out under the grant, including--
(1) an assessment of the utilization of vision services and
the status of children receiving these services as a result of
the activities carried out under the grant;
(2) the collection, analysis, and reporting of children's
vision data according to guidelines prescribed by the
Secretary; and
(3) such other information as the Secretary may require.
(e) Limitations in Expenditure of Grant.--A grant may be made under
subsection (a) only if the State involved agrees that the State will
not expend more than 20 percent of the amount received under the grant
to carry out the purpose described in paragraph (3) of such subsection.
(f) Matching Funds.--
(1) In general.--With respect to the costs of the
activities to be carried out with a grant under subsection (a),
a condition for the receipt of the grant is that the State
involved agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less
than 25 percent of such costs.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(g) Definition.--For purposes of this section, the term
``comprehensive eye examination'' includes an assessment of a patient's
history, general medical observation, external and ophthalmoscopic
examination, visual acuity, ocular alignment and motility, refraction,
and as appropriate, binocular vision or gross visual fields, performed
by an optometrist or an ophthalmologist.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $65,000,000
for the period of fiscal years 2009 through 2013.
Passed the House of Representatives October 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Vision Care for Kids Act of 2007 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children.
Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services.
Requires the Secretary to coordinate the program under this Act with other federal or state programs that provide services to children.
Authorizes appropriations for FY2009-FY2013. | {"src": "billsum_train", "title": "To establish a grant program to provide vision care to children, and for other purposes."} | 1,574 | 239 | 0.652162 | 2.002425 | 1.027315 | 5.213953 | 6.87907 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Marshals Service 225th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) The United States Marshals, the first Federal law
enforcement officers in America, were established under section 27
of the Act of Congress entitled ``Chapter XX.--An Act to Establish
the Judicial Courts of the United States'' and enacted on September
24, 1789 (commonly referred to as the ``Judiciary Act of September
24, 1789''), during the 1st Session of the 1st Congress, and signed
into law by the 1st President of the United States, George
Washington.
(2) George Washington had carefully considered the appointments
to the Judicial Branch long before the enactment of the Judiciary
Act of September 24, 1789, and nominated the first 11 United States
Marshals on September 24, and the remaining two Marshals on
September 25, 1789. The Senate confirmed all 13 on September 26,
1789, 2 days after the Judiciary Act was signed into law.
(3) In 1969, by order of the Department of Justice, the United
States Marshals Service was created, and achieved Bureau status in
1974. The United States Marshals Service has had major significance
in the history of the United States, and has directly contributed
to the safety and preservation of this Nation, by serving as an
instrument of civil authority used by all 3 branches of the United
States Government.
(4) One of the original 13 United States Marshals, Robert
Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War,
was the first civilian official of the United States Government,
and the first of many United States Marshals and deputies, to be
killed in the line of duty when he was shot on January 11, 1794,
while trying to serve civil process.
(5) The United States Marshals Service Commemorative Coin will
be the first commemorative coin to honor the United States Marshals
Service.
(6) The United States should pay tribute to the Nation's oldest
Federal law enforcement agency, the United States Marshals Service,
by minting and issuing commemorative coins, as provided in this
Act.
(7) A commemorative coin will bring national and international
attention to the lasting legacy of this Nation's oldest Federal law
enforcement agency.
(8) The proceeds from a surcharge on the sale of such
commemorative coins will assist the financing of national museums
and charitable organizations.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the 225th anniversary of
the establishment of the United States Marshals Service, the Secretary
of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 gold coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent alloy.
(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
contained 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 section 5134 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 225 years of exemplary and unparalleled
achievements of the United States Marshals Service.
(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--
(i) the mint date ``2015''; and
(ii) the years 1789 and 2014; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum'',
and such other inscriptions as the Secretary may determine to
be appropriate for the designs of the coins.
(3) Coin images.--
(A) $5 gold coins.--
(i) Obverse.--The obverse of the $5 coins issued under
this Act shall bear an image of the United States Marshals
Service Star (also known as ``America's Star'').
(ii) Reverse.--The reverse of the $5 coins issued under
this Act shall bear a design emblematic of the sacrifice
and service of the men and women of the United States
Marshals Service who lost their lives in the line of duty
and include the Marshals Service motto ``Justice,
Integrity, Service''.
(B) $1 silver coins.--
(i) Obverse.--The obverse of the $1 coins issued under
this Act shall bear an image of the United States Marshals
Service Star (also known as ``America's Star'').
(ii) Reverse.--The reverse of the $1 silver coins
issued under this Act shall bear an image emblematic of the
United States Marshals legendary status in America's
cultural landscape. The image should depict Marshals as the
lawmen of our frontiers, including their geographic,
political, or cultural history, and shall include the
Marshals Service motto ``Justice, Integrity, Service''.
(C) Half dollar clad coins.--
(i) Obverse.--The obverse of the half dollar clad coins
issued under this Act shall bear an image emblematic of the
United States Marshals Service and its history.
(ii) Reverse.--The reverse of the half dollar clad
coins issued under this Act shall bear an image consistent
with the role that the United States Marshals played in a
changing nation, as they were involved in some of the most
pivotal social issues in American history. The image should
show the ties that the Marshals have to the United States
Constitution, with themes including--
(I) the Whiskey Rebellion and the rule of law;
(II) slavery and the legacy of inequality; and
(III) the struggle between labor and capital.
(4) Realistic and historically accurate depictions.--The images
for the designs of coins issued under this Act shall be selected on
the basis of the realism and historical accuracy of the images and
on the extent to which the images are reminiscent of the dramatic
and beautiful artwork on coins of the so-called ``Golden Age of
Coinage'' in the United States, at the beginning of the 20th
Century, with the participation of such noted sculptors and
medallic artists as James Earle Fraser, Augustus Saint-Gaudens,
Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and
George T. Morgan.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Director of the United States Marshals Service and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality and uncirculated quality.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins, to
the public, minted under this Act beginning on or after January 1,
2015, except for a limited number to be issued prior to such date to
the Director of the United States Marshals Service and employees of the
Service for display and presentation during the 225th Anniversary
celebration.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2015.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 gold coin.
(2) A surcharge of $10 per coin for the $1 silver coin.
(3) A surcharge of $3 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the Secretary shall promptly distribute all surcharges
received from the sale of coins issued under this Act as follows:
(1) The first $5,000,000 available for distribution under this
section, to the U.S. Marshals Museum, Inc., also known as the
United States Marshals Museum, for the preservation, maintenance,
and display of artifacts and documents.
(2) Of amounts available for distribution after the payment
under paragraph (1)--
(A) One third shall be distributed to the National Center
for Missing & Exploited Children, to be used for finding
missing children and combating child sexual exploitation.
(B) One third shall be distributed to the Federal Law
Enforcement Officers Association Foundation, to be used--
(i) to provide financial assistance for--
(I) surviving family members of Federal law
enforcement members killed in the line of duty;
(II) Federal law enforcement members who have
become disabled; and
(III) Federal law enforcement employees and their
families in select instances, such as severe trauma or
financial loss, where no other source of assistance is
available;
(ii) to provide scholarships to students pursuing a
career in the law enforcement field; and
(iii) to provide selective grants to charitable
organizations.
(C) One third shall be distributed to the National Law
Enforcement Officers Memorial Fund, to support the construction
of the National Law Enforcement Museum and the preservation and
display of its artifacts.
(c) Audits.--All organizations, associations, and funds shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to this issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
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;
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States Marshals Service 225th Anniversary Commemorative Coin Act - (Sec. 3) Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins, and half-dollar clad coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service.
(Sec. 5) Permits: (1) only one facility of the United States Mint to be used to strike any particular combination of denomination and quality of the coins minted under this Act, and (2) the Secretary to issue coins to the public minted under this Act beginning on or after January 1, 2015.
Prohibits such coins from being minted after December 31, 2015.
(Sec. 7) Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin, (2) $10 per $1 coin, and (3) $3 for the half-dollar coin.
Requires distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service.
Requires distribution of one-third of the remainder each to the National Center for Missing and Exploited Children to be used for finding missing children and combating child sexual exploitation, and the Federal Law Enforcement Officers Association Foundation (FLEOAF). Limits the use of such funds by FLEOAF to financial assistance for: (1) surviving family members of federal law enforcement members killed in the line of duty; (2) disabled federal law enforcement members; (3) federal law enforcement employees and their families in select instances, such as severe trauma or financial loss, where no other source of assistance is available; (4) scholarships to students pursuing a career in the law enforcement field; and (5) selective grants to charitable organizations.
Requires distribution of one-third of the remainder to the National Law Enforcement Officers Memorial Fund to support construction of of the National Law Enforcement Museum.
(Sec. 8) Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the U.S. government, and (2) no funds will be disbursed to the recipients designated in this Act until the total cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the Treasury. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first Federal law enforcement agency, the United States Marshals Service."} | 2,820 | 542 | 0.585601 | 2.022618 | 0.645653 | 4.507128 | 5.252546 | 0.95112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Safety Act of 2000''.
SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS
IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) As used in this chapter--
``(1) the term `aircraft' means a civil, military, or
public contrivance invented, used, or designed to navigate,
fly, or travel in the air;
``(2) the term `aviation quality', with respect to a part
of an aircraft or space vehicle, means the quality of having
been manufactured, constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in conformity
with applicable standards specified by law (including
applicable regulations);
``(3) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive nature;
``(4) the term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board;
``(5) the term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight;
``(6) the term `motor vehicle' means every description of
carriage or other contrivance propelled or drawn by mechanical
power and used for commercial purposes on the highways in the
transportation of passengers, passengers and property, or
property or cargo;
``(7) the term `part' means a frame, assembly, component,
appliance, engine, propeller, material, part, spare part,
piece, section, or related integral or auxiliary equipment;
``(8) the term `space vehicle' means a man-made device,
either manned or unmanned, designed for operation beyond the
Earth's atmosphere;
``(9) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(10) the term `used for commercial purposes' means the
carriage of persons or property for any fare, fee, rate, charge
or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.
``(b) In this chapter, the terms `aircraft engine', `air navigation
facility', `appliance', `civil aircraft', `foreign air commerce',
`interstate air commerce', `landing area', `overseas air commerce',
`propeller', `spare part', and `special aircraft jurisdiction of the
United States' have the meanings given those terms in sections 40102(a)
and 46501 of title 49.''.
(b) Aircraft or Space Vehicle Parts Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Whoever, in or affecting interstate or foreign commerce,
knowingly and with the intent to defraud--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the offense relates to the aviation quality of a
part and the part is installed in an aircraft or space vehicle,
a fine of not more than $500,000, imprisonment for not more
than 10 years, or both.
``(2) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in
serious bodily injury (as defined in section 1365), a fine of
not more than $1,000,000, imprisonment for not more than 20
years, or both.
``(3) If, by reason of the failure of the part to operate
as represented, the part to which the offense is related is the
proximate cause of a malfunction or failure that results in the
death of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
``(4) In the case of an offense under subsection (a) not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 5 years, or both.
``(5) If the offense is committed by an organization, a
fine of not more than--
``(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
``(B) $20,000,000 in the case of an offense
described under paragraph (2) or (3).
``(c)(1) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of this section by
issuing appropriate orders, including--
``(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
``(B) imposing reasonable restrictions on the future
activities or investments of any such person, including
prohibiting engagement in the same type of endeavor as used to
commit the offense; and
``(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
``(2) Pending final determination of a proceeding brought under
this section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the acceptance of
satisfactory performance bonds) as the court deems proper.
``(3) A final judgment rendered in favor of the United States in
any criminal proceeding brought under this section shall stop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by the United
States.
``(d)(1) The court, in imposing sentence on any person convicted of
an offense under this section, shall order, in addition to any other
sentence and irrespective of any provision of State law, that the
person forfeit to the United States--
``(A) any property constituting, or derived from, any
proceeds that the person obtained, directly or indirectly, as a
result of the offense; and
``(B) any of the person's property used, or intended to be
used in any manner, to commit or facilitate the commission of
the offense, if the court in its discretion so determines,
taking into consideration the nature, scope, and
proportionality of the use of the property in the offense.
``(2) The forfeiture of property under this section, including any
seizure and disposition of the property, and any proceedings relating
to the property, shall be governed by section 413 of the Comprehensive
Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection
(d) of that section.
``(e) This section does not preempt or displace any other remedy,
civil or criminal, provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into commerce
of an aircraft or space vehicle part.
``(f) This section also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
political subdivision thereof;
``(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space vehicle
owned or operated at the time of the offense by a citizen or
permanent resident alien of the United States, or by an
organization organized under the laws of the United States or a
State political subdivision thereof; or
``(3) an act in furtherance of the offense was committed in
the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by adding at the end the following new item:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(3) Wiretapping predicate.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 38
(relating to aircraft parts fraud),'' after ``section 32
(relating to destruction of aircraft or aircraft
facilities),''. | Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.
Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances.
Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications. | {"src": "billsum_train", "title": "Aircraft Safety Act of 2000"} | 2,204 | 122 | 0.284474 | 0.799381 | 0.247619 | 4.174757 | 20.873786 | 0.834951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Commission on
Financial Accountability and Preparedness Act of 2009''.
SEC. 2. CONGRESSIONAL COMMISSION ON FINANCIAL ACCOUNTABILITY AND
PREPAREDNESS.
(a) Establishment.--There is hereby established the Congressional
Commission on Financial Accountability and Preparedness (hereafter in
this section referred to as the ``Commission'') as an establishment in
the legislative branch.
(b) Purposes.--The purposes of the Commission are as follows:
(1) To examine and report upon the facts and causes
relating to the breakdown in the financial markets in 2008.
(2) To ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the breakdown.
(3) To determine whether all credible leads and information
regarding fraud or manipulation were pursued with due diligence
by Federal investigators.
(4) To make a full and complete accounting of the
circumstances surrounding the financial breakdown and the
extent of the Federal Governments' preparedness for, and
immediate response to, the breakdown.
(5) To investigate and report to the Congress on findings
the conclusions of the Commission and recommendations for
corrective measures that can be taken to prevent and respond to
financial crisis in the future.
(c) Duties.--
(1) In general.--The Commission shall review the actions
leading up to the 2008 breakdown in the financial markets and
failures in the regulatory system and submit reports to the
Congress in accordance with this subsection.
(2) Regular monthly reports.--
(A) In general.--The Commission shall make regular
monthly progress reports to the Congress on the
findings and conclusions of the Commission with regard
to the review conducted under paragraph (1).
(B) Factors to be included.--Each report submitted
under subparagraph (A) shall include the following:
(i) All relevant events, persons, entities
and data leading up to the breakdown in the
financial markets through December 2008.
(ii) The impact of public and private
actions on the financial markets and financial
institutions.
(iii) The extent to which the information
made available on transactions contributed to
market transparency.
(iv) The effectiveness of efforts,
regulatory authority, and programs from the
standpoint of minimizing risk to investors and
taxpayers.
(C) Final report.--The last report submitted under
this paragraph before the termination of the Commission
shall constitute the final report of the Commission to
the Congress and shall include a detailed description
of the findings and conclusions of the Commission over
the period of the existence of the Commission and such
recommendations for legislative or administrative
action as the Commission may determine to be
appropriate.
(3) Special report on corporate abuse of tax payer funds.--
The Commission shall--
(A) submit a special report to the Congress on any
corporate abuse of taxpayer funds the Commission finds
occurred; and
(B) analyze the current state of the regulatory
system and effectiveness of the regulatory system in
overseeing the participants in the financial system and
protecting consumers.
(4) Special report on corporate officers and elected or
appointed government officials.--The Commission shall submit a
special report to the Congress on any fiduciary negligence,
fraudulent behavior, poor corporate governance, obstructionism,
or media manipulation that the Commission determines was
engaged in by relevant corporate officers and elected or
appointed government officials.
(d) Membership.--
(1) In general.--The Commission shall consist of 5 members,
as follows:
(A) One member appointed by the majority leader of
the House of Representatives.
(B) One member appointed by the minority leader of
the House of Representatives.
(C) One member appointed by the majority leader of
the Senate.
(D) One member appointed by the minority leader of
the Senate.
(E) One member appointed by the majority Leader of
the House and the majority leader of the Senate in
consultation with the minority leader of the Senate and
the minority leader of the House of Representatives.
(2) Pay.--Each member of the Commission shall each be paid
at a rate equal to the daily equivalent of the annual rate of
basic pay for level I of the Executive Schedule for each day
(including travel time) during which such member is engaged in
the actual performance of duties vested in the Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission.
(e) Staff.--
(1) In general.--The Commission may appoint and fix the pay
of any personnel as the Commission considers appropriate.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of agencies.--Upon the request of the Commission,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out the
duties of the Commission under this Act.
(f) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before the
Commission.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--
(A) In general.--The Commission may secure directly
from any department or agency of the United States
information necessary to enable the Commission to carry
out this section.
(B) Duty to furnish.--Upon request of the
Chairperson of the Commission, the head of any
department or agency or agency shall furnish the
information referred to in subparagraph (A) to the
Commission.
(4) Subpoena power.--Subject to approval by the House
Office of General Counsel, any member of the Commission may
issue subpoenas under the authority given to the House of
Representatives of the Congress of the United States of
America.
(5) Reports received.--The Commission shall receive and
consider all reports required to be submitted to the Commission
under this Act.
(g) Termination.--The Commission shall cease to exist at the end of
the 1-year period beginning on the date of the enactment of this Act,
except that the Congress may extend the life of the Commission on an
annual basis for not more than 1 year at a time. | Congressional Commission on Financial Accountability and Preparedness Act of 2009 - Establishes the Congressional Commission on Financial Accountability and Preparedness to review and report to Congress on the actions leading up to the 2008 breakdown in the financial markets and failures in the regulatory system.
Requires the Commission to submit special reports on: (1) any corporate abuse of taxpayer funds the Commission finds occurred; (2) the current state of the regulatory system and its effectiveness in overseeing the participants in the financial system and protecting consumers; and (3) any fiduciary negligence, fraudulent behavior, poor corporate governance, obstructionism, or media manipulation that the Commission determines was engaged in by relevant corporate officers and elected or appointed government officials. | {"src": "billsum_train", "title": "To establish the Congressional Commission on Financial Accountability and Preparedness to examine and report upon the facts and causes relating to the breakdown in the financial and credit markets in 2008, and investigate and report to the Congress on its findings, conclusions, and recommendations for prosecution of criminal behavior."} | 1,562 | 149 | 0.639775 | 1.867038 | 0.730764 | 5.609023 | 11.18797 | 0.977444 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Forest
Jobs and Management Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Projects in Forest Management Emphasis Areas.
Sec. 5. Administrative review; arbitration.
Sec. 6. Distribution of revenue.
Sec. 7. Performance measures; reporting.
Sec. 8. Termination.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to create a predictable wood supply from National
Forest System land that can be harvested, processed, and sold
as wood products--
(A) to preserve and create jobs;
(B) to generate revenue to be shared with counties;
and
(C) to strengthen rural economies;
(2) to reduce the uncertainty and costs to the Forest
Service of planning and implementing timber management, forest
restoration, and community wildfire protection projects on
National Forest System land; and
(3) to promote the use of timber harvest as a method to
achieve forest management goals on a portion of non-reserved
National Forest System land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered project.--The term ``covered project'' means a
project that involves the management or sale of national forest
material within a Forest Management Emphasis Area.
(2) Forest management emphasis area.--
(A) In general.--The term ``Forest Management
Emphasis Area'' means National Forest System land
identified as suitable for timber production in a
forest management plan in effect on the date of
enactment of this Act.
(B) Exclusions.--The term ``Forest Management
Emphasis Area'' does not include National Forest System
land--
(i) that is a component of the National
Wilderness Preservation System; or
(ii) on which removal of vegetation is
specifically prohibited by Federal law.
(3) National forest material.--The term ``national forest
material'' means trees, portions of trees, or forest products,
with an emphasis on sawtimber and pulpwood, derived from
National Forest System land.
(4) National forest system.--
(A) In general.--The term ``National Forest
System'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusion.--The term ``National Forest System''
does not include--
(i) the national grasslands and land
utilization projects administered under title
III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); or
(ii) National Forest System land east of
the 100th meridian.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS.
(a) Conduct of Covered Projects Within Forest Management Emphasis
Areas.--
(1) In general.--The Secretary may conduct covered projects
in Forest Management Emphasis Areas, subject to paragraphs (2)
through (4).
(2) Designating timber for cutting.--
(A) In general.--Notwithstanding section 14(g) of
the National Forest Management Act of 1976 (16 U.S.C.
472a(g)), the Secretary may use designation by
prescription or designation by description in
conducting covered projects under this Act.
(B) Requirement.--The designation methods
authorized under subparagraph (A) shall be used in a
manner that ensures that the quantity of national
forest material that is removed from the Forest
Management Emphasis Area is verifiable and accountable.
(3) Contracting methods.--
(A) In general.--Timber sale contracts under
section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a) shall be the primary means of
carrying out covered projects under this Act.
(B) Record.--If the Secretary does not use a timber
sale contract under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a) to carry out a
covered project under this Act, the Secretary shall
provide a written record specifying the reasons that
different contracting methods were used.
(4) Acreage treatment requirements.--
(A) Total acreage requirements.--The Secretary
shall identify, prioritize, and carry out covered
projects in Forest Management Emphasis Areas that
mechanically treat a total of at least 7,500,000 acres
in the Forest Management Emphasis Areas during the 15-
year period beginning on the date that is 60 days after
the date on which the Secretary assigns the acreage
treatment requirements under subparagraph (B).
(B) Assignment of acreage treatment requirements to
individual units of the national forest system.--
(i) In general.--Not later than 60 days
after the date of enactment of this Act and
subject to clause (ii), the Secretary, in the
sole discretion of the Secretary, shall assign
the acreage treatment requirements that shall
apply to the Forest Management Emphasis Areas
of each unit of the National Forest System.
(ii) Limitation.--Notwithstanding clause
(i), the acreage treatment requirements
assigned to a specific unit of the National
Forest System under that clause may not apply
to more than 25 percent of the acreage to be
treated in any unit of the National Forest
System in a Forest Management Emphasis Area
during the 15-year period described in
subparagraph (A).
(b) Environmental Analysis and Public Review Process for Covered
Projects in Forest Management Emphasis Areas.--
(1) Environmental assessment.--The Secretary shall comply
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) by completing an environmental assessment that
assesses the direct environmental effects of each covered
project proposed to be conducted within a Forest Management
Emphasis Area, except that the Secretary shall not be required
to study, develop, or describe more than the proposed agency
action and 1 alternative to the proposed agency action for
purposes of that Act.
(2) Public notice and comment.--In preparing an
environmental assessment for a covered project under paragraph
(1), the Secretary shall provide--
(A) public notice of the covered project; and
(B) an opportunity for public comment on the
covered project.
(3) Length.--The environmental assessment prepared for a
covered project under paragraph (1) shall not exceed 100 pages
in length.
(4) Inclusion of certain documents.--The Secretary may
incorporate, by reference, into an environmental assessment any
documents that the Secretary, in the sole discretion of the
Secretary, determines are relevant to the assessment of the
environmental effects of the covered project.
(5) Deadline for completion.--Not later than 180 days after
the date on which the Secretary has published notice of a
covered project in accordance with paragraph (2), the Secretary
shall complete the environmental assessment for the covered
project.
(c) Compliance With Endangered Species Act.--To comply with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary
shall use qualified professionals on the staff of the Forest Service to
make determinations required under section 7 of that Act (16 U.S.C.
1536).
(d) Limitation on Revision of National Forest Plans.--The Secretary
may not, during a revision of a forest plan under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), reduce the acres designated as suitable for timber
harvest under a covered project, unless the Secretary determines, in
consultation with the Secretary of the Interior, that the reduction in
acreage is necessary to prevent a jeopardy finding under section 7(b)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)).
SEC. 5. ADMINISTRATIVE REVIEW; ARBITRATION.
(a) Administrative Review.--Administrative review of a covered
project shall occur only in accordance with the special administrative
review process established by section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(b) Arbitration.--
(1) In general.--There is established in the Department of
Agriculture a pilot program that--
(A) authorizes the use of arbitration instead of
judicial review of a decision made following the
special administrative review process for a covered
project described in subsection (a); and
(B) shall be the sole means to challenge a covered
project in a Forest Management Emphasis Area during the
15-year period beginning on the date that is 60 days
after the date on which the Secretary assigns the
acreage treatment requirements under section
4(a)(4)(B).
(2) Arbitration process procedures.--
(A) In general.--Any person who sought
administrative review for a covered project in
accordance with subsection (a) and who is not satisfied
with the decision made under the administrative review
process may file a demand for arbitration in accordance
with--
(i) chapter 1 of title 9, United States
Code; and
(ii) this paragraph.
(B) Requirements for demand.--A demand for
arbitration under subparagraph (A) shall--
(i) be filed not more than 30 days after
the date on which the special administrative
review decision is issued under subsection (a);
and
(ii) include a proposal containing the
modifications sought to the covered project.
(C) Intervening parties.--
(i) Deadline for submission;
requirements.--Any person that submitted a
public comment on the covered project subject
to the demand for arbitration may intervene in
the arbitration under this subsection by
submitting a proposal endorsing or modifying
the covered project by the date that is 30 days
after the date on which the demand for
arbitration is filed under subparagraph (A).
(ii) Multiple parties.--Multiple objectors
or intervening parties that meet the
requirements of clause (i) may submit a joint
proposal under that clause.
(D) Appointment of arbitrator.--The United States
District Court in the district in which a covered
project subject to a demand for arbitration filed under
subparagraph (A) is located shall appoint an arbitrator
to conduct the arbitration proceedings in accordance
with this subsection.
(E) Selection of proposals.--
(i) In general.--An arbitrator appointed
under subparagraph (D)--
(I) may not modify any of the
proposals submitted under this
paragraph; and
(II) shall select to be conducted--
(aa) a proposal submitted
by an objector under
subparagraph (B)(ii) or an
intervening party under
subparagraph (C); or
(bb) the covered project,
as approved by the Secretary.
(ii) Selection criteria.--An arbitrator
shall select the proposal that best meets the
purpose and needs described in the
environmental assessment conducted under
section 4(b)(1) for the covered project.
(iii) Effect.--The decision of an
arbitrator with respect to a selection under
clause (i)(II)--
(I) shall not be considered a major
Federal action;
(II) shall be binding; and
(III) shall not be subject to
judicial review.
(F) Deadline for completion.--Not later than 90
days after the date on which a demand for arbitration
is filed under subparagraph (A), the arbitration
process shall be completed.
SEC. 6. DISTRIBUTION OF REVENUE.
(a) Payments to Counties.--
(1) In general.--Effective for fiscal year 2015 and each
fiscal year thereafter until the termination date under section
8, the Secretary shall provide to each county in which a
covered project is carried out annual payments in an amount
equal to 25 percent of the amounts received for the applicable
fiscal year by the Secretary from the covered project.
(2) Limitation.--A payment made under paragraph (1) shall
be in addition to any payments the county receives under the
payment to States required by the sixth paragraph under the
heading ``forest service'' in the Act of May 23, 1908 (35 Stat.
260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911
(36 Stat. 963; 16 U.S.C. 500).
(b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After
compliance with subsection (a), the Secretary shall use amounts
received by the Secretary from covered projects during each of the
fiscal years during the period described in subsection (a) to make
deposits into the fund established under section 3 of the Act of June
9, 1930 (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C.
576b) and the fund established under section 14(h) of the National
Forest Management Act of 1976 (16 U.S.C. 472a(h)) in contributions
equal to the amounts otherwise collected under those Acts for projects
conducted on National Forest System land.
(c) Deposit in General Fund of the Treasury.--After compliance with
subsections (a) and (b), the Secretary shall deposit into the general
fund of the Treasury any remaining amounts received by the Secretary
for each of the fiscal years referred to in those subsections from
covered projects.
SEC. 7. PERFORMANCE MEASURES; REPORTING.
(a) Performance Measures.--The Secretary shall develop performance
measures that evaluate the degree to which the Secretary is achieving--
(1) the purposes of this Act; and
(2) the minimum acreage requirements established under
section 4(a)(4).
(b) Annual Reports.--Annually, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives--
(1) a report that describes the results of evaluations
using the performance measures developed under subsection (a);
and
(2) a report that describes--
(A) the number and substance of the covered
projects that are subject to administrative review and
arbitration under section 5; and
(B) the outcomes of the administrative review and
arbitration under that section.
SEC. 8. TERMINATION.
The authority of this Act terminates on the date that is 15 years
after the date of enactment of this Act. | National Forest Jobs and Management Act of 2014 - Authorizes the Secretary of Agriculture (USDA) to conduct projects that involve the management or sale of national forest material (covered projects) within certain National Forest System (NFS) lands (Forest Management Emphasis Areas). Makes timber sale contracts under the National Forest Management Act of 1976 the primary means for carrying out covered projects under this Act. Requires the Secretary to identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7.5 million acres in such areas during a specified 15-year period. Requires the Secretary to comply with the National Environmental Policy Act of 1969 (NEPA) by completing an environmental assessment of the direct environmental effects of each proposed covered project, limited to the proposed agency action and one alternative. Requires administrative review of covered projects to occur only in accordance with the special administrative review process established by the Healthy Forests Restoration Act of 2003. Establishes a pilot program in the USDA that: (1) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative process for a covered project, and (2) shall be the only means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period. Directs the Secretary, for FY2015 and each fiscal year until termination of this Act, to make to each county in which a covered project is carried out annual payments of 25% of the amounts received from that project. Requires the Secretary, after making such payments, to use amounts received from covered projects during such period to make deposits into the fund established under the Knutson-Vandenburg Act and the fund established under the National Forest Management Act of 1976 in contributions equal to the amounts collected under those Acts for projects conducted on NFS lands. Requires the Secretary to develop performance measures that evaluate the degree to which this Act's purposes and the minimum acreage requirements are being achieved. | {"src": "billsum_train", "title": "National Forest Jobs and Management Act of 2014"} | 3,207 | 430 | 0.511857 | 1.521655 | 0.72894 | 3.928947 | 7.510526 | 0.902632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code Talkers Recognition Act''.
SEC. 2. EXPRESSION OF RECOGNITION.
The purposes of the medals authorized by this Act are to express
recognition by the United States and the Congress and to honor the
Native American Code Talkers who distinguished themselves in performing
highly successful communications operations of a unique type that
greatly assisted in saving countless lives and in hastening the end of
World War I and World War II.
SEC. 3. FINDINGS.
The Congress finds as follows:
(1) When the United States entered World War I, Indian
people of the United States were not accorded the status of
citizens of the United States.
(2) Without regard to this lack of citizenship, members of
Indian Tribes and nations enlisted in the Armed Forces to fight
on behalf of their native land.
(3) The first reported use of American Indian Code Talkers
was on October 17, 1918.
(4) The Choctaw Code Talkers in World War I were the first
Code Talkers that played a role in American military operations
and transmitted vital communications that helped defeat German
forces in Europe in World War I.
(5) Because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions.
(6) This was the first time in modern warfare that such
transmission of messages in a native language was used for the
purpose of confusing the enemy.
(7) On December 7, 1941, the Japanese Empire attacked Pearl
Harbor, Hawaii and Congress declared war the following day.
(8) The United States Government called upon the Comanche
Nation to support the military effort during World War II by
recruiting and enlisting Comanche men to serve in the United
States Army to develop a secret code based on the Comanche
language.
(9) During World War II, the United States employed Native
American Code Talkers who developed secret means of
communication based on Native languages and who were critical
to winning the war.
(10) The Army recruited about 50 Native Americans for such
special communication assignments and the Marines recruited
several hundred Navajos for duty in the Pacific.
(11) In 2001, Congress and President Bush honored the
Navajo Code Talkers with congressional gold medals for their
contributions to the United States Armed Forces as radio
operators during World War II.
(12) It is time for Congress to give all Native American
Code Talkers the recognition they deserve for their
contributions to United States victories in World War I and
World War II.
(13) Soldiers from the Assiniboine, Cherokee, Cheyenne,
Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa,
Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, Sac
and Fox, Seminole, and Sioux (Lakota and Dakota) Indian Tribes
and nations served as Code Talkers during World War II.
(14) To the enemy's frustration, the code developed by
these Native American Indians proved to be unbreakable and was
used extensively throughout the European theater.
(15) The heroic and dramatic contributions of the Native
American Code Talkers was instrumental in driving back Axis
forces across the Pacific during World War II.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Awards Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design in honor of the Native American members of
the United States Armed Forces, collectively, who served as Code
Talkers in any foreign conflict in which the United States was involved
during the 20th Century.
(b) Design and Striking.--
(1) In general.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall strike a gold
medal with suitable emblems, devices, and inscriptions, to be
determined by the Secretary.
(2) Designs of medals emblematic of code talker service.--
The design of the gold medal struck under this subsection in
recognition of Native American Code Talkers shall be emblematic
of the heroic and dramatic service of such Code Talkers.
(3) Indian tribe defined.--For purposes of this Act, the
term ``Indian tribe'' has the same meaning as in section 4 of
the Indian Self-Determination and Education Assistance Act.
(c) Display of Gold Medal.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the Smithsonian
Institution where it will be displayed as appropriate and made
available for research.
(d) Presentation of Duplicate Gold Medals to Tribal Governments.--
The Speaker of the House of Representatives and the President pro
tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold duplicate of the
gold medal awarded under subsection (a) to the government of each
Indian tribe that the Secretary and the Secretary of Defense jointly
determine had tribal members who served as Code Talkers in the United
States Armed Forces in any foreign conflict in which the United States
was involved during the 20th Century.
SEC. 5. SILVER DUPLICATES FOR INDIVIDUAL CODE TALKERS.
(a) In General.--The Secretary shall strike duplicates in silver of
the gold medals struck under section 4 for transmittal, in a manner to
be determined by the Speaker of the House of Representatives and the
President pro tempore of the Senate, to each individual identified
under subsection (b) as a Native American member of the United States
Armed Forces who served as a Code Talker in any foreign conflict in
which the United States was involved during the 20th Century or to the
next of kin or other personal representative of any such Native
American who has deceased before such presentation.
(b) Determination of Identity of Code Talkers.--For purposes of
determining eligibility for a silver duplicate under subsection (a),
the Secretary shall consult with the Secretary of Defense who shall
make prompt determinations of such eligibility.
SEC. 6. BRONZE DUPLICATE MEDALS FOR SALE TO PUBLIC.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 4, at a price sufficient to cover the costs of the
medal, including labor, materials, dies, use of machinery, and overhead
expenses.
SEC. 7. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as are necessary to pay for the cost of the medals authorized
under sections 4 and 5.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under this Act shall be deposited in the United States
Mint Public Enterprise Fund.
SEC. 9. RULE OF CONSTUCTION.
No provision of this Act shall be construed as authorizing the
award of a duplicate medal to any individual, or any next of kin or
personal representative of any individual, previously honored pursuant
to section 1101 of title XI of division B of H.R. 5666, as enacted by
reference in Public Law 106-554. | Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for: (1) the award on behalf of Congress of a single gold medal of appropriate design to honor the Native American members of the U.S. Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th century for display in the Smithsonian Institution; and (2) presentation of a gold duplicate of such medal to each Indian tribe that had tribal members who served as such Code Talkers. Directs the Secretary of the Treasury to strike: (1) silver duplicates for transmittal to each individual who served as a Code Talker (or next of kin); and (2) bronze duplicates for public sale. | {"src": "billsum_train", "title": "To authorize the award of a congressional gold medal on behalf of the Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their heroic and dramatic contributions to the Nation, and for other purposes."} | 1,708 | 171 | 0.570665 | 1.813004 | 0.595573 | 4.671053 | 10.052632 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Expansion and
Public Safety Act''.
SEC. 2. INCREASE IN INCREMENTAL SECTION 8 VOUCHERS.
(a) In General.--In fiscal year 2007 and subject to renewal, the
Secretary of Housing and Urban Development shall provide an additional
100,000 incremental vouchers for tenant-based rental housing assistance
under section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$8,400,000,000 for the provision and renewal of the vouchers
described in subsection (a).
(2) Availability.--Any amount appropriated under paragraph
(1) shall remain available until expended.
(3) Carryover.--To the extent that any amounts appropriated
for any fiscal are not expended by the Secretary of Housing and
Urban Development in such fiscal year for purposes of
subsection (a), any remaining amounts shall be carried forward
for use by the Secretary to renew the vouchers described in
subsection (a) in subsequent years.
(c) Distribution of Amounts.--
(1) Administrative costs.--The Secretary may not use more
than $800,000,000 of the amounts authorized under paragraph (1)
to cover the administrative costs associated with the provision
and renewal of the vouchers described in subsection (a).
(2) Voucher costs.--The Secretary shall use all remaining
amounts authorized under paragraph (1) to cover the costs of
providing and renewing the vouchers described in subsection
(a).
SEC. 3. TARGETED EXPANSION OF HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM.
(a) Purpose.--The purposes of this section are as follows:
(1) To authorize additional funding under subtitle A of
title II of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12741 et. seq), commonly referred to as the Home
Investments Partnership (``HOME'') program, to provide
dedicated funding for the expansion and preservation of housing
for extremely low-income individuals and families through
eligible uses of investment as defined in paragraphs (1) and
(3) of section 212(a) of the Cranston-Gonzalez National
Affordable Housing Act.
(2) Such additional funding is intended to supplement the
HOME funds already allocated to a participating jurisdiction to
provide additional assistance in targeting resources to
extremely low-income individuals and families.
(3) Such additional funding is not intended to be the only
source of assistance for extremely low-income individuals and
families under the HOME program, and participating
jurisdictions shall continue to use non-set aside HOME funds to
provide assistance to such extremely low-income individuals and
families.
(b) Set Aside for Extremely Low-Income Individuals and Families.--
(1) Eligible use.--Section 212(a) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12742(a)) is amended
by adding at the end the following:
``(6) Extremely low-income individuals and families.--
``(A) In general.--Each participating jurisdiction
shall use funds provided under this subtitle to provide
affordable housing to individuals and families whose
incomes do not exceed 30 percent of median family
income for that jurisdiction.
``(B) Exception.--If a participating jurisdiction
can certify to the Secretary that such participating
jurisdiction has met in its jurisdiction the housing
needs of extremely low-income individuals and families
described in subparagraph (A), such participating
jurisdiction may use any remaining funds provided under
this subtitle for purposes of subparagraph (A) to
provide affordable housing to individuals and families
whose incomes do not exceed 50 percent of median family
income for that jurisdiction.
``(C) Rule of construction.--The Secretary shall
notify each participating jurisdiction receiving funds
for purposes of this paragraph that use of such funds,
as required under subparagraph (A), does not exempt or
prevent that participating jurisdiction from using any
other funds awarded under this subtitle to provide
affordable housing to extremely low-income individuals
and families.
``(D) Rental housing.--Notwithstanding section
215(a), housing that is for rental shall qualify as
affordable housing under this paragraph only if such
housing is occupied by extremely low-income individuals
or families who pay as a contribution toward rent
(excluding any Federal or State rental subsidy provided
on behalf of the individual or family) not more than 30
percent of the monthly adjusted income of such
individual or family, as determined by the
Secretary.''.
(2) Pro rata distribution.--Section 217 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12747) is
amended by adding at the end the following:
``(e) Pro Rata Distribution for Extremely Low-Income Individuals
and Families.--Notwithstanding any other provision of this Act, in any
fiscal year the Secretary shall allocate any funds specifically
approved in an appropriations Act to provide affordable housing to
extremely low-income individuals or families under section 212(a)(6),
such funds shall be allocated to each participating jurisdiction in an
amount which bears the same ratio to such amount as the amount such
participating jurisdiction receives for such fiscal year under this
subtitle, not including any amounts allocated for any additional set-
asides specified in such appropriations Act for that fiscal year.''.
(3) Certification.--Section 226 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12756) is amended by
adding at the end the following:
``(d) Certification.--
``(1) In general.--Each participating jurisdiction shall
certify on annual basis to the Secretary that any funds used to
provide affordable housing to extremely low-income individuals
or families under section 212(a)(6) were actually used to
assist such families.
``(2) Content of certification.--Each certification
required under paragraph (1) shall--
``(A) state the number of extremely low-income
individuals and families assisted in the previous 12
months;
``(B) separate such extremely low-income
individuals and families into those individuals and
families who were assisted by--
``(i) funds set aside specifically for such
individuals and families under section
212(a)(6); and
``(ii) any other funds awarded under this
subtitle; and
``(C) describe the type of activities, including
new construction, preservation, and rehabilitation of
housing, provided to such extremely low-income
individuals and families that were supported by--
``(i) funds set aside specifically for such
individuals and families under section
212(a)(6); and
``(ii) any other funds awarded under this
subtitle.
``(3) Inclusion with performance report.--The certification
required under paragraph (1) shall be included in the
jurisdiction's annual performance report submitted to the
Secretary under section 108(a) and made available to the
public.''.
(c) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated under any other law or
appropriations Act to carry out the provisions of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.), there are authorized to be appropriated to carry out the
provisions of this section $400,000,000 for each of fiscal years 2007
through 2011.
SEC. 4. PUBLIC AND ASSISTED HOUSING CRIME AND DRUG ELIMINATION PROGRAM.
(a) Title Change.--The chapter heading of chapter 2 of subtitle C
of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.)
is amended to read as follows:
``CHAPTER 2--PUBLIC AND ASSISTED HOUSING CRIME AND DRUG ELIMINATION
PROGRAM''.
(b) Authorization of Appropriations.--
(1) Amounts authorized.--Section 5129(a) of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11908(a)) is amended to read as
follows:
``(a) In General.--There are authorized to be appropriated to carry
out this chapter $200,000,000 for each of fiscal years 2007, 2008,
2009, 2010, and 2011.''.
(2) Set aside for the office of policy development and
research.--Section 5129 of the Anti-Drug Abuse Act of 1988 (42
U.S.C. 11908) is amended by adding at the end the following:
``(d) Set Aside for the Office of Policy Development and
Research.--Of any amounts made available in any fiscal year to carry
out this chapter not less than 2 percent shall be available to the
Office of Policy Development and Research to carry out the functions
required under section 5130.''.
(c) Eligible Activities.--Section 5124(a)(6) of the Anti-Drug Abuse
Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by striking the
semicolon and inserting the following: ``, except that the activities
conducted under any such program and paid for, in whole or in part,
with grant funds awarded under this chapter may only include--
``(A) providing access to treatment for drug abuse
through rehabilitation or relapse prevention;
``(B) providing education about the dangers and
adverse consequences of drug use or violent crime;
``(C) assisting drug users in discontinuing their
drug use through an education program, and, if
appropriate, referring such users to a drug treatment
program;
``(D) providing after school activities for youths
for the purpose of discouraging, reducing, or
eliminating drug use or violent crime by youths;
``(E) providing capital improvements for the
purpose of discouraging, reducing, or eliminating drug
use or violent crime; and
``(F) providing security services for the purpose
of discouraging, reducing, or eliminating drug use or
violent crime.''.
(d) Effectiveness.--
(1) Application plan.--Section 5125(a) of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11904(a)) is amended by adding at
the end the following: ``To the maximum extent feasible, each
plan submitted under this section shall be developed in
coordination with relevant local law enforcement agencies and
other local entities involved in crime prevention and
reduction. Such plan also shall include an agreement to work
cooperatively with the Office of Policy Development and
Research in its efforts to carry out the functions required
under section 5130.''
(2) HUD report.--Section 5127 of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11906) is amended by adding at the end the
following:
``(d) Effectiveness Report.--The Secretary shall submit a report to
the Congress not later than 4 years after the date of the enactment of
the Affordable Housing Expansion and Public Safety Act that includes--
``(1) aggregate data regarding the categories of program
activities that have been funded by grants under this chapter;
``(2) promising strategies related to preventing and
reducing violent and drug-related crime in public and federally
assisted low-income housing derived from--
``(A) a review of existing research; and
``(B) evaluations of programs funded by grants
under this chapter that were conducted by the Office of
Policy Development and Review or by the grantees
themselves;
``(3) how the information gathered in paragraph (2) has
been incorporated into--
``(A) the guidance provided to applicants under
this chapter; and
``(B) the implementing regulations under this
chapter; and
``(4) any statutory changes that the Secretary would
recommend to help make grants awarded under this chapter more
effective.''.
(3) Office of policy development and research review and
plan.--Chapter 2 of subtitle C of title V of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by
adding at the end the following:
``SEC. 5130. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND PLAN.
``(a) Review.--
``(1) In general.--The Office of Policy Development and
Research established pursuant to section 501 of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1) shall conduct
a review of existing research relating to preventing and
reducing violent and drug-related crime to assess, using
scientifically rigorous and acceptable methods, which
strategies--
``(A) have been found to be effective in preventing
and reducing violent and drug-related crimes; and
``(B) would be likely to be effective in preventing
and reducing violent and drug-related crimes in public
and federally assisted low-income housing environments.
``(2) Report.--Not later than 180 days after the date of
enactment of the Affordable Housing Expansion and Public Safety
Act, the Secretary shall issue a written report with the
results of the review required under paragraph (1).
``(b) Evaluation Plan.--
``(1) In general.--Upon completion of the review required
under subsection (a)(1), the Office of Policy Development and
Research, in consultation with housing authorities, social
scientists, and other interested parties, shall develop and
implement a plan for evaluating the effectiveness of strategies
funded under this chapter, including new and innovative
strategies and existing strategies, that have not previously
been subject to rigorous evaluation methodologies.
``(2) Methodology.--The plan described in paragraph (1)
shall require such evaluations to use rigorous methodologies,
particularly random assignment (where practicable), that are
capable of producing scientifically valid knowledge regarding
which program activities are effective in preventing and
reducing violent and drug-related crime in public and other
federally assisted low-income housing.''.
SEC. 5. SENSE OF THE SENATE REGARDING THE CREATION OF A NATIONAL
AFFORDABLE HOUSING TRUST FUND.
(a) Findings.--Congress finds the following:
(1) Only 1 in 4 eligible households receives Federal rental
assistance.
(2) The number of families facing severe housing cost
burdens grew by almost 2,000,0000 households between 2001 and
2004.
(3) 1 in 3 families spend more than 30 percent of their
earnings on housing costs.
(4) More than 75 percent of renter households with severe
housing affordability burdens are extremely low-income
families.
(5) More than half of extremely low-income households pay
at least half of their income on housing.
(6) At least 500,000 Americans are homeless every day.
(7) 2,000,000 to 3,000,0000 Americans are homeless for
various lengths of time each year.
(8) It is estimated that the development of an average
housing unit creates on average more than 3 jobs and the
development of an average multifamily unit creates on average
more than 1 job.
(9) It is estimated that over $80,000 is produced in
government revenue for an average single family unit built and
over $30,000 is produced in government revenue for an average
multifamily unit built.
(10) The Bipartisan Millennial Housing Commission stated
that ``the most serious housing problem in America is the
mismatch between the number of extremely low income renter
households and the number of units available to them with
acceptable quality and affordable rents.''.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) Congress shall create a national affordable housing
trust fund with the purpose of supplying 1,500,000 additional
affordable housing units over the next 10 years;
(2) such a trust fund shall contain sufficient income
targeting to reflect the housing affordability burdens faced by
extremely low-income and very low-income families; and
(3) such a trust fund shall contain enough flexibility to
allow local communities to produce, preserve, and rehabilitate
affordable housing units while ensuring that such affordable
housing development fosters the creation of healthy and
sustainable communities.
SEC. 6. OFFSETS.
(a) Repeal of Multiyear Procurement Authority for F-22A Raptor
Fighter Aircraft.--Effective as of October 17, 2006, section 134 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), relating to multiyear procurement authority for
F-22A Raptor fighter aircraft, is repealed.
(b) Advanced Research for Fossil Fuels.--Notwithstanding any other
provision of law, the Secretary of Energy shall not carry out any
program that conducts, or provides assistance for, applied research for
fossil fuels.
(c) Termination of Advanced Technology Program.--Notwithstanding
any other provision of law, the Secretary of Commerce may not award any
new grants under the Advanced Technology Program, provided for under
section 28 of the National Institute of Standards and Technology Act
(15 U.S.C. 278n), effective October 1, 2006. | Affordable Housing Expansion and Public Safety Act - Instructs the Secretary of Housing and Urban Development (Secretary) to provide an additional 100,000 incremental vouchers for tenant-based rental housing assistance under the Section 8 Housing Choice Voucher Program in FY2007.
Amends the Cranston-Gonzalez National Affordable Housing Act to direct: (1) each participating jurisdiction to use Home Investments Partnership (HOME) grant funds to provide affordable housing to individuals or families whose income is 30% or lower than the area median income (extremely low-income); and (2) direct the Secretary to allocate HOME funds to such jurisdictions on a specified pro-rata basis.
Amends the Anti-Drug Abuse Act of 1988 to: (1) extend to FY2011 the authorization of appropriations for the Public and Assisted Housing Crime and Drug Elimination Program (PHDEP); (2) set aside specified amounts for the Office of Policy Development and Research; (3) identify activities eligible for grant funds; and (4) require the Office to review research to assess strategies likely to be effective in preventing and reducing violent and drug-related crimes in public and federally assisted low-income housing.
Expresses the sense of the Senate that Congress shall create a national affordable housing trust fund to supply 1.5 million additional affordable housing units over the next 10 years, especially for extremely low-income and very low-income families.
Repeals multiyear procurement authority for the F-22A Raptor Fighter Aircraft.
Prohibits the Secretary of Energy from implementing the advanced research program for fossil fuels.
Prohibits the Secretary of Commerce from awarding new Advanced Technology Program grants under the National Institute of Standards and Technology Act. | {"src": "billsum_train", "title": "A bill to provide for additional section 8 vouchers, to reauthorize the Public and Assisted Housing Drug Elimination Program, and for other purposes."} | 3,726 | 358 | 0.547709 | 1.684871 | 0.796562 | 3.987382 | 10.62776 | 0.927445 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Hospitals, Healthy Hospitals
Act of 2008''.
SEC. 2. LOANS FOR HEALTH CARE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting in conjunction
with the Administrator of the Health Resources and Services
Administration, shall make available to eligible non-profit hospitals
and non-profit health care institutions 30-year no interest loans to be
used to assist such entities to carry out new construction or to make
renovations that will--
(1) enable such entities to achieve compliance with the
guidelines of the ``Green Guide for Health Care''; or
(2) enable such entities to achieve compliance with any
successor regulations determined appropriate by the Secretary.
(b) Eligibility.--To be eligible to receive a loan under subsection
(a), a non-profit hospital or non-profit health care institution shall
submit to the Secretary an application at such time, in such manner,
and containing such information and agreements as the Secretary may
require.
(c) General Provisions Relating to Loans.--
(1) Terms and conditions.--The Secretary may not approve an
application for a loan under this section unless the Secretary
determines that the terms, conditions, security, 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.
(2) Payments.--The Secretary may not approve an application
for a loan under this section unless--
(A) the Secretary is reasonably satisfied that the
applicant therefore will be able to make payments of
principal thereon when due; and
(B) the applicant provides the Secretary with
reasonable assurances that there will be available to
such applicant such additional funds as may be
necessary to complete the project or undertaking with
respect to which such loan is requested.
(3) Requirements.--A loan made under this section shall--
(A) have such security;
(B) have such maturity date;
(C) be repayable in such installments; and
(D) be subject to such other terms and conditions
(including provisions for recovery in case of default),
as the Secretary determines to be necessary to carry
out the purposes of this section while adequately
protecting the financial interests of the United
States.
(4) Waiver or right of recovery.--The Secretary may, for
good cause but with due regard to the financial interests of
the United States, waive any right of recovery which the
Secretary has by reason of the failure of a applicant to make
payments of principal on a loan made under this section.
(d) Regulations.--Not later than 150 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury, shall promulgate final regulations and rules
(with a comment period that does not exceed 60 days), that shall be in
addition to, and consistent with this Act that shall be used to
determine eligibility for participation in the program under this
section, the scope of such program, the purposes for which loan funds
may be used, the application requirements, the security requirements,
and the requirements for the administration and oversight of the
program which shall include a system in which such loans are repaid to
the United States. Such regulations shall provide that in determining
the entities that are eligible for participation in such loan program
and in approving the applications of such entities, the Secretary shall
give priority consideration to non-profit hospitals or non-profit
health institutions that have a low income utilization rate (as defined
in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r-
4(b)(3))) that is greater than 25 percent.
(e) Evaluations.--Not later than 1 year after making a loan under
this section, and annually thereafter, the Secretary shall conduct an
evaluation of new or updated green health care guidelines developed by
entities such as the United States Green Building Council, and
determine whether such guidelines should be included in the
requirements for the loan program established under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for each of fiscal
years 2009 through 2013. Of the amount appropriate for any fiscal year
under the preceding sentence, such sums as are determined necessary by
the Secretary shall be allocated to the Health Resource and Services
Administration for the Administration of the program under this
section.
(g) Carryover.--Amounts appropriated for a fiscal year under
subsection (f) that are not disbursed in such fiscal year may be
carried forward to the next fiscal year to be used under this section
and applied to that fiscal year's allocation.
SEC. 3. RESEARCH FOR HEALTH CARE.
(a) Institute of Medicine.--The Secretary shall enter into a
contract with the Institute of Medicine for the submission of a report
on the ways in which the use of green building technologies, waste
management techniques, and other environmentally sustainable practices
improve employee performance, reduce health care costs, and improve
patient outcomes.
(b) Agency for Healthcare Research and Quality.--Not later than 3
years after the date of enactment of this Act, and every 3 years
thereafter, the Agency for Healthcare Research and Quality shall
include in the health care quality report under section 913(b)(2) of
the Public Health Service Act (42 U.S.C. 299b-2(b)(2)), a section that
summarizes the most recent research on green health care and the ways
in which environmentally sustainable practices can improve employee
performance, reduce healthcare costs, and improve patient outcomes. | Green Hospitals, Healthy Hospitals Act of 2008 - Directs the Secretary of Health and Human Services, acting in conjunction with the Administrator of the Health Resources and Services Administration, to provide nonprofit hospitals and health care institutions with 30-year no interest loans to enable such institutions to comply with the guidelines of the Green Guide for Health Care or successor regulations of the Department of Health and Human Services (HHS) on green building technologies.
Directs the Secretary to enter into a contract with the Institute of Medicine for a report on the use of green building technologies, waste management techniques, and other environmentally sustainable practices to improve employee performance, reduce health care costs, and improve patient outcomes. Requires the Agency for Healthcare Research and Quality to include in its annual report on health care quality a summary of the most recent research on green health care and the ways in which environmentally sustainable practices can improve employee performance, reduce health care costs, and improve patient outcomes. | {"src": "billsum_train", "title": "A bill to provide loans to hospitals and nonprofit health care institutions to implement green building technologies, waste management techniques, and other environmentally sustainable practices to improve employee performance, reduce healthcare costs, and improve patient outcomes."} | 1,214 | 194 | 0.521964 | 1.493934 | 0.984814 | 5.240437 | 6.26776 | 0.945355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Ownership and Equity Protection
Act of 1993''.
SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES.
(a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C.
1602) is amended--
(1) by inserting after subsection (u) the following new
subsection:
``(v) The term `high cost mortgage' means a consumer credit
transaction, other than a residential mortgage transaction or a
transaction under an open-end credit plan, that is secured by a
consumer's principal dwelling and that satisfies at least 1 of the
following conditions:
``(1) The annual percentage rate at the time the loan is
originated will exceed by more than 10 percentage points the
yield on Treasury securities having comparable maturities, as
determined by the Board. In the case of a variable rate loan
with an initial interest rate that may be different than the
rate or rates that will apply during subsequent periods, the
annual percentage rate shall be computed taking into account
the subsequent rates.
``(2) Based on information provided by the consumer, the
consumer's total monthly debt payments will exceed 60 percent
of the consumer's monthly gross income, immediately after the
loan is consummated. The Board may establish a different debt
to income ratio if the Board determines that such a ratio is in
the public interest and is consistent with the purposes of this
Act.
``(3) All points and fees payable at or before closing will
exceed 8 percent of the total loan amount.''; and
(2) by redesignating subsections (v), (w), (x), (y), and
(z) as (w), (x), (y), (z), and (aa), respectively.
(b) Material Disclosures.--Section 103(u) of the Truth in Lending
Act (15 U.S.C. 1602(u)) is amended by striking ``and the due dates or
periods of payments scheduled to repay the indebtedness.'' and
inserting ``the due dates or periods of payments scheduled to repay the
indebtedness, and the disclosures for high cost mortgages required by
paragraphs (1) through (6) of section 129(a).''.
(c) Definition of Creditor Clarified.--Section 103(f) of the Truth
in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end:
``Notwithstanding the above, any person who originates 2 or more high
cost mortgages a year, or who originates a high cost mortgage through a
loan broker, is a creditor for the purposes of section 129.''.
(d) Disclosures Required and Certain Terms Prohibited.--The Truth
in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding after
section 128 the following new section:
``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES.
``(a) Disclosures.--In addition to any other disclosures required
under this title, for each high cost mortgage, the creditor shall
provide the following written disclosures in clear language and in
conspicuous type size and format, segregated from other information as
a separate document:
``(1) The following statement: `If you obtain this loan,
the lender will have a mortgage on your home. You could lose
your home, and any money you have put into it, if you do not
meet your obligations under the loan.'
``(2) The initial annual percentage rate.
``(3) The consumer's gross monthly cash income, as reported
to the creditor by the consumer, the total initial monthly
payment, and the amount of funds that will remain to meet other
obligations of the consumer.
``(4) In the case of a variable rate loan, a statement that
the annual percentage rate and the monthly payment could
increase, and the maximum interest rate and payment.
``(5) In the case of a variable rate loan with an initial
annual percentage rate that is different than the one which
would be applied using the contract index after the initial
period, a statement of the period of time the initial rate will
be in effect, and the rate or rates that will go into effect
after the initial period is over, assuming that current
interest rates prevail.
``(6) A statement that the consumer is not required to
complete the transaction merely because he or she has received
disclosures or signed a loan application.
``(b) Time of Disclosures.--The disclosures required by this
section shall be given no later than 3 business days prior to
consummation of the transaction. A creditor may not change the terms of
the loan after providing the disclosures required by this section.
``(c) No Prepayment Penalty.--
``(1) In general.--Except as provided in paragraph (4), a
high cost mortgage may not contain terms under which a consumer
must pay a prepayment penalty for paying all or part of the
principal of a high cost mortgage prior to the date on which
such balance is due.
``(2) Rebate computation.--For the purposes of this
subsection, any method of computing rebates of interest less
advantageous to the consumer than the actuarial method using
simple interest is deemed a prepayment penalty.
``(3) Certain other fees prohibited.--An agreement to
refinance a high cost mortgage by the same creditor or an
affiliate of the creditor may not require the consumer to pay
points, discount fees, or prepaid finance charges on the
portion of the loan refinanced. For the purpose of this
paragraph, the term `affiliate' has the same meaning as it does
in section 2(k) of the Bank Holding Company Act of 1956.
``(4) Exception.--A high cost mortgage may include terms
under which a consumer is required to pay not more than 1
month's interest as a penalty if the consumer prepays the full
principal of the loan within 90 days of origination.
``(d) No Balloon Payments.--A high cost mortgage may not include
terms under which the aggregate amount of the regular periodic payments
would not fully amortize the outstanding principal balance.
``(e) No Negative Amortization.--A high cost mortgage may not
include terms under which the outstanding principal balance will
increase over the course of the loan.
``(f) No Prepaid Payments.--A high cost mortgage may not include
terms under which more than 2 periodic payments required under the loan
are consolidated and paid in advance from the loan proceeds provided to
the consumer.''.
(e) Conforming Amendment.--The table of sections at the beginning
of chapter 2 of the Truth in Lending Act is amended by striking the
item relating to section 129 and inserting the following:
``129. Disclosure requirements for high cost mortgages.''.
SEC. 3. CIVIL LIABILITY.
(a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C.
1640(a)) is amended--
(1) by striking ``and'' at the end of paragraph (2)(B);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) in case of a failure to comply with any requirement
under section 129, all finance charges and fees paid by the
consumer.''.
(b) State Attorney General Enforcement.--Section 130(e) of the
Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the
end the following: ``An action to enforce a violation of section 129
may also be brought by the appropriate State attorney general in any
appropriate United States district court, or any other court of
competent jurisdiction, within 5 years from the date on which the
violation occurs.''.
(c) Assignee Liability.--Section 131 of the Truth in Lending Act is
amended by adding at the end the following new subsection:
``(d) High Cost Mortgages.--If a creditor fails to comply with any
of the requirements of section 129 in connection with any high cost
mortgage, any assignee shall be subject to all claims and defenses that
the consumer could assert against the creditor. Recovery under this
subsection shall be limited to the total amount paid by the consumer in
connection with the transaction.''.
SEC. 4. EFFECTIVE DATE.
This Act shall be effective 60 days after the promulgation of
regulations by the Board of Governors of the Federal Reserve System,
which shall occur not later than 180 days following the date of
enactment of this Act. | Home Ownership and Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages.
Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which such balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; and (5) certain prepaid payments.
Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer.
Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor. | {"src": "billsum_train", "title": "Home Ownership and Equity Protection Act of 1993"} | 1,938 | 187 | 0.478261 | 1.467832 | 0.727731 | 3.432927 | 10.792683 | 0.896341 |
SECTION 1. DEFINITIONS.
For purposes of this Act only, the term--
(1) ``coastline'' has the same meaning that it has in the
Submerged Lands Act (43 U.S.C. 1301 et seq.);
(2) ``county'' means a unit of general government
constituting the local jurisdiction immediately below the level
of State government. This term includes, but is not limited to,
counties, parishes, villages and tribal governments which
function in lieu of and are not within a county, and in Alaska,
borough governments. If State law recognizes an entity of
general government that functions in lieu of and is not within
a county, the Secretary may recognize such other entities of
general government as counties;
(3) ``coastline State'' means any State of the United
States bordering on the Atlantic Ocean, the Pacific Ocean, the
Arctic Ocean, the Bering Sea or the Gulf of Mexico;
(4) ``distance'' means minimum great circle distance,
measured in statute miles;
(5) ``leased tract'' means a tract, leased under section 8
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for
the purpose of drilling for, developing and producing oil or
natural gas resources, which is a unit consisting of either a
block, a portion of a block, a combination of blocks and/or
portions of blocks, as specified in the lease, and as depicted
on an Outer Continental Shelf Official Protraction Diagram;
(6) ``new revenues'' means monies received by the United
States as royalties (including payments for royalty taken in
kind and sold pursuant to section 27 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1353)), net profit share payments,
and related late-payment interest from natural gas and oil
leases issued pursuant to the Outer Continental Shelf Lands
Act, but only from leased tracts from which such revenues are
first received by the United States after the date of enactment
of this Act;
(7) ``Outer Continental Shelf'' means all submerged lands
lying seaward and outside of the area of ``lands beneath
navigable waters'' as defined in section 2(a) of the Submerged
Lands Act 43 U.S.C. 1301(a)), and of which the subsoil
and seabed appertain to the United States and are subject to its
jurisdiction and control; and
(8) ``Secretary'' means the Secretary of the Interior or
the Secretary's designee.
SEC. 2. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) There is established a fund in the Treasury of the United
States, which shall be known as the ``Outer Continental Shelf Impact
Assistance Fund'' (hereinafter referred to in this Act as ``the
Fund''). Allocable new revenues determined under subsection (c) shall
be deposited in the Fund.
(b) The Secretary of the Treasury shall invest excess monies in the
Fund, at the written request of the Secretary, in public debt
securities with maturities suitable to the needs of the Fund, as
determined by the Secretary, and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United
States of comparable maturity.
(c) Notwithstanding section 9 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1338), amounts in the Fund, together with interest
earned from investment thereof, shall be paid at the direction of the
Secretary as follows:
(1) The Secretary shall determine the new revenues from any
leased tract or portion of a leased tract lying seaward of the
zone defined and governed by section 8(g) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying
within such zone but to which section 8(g) does not apply, the
geographic center of which lies within a distance of 200 miles
from any part of the coastline of any coastal State
(hereinafter referred to as an ``eligible coastal State'').
(2) The Secretary shall determine the allocable share of
new revenues determined under paragraph (1) by multiplying such
revenues by 27 percent.
(3) The Secretary shall determine the portion of the
allocable share of new revenues attributable to each eligible
coastal State (hereinafter referred to as the ``eligible
coastal State's attributable share'') based on a fraction which
is inversely proportional to the distance between the nearest
point on the coastline of the eligible coastal State and the
geographic center of the leased tract or portion of the leased
tract (to the nearest whole mile). Further, the ratio of an
eligible State's attributable share to any other eligible
State's attributable share shall be equal to the inverse of the
ratio of the distances between the geographic center of the
leased tract or portion of the leased tract and the coastlines
of the respective eligible coastal States. The sum of the
eligible coastal States' attributable shares shall be equal to
the allocable share of new revenues determined under paragraph
(2).
(4) The Secretary shall pay from the Fund 50 percent of
each eligible coastal State's attributable share, together with
the portion of interest earned from investment of the funds
which corresponds to that amount, to that State.
(5) Within 60 days of enactment of this Act, the Governor
of each eligible coastal State shall provide the Secretary with
a list of all counties, as defined herein, that are to be
considered for eligibility to receive impact assistance
payments. This list must include all counties with borders
along the State's coastline and may also include counties which
are at the closest point no more than 60 miles from the State's
coastline and which are certified by the Governor to have
significant impacts from Outer Continental Shelf-related
activities. For any such county that does not have a border
along the coastline, the Governor shall designate the coastline
of the nearest county that does have a border along the
coastline to serve as the former county's coastline for the
purposes of this section. The Governor of any eligible coastal
State may modify this list whenever significant changes in
Outer Continental Shelf activities require a change, but no
more frequently than once a year.
(6) The Secretary shall determine, for each county within
the eligible coastal State identified by the Governor according
to paragraph (5) for which any part of the county's coastline
lies within a distance of 200 miles of the geographic center of
the leased tract or portion of the leased tract (hereinafter
referred to as an ``eligible county'') 50 percent of the
eligible coastal State's attributable share which is
attributable to such county (hereinafter referred to as the
``eligible county's attributable share'') based on a fraction
which is inversely proportional to the distance between the
nearest point on the coastline of the eligible county and the
geographic center of the leased tract or portion of the leased
tract (to the nearest whole mile). Further, the ratio of any
eligible county's attributable share to any other eligible
county's attributable share shall be equal to the inverse of
the ratio of the distances between the geographic center of the
leased tract or portion of the leased tract and the coastlines
of the respective eligible counties. The sum of the eligible
counties' attributable shares for all eligible counties within
each State shall be equal to 50 percent of the eligible coastal
State's attributable share determined under paragraph (3).
(7) The Secretary shall pay from the Fund the eligible
county's attributable share, together with the portion of
interest earned from investment of the Fund which corresponds
to that amount, to that county.
(8) Payments to eligible coastal States and eligible
counties under this section shall be made not later than
December 31 of each year from new revenues received and
interest earned thereon during the immediately preceding fiscal
year, but not earlier than one year following the date of
enactment of this Act.
(9) The remainder of new revenues and interest earned in
the Fund not paid to an eligible State or an eligible county
under this section shall be disposed of according to the law
otherwise applicable to receipts from leases on the Outer Continental
Shelf.
SEC. 3. USES OF FUNDS.
Funds received pursuant to this Act shall be used by the eligible
coastal States and eligible counties for projects and activities
related to all impacts of Outer Continental Shelf-related activities
including but not limited to--
(1) air quality, water quality, fish and wildlife,
wetlands, or other coastal resources;
(2) other activities of such State or county, authorized by
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.), the provisions of subtitle B of title IV of the Oil
Pollution Act of 1990 (104 Stat. 523), or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(3) administrative costs of complying with the provisions
of this subtitle.
SEC. 4. OBLIGATIONS OF ELIGIBLE COUNTIES AND STATES.
(a) Project Submission.--Prior to the receipt of funds pursuant to
this Act for any fiscal year, an eligible county must submit to the
Governor of the State in which it is located a plan setting forth the
projects and activities for which the eligible county proposes to
expend such funds. Such plan shall state the amounts proposed to be
expended for each project or activity during the upcoming fiscal year.
(b) Project Approval.--Prior to the payment of funds pursuant to
this Act to any eligible county for any fiscal year, the Governor must
approve the plan submitted by the eligible county pursuant to
subsection (a) and notify the Secretary of such approval. State
approval of any such plan shall be consistent with all applicable State
and federal law. In the event the Governor disapproves any such plan,
the funds that would otherwise be paid to the eligible county shall be
placed in escrow by the Secretary pending modification and approval of
such plan, at which time such funds together with interest thereon
shall be paid to the eligible county.
(c) Certification.--No later than 60 days after the end of the
fiscal year, any eligible county receiving funds under this Act must
certify to the Governor--
(1) the amount of such funds expended by the county during
the previous fiscal year;
(2) the amounts expended on each project or activity; and
(3) the status of each project or activity.
SEC. 5. ANNUAL REPORT, REFUNDS.
(a) On June 15 of each fiscal year, the Governor of each State
receiving monies from the Fund shall account for all monies so received
for the previous fiscal year in a written report to Congress.
(b) In those instances where through judicial decision,
administrative review, arbitration or other means there are royalty
refunds owed to entities generating new revenues under this Act,
repayment of such refunds in the same proportion as monies were
received under section 2 shall be the responsibility of the
governmental entities receiving distributions under the Fund. | Establishes the Outer Continental Shelf Impact Assistance Fund to provide impact assistance to coastal States from allocable new revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act).
Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments.
Mandates that such funds be expended by the eligible coastal States and counties for certain environmental projects and activities.
Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend impact assistance funds; and (2) the Governor of each recipient State to account to the Congress for all Fund monies received for the previous fiscal year. | {"src": "billsum_train", "title": "A bill to provide Outer Continental Shelf Impact Assistance to State and local governments, and for other purposes."} | 2,410 | 195 | 0.516917 | 1.482532 | 0.753768 | 3.565714 | 12.925714 | 0.948571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Classrooms Act for
Private Technology Investment''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) The General Accounting Office reported in 1995 that
``America's schools are not designed or equipped for the 21st
Century'';
(2) an excellent education that provides American children
with a fighting chance at the American Dream includes rigorous
academic basic instruction, plus technological literacy and
proficiency in working with computers;
(3) by the year 2000, 60 percent of American jobs will
require technology skills; thus, without early training in
technological literacy, many of our future leaders will start
their adult lives at a severe economic disadvantage;
(4) while America's classrooms are supported by dedicated
teachers, involved families, and bright young children, many of
our Nation's classrooms lack the important technological
resources that they need to prepare both teachers and students
for a technologically advanced present and future;
(5) advanced technology has improved America's economic
competitiveness, transformed commerce and communications, and
improved the quality of life of millions of Americans, but it
has not yet made as transforming an impact on the way schools
educate children;
(6) the Internet and the World Wide Web are revolutionizing
the way individuals and organizations share and find
information, yet only 14 percent of our classrooms have a
telephone jack, and about 1 in 50 are connected to the
Internet; furthermore, the most common computer in our Nation's
schools is the Apple 2c, introduced over a decade ago and now
on display at the Smithsonian Institution; and while 50 percent
of schools have local area computer networks (LANs), less than
10 percent of those networks connect with computers in
classrooms;
(7) therefore, bringing America's classrooms into the 21st
Century requires a major national investment in technology,
including computers, software, and interactive
interconnectivity;
(8) the sums required to bring our classrooms into the 21st
Century extend into the tens of billions of dollars;
(9) Congress has authorized and funded several programs
which invest in education technology; however, because of the
immense scale of the need, and because primary and secondary
education are primarily a local and State responsibility,
bringing our classrooms into the 21st Century is best done in a
manner that does not increase Federal Government expenditures
or bureaucracy and keeps control as close as possible to the
children and teachers who will benefit; and
(10) many businesses invest their time and resources into
classrooms; but the tremendous need for additional computer
equipment and software in our classrooms, plus the wave of
computer upgrades taking place among businesses in the United
States, argue persuasively for an additional financial
incentive to encourage businesses to invest their equipment
into 21st Century classrooms.
(b) Purpose.--The purpose of this Act is to direct the innovation
and energy of private enterprise to the education of our young people,
expand technological literacy, and bring the education of our young
people into the 21st Century.
SEC. 3. CONTRIBUTIONS FOR COMPUTER TECHNOLOGY AND EQUIPMENT FOR
ELEMENTARY OR SECONDARY SCHOOL PURPOSES.
(a) Contributions of Computer Technology and Equipment for
Elementary or Secondary School Purposes.--Subsection (e) of section 170
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Special rule for contributions of computer technology
and equipment for elementary or secondary school purposes.--
``(A) Limit on reduction.--In the case of a
qualified elementary or secondary educational
contribution, the reduction under paragraph (1)(A)
shall be no greater than the amount determined under
paragraph (3)(B).
``(B) Qualified elementary or secondary educational
contribution.--For purposes of this paragraph, the term
`qualified elementary or secondary educational
contribution' means a charitable contribution by a
corporation of any computer technology or equipment,
but only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
or
``(II) an entity described in
section 501(c)(3) and exempt from tax
under section 501(a) (other than an
entity described in subclause (I)) that
is organized primarily for purposes of
supporting elementary and secondary
education,
``(ii) the contribution is made not later
than 2 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) substantially all of the use of the
property by the donee is for use within the
United States for educational purposes in any
of the grades K-12 that are related to the
purpose or function of the organization or
entity,
``(iv) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs,
``(v) the property will fit productively
into the entity's education plan, and
``(vi) the entity's use and disposition of
the property will be in accordance with the
provisions of clauses (iii) and (iv).
``(C) Contribution to private foundation.--A
contribution by a corporation of any computer
technology or equipment to a private foundation (as defined in section
509) shall be treated as a qualified elementary or secondary
educational contribution for purposes of this paragraph if--
``(i) the contribution to the private
foundation satisfies the requirements of
clauses (ii) and (iv) of subparagraph (B), and
``(ii) within 30 days after such
contribution, the private foundation--
``(I) contributes the property to
an entity described in clause (i) of
subparagraph (B) that satisfies the
requirements of clauses (iii) through
(vi) of subparagraph (B), and
``(II) notifies the donor of such
contribution.
``(D) Special rule relating to construction of
property.--For the purposes of this paragraph,
paragraph (4)(C) shall apply.
``(E) Definitions.--For the purposes of this
paragraph--
``(i) Computer technology or equipment.--
The term `computer technology or equipment'
means computer software (as defined by section
197(e)(3)(B)), computer or peripheral equipment
(as defined by section 168(i)(2)(B)), and fiber
optic cable related to computer use.
``(ii) Corporation.--The term `corporation'
has the meaning given to such term by paragraph
(4)(D).''
(b) Contributions of Cash for Computer Technology and Equipment for
Elementary or Secondary School Purposes.--Subsection (a) of section 170
of such Code is amended by adding at the end the following new
paragraph:
``(4) In the case of a corporation, the amount of each
charitable contribution of cash to an organization or entity
described in subsection (e)(6)(B)(i) to be used by such
organization or entity for the purpose of acquiring computer
technology or equipment (as defined in subsection (e)(6)(E)(i))
shall be treated for purposes of this section as being equal to
110 percent of the amount of such contribution which (but for
this sentence) would otherwise be taken into account under this
section.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the calendar year in which this
Act is enacted. | 21st Century Classrooms Act for Private Technology Investment - Amends the Internal Revenue Code to provide businesses with a deduction for: (1) the donation of computer technology and equipment (within two years of production or acquisition) to elementary or secondary schools, tax-exempt entities supporting education, or private foundations that contribute such property to these entities; and (2) cash contributions used for such purposes. | {"src": "billsum_train", "title": "21st Century Classrooms Act for Private Technology Investment"} | 1,676 | 83 | 0.449378 | 1.244745 | 0.92179 | 2.025974 | 20.207792 | 0.805195 |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``SMART Research and
Development Compact''.
(b) Findings.--The Congress makes the following findings:
(1) The shared borders, similar economic, environmental,
and socioeconomic traits as well as the common historical
attributes between the residents of Delaware, Maryland, New
Jersey, and Pennsylvania, bind the 4 States into a common Mid-
Atlantic region.
(2) This region presents a rich framework of approximately
618 colleges and universities, including approximately 38
leading engineering colleges with a variety of technical
expertise and ingenious research and development programs
within every field of science and technology.
(3) This region contains a variety of federally owned and
generated laboratories or organizations assigned with the task
of performing needed research and development in most of our
Nation's technical areas, highlighted by defense,
transportation, health, energy, and communications.
(4) This region possesses a great wealth of private
manufacturers, laboratories, and nonprofit organizations in
each of the scientific and technological pursuits, such as
homeland security, defense, aerospace, manufacturing,
information systems, materials, chemicals, medical
applications, and pharmaceuticals.
(5) Increased cooperation between the above-mentioned
institutions and the 4 State governments may effectively
enhance the region's contribution to the United States in all
fields of science and technology and promote academic, private
and public research and development, technical enterprise, and
intellectual vitality.
(6) An organization assigned with the task of linking
various institutions across different jurisdictions and
promoting working partnerships may further assist the United
States by providing a model for the rest of the Nation for the
effective use of limited national, State, and local funding
resources.
SEC. 2. CONSENT TO COMPACT.
The Congress consents to the SMART Research and Development Compact
if that compact is entered into by two or more of the following States:
the State of Delaware, the State of Maryland, the State of New Jersey,
and the Commonwealth of Pennsylvania. The compact reads substantially
as follows:
``SMART RESEARCH AND DEVELOPMENT COMPACT
``ARTICLE I.
``The purpose of this compact is to promote the contribution of the
Mid-Atlantic region to the Nation's research and development in science
and technology, and to create a multi-State organization that shall be
known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow)
Organization (hereinafter in this compact referred to as the
`Organization'). The purpose of the Organization is to oversee and help
facilitate the acquisition of research and development funding, and to
enhance the cooperation, formation of partnerships, and sharing of
information among businesses, academic institutions, Federal and State
governmental agencies, laboratories, federally owned and operated
laboratories, and nonprofit entities, within Delaware, Maryland, New
Jersey, and Pennsylvania.
``ARTICLE II.
``This compact takes effect upon ratification by two or more of the
following States: the State of Delaware, the State of Maryland, the
State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to
the consent of Congress.
``ARTICLE III.
``The States, which are parties to this compact (hereinafter
referred to as `party States'), do hereby establish and create the
Organization as a joint organization which shall be known as the SMART
Organization.
``The leadership of the Organization shall consist of a Board of
Directors that shall include a representative from each party State,
appointed as provided by the law of that State, and representatives
from each technology class described in Article IV from the party
States. Board Members may include any business, academic institution,
nonprofit agency, Federal or State governmental agency, laboratory, and
federally owned and operated laboratory within the party States.
``The leadership of the Organization shall oversee and direct the
projects, administration, and policies of the Organization. The Board
of Directors may create and utilize the services of technology-
designated Working Groups to identify goals and sources of funding,
establish research and development projects, detect new technology
advances for the region to pursue, and facilitate cooperation among
regional entities. The Board of Directors and Working Groups in the
Organization shall serve without compensation and shall hold regular
quarterly meetings and such special meetings as their business may
require.
``The Organization shall adopt bylaws and any other such rules or
procedures as may be needed. The Organization may hold hearings and
conduct studies and surveys to carry out its purpose. The Organization
may acquire by gift or otherwise and hold and dispose of such money and
property as may be provided for the proper performance of its
functions, may cooperate with other public or private groups, whether
local, State, regional, or national, having an interest in economic or
technology development, and may exercise such other powers as may be
appropriate to accomplish its functions and duties in connection with
the development of the Organization and to carry out the purpose of
this compact.
``ARTICLE IV.
``Not including State Representatives, the Organization Board of
Directors and Technology Working Groups may represent and originate
from the following technology classes: information technology, sensors,
rotorcraft technology, manufacturing technology, fire/EMS, financial
technology, alternative fuels, nanotechnology, electronics,
environmental, telecommunications, chemical and biological, biomedical,
opto-electric, Materials/Aerospace, and defense systems including
directed energy, missile defense, future combat systems, and unmanned
aerial vehicles. The SMART Organization may at any time, upon approval
by the Board of Directors, designate and assign new technology classes
and may at any time remove an existing class from this Article and the
Organization's activities.
``ARTICLE V.
``The Board of Directors shall appoint a full-time paid executive
director, who shall be a person familiar with the nature of the
procedures and the significance of scientific funding, research and
development, economic development, and the informational, educational,
and publicity methods of stimulating general interest in such
developments. The duties of the executive director are to carry out the
goals and directives of the Board of Directors and administer the
actions of each Working Group as chairman. The executive director may
hire a staff and shall be the administrative head of the Organization,
whose term of office shall be at the pleasure of the Board of
Directors.
``ARTICLE VI.
``This compact shall continue in force and remain binding upon each
party State until 6 months after the party State gives notice of its
intent to withdraw to the other party States.''.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The Congress expressly reserves the right to alter, amend, or
repeal this Act. | SMART Research and Development Compact - Grants the consent of the Congress to the SMART Research and Development Compact (to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology and to create multi-State organization for strengthening the Mid-Atlantic region for tomorrow (SMART)) if it is entered into by two or more of the following States: Delaware, Maryland, New Jersey, or Pennsylvania. | {"src": "billsum_train", "title": "To grant the consent of the Congress to the SMART Research and Development Compact."} | 1,417 | 102 | 0.626073 | 1.77025 | 0.969963 | 6.717647 | 16.447059 | 0.976471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandparents Raising Grandchildren
Assistance Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) many grandparents throughout the United States are the
primary caregivers to their grandchildren and such grandparents
are essentially starting over as parents;
(2) grandparents are acting as parents for a second time
primarily because of problems relating to the natural parents
of their grandchildren such as drug and alcohol addiction,
abuse, divorce, AIDS and other health problems, and teenage
pregnancy;
(3) grandparents and the grandchildren for whom they
provide care often suffer legal, financial, emotional, and
bureaucratic hardships; and
(4) it is desirable to develop national policies that
assist grandparents who are serving as the primary caregivers
to their grandchildren.
SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY.
(a) In General.--Subsection (e) of section 216 of the Social
Security Act (42 U.S.C. 416) is amended--
(1) by striking ``, but only if'' in the first sentence and
all that follows through ``such individual died''; and
(2) by striking the last sentence.
(b) Additional Requirements if Parents Are Alive.--Section
202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended
by adding at the end the following new subparagraph:
``(C) If--
``(i) a child is treated as a child of an individual under
clause (3) of the first sentence of section 216(e), and
``(ii) a natural or adoptive parent of the child is living
at the time specified in paragraph (1)(C) of this subsection,
such child shall not be treated as dependent on such individual as of
such time unless the period described in subparagraphs (A) and (B) is
two years, and the natural or adoptive parent, if over the age of 18
years, is not a dependent for whom a deduction is allowable under
section 151 of the Internal Revenue Code of 1986 to such individual.''.
(c) Suspension of Benefits if Child Reunites With Parents.--Section
202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) in the case of a child described in paragraph (9)(C),
the first month during which such child lives with such child's
natural or adoptive parent who has attained the age of 18 and
who is not a dependent as described in such paragraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to benefits payable for months after the date of the enactment of
this Act, but only on the basis of applications filed after such date.
SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES
PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE.
(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) is amended by inserting after section 477 the
following new section:
``development of model procedure for notifying relatives prior to
placement of a child in foster care
``Sec. 478. Not later than 180 days after the date of the enactment
of this section, the Secretary shall develop a model procedure to be
used by any State with a plan approved under this part which ensures
that reasonable efforts will be made prior to the placement of a child
in foster care to give notice to a relative (including a maternal or
fraternal grandparent, adult sibling, aunt, or uncle) who might be
available to care for the child.''.
(b) State Option to Establish Model Procedure.--Subsection (a) of
section 471 of the Social Security Act (42 U.S.C. 671) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(18) at the option of the State, provides that the State
agency will establish the procedure developed by the Secretary
under section 478 or an alternate procedure for notifying
relatives prior to the placement of a child in foster care.''.
(c) Effective Date.--The amendments made by this section shall be
effective on the date of the enactment of this Act.
SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS.
(a) Development of Model Standards.--If, within 1-year after the
date of the enactment of this section, the National Association of
Insurance Commissioners has not developed model standards for the
coverage of dependents under health insurance policies, the Secretary
of Health and Human Services (hereafter in this section referred to as
the ``Secretary''), shall develop such standards not later than 180
days after the end of such 1-year period.
(b) Distribution of Model Standards.--If the Secretary develops
model standards under subsection (a), the Secretary shall distribute
such standards to the commissioner of insurance, or any similar
official, of each State.
SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR
GRANDCHILDREN.
(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Commerce (hereafter in this
section referred to as the ``Secretary''), in carrying out the
provisions of section 141 of title 13, United States Code, shall expand
the data collection efforts of the Bureau of the Census (hereafter in
this section referred to as the ``Bureau'') to enable the Bureau to
collect statistically significant data, in connection with its
decennial census and its mid-decade census, concerning the growing
trend of grandparents who are the primary caregivers for their
grandchildren.
(b) Expanded Census Question.--In carrying out the provisions of
subsection (a), the Secretary shall expand the Bureau's census question
that details households which include both grandparents and their
grandchildren. The expanded question shall be formulated to distinguish
between the following households:
(1) a household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months during
periods of parental distress; and
(2) a household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.
SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL
RESOURCE CENTER FOR GRANDPARENTS.
(a) In General.--Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended by adding at the end the following:
``(f)(1) The Commissioner shall make grants to, or enter into
contracts with, one eligible entity to establish and operate the
National Resource Center for Grandparents (referred to in this
subsection as the `Center') to serve as a central source of information
and assistance to older individuals who--
``(A) raise their grandchildren;
``(B) encounter problems obtaining access to their
grandchildren for purposes of visitation; or
``(C) need financial, legal, emotional, or informational
assistance regarding their relationship with their
grandchildren.
``(2) The Center shall--
``(A) be staffed by employees and volunteers, including
such older individuals;
``(B) provide a toll-free telephone number to increase
access to the information and assistance available from the
Center;
``(C) collect and make available to such older individuals
information regarding programs, projects, and activities of
public and private entities (including governmental entities)
relating to the matters described in subparagraphs (A), (B),
and (C) of paragraph (1), including information on State law
regarding grandparent visitation and Federal assistance
available to such older individuals; and
``(D) refer individual grandparents to public and private
entities that provide information or assistance regarding the
rearing of grandchildren, including information regarding the
prevention of drug abuse and the promotion of good health and
nutrition.
``(3) For purposes of this subsection, the term `eligible entity'
means a nonprofit private organization with a demonstrated record of
experience in representing the concerns of older individuals with
respect to their relationship to their grandchildren.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act. | Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent.
Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care.
Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies.
Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren.
Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren. | {"src": "billsum_train", "title": "Grandparents Raising Grandchildren Assistance Act of 1993"} | 2,039 | 345 | 0.547911 | 1.743355 | 0.766954 | 3.736667 | 6.06 | 0.903333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brigadier General Francis Marion
Memorial Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Brigadier General Francis Marion--
(A) was born in 1732 in St. John's Parish, Berkeley
County, South Carolina; and
(B) married Mary Esther Videau on April 20, 1786;
(2) the Marions had no children, but raised as their own
child a son of a relative, who was given Francis Marion's name;
(3) Marion commanded the Williamsburg Militia Revolutionary
Force in South Carolina and was instrumental in delaying the
advance of British forces by leading his troops in disrupting
supply lines;
(4) Marion's tactics, which were unheard of in rules of
warfare at the time, included lightning raids on British
convoys, after which Marion and his forces would retreat into
the swamps to avoid capture;
(5) the legend of ``Swamp Fox'' was born when British
Lieutenant Colonel Tarleton stated, in reference to Marion,
that ``as for this damned old swamp fox, the devil himself
could not catch him'';
(6) Marion's victory at the Battle of Eutaw Springs in
September of 1781 was officially recognized by Congress;
(7) Marion's troops, which were composed of whites, blacks,
both free and slave, and Native Americans, are believed to be
the first racially integrated force fighting for the United
States;
(8) as a statesman, Marion represented his parish in the
South Carolina senate and the State of South Carolina at the
Constitutional Convention;
(9) although Congress has authorized the establishment of
commemorative works on Federal land in the District of Columbia
honoring such celebrated Americans as George Washington, Thomas
Jefferson, and Abraham Lincoln, there is no comparable memorial
to Brigadier General Francis Marion commemorating Marion's
bravery and leadership during the Revolutionary War, without
which the United States would not exist;
(10) Brigadier General Marion's legacy must live on;
(11) since 1878, United States Reservation 18 has been
officially referred to as Marion Park;
(12) located between 4th and 6th Streets, S.E., at the
intersection of E Street and South Carolina Avenue, S.E., in
Washington, DC, Marion Park lacks a formal commemoration to
this South Carolina hero who was important to the initiation of
the heritage of the United States;
(13) the time has come to correct this oversight so that
future generations of Americans will know and understand the
preeminent historical and lasting significance to the Nation of
Marion's contributions; and
(14) Marion, a South Carolina hero, deserves to be given
proper recognition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemorative work.--The term ``commemorative work''
has the meaning given the term in section 8902(a) of title 40,
United States Code.
(2) Committee.--The term ``Committee'' means the Committee
of the Palmetto Conservation Foundation.
(3) The district of columbia and its environs.--The term
``the District of Columbia and its environs'' has the meaning
given the term in section 8902(a) of title 40, United States
Code.
(4) Project.--The term ``Project'' means the Marion Park
Project.
SEC. 4. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION
AND HIS FAMILY.
(a) Authority to Establish Commemorative Work.--The Project and
Committee may jointly establish a commemorative work on Federal land in
the District of Columbia and its environs to honor the service of
Brigadier General Francis Marion to the United States.
(b) Compliance With Standards for Commemorative Works.--The
commemorative work authorized under subsection (a) shall be established
in accordance with chapter 89 of title 40, United States Code.
(c) Funds for Commemorative Work.--
(1) In general.--The Project and Committee shall be solely
responsible for acceptance of contributions for, and payment of
the expenses of, the establishment of the commemorative work
authorized under subsection (a).
(2) Use of federal funds prohibited.--No Federal funds
shall be used to pay any expense of the establishment of the
commemorative work authorized under subsection (a).
(3) Deposit of excess funds.--The Project and the Committee
shall transmit to the Secretary of the Treasury for deposit in
the account provided for in section 8906(b)(1) of title 40,
United States Code--
(A) any funds that remain for the commemorative
work authorized under subsection (a) after payment of
all expenses incurred in the establishment of the
commemorative work (including payment of the amount for
maintenance and preservation required under section
8906(b) of that title); or
(B) any funds that remain for the commemorative
work authorized under subsection (a) on expiration of
the authority for the commemorative work under section
8903(e) of that title. | Brigadier General Francis Marion Memorial Act of 2007 - Authorizes the Marion Park Project and Committee of the Palmetto Conservation Foundation to jointly establish a commemorative work on federal land in the District of Columbia and its environs to honor the service of Brigadier General Francis Marion to the United States. Prohibits the use of federal funds to pay any expense of its establishment. | {"src": "billsum_train", "title": "A bill to authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion."} | 1,122 | 85 | 0.457014 | 1.424814 | 0.885671 | 6.469697 | 15.272727 | 0.954545 |
SECTION 1. INADMISSIBILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING
DATABASE.
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (VIII), by striking ``or'' at the end;
(2) by redesignating subclause (IX) as subclause (X); and
(3) by inserting after subclause (VIII) the following:
``(IX) is identified in the
terrorist screening database (as such
term is defined in section 2101(10) of
the Homeland Security Act of 2002 (6
U.S.C. 621(10))), except for an alien
lawfully admitted for permanent
residence (as defined in section
101(a)(20)); or''.
SEC. 2. DEPORTABILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING
DATABASE.
Section 237(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(B)) is amended by inserting before the period at the
end the following ``, except that an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20)) is not
deportable for being described in subparagraph (B)(i)(IX) of section
212(a)(3)''.
SEC. 3. WAIVERS OF GROUND OF INADMISSIBILITY FOR ALIENS IDENTIFIED IN
TERRORIST SCREENING DATABASE.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in each of clauses (i) and (ii) of subparagraph (A), by
inserting ``and other than paragraph (3)(B)(i)(IX) of such
subsection except as provided in subparagraph (C)'' after ``of
such subsection'';
(2) in subparagraph (B)(i), by inserting ``, or who is
within the scope of subsection (a)(3)(B)(i)(IX) except as
provided in subparagraph (C),'' after ``(a)(3)(B)(i)(II) of
this section,''; and
(3) by adding at the end the following:
``(C)(i) Subject to clause (ii) and only on an individual case-by-
case basis, if the Secretary of Homeland Security determines in the
Secretary's unreviewable discretion that it is in the national security
interests of the United States, an alien--
``(I) may be granted a nonimmigrant visa and be admitted
into the United States temporarily as a nonimmigrant under
subparagraph (A)(i);
``(II) may be admitted into the United States temporarily
as a nonimmigrant under subparagraph (A)(ii); and
``(III) shall not be subject to subsection
(a)(3)(B)(i)(IX).
``(ii) The Secretary of Homeland Security may grant a waiver under
clause (i) with respect to an alien only with the unanimous concurrence
of the Attorney General, the Director of the Federal Bureau of
Investigation, the Director of National Intelligence, and the Secretary
of State.''.
SEC. 4. UNAVAILABILITY OF CERTAIN IMMIGRATION BENEFITS TO ALIENS
IDENTIFIED IN TERRORIST SCREENING DATABASE.
(a) Asylum.--Section 208(b)(2)(A)(v) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or
(VI)'' and inserting ``(VI), or (IX)''.
(b) Withholding of Removal.--Section 241(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in
the matter preceding clause (i), by inserting ``inadmissible under
section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as
a consequence of being described in section 212(a)(3)(B)(i)(IX), or''
after ``does not apply to an alien''.
(c) Cancellation of Removal.--
(1) Cancellation of removal for certain permanent
residents.--Section 240A(a) of the Immigration and Nationality
Act (8 U.S.C. 1229b(a)) is amended, in the matter preceding
paragraph (1), by striking ``inadmissible or deportable'' and
inserting ``inadmissible (except an alien who is inadmissible
under section 212(a)(3)(B)(i)(IX)) or deportable (except an
alien who is deportable under section 237(a)(4)(B) as a
consequence of being described in section
212(a)(3)(B)(i)(IX))''.
(2) Cancellation of removal for certain nonpermanent
residents.--Section 240A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(1)) is amended, in the
matter preceding subparagraph (A), by striking ``inadmissible
or deportable'' and inserting ``inadmissible (except an alien
who is inadmissible under section 212(a)(3)(B)(i)(IX)) or
deportable (except an alien who is deportable under section
237(a)(4)(B) as a consequence of being described in section
212(a)(3)(B)(i)(IX))''.
(d) Voluntary Departure.--Section 240B(c) of the Immigration and
Nationality Act (8 U.S.C. 1229c(c)) is amended to read as follows:
``(c) Aliens Ineligible.--The Secretary of Homeland Security shall
not permit an alien to depart voluntarily under this section if the
alien--
``(1) was previously permitted to so depart after having
been found inadmissible under section 212(a)(6)(A); or
``(2) is inadmissible under section 212(a)(3)(B)(i)(IX) or
deportable under section 237(a)(4)(B) as a consequence of being
described in section 212(a)(3)(B)(i)(IX).''.
(e) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(1) in subsection (c), by striking item (6) and inserting
``(6) an alien who is inadmissible under section
212(a)(3)(B)(i)(IX) or deportable under section
237(a)(4)(B);''; and
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``212(a)(3)(E),'' and inserting
``subparagraph (B)(i)(IX) or (E) of section 212(a)(3) or
section 237(a)(4)(B) as a consequence of being described in
section 212(a)(3)(B)(i)(IX),''.
(f) Registry.--Section 249 of the Immigration and Nationality Act
(8 U.S.C. 1259) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by striking ``inadmissible under section 212(a)(3)(E)
or under'' and inserting ``inadmissible under section
212(a)(3)(B)(i)(IX) or (E) or deportable from the United States
under section 237(a)(4)(B) as a consequence of being described
in section 212(a)(3)(B)(i)(IX) or under''.
(g) Convention Against Torture.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall revise the regulations found at sections 208.16 through 208.18 of
title 8, Code of Federal Regulations, implementing the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York on December 10,
1984. The revised regulations--
(1) shall exclude from the protection of such regulations
aliens described in section 212(a)(3)(B)(i)(IX) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX))
and make such aliens ineligible for withholding or deferral of
removal under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))); and
(2) shall ensure that the revised regulations operate so as
to allow for the reopening and readjudication of determinations
made under the regulations before the effective date of the
revision and apply to acts and conditions constituting grounds
of ineligibility for the protection of such regulations
(including ineligibility for withholding or deferral of
removal) as revised, regardless of when such acts or conditions
occurred.
SEC. 5. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR DEPORTABLE ON
SECURITY AND RELATED GROUNDS.
Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228)
is amended--
(1) in the section heading, by adding at the end the
following: ``or inadmissible or deportable on security or
related grounds'';
(2) by redesignating the subsections succeeding subsection
(b) as subsections (d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Removal of Aliens Who Are Not Permanent Residents and Who Are
Inadmissible or Deportable on Security or Related Grounds.--
``(1) In general.--The Secretary of Homeland Security, in
accordance with paragraph (3)--
``(A) notwithstanding section 240, in the case of
every alien described in paragraph (2), shall determine
the inadmissibility of such alien under section
212(a)(3)(B)(i)(IX) or the deportability of such alien
under section 237(a)(4)(B) as a consequence of being
described in section 212(a)(3)(B)(i)(IX) and issue an
order of removal pursuant to the procedures set forth
in this subsection to every such alien determined to be
inadmissible under section 212(a)(3)(B)(i)(IX) or
deportable under section 237(a)(4)(B) as a consequence
of being described in section 212(a)(3)(B)(i)(IX); and
``(B) in the case of an alien described in
paragraph (2) who is not issued an order under
subparagraph (A), may determine the inadmissibility of
such alien under section 212(a)(3)(B) (other than
subparagraph (B)(i)(IX)) or the deportability of such
alien under section 237(a)(4)(B) (other than as a
consequence of being described in section
212(a)(3)(B)(i)(IX)) and issue an order of removal
pursuant to the procedures set forth in this subsection
or section 240.
``(2) Aliens described.--An alien is described in this
paragraph if--
``(A) the alien has not been granted a waiver under
section 212(d)(3)(C); and
``(B) the alien--
``(i) was not lawfully admitted for
permanent residence at the time at which
proceedings under this subsection commenced; or
``(ii) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this
subsection commenced.
``(3) Expedited proceedings.--Proceedings under this
subsection shall be in accordance with such regulations as the
Secretary of Homeland Security shall prescribe. The Secretary
shall ensure that--
``(A) the alien is given reasonable notice of the
charges and of the opportunity described in
subparagraph (C);
``(B) the alien shall have the privilege of being
represented (at no expense to the government) by such
counsel, authorized to practice in such proceedings, as
the alien shall choose;
``(C) the alien has a reasonable opportunity to
inspect the evidence and rebut the charges;
``(D) a determination is made for the record that
the individual upon whom the notice for the proceeding
under this section is served (either in person or by
mail) is, in fact, the alien named in such notice;
``(E) a record is maintained for judicial review;
and
``(F) the final order of removal is not adjudicated
by the same person who issues the charges.
``(4) Judicial review.--The Secretary of Homeland Security
may not execute any order described in paragraph (1) until 14
calendar days have passed from the date that such order was
issued, unless waived by the alien, in order that the alien has
an opportunity to apply for judicial review under section 242.
``(5) Ineligibility for discretionary relief from
removal.--No alien adjudicated inadmissible or deportable in a
proceeding under this subsection shall be eligible for any
relief from removal that the Secretary of Homeland Security may
grant in the Secretary's discretion.''.
SEC. 6. EFFECTIVE DATE; APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and shall apply to all aliens
identified in the terrorist screening database (as such term is defined
in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C.
621(10))) on or after such date. | This bill amends the Immigration and Nationality Act (INA) to make an alien, other than a lawful permanent resident, who is identified in the terrorist screening database inadmissible or deportable on terrorist grounds. The Department of Homeland Security (DHS), with the unanimous concurrence of the Department of Justice, the Federal Bureau of Investigation, the Director of National Intelligence, and the Department of State, may grant an individual a national security waiver to enter the United States temporarily as a nonimmigrant. An identified alien shall be ineligible for asylum, withholding or cancellation of removal, voluntary departure, adjustment of status, or acquisition of legal permanent residency through the registry provisions. DHS shall revise specified regulations implementing the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment to: (1) exclude identified aliens from the protection of such regulations, and (2) make such aliens ineligible for withholding or deferral of removal under INA. The bill provides that, with respect to an alien who has not been granted a waiver under this bill and who either is not lawfully admitted for permanent residence or has been granted conditional resident status: (1) DHS shall determine inadmissibility or deportability and issue an order of removal for an identified alien; and (2) in the case of an alien not issued an order of removal, DHS may determine inadmissibility or deportability and issue an order of removal based upon terrorist activity. Such expedited proceedings shall include specified protections for the alien in removal. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to facilitate the removal of aliens identified in the terrorist screening database, and for other purposes."} | 3,349 | 344 | 0.484781 | 1.587038 | 0.655845 | 3.432056 | 8.324042 | 0.89547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Culture and
Language Training Act''.
SEC. 2. OFFICE OF IRREGULAR WARFARE, CULTURAL TRAINING, AND SOCIAL
SCIENCE INITIATIVES.
(a) Establishing the Assistant Secretary of Defense for Irregular
Warfare, Cultural Training, and Social Science Initiatives.--Section
138 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``ten'' and inserting
``eleven''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(6) One of the Assistant Secretaries shall be the
Assistant Secretary of Defense for Irregular Warfare, Cultural
Training, and Social Science Initiatives. He shall have as his
principal duty the overall supervision of the Office of
Irregular Warfare, Cultural Training, and Social Science
Initiatives.''.
(b) Establishment of the Office of Irregular Warfare, Cultural
Training, and Social Science Initiatives.--Chapter 101 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2016. Office of Irregular Warfare, Cultural Training, and Social
Science Initiatives
``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of Irregular Warfare, Cultural Training, and Social
Science Initiatives (hereinafter in this section referred to as the
`Office'). The Office shall be under the Assistant Secretary of Defense
for Irregular Warfare, Cultural Training, and Social Science
Initiatives.
``(b) Duties.--The Office shall--
``(1) devise and implement a training doctrine that
includes the development of cultural, sociological, and
psychological knowledge and skills for members of the armed
forces;
``(2) use existing cultural training programs and
structures in the armed forces to expand training efforts for
all military personnel;
``(3) devise measurable, empirical criteria for determining
the value and efficacy of each initiative and program of the
Office;
``(4) develop and maintain partnerships between the
Department of Defense and academic institutions, social science
professionals, and human science professionals to further the
mission of the Office;
``(5) serve as the clearinghouse within the Department of
Defense for knowledge in the human and social sciences;
``(6) develop products and studies on cultural awareness
training and education, educational training and science,
language science, and opinion shaping; and
``(7) disseminate human and social science knowledge to
members of the armed forces in the field in a useable,
standardized form.
``(c) Report.--Not later than one year after the date of the
enactment of this section, and every year thereafter, the Assistant
Secretary of Defense for Irregular Warfare, Cultural Training, and
Social Science Initiatives shall submit a report to Congress on the
implementation of this section.''.
SEC. 3. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS
AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN
LANGUAGES AND FOREIGN CULTURAL STUDIES.
(a) Eligibility for Skill Proficiency Bonus.--Subsection (b) of
section 353 of title 37, United States Code, is amended to read as
follows:
``(b) Skill Proficiency Bonus.--
``(1) Availability; eligible persons.--The Secretary
concerned may pay a proficiency bonus to a member of a regular
or reserve component of the uniformed services who--
``(A) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title or is enrolled in an officer training program;
and
``(B) is determined to have, and maintains,
certified proficiency under subsection (d) in a skill
designated as critical by the Secretary concerned or is
in training to acquire proficiency in a critical
foreign language or expertise in foreign cultural
studies or a related skill designated as critical by
the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--A
proficiency bonus may be paid under this subsection to a
student who is enrolled in the Senior Reserve Officers'
Training Corps program even though the student is in the first
year of the four-year course under the program. During the
period covered by the proficiency bonus, the student shall also
be entitled to a monthly subsistence allowance under section
209(c) of this title even though the student has not entered
into an agreement under section 2103a of title 10. However, if
the student receives incentive pay under subsection (g)(2) for
the same period, the student may receive only a single monthly
subsistence allowance under section 209(c) of this title.''.
(b) Availability of Incentive Pay for Participation in Foreign
Language Education or Training Programs.--Such section is further
amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Foreign Language Studies in Officer Training Programs.--
``(1) Availability of incentive pay.--The Secretary
concerned may pay incentive pay to a person enrolled in an
officer training program to also participate in an education or
training program to acquire proficiency in a critical foreign
language or expertise in foreign cultural studies or a related
skill designated as critical by the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--Incentive
pay may be paid under this subsection to a student who is
enrolled in the Senior Reserve Officers' Training Corps program
even though the student is in the first year of the four-year
course under the program. While the student receives the
incentive pay, the student shall also be entitled to a monthly
subsistence allowance under section 209(c) of this title even
though the student has not entered into an agreement under
section 2103a of title 10. However, if the student receives a
proficiency bonus under subsection (b)(2) covering the same
month, the student may receive only a single monthly
subsistence allowance under section 209(c) of this title.
``(3) Critical foreign language defined.--In this section,
the term `critical foreign language' includes Arabic, Korean,
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
Russian, Portuguese, or other language designated as critical
by the Secretary concerned.''.
(c) Pilot Program for Foreign Language Proficiency Training for
Reserve Members.--
(1) Pilot program required.--The Secretary of Defense shall
conduct a pilot program to provide a skill proficiency bonus
under section 353(b) of title 37, United States Code, to a
member of a reserve component of the Armed Forces who is
entitled to compensation under section 206 of such title while
the member participates in an education or training program to
acquire proficiency in a critical foreign language or expertise
in foreign cultural studies or a related skill designated as
critical under such section 353.
(2) Duration of pilot program.--The Secretary shall conduct
the pilot program during the period beginning on October 1,
2008, and ending on December 31, 2013. Incentive pay may not be
provided under the pilot program after December 31, 2013.
(3) Reporting requirement.--Not later than March 31, 2012,
the Secretary shall submit to Congress a report containing the
results of the pilot program and the recommendations of the
Secretary regarding whether to continue or expand the pilot
program.
(d) Expedited Implementation.--Notwithstanding section 662 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a
military department may immediately implement the amendments made by
subsections (a) and (b) in order to ensure the prompt availability of
proficiency bonuses and incentive pay under section 553 of title 37,
United States Code, as amended by such subsections, for persons
enrolled in officer training programs. | National Security Culture and Language Training Act - Establishes an: (1) Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Sciences Initiatives; and (2) Office of Irregular Warfare, Cultural Training, and Social Sciences Initiatives. Requires the Office to, among other things: (1) devise and implement a training doctrine that includes the development of cultural, sociological, and psychological knowledge and skills for members of the Armed Forces; and (2) use existing military cultural training programs to expand training efforts for all military personnel.
Authorizes the Secretary of the military department concerned (Secretary concerned) to pay: (1) a skill proficiency bonus to a regular or reserve member in training to acquire proficiency in a foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned; and (2) incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire such proficiency.
Directs the Secretary of Defense to conduct a pilot program to provide a skill proficiency bonus to a member of the reserves receiving compensation for inactive-duty training while participating in an education or training program to acquire such proficiency. | {"src": "billsum_train", "title": "To amend titles 10 and 37, United States Code, to create the position of Assistant Secretary of Defense for Irregular Warfare, Cultural Training, and Social Science Initiatives and to authorize a new skill incentive pay and proficiency bonus to encourage members of the Armed Forces to train in critical foreign languages and foreign cultural studies."} | 1,820 | 261 | 0.687189 | 2.013165 | 0.909467 | 5.274678 | 7.034335 | 0.957082 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``AMT Rate Reduction
Act of 2001''.
(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 this Act 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. REDUCTION IN MARGINAL INCOME TAX RATES FOR INDIVIDUALS.
(a) Rates for 2002.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (d) 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 $12,000...............
14% of taxable income.
Over $12,000 but not over
$45,200.
$1,680, plus 15% of the excess
over $12,000.
Over $45,200 but not over
$109,250.
$6,660, plus 27% of the excess
over $45,200.
Over $109,250 but not over
$166,450.
$23,953.50, plus 30% of the
excess over $109,250.
Over $166,450 but not over
$297,300.
$41,113.50, plus 35% of the
excess over $166,450.
Over $297,300..................
$86,911, plus 38% of the excess
over $297,300.
``(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 $10,000...............
14% of taxable income.
Over $10,000 but not over
$36,250.
$1,400, plus 15% of the excess
over $10,000.
Over $36,250 but not over
$93,600.
$5,337.50, plus 27% of the
excess over $36,250.
Over $93,600 but not over
$151,600.
$20,822, plus 30% of the excess
over $93,600.
Over $151,600 but not over
$297,300.
$38,222, plus 35% of the excess
over $151,600.
Over $297,300..................
$89,217, plus 38% of the excess
over $297,300.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $6,000................
14% of taxable income.
Over $6,000 but not over
$27,050.
$840, plus 15% of the excess
over $6,000.
Over $27,050 but not over
$65,550.
$3,997.50, plus 27% of the
excess over $27,050.
Over $65,550 but not over
$136,750.
$14,362.50, plus 30% of the
excess over $65,550.
Over $136,750 but not over
$297,300.
$35,752.50, plus 35% of the
excess over $136,750.
Over $297,300..................
$91,945, plus 38% of the excess
over $297,300.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $6,000................
14% of taxable income.
Over $6,000 but not over
$22,600.
$840, plus 15% of the excess
over $6,000.
Over $22,600 but not over
$54,625.
$3,330, plus 27% of the excess
over $22,600.
Over $54,625 but not over
$83,225.
$11,976.75, plus 30% of the
excess over $54,625.
Over $83,225 but not over
$148,650.
$20,556.75, plus 35% of the
excess over $83,225.
Over $148,650..................
$43,455.50, plus 38% of the
excess over
$148,650.''.
(b) Phasein of Rate Reductions.--Section 1 is amended by adding at
the end the following new subsection:
``(i) Phasein of 2006 Rates of 10, 15, 25, and 33 Percent.--
``(1) In general.--In the case of taxable years beginning
in a calendar year after 2002, the tax rates determined under
subsection (a), (b), (c), or (d) shall be the tax rates imposed
by such subsection in taxable years beginning in calendar year
2002, reduced--
``(A) in the case of the 14 percent rate, by 1
percentage point in each taxable year beginning in a
calendar year after 2002 and before 2007,
``(B) in the case of the 27 and 35 percent rates,
by 1 percentage point in taxable years beginning in
calendar year 2004, and by an additional 1 percentage
point in taxable years beginning in calendar year 2006,
and
``(C) in the case of the 30 and 38 percent rate, by
1 percentage point in each taxable year beginning in a
calendar year after 2002 and before 2006, and by an
additional 2 percentage points in taxable years
beginning in calendar year 2006.
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out the
reductions under this subsection.''.
(c) Inflation Adjustment To Apply in Determining Rates for 2002.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``2001'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``2000'', and
(3) by striking paragraph (7) and inserting the following
new paragraph:
``(7) Special rule for certain brackets.--
``(A) Calendar years 2002 through 2006.--In
prescribing the tables under paragraph (1) which apply
with respect to taxable years beginning in calendar
years after 2001 and before 2007, the Secretary shall
make no adjustment to the dollar amounts at which the
first rate bracket begins or at which the second rate
bracket begins under any table contained in subsection
(a), (b), (c), or (d).
``(B) Later calendar years.--In prescribing the
tables under paragraph (1) which apply with respect to
taxable years beginning in a calendar year after 2006,
the cost-of-living adjustment used in making
adjustments to the dollar amounts referred to in
subparagraph (A) shall be determined under paragraph
(3) by substituting `2005' for `2000'.''.
(d) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``2000'' each place it appears:
(A) Section 32(j)(1)(B).
(B) Section 41(e)(5)(C).
(C) Section 42(h)(3)(H)(i)(II).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 132(f)(6)(A)(ii).
(H) Section 135(b)(2)(B)(ii).
(I) Section 146(d)(2)(B).
(J) Section 151(d)(4).
(K) Section 220(g)(2).
(L) Section 221(g)(1)(B).
(M) Section 512(d)(2)(B).
(N) Section 513(h)(2)(C)(ii).
(O) Section 685(c)(3)(B).
(P) Section 877(a)(2).
(Q) Section 911(b)(2)(D)(ii)(II).
(R) Section 2032A(a)(3)(B).
(S) Section 2503(b)(2)(B).
(T) Section 2631(c)(2).
(U) Section 4001(e)(1)(B).
(V) Section 4261(e)(4)(A)(ii).
(W) Section 6039F(d).
(X) Section 6323(i)(4)(B).
(Y) Section 6334(g)(1)(B).
(Z) Section 6601(j)(3)(B).
(AA) Section 7430(c)(1).
(2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each
amended by striking ``begins,'' and all that follows through
``thereof''.
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``2000''.
(e) Additional Conforming Amendments.--
(1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15
percent'' and inserting ``10 percent''.
(2) Section 1(h) is amended--
(A) by striking ``28 percent'' both places it
appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and
inserting ``15 percent'', and
(B) by striking paragraph (13).
(3) Section 531 is amended by striking ``39.6 percent'' and
inserting ``33 percent''.
(4) Section 541 of such Code is amended by striking ``39.6
percent'' and inserting ``33 percent''.
(5) Section 3402(p)(1)(B) is amended by striking ``7, 15,
28, or 31 percent'' and inserting ``5, 10, 15, or 25 percent''.
(6) Section 3402(p)(2) is amended by striking ``15
percent'' and inserting ``10 percent''.
(7) Section 3402(q)(1) is amended by striking ``28
percent'' and inserting ``15 percent''.
(8) Section 3402(r)(3) is amended by striking ``31
percent'' and inserting ``25 percent''.
(9) Section 3406(a)(1) is amended by striking ``31
percent'' and inserting ``25 percent''.
(10) The Secretary of the Treasury may prescribe
percentages which shall apply in lieu of the percentages
specified in the amendments made by this subsection in order to
coordinate those percentages with the percentages specified in the
tables prescribed under the last sentence of section 1(i)(1) of the
Internal Revenue Code of 1986, as added by this section.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Amendments to withholding provisions.--The amendments
made by paragraphs (5), (6), (7), (8), and (9) of subsection
(e) shall apply to amounts paid after December 31, 2001.
SEC. 3. REDUCTION IN ALTERNATIVE MINIMUM TAX RATES FOR INDIVIDUALS.
(a) In General.--Clause (i) of section 55(b)(1)(A) (defining
tentative minimum tax) is amended to read as follows:
``(i) In general.--In the case of a
taxpayer other than a corporation, the
tentative minimum tax for the taxable year is
25 percent of the taxable excess.''
(b) Phasein of Reduced Rate for Certain Taxpayers.--Subparagraph
(A) of section 55(b)(1) is amended by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting after
clause (ii) the following new clause:
``(iii) Phasein of reduced rate.--In the
case of so much of the taxable excess as
exceeds $175,000, clause (i) shall be applied
by substituting for `25 percent'--
``(I) 27 percent in the case of
taxable years beginning during 2002 or
2003, and
``(II) 26 percent in the case of
taxable years beginning during 2004 or
2005.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | AMT Rate Reduction Act of 2001 - Amends the Internal Revenue Code to provide for a reduction in tax rates for individuals for calendar year 2002, as well as further reductions through calendar year 2006.Provides for a reduction in the alternative minimum tax for individuals. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide individual income tax rate reductions."} | 3,040 | 59 | 0.389258 | 0.942455 | 0.161397 | 2.12766 | 55.212766 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aboveground Petroleum Storage Tank
Consolidation and Regulatory Improvement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) improvement of Federal regulation of aboveground
storage tanks will lead to greater prevention and containment
of releases from aboveground storage tanks and improvement of
the environment;
(2) the Administrator of the Environmental Protection
Agency has not fully implemented any of the 7 recommendations
made in the 1989 report of the General Accounting Office on
inland oil spills;
(3) consolidation of Federal aboveground storage tank
provisions will lead to simplification of the regulatory
program and will allow the Administrator to eliminate
duplication and conflicting aboveground storage tank
regulations; and
(4) in order to promote environmental protection,
aboveground petroleum storage tank secondary containment
structures should meet a minimum permeability standard.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to promote protection of the environment;
(2) to streamline the offices in the Environmental
Protection Agency and other departments and agencies that
administer laws governing aboveground storage tanks and
underground storage tanks;
(3) to consolidate the laws governing aboveground storage
tanks and eliminate duplicative regulations; and
(4) to encourage release prevention and fire protection
measures in the operation of aboveground storage tanks.
SEC. 4. DEFINITIONS.
In this Act:
(1) Aboveground petroleum storage tank.--The term
``aboveground petroleum storage tank''--
(A) means an aboveground storage tank that--
(i) has a capacity of 42,000 gallons or
more; and
(ii) is or was at any time used to contain
any accumulation of a regulated petroleum
substance; but
(B) does not include an aboveground storage tank
that is used directly in the production of crude oil or
natural gas.
(2) Aboveground storage tank.--The term ``aboveground
storage tank''--
(A) means a stationary tank, including pipes, up to
the first first flange, connected to the stationary
tank within the facility in which the stationary tank
is located, that is or was at any time used to contain
an accumulation of a regulated substance, the volume of
which tank (including the volume of all piping within
the facility) is greater than 90 percent above ground;
and
(B) includes any tank that is capable of being
visually inspected; but
(C) does not include--
(i) a surface impoundment, pit, pond, or
lagoon;
(ii) a storm water or wastewater collection
system;
(iii) a flow-through process tank
(including a pressure vessel or process vessel
and oil and water separators);
(iv) an intermediate bulk container or
similar tank that may be moved within a
facility;
(v) a tank that is regulated under the
Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.);
(vi) a tank that is used for the storage of
products regulated under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(vii) a tank (including piping and
collection and treatment systems) that is used
in the management of leachate, methane gas, or
methane gas condensate, unless the tank is used
for storage of a regulated substance;
(viii) a tank that is used to store propane
gas;
(ix) any other tank excluded by the
Administrator by regulation issued under this
Act;
(x) a tank that is used to store a
fertilizer raw material, fertilizer
intermediate or fertilizer product; or
(xi) any pipe that is connected to a tank
or other facility described in this
subparagraph.
(3) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(4) Director.--The term ``Director'' means the Director of
the Office.
(5) Environmental law.--The term ``environmental law''
means 1 of the following statutes (and includes a regulation
issued under any such statute):
(A) The Clean Air Act (42 U.S.C. 7401 et seq.).
(B) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(D) The Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.).
(E) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(F) Any other statute administered by the
Administrator.
(6) Model fire code.--The term ``model fire code'' means--
(A) fire code 30 or 30-a issued by the National
Fire Protection Association;
(B) the fire code issued by the Uniform Fire Code
Institute;
(C) the fire code issued by the Southern Building
Code Congress International; or
(D) the fire code issued by the Building Offices
and Code Administrators International.
(7) Office.--The term ``Office'' means the Office of
Storage Tanks established by section 5(a).
(8) Petroleum.--The term ``petroleum'' means--
(A) crude oil; and
(B) any fraction of crude oil that is liquid at
standard conditions of temperature and pressure (60
degrees Fahrenheit and 14.7 pounds per square inch
absolute).
(9) Regulated petroleum substance.--The term ``regulated
petroleum substance'' means--
(A) petroleum; and
(B) a petroleum-based substance comprised of a
complex blend of hydrocarbons derived from crude oil
through processes of separation, conversion, upgrading
and finishing, such as a motor fuel, jet fuel,
distillate fuel oil, residual fuel oil, lubricant,
petroleum solvent, or used or waste oil.
(10) Regulated substance.--The term ``regulated substance''
means--
(A) a substance (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)), but not
including a substance that is regulated as a hazardous
waste under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.); and
(B) a regulated petroleum substance.
(11) Underground storage tank.--The term ``underground
storage tank'' has the meaning stated in section 9001 of the
Solid Waste Disposal Act (42 U.S.C. 6991).
SEC. 5. CONSOLIDATION OF OFFICES.
(a) Office of Storage Tanks.--
(1) Establishment.--The Office of Underground Storage Tanks
of the Environmental Protection Agency is redesignated and
established as the Office of Storage Tanks.
(2) Director.--The Office shall be headed by a Director
appointed by the Administrator.
(3) Functions.--The Director shall perform--
(A) the functions that were vested in the Director
of the Office of Underground Storage Tanks on the day
before the date of enactment of this Act; and
(B) the functions transferred to the Director (or
to the Administrator, acting through the Director) by
subsection (b).
(b) Transfers of Authority.--There are transferred to the Director
all of the authorities of the following officers of the Environmental
Protection Agency, insofar as the authorities relate to the regulation
of aboveground storage tanks and underground storage tanks under the
environmental laws:
(1) The Assistant Administrator for Air.
(2) The Assistant Administrator for Water.
(3) The Director of the Office of Emergency and Remedial
Response.
(4) Any other officer to whom the Administrator has
delegated authority.
(c) Memorandums of Understanding.--
(1) Secretary of labor.--The Administrator, acting through
the Director, shall enter into a Memorandum of Understanding
with the Secretary of Labor, acting through the Assistant
Secretary for Occupational Safety and Health, to clarify the
authorities of the Environmental Protection Agency and the
authorities of the Occupational Safety and Health
Administration, under the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.) and section 126 of the Superfund
Amendments and Reauthorization Act of 1986 (Public Law 99-499;
29 U.S.C. 655 note), with regard to the regulation of
aboveground storage tanks and underground storage tanks.
(2) Secretary of transportation.--The Administrator, acting
through the Director, shall enter into a Memorandum of
Understanding with the Secretary of Transportation, acting
through the Administrator for Research and Special Programs,
acting through the Associate Administrator for Pipeline Safety
and the Associate Administrator for Hazardous Materials
Technology, to clarify the authorities of the Environmental
Protection Agency and the authorities of the Secretary of
Transportation, under chapter 601 of title 49, United States
Code, relating to the regulation of aboveground storage tanks
and underground storage tanks.
SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.
(a) Restatement in Consolidated Form.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director, in consultation with the
States, shall evaluate all laws (including regulations)
administered by the Director and, after notice and opportunity
for public comment, issue a regulation that restates those laws
in consolidated form and streamlines, to the extent
practicable, the application of those laws to owners and
operators of aboveground storage tanks and underground storage
tanks.
(2) Intent of congress.--In directing the Director in
paragraph (1) to restate the laws in consolidated form, it is
not the intent of Congress to direct or authorize the Director
to modify the requirements of those laws in any way, except as
necessary or appropriate to eliminate any duplication or
inconsistencies or to reduce any unnecessary regulatory burdens
and except as provided in subsections (b), (c), and (d).
(b) Model Fire Codes.--The regulation under subsection (a) shall be
consistent with and adopt by reference the model fire codes, as in
effect on the date of enactment of this Act or as they may be amended.
(c) Releases.--
(1) Reporting requirements applicable to all aboveground
storage tanks.--The regulation under subsection (a) shall
require that an owner or operator of an aboveground storage
tank shall report a release of 42 gallons or more of a
regulated substance that occurs during a period of time
specified by the director, not to exceed 5 calendar days,
including a description of the corrective action taken in
response to the release, to the national response center
established under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), unless the release is required to be
reported, and is reported, under other Federal law.
(2) Orders applicable to aboveground petroleum storage
tanks.--After a release from an aboveground petroleum storage
tank containing a regulated substance that is determined to be
an imminent threat to human health, public safety, or the
environment, the Administrator may issue an order prohibiting
the use or operation of the aboveground petroleum storage tank
until the Administrator determines that--
(A) the prohibition is not necessary to protect
human health, public safety, or the environment; or
(B) adequate corrective action has been taken, in
accordance with the law regulating corrective action
that is in effect on the date on which the
determination is made.
(d) Correction of Deficiencies in the Law Applicable to Aboveground
Petroleum Storage Tanks.--
(1) Additional authority.--In addition to the authority
transferred to the Director by section 5(b), the Director shall
have authority to issue, and shall include in the regulation
under subsection (a), release detection, prevention, and
correction regulations applicable to owners and operators of
aboveground petroleum storage tanks, as necessary to protect
human health and the environment.
(2) Correction of deficiencies.--In conducting the
evaluation of laws and issuing the regulation under subsection
(a), the Director shall--
(A) determine whether there are any deficiencies in
the law applicable to aboveground petroleum storage
tanks on the day before the date of enactment of this
Act, specifically with reference to secondary
containment, overfill prevention, testing, inspection,
compatibility, installation, corrosion protection, and
structural integrity of aboveground petroleum storage
tanks; and
(B) if the Director determines that any such
deficiencies exist--
(i) examine industry standards that address
the deficiencies;
(ii) give substantial weight to industry
standards in formulating the regulations
required by paragraph (1); and
(iii) design the regulation in the most
cost-effective manner to address the
deficiencies.
(e) Correction of Deficiencies in the Law Applicable to Underground
Storage Tanks.--In conjunction with the evaluation of laws and issuing
the regulations under subsection (a), the Director shall provide that
the storage capacity of a facility does not include the capacity of
underground storage tanks that are currently subject to the
requirements of part 280 of title 40 of the Code of Federal Regulations
or the capacity of underground storage tanks that are permanently
closed in accordance with subpart G of such part 280.
(f) Enforcement.--
(1) In general.--The regulation under subsection (a) shall
make clear the statutory enforcement provisions and other
statutory provisions that apply to each provision of the
regulation.
(2) Additional authority.--Any provision of the regulation
under subsection (c) or (d) that implements authority conferred
by this Act in addition to authority under law in effect on the
day before the date of enactment of this Act shall be enforced
under and in accordance with the procedures stated in section
9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e).
SEC. 7. REPORTS.
(a) Interim Report.--Not later than 2 years after the date of
enactment of this Act, the Director shall submit to Congress a report
describing the progress made and any tentative conclusions drawn in the
evaluation process under section 6(a)(1).
(b) Final Report.--Simultaneously with the issuance of the
regulation under section 6(a)(1), the Director shall submit to Congress
a final report that--
(1) describes the evaluation made and the regulation issued
under section 6(a)(1); and
(2)(A) states the extent to which the regulation implements
the recommendations made in the 1989 report of the General
Accounting Office on inland oil spills and the 1995 report of
the General Accounting Office on the status of the
Environmental Protection Agency's efforts to improve the safety
of aboveground storage tanks; and
(B) to the extent that the consolidated regulation does not
implement the recommendations, describes the Director's plans
regarding the recommendations. | Aboveground Petroleum Storage Tank Consolidation and Regulatory Improvement Act - Redesignates the Office of Underground Storage Tanks of the Environmental Protection Agency (EPA) and establishes it as the Office of Storage Tanks (OST), to be headed by a Director. Transfers to OST authorities of other EPA officers under the environmental laws. Requires the Administrator, acting through the Director, to enter Memorandums of Understanding with the Secretaries of Labor and Transportation to clarify the authorities of EPA and the respective Secretaries under: (1) the Occupational Safety and Health Act of 1970 and worker protection standards provisions of the Superfund Amendments and Reauthorization Act of 1986; and (2) pipeline safety provisions.
Requires the Director, by regulation, to restate the laws he or she administers in consolidated form and streamline their application to owners and operators of aboveground and underground storage tanks. Expresses congressional intent that this direction is not intended to modify the laws' requirements. Imposes, as part of such regulations, a requirement that an owner or operator of an aboveground storage tank report to the national response center established under the Federal Water Pollution Control Act a release of a regulated substance (one regulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or petroleum or a petroleum substance) above a specified threshold, including a description of corrective action taken. Allows the EPA Administrator, after release from an aboveground storage tank of a regulated substance posing an imminent threat to human health, public safety, or the environment, to prohibit the use or operation of all or any portion of a storage tank farm within a facility in which the tank is located until the prohibition is no longer necessary or corrective action has been taken.
Authorizes the Director to include in the above regulations release detection, prevention, and correction regulations applicable to owners and operators of aboveground petroleum storage tanks. Requires the Director to determine if there are deficiencies in the law applicable to aboveground petroleum storage tanks and examine industry standards addressing the deficiencies, giving substantial weight to these in designing the regulations.
Requires the Director, in conjunction with the restatement of laws required by this Act, to provide that the storage capacity of a facility does not include the capacity of underground storage tanks that are: (1) currently subject to EPA regulations concerning technical standards and corrective action requirements; or (2) permanently closed under such regulations.
Establishes requirements for reports to the Congress. | {"src": "billsum_train", "title": "Aboveground Petroleum Storage Tank Consolidation and Regulatory Improvement Act"} | 3,249 | 530 | 0.656393 | 2.136953 | 0.669964 | 3.515021 | 6.401288 | 0.888412 |
OF IDENTITY THEFT DISPUTES.
The Commission shall require entities that receive disputes
regarding the unauthorized use of accounts of such entities from
consumers that have reason to believe that they are victims of identity
theft to conduct any necessary investigation and decide an outcome of a
claim within 90 days from the date on which all necessary information
to investigate the claim has been submitted to the entity.
SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE.
The Commission shall utilize the Identity Theft Clearinghouse to
permit consumers that have a reasonable belief that they are victims of
identity theft to submit any information relevant to such identity
theft to the Clearinghouse (including by means of an Identity Theft
Affidavit), so that such information may be transmitted by the
Clearinghouse to appropriate entities for necessary protective action
and to mitigate losses resulting from such identity theft.
SEC. 205. IMPROVED IDENTITY THEFT DATA.
(a) In General.--The Commission shall--
(1) establish a process to contact, not less than annually,
public and private entities that receive and process complaints
from consumers that have a reasonable belief that they are
victims of identity theft; and
(2) obtain accurate data on the incidences and nature of
complaints from such entities.
(b) Inclusion in Database.--Such information shall be made part of
the Commission's Identity Theft Clearinghouse database.
SEC. 206. CHANGE OF ADDRESS PROTECTIONS.
The Commission shall require appropriate entities to take
reasonable steps to verify the accuracy of a consumer's address,
including by confirming a consumer's change of address by sending a
confirmation of such change to the old and the new address of the
consumer.
SEC. 207. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE III--INTERNATIONAL PROVISIONS
SEC. 301. STUDY BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall conduct a study
and issue a report analyzing the impact on the interstate and foreign
commerce of the United States of information privacy laws, regulations,
or agreements enacted, promulgated, or adopted by other nations,
including regional or international agreements between nations, and
whether the enforcement mechanisms or procedures of those laws,
regulations, or agreements result in discriminatory treatment of United
States entities. The first report under this section shall be issued
not later than 120 days after the date of enactment of this Act and
subsequent reports shall be issued every 3 years thereafter.
SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF
COMMERCE.
If the Comptroller General of the United States finds, in the study
and report under section 301, that such information privacy laws,
regulations, or agreements substantially impede interstate and foreign
commerce of the United States and that the enforcement mechanisms or
procedures of the information privacy laws, regulations, or agreements
described in such subsection result in discriminatory treatment of
United States entities, the Secretary of Commerce shall, to the extent
permitted by law take all steps necessary to mitigate against such
discriminatory impact within 180 days after the report making such
findings is issued.
SEC. 303. EFFECT OF NONREMEDIATION.
(a) Recommendations.--If by the end of the 180-day period described
in section 302, the Secretary of Commerce has not attained complete
relief from the discriminatory impact described in such subsection, the
Secretary shall report to the Congress and the President
recommendations on action to relieve any such remaining discriminatory
impact.
(b) Federal Agency Action After Consideration by Congress.--During
the period after the Secretary reports recommendations under subsection
(a) for mitigation of discriminatory impact and before the Congress
acts with respect to such recommendations, no officer or employee of
any Federal agency may take or continue any action to enjoin, or impose
any penalty on, a United States entity, or a citizen or legal resident
of the United States, for the purpose of fulfilling an international
obligation of the United States under an international privacy
agreement (other than such an obligation under a ratified treaty) that
resulted in such discriminatory impact.
SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND
AGREEMENTS.
Beginning on the date of enactment of this Act, the Secretary of
Commerce shall provide notice of the provisions of this Act to other
nations, individually, or as members of international organizations or
unions that have enacted, promulgated, or adopted information privacy
laws, regulations, or agreements, and shall seek recognition of this
Act by such nations, organizations, or unions. The Secretary shall seek
the harmonization of this Act with such information privacy laws,
regulations, or agreements, to the extent such harmonization is
necessary for the advancement of transnational commerce, including
electronic commerce. | Consumer Privacy Protection Act of 2003 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change.
Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information.
Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization.
Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information.
Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process.
Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers.
Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact.
Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce. | {"src": "billsum_train", "title": "To protect and enhance consumer privacy, and for other purposes."} | 1,087 | 440 | 0.631032 | 2.192259 | 0.670544 | 2.11054 | 2.44473 | 0.748072 |
SECTION 1. PERCENTAGE LIMITATIONS ON CONTRIBUTIONS.
(a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of such
title is amended by striking ``10 percent of''.
(2) Justices and judges.--Subsection (b) of section 8440a
of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (7) as paragraphs (2) through
(6), respectively; and
(B) in paragraph (6) (as so redesignated by
subparagraph (A)) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (3) and (4)''.
(3) Bankruptcy judges and magistrates.--Subsection (b) of
section 8440b of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A), (B),
or (C)'' and inserting ``paragraph (3)(A), (B), or
(C)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(4) Court of federal claims judges.--Subsection (b) of
section 8440c of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A) or
(B)'' and inserting ``paragraph (3)(A) or (B)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(5) Judges of the united states court of veterans
appeals.--Paragraph (2) of section 8440d(b) of such title is
amended to read as follows:
``(2) For purposes of contributions made to the Thrift Savings
Fund, basic pay does not include any retired pay paid pursuant to
section 7296 of title 38.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section 8351(b)
of title 5, United States Code, is amended by striking ``5 percent
of''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Coordination with election periods.--The Executive
Director shall by regulation determine the first election
period in which elections may be made consistent with the
amendments made by this section.
(3) Definitions.--For purposes of this section--
(A) the term ``election period'' means a period
afforded under section 8432(b) of title 5, United
States Code; and
(B) the term ``Executive Director'' has the meaning
given such term by section 8401(13) of title 5, United
States Code.
SEC. 2. ELIGIBLE ROLLOVER DISTRIBUTIONS.
Section 8432 of title 5, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purpose of this subsection--
``(A) the term `eligible rollover distribution' has the
meaning given such term by section 402(c)(4) of the Internal
Revenue Code of 1986; and
``(B) the term `qualified trust' has the meaning given such
term by section 402(c)(8) of the Internal Revenue Code of 1986.
``(2) An employee or Member may contribute to the Thrift Savings
Fund an eligible rollover distribution from a qualified trust. A
contribution made under this subsection shall be made in the form
described in section 401(a)(31) of the Internal Revenue Code of 1986.
In the case of an eligible rollover distribution, the maximum amount
transferred to the Thrift Savings Fund shall not exceed the amount
which would otherwise have been included in the employee's or Member's
gross income for Federal income tax purposes.
``(3) The Executive Director shall prescribe regulations to carry
out this subsection.''.
SEC. 3. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN.
(a) Elimination of Certain Waiting Periods for Purposes of Employee
Contributions.--Paragraph (4) of section 8432(b) of title 5, United
States Code, is amended to read as follows:
``(4) The Executive Director shall prescribe such regulations as
may be necessary to carry out the following:
``(A) Notwithstanding subparagraph (A) of paragraph (2), an
employee or Member described in such subparagraph shall be
afforded a reasonable opportunity to first make an election
under this subsection beginning on the date of commencing
service or, if that is not administratively feasible, beginning
on the earliest date thereafter that such an election becomes
administratively feasible, as determined by the Executive
Director.
``(B) An employee or Member described in subparagraph (B)
of paragraph (2) shall be afforded a reasonable opportunity to
first make an election under this subsection (based on the
appointment or election described in such subparagraph)
beginning on the date of commencing service pursuant to such
appointment or election or, if that is not administratively
feasible, beginning on the earliest date thereafter that such
an election becomes administratively feasible, as determined by
the Executive Director.
``(C) Notwithstanding the preceding provisions of this
paragraph, contributions under paragraphs (1) and (2) of
subsection (c) shall not be payable with respect to any pay
period before the earliest pay period for which such
contributions would otherwise be allowable under this
subsection if this paragraph had not been enacted.
``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2),
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner
consistent with the purposes of subparagraphs (A) and (B), to
the extent those subparagraphs can be applied with respect
thereto.
``(E) Nothing in this paragraph shall affect paragraph
(3).''.
(b) Technical and Conforming Amendments.--(1) Section 8432(a) of
title 5, United States Code, is amended--
(A) in the first sentence by striking ``(b)(1)'' and
inserting ``(b)''; and
(B) by amending the second sentence to read as follows:
``Contributions under this subsection pursuant to such an
election shall, with respect to each pay period for which such
election remains in effect, be made in accordance with a
program of regular contributions provided in regulations
prescribed by the Executive Director.''.
(2) Section 8432(b)(1)(B) of such title is amended by inserting
``(or any election allowable by virtue of paragraph (4))'' after
``subparagraph (A)''.
(3) Section 8432(b)(3) of such title is amended by striking
``Notwithstanding paragraph (2)(A), an'' and inserting ``An''.
(4) Section 8432(i)(1)(B)(ii) of such title is amended by striking
``either elected to terminate individual contributions to the Thrift
Savings Fund within 2 months before commencing military service or''.
(5) Section 8439(a)(1) of such title is amended by inserting ``who
makes contributions or'' after ``for each individual'' and by striking
``section 8432(c)(1)'' and inserting ``section 8432''.
(6) Section 8439(c)(2) of such title is amended by adding at the
end the following: ``Nothing in this paragraph shall be considered to
limit the dissemination of information only to the times required under
the preceding sentence.''.
(7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended
by striking all after ``subject to'' and inserting ``this chapter.''.
(c) Effective Date.--This section shall take effect 6 months after
the date of the enactment of this Act or such earlier date as the
Executive Director (within the meaning of section 8401(13) of title 5,
United States Code) may by regulation prescribe. | Amends Federal civil service law with respect to the Civil Service Retirement System, the Federal Employees' Retirement System (FERS), and the Thrift Savings Plan (TSP) Program to: (1) repeal the limitations on individual TSP contributions, including those from judges and other specified personnel of the Federal judicial branch; (2) allow an employee or member under FERS to contribute to the Thrift Savings Fund an eligible rollover distribution from a qualified trust; and (3) eliminate certain waiting periods for purposes of making contributions to the Thrift Savings Fund. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to make the percentage limitations on individual contributions to the Thrift Savings Plan more consistent with the dollar amount limitation on elective deferrals, and for other purposes."} | 1,956 | 115 | 0.424821 | 1.057533 | 0.497403 | 2.660377 | 16.443396 | 0.773585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katie Sepich Enhanced DNA Collection
Act of 2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Minimum dna collection process.--The term ``minimum DNA
collection process'' means, with respect to a State, a process
under which the Combined DNA Index System (CODIS) of the
Federal Bureau of Investigation is searched at least 1 time
against samples from the following individuals who are at least
18 years of age:
(A) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of murder or voluntary manslaughter.
(B) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element involving a sexual act or sexual contact with
another and that is punishable by imprisonment for more
than 5 years.
(C) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element of kidnapping or abduction and that is
punishable by imprisonment for more than 5 years.
(2) Enhanced dna collection process.--The term ``enhanced
DNA collection process'' means, with respect to a State, a
process under which the State provides for the collection, for
purposes of inclusion in the Combined DNA Index System (CODIS)
of the Federal Bureau of Investigation, of DNA samples from the
following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of murder or voluntary manslaughter.
(B) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element involving a sexual act or sexual contact with
another and that is punishable by imprisonment for more
than 1 year.
(C) Individuals who are arrested for or charged
with a criminal offense under State law that has an
element of kidnapping or abduction and that is
punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of burglary punishable by imprisonment for more than 1
year.
(E) Individuals who are arrested for or charged
with a criminal offense under State law that consists
of aggravated assault punishable by imprisonment for
more than 1 year.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. INCENTIVE PAYMENTS FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED
DNA COLLECTION PROCESSES.
(a) Grants Authorized.--The Attorney General shall carry out a
grant program under which the Attorney General may make grants to
States for the purpose of assisting States with the costs associated
with the implementation of minimum or enhanced DNA collection
processes.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, in addition to any other requirements specified
by the Attorney General, a State shall submit to the Attorney
General an application that demonstrates that it has instituted
policies, protocols, or regulations requiring the
implementation of either a minimum or enhanced DNA collection
process.
(2) Other requirements.--The Attorney General may require a
State desiring a grant under this section to document, for
review by the Attorney General, the first year expenses
associated with a State's implementation or planned
implementation of a minimum or enhanced DNA collection process.
(c) Grant Allocation.--The amount available to a State under this
section shall be equivalent to the first-year costs to that State of
implementing a minimum or enhanced DNA collection process. The Attorney
General retains discretion to determine the amount of each such grant
awarded to an eligible State.
SEC. 4. BONUS PAYMENTS FOR STATES WHICH HAVE IMPLEMENTED AN ENHANCED
DNA COLLECTION PROCESS.
In the case of a State that has implemented an enhanced DNA
collection process and uses such process for a fiscal year, the State
shall be eligible to receive a bonus payment equivalent to the amount
available to such State under section 3.
SEC. 5. CONDITIONS OF RECEIVING INCENTIVE AND BONUS PAYMENTS.
As a condition of receiving an incentive grant or bonus payment
under sections 3 or 4, a State shall have a procedure in place to--
(1) provide written notification of expungement provisions
and instructions for requesting expungement to all persons who
submit a DNA sample for inclusion in the index;
(2) provide the eligibility criteria for expungement and
instructions for requesting expungement on an appropriate
public website; and
(3) make a determination on all expungement requests not
later than 90 days after receipt and provide a written response
of the determination to the requesting party.
SEC. 6. EXPUNGEMENT OF PROFILES.
The expungement requirements under section 210304(d) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any
samples collected pursuant to this Act for purposes of inclusion in the
Combined DNA Index System (CODIS) of the Federal Bureau of
Investigation.
SEC. 7. REPORTS.
The Attorney General shall submit to the Committee of the Judiciary
of the House of Representatives and the Committee of the Judiciary of
the Senate an annual report (which shall be made publicly available)
that--
(1) lists the States, for the year involved--
(A) which have (and those States which have not)
implemented a minimum DNA collection process and use
such process; and
(B) which have (and those States which have not)
implemented an enhanced DNA collection process and use
such process; and
(2) includes statistics, with respect to the year involved,
regarding the benefits to law enforcement resulting from the
implementation of minimum and enhanced DNA collection
processes, including the number of matches made due to the
inclusion of arrestee profiles under such a process.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for each of the fiscal years 2012
through 2016. | Katie Sepich Enhanced DNA Collection Act of 2010 - Directs the Attorney General to make grants to assist states with costs associated with the implementation of minimum or enhanced DNA collection processes. Defines such processes for the purpose of this Act. Awards bonus payments to states that have implemented and used an enhanced DNA collection process. | {"src": "billsum_train", "title": "A bill to authorize the Attorney General to award grants for States to implement minimum and enhanced DNA collection processes."} | 1,395 | 66 | 0.498124 | 1.289968 | 0.567076 | 3.525424 | 21.372881 | 0.915254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Asset Seizure Reform Act
of 2016''.
SEC. 2. CONFISCATION OF ASSETS.
(a) Confiscation of Interest.--
(1) Initial confiscation.--As soon as practicable after the
date of the enactment of this Act, but in no case later than 18
months after the date of the enactment of this Act, the
Secretary shall require each financial institution to transfer
to the Secretary all amounts of interest paid by such financial
institution on frozen bank accounts.
(2) Ongoing confiscation.--One year after the initial
confiscation under paragraph (1), and annually thereafter, the
Secretary shall require each financial institution to transfer
to the Secretary all amounts of interest paid by such financial
institution on frozen bank accounts in the previous year.
(3) Interest deposited into confiscated assets fund.--The
Secretary shall deposit all amounts received under this
subsection into the Confiscated Assets Fund.
(4) Rule of construction.--Paragraphs (1) and (2) shall
only apply to interest paid on an account after the account
became a frozen bank account.
(b) Confiscations Related to Non-State Terrorism.--
(1) Special rule for confiscations related to non-state
terrorism.--
(A) In general.--With respect to a frozen asset of
a person described in subparagraph (B)--
(i) at the time such asset is frozen or
otherwise blocked, or within 6 months of the
date of the enactment of this Act with respect
to an asset frozen or otherwise blocked before
such date of enactment, the Secretary shall--
(I) publish public notice that the
asset is being frozen or otherwise
blocked; and
(II) provide the owner of the asset
and other interested parties with a 1-
year period to challenge such freezing
or blocking; and
(ii) if such asset remains frozen or
otherwise blocked after the 1-year period
described under clause (i)(II), the Secretary
shall require the financial institution holding
the frozen asset to transfer such asset to the
Secretary.
(B) Covered persons.--A person described in this
subparagraph is a person that is--
(i) designated as a foreign terrorist
organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C.
1189(a));
(ii) designated as a Specially Designated
Global Terrorist by the Department of the
Treasury under Executive Order 13224 (50 U.S.C.
1701); or
(iii) a specially designated terrorist, as
that term is defined in section 595.311 of
title 31, Code of Federal Regulations (or any
successor thereto).
(2) Assets deposited into confiscated assets fund.--The
Secretary shall--
(A) deposit all money received under this
subsection into the Confiscated Assets Fund; and
(B) sell any non-monetary assets received under
this subsection and deposit the amounts received from
such sales into the Confiscated Assets Fund.
(c) Safe Harbor.--Compliance with this section and any regulation,
instruction, or direction issued pursuant to this section shall to the
extent thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same. No person shall be held
liable in any court for or with respect to anything done or omitted in
good faith in connection with the administration of, or pursuant to and
in reliance on, this section, or any regulation, instruction, or
direction issued pursuant to this section.
(d) Definitions.--For purposes of this section:
(1) Financial institution.--The term ``financial
institution'' has the meaning given that term under section
5312 of title 31, United States Code.
(2) Foreign person.--The term ``foreign person'' has the
meaning given that term under section 14 of the Iran Sanctions
Act of 1996 (50 U.S.C. 1701 note).
(3) Frozen asset.--The term ``frozen asset''--
(A) means an asset of a foreign person or foreign
country that has been frozen or otherwise blocked
pursuant to sanctions under any provision of United
States law, as determined by the Secretary; and
(B) does not include--
(i) any asset subject to the Vienna
Convention on Consular Relations (done at
Vienna, April 24, 1963); or
(ii) the blocked assets of a terrorist
party that are subject to execution and
attachment pursuant to section 201 of the
Terrorism Risk Insurance Act of 2002 (28 U.S.C.
1610 note).
(4) Frozen bank account.--The term ``frozen bank account''
means a deposit account maintained at a financial institution
that consists of frozen assets.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. CONFISCATED ASSETS FUND.
(a) Establishment.--The Secretary of the Treasury shall establish a
fund to be known as the ``Confiscated Assets Fund''.
(b) Use of Fund.--Amounts in the Confiscated Assets Fund shall be
made available to the Administrator of the Federal Emergency Management
Agency to provide grants under the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604).
SEC. 4. REPORTS TO CONGRESS.
(a) GAO Study and Report.--
(1) In general.--Not later than the end of the 6-month
period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall initiate a study
on how the Office of Foreign Assets Control of the Department
of the Treasury can better track frozen assets, manage data
relating to such frozen assets, and improve reporting to
Congress regarding frozen assets across all sanctions programs
administered by the Office of Foreign Assets Control.
(2) Report.--Upon the completion of the study required
under paragraph (1), the Comptroller General shall issue a
report to the Congress and the Office of Foreign Assets Control
of the Department of the Treasury containing--
(A) all findings and determinations made in
carrying out the study required under paragraph (1);
and
(B) such recommendations that the Comptroller
General may determine appropriate.
(b) Secretary of the Treasury Report.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Attorney General, the Secretary of State,
and the heads of other appropriate Federal agencies, shall
issue an annual report to the Congress containing--
(A) comprehensive and detailed data regarding
frozen assets across all sanctions programs
administered by the Office of Foreign Assets Control,
including, with respect to each sanctions program for
the prior calendar year--
(i) tables that show changes in frozen
assets totals;
(ii) the total amount of frozen assets;
(iii) the total amount of frozen assets
that were unblocked;
(iv) how many licenses were issued;
(v) how many names were added to each list
of sanctioned persons; and
(vi) how many names were removed from each
list of sanctioned persons; and
(B) a detailed justification for each removal of a
name from a list of sanctioned persons under each
sanctions program for the prior calendar year.
(2) Classified annexes.--A report issued under paragraph
(1) may contain a classified annex when necessary.
(3) Consideration of gao study.--Before issuing a report
under paragraph (1), the Secretary of the Treasury shall review
any recommendations made by the Comptroller General in the
report issued under subsection (a)(2) and include in such
report any plans for addressing such recommendations.
(c) Definition.--In this section, the term ``frozen asset'' has the
meaning given that term in section 2(d) of this Act. | Terrorist Asset Seizure Reform Act of 2016 This bill directs the Department of the Treasury to require each financial institution to transfer annually to it all amounts of interest it has paid on certain frozen bank accounts, which shall be deposited into the Confiscated Assets Fund establish by this bill. With respect to certain frozen assets of a foreign terrorist organization or a specially designated terrorist, including a Specially Designated Global Terrorist, at the time an asset is frozen or otherwise blocked (or within six months of enactment of this bill for an asset already frozen or blocked) Treasury shall: publish a public notice that the asset is being frozen or otherwise blocked, and give the owner of the asset and other interested parties one year to challenge such freezing or blocking. If the asset remains frozen or otherwise blocked after a year, Treasury shall require the financial institution holding the frozen asset to transfer it to Treasury. Treasury shall: deposit all money received under such asset confiscation requirements into the Confiscated Assets Fund, and sell any non-monetary assets received under the bill and deposit the proceeds into the Fund. Treasury shall establish the Confiscated Assets Fund, which shall be made available to the Federal Emergency Management Agency (FEMA) to make grants under the Urban Area Security Initiative (for assisting high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism). The Government Accountability Office shall study how Treasury's Office of Foreign Assets Control can better track frozen assets, manage data related to them, and improve reporting to Congress about them across all sanctions programs the Office of Foreign Assets Control administers. | {"src": "billsum_train", "title": "Terrorist Asset Seizure Reform Act of 2016"} | 1,745 | 349 | 0.688483 | 2.329914 | 0.832565 | 2.974603 | 4.949206 | 0.860317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategic and Critical
Minerals Production Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies;
(2) the availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain;
(3) minerals and mineral materials are critical components
of every transportation, water, telecommunications, and energy
infrastructure project necessary to modernize the crumbling
infrastructure of the United States;
(4) the exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security, and general welfare of the United States;
(5) the United States has vast mineral resources but is
becoming increasingly dependent on foreign sources of mineral
resources, as demonstrated by the fact that--
(A) 25 years ago, the United States was dependent
on foreign sources for 45 nonfuel mineral materials, of
which--
(i) 8 were imported by the United States to
fulfill 100 percent of the requirements of the
United States for those nonfuel mineral
materials; and
(ii) 19 were imported by the United States
to fulfill greater than 50 percent of the
requirements of the United States for those
nonfuel mineral materials;
(B) by 2015 the import dependence of the United
States for nonfuel mineral materials increased from
dependence on the import of 45 nonfuel mineral
materials to dependence on the import of 47 nonfuel
mineral materials, of which--
(i) 19 were imported by the United States
to fulfill 100 percent of the requirements of
the United States for those nonfuel mineral
materials; and
(ii) 22 were imported by the United States
to fulfill greater than 50 percent of the
requirements of the United States for those
nonfuel mineral materials;
(C) according to the Department of Energy, the
United States imports greater than 50 percent of the 41
metals and minerals key to clean energy applications;
(D) the United States share of worldwide mineral
exploration dollars was 7 percent in 2015, down from 19
percent in the early 1990s;
(E) the 2014 Ranking of Countries for Mining
Investment, which ranks 25 major mining countries,
found that 7- to 10-year permitting delays are the most
significant risk to mining projects in the United
States; and
(F) in late 2016, the Government Accountability
Office found that--
(i) ``the Federal government's approach to
addressing critical materials supply issues has
not been consistent with selected key practices
for interagency collaboration, such as ensuring
that agencies' roles and responsibilities are
clearly defined''; and
(ii) ``the Federal critical materials
approach faces other limitations, including
data limitations and a focus on only a subset
of critical materials, a limited focus on
domestic production of critical materials, and
limited engagement with industry''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means--
(A) any agency, department, or other unit of
Federal, State, local, or tribal government; or
(B) an Alaska Native Corporation.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(3) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(4) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes--
(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
premining activities that requires an environmental
impact statement or similar analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(B) a plan of operations issued by--
(i) the Bureau of Land Management under
subpart 3809 of part 3800 of title 43, Code of
Federal Regulations (or successor regulations);
or
(ii) the Forest Service under subpart A of
part 228 of title 36, Code of Federal
Regulations (or successor regulations); and
(C) a permit issued under an authority described in
section 3503.13 of title 43, Code of Federal
regulations (or successor regulations).
(5) Project.--The term ``project'' means a project for
which the issuance of a permit is required to conduct
activities for, relating to, or incidental to mineral
exploration, mining, beneficiation, processing, or reclamation
activities--
(A) on a mining claim, millsite claim, or tunnel
site claim for any locatable mineral; or
(B) in conjunction with any Federal mineral (other
than coal and oil shale) that is leased under--
(i) the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.); or
(ii) section 402 of Reorganization Plan
Numbered 3 of 1946 (5 U.S.C. App.).
SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
(a) Definition of Strategic and Critical Minerals.--In this
section, the term ``strategic and critical minerals'' means minerals
that are necessary--
(1) for the national defense and national security
requirements;
(2) for the energy infrastructure of the United States,
including--
(A) pipelines;
(B) refining capacity;
(C) electrical power generation and transmission;
and
(D) renewable energy production;
(3) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and transportation
infrastructure; or
(4) for the economic security of, and balance of trade in,
the United States.
(b) Consideration of Certain Domestic Mines as Infrastructure
Projects.--A domestic mine that, as determined by the lead agency, will
provide strategic and critical minerals shall be considered to be an
infrastructure project, as described in Executive Order 13604 (5 U.S.C.
601 note; relating to improving performance of Federal permitting and
review of infrastructure projects).
SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency shall appoint a project lead
within the lead agency, who shall coordinate and consult with
cooperating agencies and any other agencies involved in the permitting
process, project proponents, and contractors to ensure that cooperating
agencies and other agencies involved in the permitting process, project
proponents, and contractors--
(1) minimize delays;
(2) set and adhere to timelines and schedules for
completion of the permitting process;
(3) set clear permitting goals; and
(4) track progress against those goals.
(b) Determination Under NEPA.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit, the requirements of that Act shall be considered to
have been procedurally and substantively satisfied if the lead
agency determines that any State or Federal agency acting under
State or Federal law has addressed or will address the
following factors:
(A) The environmental impact of the action to be
conducted under the permit.
(B) Possible adverse environmental effects of
actions under the permit.
(C) Possible alternatives to issuance of the
permit.
(D) The relationship between long- and short-term
uses of the local environment and the maintenance and
enhancement of long-term productivity.
(E) Any irreversible and irretrievable commitment
of resources that would be involved in the proposed
action.
(F) Whether public participation will occur during
the decisionmaking process for authorizing actions
under the permit.
(2) Written requirement.--In making a determination under
paragraph (1), not later than 90 days after receipt of an
application for the permit, the lead agency, in a written
record of decision, shall--
(A) explain the rationale used in reaching the
determination;
(B) state the facts in the record that are the
basis for the determination; and
(C) show that the facts in the record could allow a
reasonable person to reach the same determination as
the lead agency did.
(c) Coordination on Permitting Process.--
(1) In general.--The lead agency shall enhance government
coordination for the permitting process by--
(A) avoiding duplicative reviews;
(B) minimizing paperwork; and
(C) engaging other agencies and stakeholders early
in the process.
(2) Considerations.--In carrying out paragraph (1), the
lead agency shall consider--
(A) deferring to, and relying on, baseline data,
analyses, and reviews performed by State agencies with
jurisdiction over the proposed project; and
(B) to the maximum extent practicable, conducting
any consultations or reviews concurrently rather than
sequentially if the concurrent consultation or review
would expedite the process.
(3) Memorandum of agency agreement.--If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, State and
local governments, and other appropriate entities to accomplish
the coordination activities described in this subsection.
(d) Schedule for Permitting Process.--
(1) In general.--For any project for which the lead agency
cannot make the determination described subsection (b), at the
request of a project proponent, the lead agency, cooperating
agencies, and any other agencies involved with the mineral
exploration or mine permitting process shall enter into an
agreement with the project proponent that sets time limits for
each part of the permitting process, including--
(A) the decision on whether to prepare an
environmental impact statement or similar analysis
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(B) a determination of the scope of any
environmental impact statement or similar analysis
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(C) the scope of, and schedule for, the baseline
studies required to prepare an environmental impact
statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(D) preparation of any draft environmental impact
statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(E) preparation of a final environmental impact
statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(F) any consultations required under applicable
law;
(G) submission and review of any comments required
under applicable law;
(H) publication of any public notices required
under applicable law; and
(I) any final or interim decisions.
(2) Time limit for permitting process.--Except if extended
by mutual agreement of the project proponent and the lead
agency, the time period for the total review process described
in paragraph (1) shall not exceed 30 months.
(e) Limitation on Addressing Public Comments.--The lead agency
shall not be required to address any agency or public comments that
were not submitted--
(1) during a public comment period or consultation period
provided during the permitting process; or
(2) as otherwise required by law.
(f) Financial Assurance.--The lead agency shall determine the
amount of financial assurance required for reclamation of a mineral
exploration or mining site, on the condition that the financial
assurance shall cover the estimated cost if the lead agency were to
contract with a third party to reclaim the operations according to the
reclamation plan, including construction and maintenance costs for any
treatment facilities necessary to meet Federal, State, or tribal
environmental standards.
(g) Projects Within National Forests.--With respect to projects on
National Forest System land, the lead agency shall--
(1) exempt from the requirements of part 294 of title 36,
Code of Federal Regulations (or successor regulations)--
(A) all areas of identified mineral resources in
land use designations, other than nondevelopment land
use designations, in existence on the date of enactment
of this Act; and
(B) all additional routes and areas that the lead
agency determines necessary to facilitate the
construction, operation, maintenance, and restoration
of an area described in paragraph (1); and
(2) continue to apply the exemptions described in paragraph
(1) after the date on which approval of the minerals plan of
operations described in section 3(4)(B)(ii) for the National
Forest System land.
(h) Application to Existing Permit Applications.--
(1) In general.--This section applies to a mineral
exploration or mine permit for which an application was
submitted before the date of enactment of this Act if the
applicant for the permit submits a written request to the lead
agency for the permit.
(2) Implementation.--The lead agency shall begin
implementing this section with respect to an application
described in paragraph (1) not later than 30 days after the
date on which the lead agency receives the written request for
the permit.
SEC. 6. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Departmental Review.--Absent any extraordinary circumstances,
as determined by the Secretary of the Interior or the Secretary of
Agriculture, as applicable, and except as otherwise required by law,
the Secretary of the Interior or the Secretary of Agriculture, as
applicable, shall ensure that each Federal Register notice associated
with the issuance of a mineral exploration or mine permit and required
by law shall be--
(1) subject to any required reviews within the Department
of the Interior or the Department of Agriculture, as
applicable; and
(2) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of the
notice.
(b) Preparation.--The preparation of any Federal Register notice
described in subsection (a) shall be delegated to the organizational
level within the lead agency.
(c) Transmission.--All Federal Register notices described in
subsection (a) regarding official document availability, announcements
of meetings, or notices of intent to undertake an action shall
originate in, and be transmitted to the Federal Register from, the
office in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.
SEC. 7. SECRETARIAL ORDER NOT AFFECTED.
This Act shall not apply to any mineral described in Secretarial
Order 3324, issued by the Secretary of the Interior on December 3,
2012, in any area to which the order applies. | National Strategic and Critical Minerals Production Act This bill addresses the mine permitting process. Under the bill, projects that provide minerals vital to job creation, energy infrastructure, American economic competitiveness, and national security must be considered to be "infrastructure projects" as described in Executive Order 13604, entitled "Improving Performance of Federal Permitting and Review of Infrastructure Projects" dated March 22, 2012.This order directed federal agencies to significantly reduce the time required to make permitting and review decisions on infrastructure projects. The bill sets forth general requirements for an existing mineral exploration or mine permit application. The Bureau of Land Management (BLM)or the Forest Service shall appoint a project lead for the mine permitting process to coordinate with other agencies to ensure that the agencies: minimize delays, set and adhere to timelines for completion of the permitting process, set clear permitting goals, and track progress against goals. The requirements of the National Environmental Policy Act of 1969are satisfied if the BLM or the Forest Service determines that the agency issuing the permit will address specified factors, such as environmental impact, alternatives to issuance of the permit, or any irreversible and irretrievable commitment of resources that would be involved in the proposed action. The time period for completion of the mine permitting review process shall not exceed 30 months, except by mutual agreement. Projects on National Forest System land shall be exempt from regulations that prohibit timber tree cutting and road construction in areas without roads. The bill does not apply to oil, gas, and potash leasing and development within the designated potash areas of Eddy and Lea Counties, New Mexico. | {"src": "billsum_train", "title": "National Strategic and Critical Minerals Production Act"} | 3,193 | 352 | 0.381758 | 1.31275 | 0.705354 | 2.575251 | 10.247492 | 0.849498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cainaan Putuga Wendt Shock of Life
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nearly 95 percent of sudden cardiac arrest victims pass
away before ever reaching a hospital;
(2) according to the American Academy of Pediatrics,
approximately 2,000 people under the age of 25 die from sudden
cardiac arrest in the United States each year; and
(3) on average, one high school student dies of cardiac
arrest every three days.
SEC. 3. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS.
(a) Purposes.--The Secretary of Education shall carry out a program
under which the Secretary makes grants to local educational agencies,
to be used by the local educational agencies--
(1) to purchase automated external defibrillators for use
in eligible schools in the district of the local educational
agency; and
(2) to provide training to enable eligible schools in the
district of the local educational agency to meet the
requirements of subsection (e), but only if the automated
external defibrillators in use at such schools were acquired
through a grant under this Act.
(b) Grant Requirements.--To be eligible to receive a grant under
this Act, a local educational agency--
(1) shall submit an application to the Secretary at such
time, in such form, and containing such information as the
Secretary may require;
(2) shall, except as provided in subsections (c) and (d),
provide funds from non-Federal sources equal to not less than
25 percent of the amount of the grant for the purpose of
carrying out this Act; and
(3) shall fulfill the requirements of subsection (e).
(c) Private Secondary Schools.--A local educational agency may
require an eligible school described in section 5(1)(B) to provide some
or all of the funds required under subsection (b)(2) of this section.
(d) Waiver.--The Secretary shall waive the requirement of
subsection (b)(2) for a local educational agency if the number of
children from families below the poverty level as counted under section
1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number of
children aged 5 to 17, inclusive, in the school district of the local
educational agency.
(e) Requirements for Eligible Schools.--A local educational agency
shall demonstrate to the Secretary that, for each eligible school at
which automated external defibrillators acquired under this Act are to
be used--
(1) there are at least 5 individuals at the eligible school
who--
(A) are employees or volunteers;
(B) are at least 18 years of age; and
(C) are certified, or will be certified, in the use
of automated external defibrillators, and in
cardiopulmonary resuscitation, through training
conducted by the American Heart Association, the
American Red Cross, the National Safety Council, or
another nationally recognized organization offering
similar training programs with comparable standards;
(2) the eligible school will ensure the continuing
availability of individuals described in paragraph (1);
(3) local paramedics and other emergency services personnel
are notified where on school grounds the automated external
defibrillators are to be located; and
(4) the automated external defibrillators will be
integrated into the school's emergency response plan or
procedures.
SEC. 4. PRIORITY.
In making grants under this Act, the Secretary shall give priority
to local educational agencies that have within their district eligible
schools--
(1) that do not already have an automated external
defibrillator on school grounds;
(2) at which a significant number of students, staff, and
visitors are present on school grounds during a typical day;
and
(3) with respect to which the average time required for
emergency medical services (as defined in section 330J(f) of
the Public Health Service Act (42 U.S.C. 254c-15(f))) to reach
the school is greater than the average time for emergency
medical services to reach other public facilities in the
community.
SEC. 5. DEFINITIONS.
In this Act:
(1) Eligible school.--The term ``eligible school'' means--
(A) any secondary school as defined by section 9101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); or
(B) any private secondary school that receives
services or benefits provided under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2014 through 2019. | Cainaan Putuga Wendt Shock of Life Act - Directs the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in public or private secondary schools within their district, and (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where a purchased AED is to be used are or will be certified in its use and in cardiopulmonary resuscitation (CPR).
Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures, and (2) emergency services personnel are notified of their locations.
Gives grant priority to LEAs that have secondary schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; and (3) generally have a longer wait for emergency medical services than other public facilities in the community. | {"src": "billsum_train", "title": "To establish a grant program for automated external defibrillators in schools."} | 1,104 | 215 | 0.582411 | 1.886554 | 0.863636 | 2.354167 | 5.25 | 0.864583 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State-Owned Entity Transparency and
Accountability Reform Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As Congress expressed when it enacted the Foreign
Sovereign Immunities Act of 1976 (Public Law 94-583; 90 Stat.
2891), under international law, foreign states are immune from
the jurisdiction of the courts of the United States and of the
States, subject to certain exceptions. One of these exceptions,
the ``commercial activity'' exception, generally subjects
foreign states to the jurisdiction of courts of the United
States in actions relating to a foreign state's commercial
activities.
(2) As the Supreme Court observed 7 years after Congress
enacted the Foreign Sovereign Immunities Act of 1976,
``increasingly . . . governments throughout the world have
established separately constituted legal entities to perform a
variety of tasks''. First National City Bank v. Banco Para El
Comercio Exterior de Cuba, 462 U.S. 611 (1983) (referred to in
this section as ``Bancec''). These state instrumentalities are
``typically established as . . . separate juridical entit[ies],
with powers to hold and sell property and to sue and be sued''.
Run by states as ``distinct economic enterpris[es]'', they
operate ``on an enterprise basis'' while enjoying ``a greater
degree of flexibility and independence from close political
control than is generally enjoyed by government agencies. These
same features frequently prompt governments in developing
countries to establish separate juridical entities as the
vehicles through which to obtain the financial resources needed
to make large-scale national investments''.
(3) Because government instrumentalities ``established as
juridical entities distinct and independent from their
sovereign should normally be treated as such'', courts have
accorded them ``a presumption of independent status'' for
purposes of assessing jurisdiction under the Foreign Sovereign
Immunities Act of 1976.
(4) However, the Supreme Court explained in Bancec that
courts have ``consistently refused to give effect to the
corporate form where it is interposed to defeat legislative
policies''. As a result, courts will refuse to presume an
instrumentality's independence from a foreign state if ``a
corporate entity is so extensively controlled by its owner that
a relationship of principal and agent is created'' or
respecting the corporate form ``would work fraud or
injustice''. Transamerica Leasing, Inc. v. La Republica de
Venezuela, 200 F.3d 843, 848-49 (D.C. Cir. 2000).
(5) As state instrumentalities have developed over time,
their corporate structure has commonly become more complex. In
many cases, the structure of state instrumentalities has also
become more opaque. At the same time, as a result of
globalization, such entities are increasingly involved in
commerce and trade involving companies and consumers of the
United States. The result is that companies and consumers of
the United States seeking to sue a foreign state-owned entity
under the ``commercial activity'' exception of the Foreign
Sovereign Immunities Act of 1976 may struggle to determine
which juridical entity--for example, which member or affiliate
of an instrumentality--to sue.
(6) As they have grown larger, more opaque, and more
involved in commercial activity with companies and consumers of
the United States, state instrumentalities have continued
aggressively to assert that they are immune to suit in courts
of the United States.
(7) In some cases, courts also have struggled to determine
the correct juridical entity subject to their jurisdiction
based on the ``commercial activity'' exception. In others,
courts have rejected claims against instrumentalities for
failure to show an intra-instrumentality alter ego
relationship.
(8) In light of the sometimes opaque structure of state
instrumentalities and their increasing interactions with
companies and consumers of the United States, it is necessary
to preserve potential claims of people of the United States
against such entities based on their commercial activities.
Therefore, for purposes of determining jurisdiction under the
``commercial activity'' exception to the Foreign Sovereign
Immunities Act of 1976 only, companies and consumers of the
United States should not be required to prove an alter ego
relationship between members of an instrumentality to establish
subject-matter jurisdiction, as follows.
SEC. 3. AMENDMENT.
Section 1603(d) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' before ``A''; and
(2) by adding at the end the following:
``(2) For purposes of section 1605(a)(2), a commercial activity of
an agency or instrumentality of a foreign state shall be attributable
to any corporate affiliate of the agency or instrumentality that--
``(A) directly or indirectly owns a majority of shares of
the agency or instrumentality; and
``(B) is also an agency or instrumentality of a foreign
state.''. | State-Owned Entity Transparency and Accountability Reform Act of 2016 This bill amends the federal judicial code to allow U.S. courts to hear cases against a foreign state's corporate affiliates under the exception to foreign sovereign immunity that subjects a foreign state's commercial activities to the jurisdiction of U.S. courts. In determining whether a U.S. court has jurisdiction to hear a case based on the commercial activity of a foreign state, a commercial activity of an agency or instrumentality of a foreign state is attributable to any corporate affiliate of the agency or instrumentality that: (1) directly or indirectly owns a majority of shares of the agency or instrumentality, and (2) is also an agency or instrumentality of a foreign state. | {"src": "billsum_train", "title": "State-Owned Entity Transparency and Accountability Reform Act of 2016"} | 1,105 | 170 | 0.507817 | 1.566478 | 0.761287 | 4.225564 | 7.699248 | 0.917293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay for Student Success Act''.
SEC. 2. AUTHORIZATION OF PAY-FOR-SUCCESS PROJECTS.
Part B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.) is amended--
(1) by redesignating section 745 as section 746; and
(2) by inserting after section 744 the following:
``SEC. 745. PAY-FOR-SUCCESS PROJECTS.
``(a) Definitions.--In this section:
``(1) Pay-for-success project.--The term `pay-for-success
project' refers to a performance-based contract under this
section in which--
``(A) the eligible entity pursues innovative
strategies for improving outcomes and conducts a
rigorous evaluation of the results to determine
effectiveness;
``(B) the Secretary and the eligible entity agree
to target outcomes;
``(C) the Federal Government imposes minimal
administrative requirements on the eligible entity to
allow for maximum flexibility to improve efficiency and
effectiveness; and
``(D) the eligible entry may receive additional
funding under this section if the eligible entity
achieves successful outcomes as demonstrated through a
rigorous independent evaluation approved by the
Director of the Institute of Education Sciences.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an institution of higher education;
``(B) a nonprofit organization;
``(C) a consortium composed of an institution of
higher education and a nonprofit organization; or
``(D) an entity described in subparagraph (A), (B),
or (C) in partnership with--
``(i) a local educational agency;
``(ii) a business;
``(iii) a State educational agency; or
``(iv) a State department of higher
education.
``(b) Pay-for-Success Projects Authorized.--From the amounts
appropriated under section 746, the Secretary shall enter into
contracts with eligible entities for pay-for-success projects that
develop, implement, evaluate, and promote innovative strategies for
increasing the postsecondary education retention and completion rates
of--
``(1) students who receive Federal Pell Grants; and
``(2) first-generation postsecondary students.
``(c) Application.--
``(1) In general.--An eligible entity desiring a contract
under this section shall submit to the Secretary an application
at such time and in such form as the Secretary may require.
``(2) Contents.--The application described in paragraph (1)
shall include--
``(A) a description of the eligible entity's
strategy for improving the retention and completion
rate, at one or more institutions of higher education,
for students who receive Federal Pell Grants or first-
generation postsecondary students;
``(B) an identification of the target population
for the pay-for-success project and of the target
outcomes to be achieved;
``(C) an identification of the independent entity
that will carry out a robust, rigorous evaluation
approved by the Director of the Institute of Education
Sciences to determine the effectiveness of the pay-for-
success project, and a description of the methodology
that the entity will use for this evaluation, including
the timeline for completion; and
``(D) the total cost of the pay-for-success project
and an assurance that the eligible entity will meet the
funding requirement described in subsection (d), and an
identification of the sources of the funding.
``(d) Project Funding.--
``(1) In general.--Each eligible entity receiving a
contract under this section shall demonstrate that the eligible
entity will provide for the project funds, in cash or through
in-kind contributions, from non-Federal sources in an amount
equal to 90 percent of the total cost of the pay-for-success
project.
``(2) Federal support.--The Secretary shall provide a grant
to each eligible entity receiving a contract under this section
in an amount equal to 10 percent of the total cost of the pay-
for-success project.
``(e) Pay-for-Success Payments.--
``(1) Additional funds available.--If, upon completion of a
pay-for-success project, the Secretary determines, based on the
results of the evaluation described in subsection (c)(2)(C),
that the pay-for-success project has demonstrated effectiveness
in a cost-effective manner and has met the target outcomes
described in subsection (c)(2)(B), the Secretary may use funds
available under this part to provide additional funds to
reimburse the eligible entity carrying out the pay-for-success
project for not more than 75 percent of the total cost of the
pay-for-success project identified in the application under
subsection (c)(2)(D).
``(2) Considerations.--In making the determination under
paragraph (1), the Secretary shall take into account the
strength and ambition of the target outcomes described in
subsection (c)(2)(B).
``(f) Dissemination of Evidence-Based Strategies.--The Director of
the Institute of Education Sciences shall broadly disseminate--
``(1) the evaluations conducted under the contracts under
subsection (b), including the data collected through the
evaluations;
``(2) successful and evidence-based strategies of eligible
entities carrying out pay-for-success projects; and
``(3) information, including project design and evaluation,
from such eligible entities regarding practices that were found
to be ineffective and, to the extent practicable, an
explanation of why.''. | Pay for Student Success Act This bill amends the Higher Education Act of 1965 to require the Department of Education (ED) to contract with eligible entities for pay-for-success projects that develop, implement, evaluate, and promote innovative strategies for increasing the postsecondary education retention and completion rates of students who receive Pell Grants and first-generation postsecondary students. Each entity that receives a contract must provide 90% of the project costs up front. ED may reimburse an entity for no more than 75% of the total project costs if ED determines, based on an independent evaluation, that the project is successful. | {"src": "billsum_train", "title": "Pay for Student Success Act"} | 1,289 | 135 | 0.645165 | 1.681221 | 0.657255 | 4.299145 | 10.059829 | 0.880342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Labor Union Slowdowns Act
of 2015'' or the ``PLUS Act''.
SEC. 2. DETERRING LABOR SLOWDOWNS.
(a) Amendments to the National Labor Relations Act.--The National
Labor Relations Act is amended--
(1) in section 1 (29 U.S.C. 151), by adding at the end the
following:
``International trade is one of the most important
components of the economy of the United States and will likely
continue to grow in the future. In order to remain competitive
in an increasingly competitive global economy, it is essential
that the United States possess a highly efficient and reliable
public and private transportation network. The ports of the
United States are an increasingly important part of such
transportation network. Experience has demonstrated that
frequent and periodic disruptions to commerce in the maritime
industry in the form of deliberate and unprotected labor
slowdowns at the ports of the United States have led to
substantial and frequent economic disruption and loss,
interfering with the free flow of domestic and international
commerce and threatening the economic health of the United
States, as well as its citizens and businesses. Such frequent
and periodic disruptions to commerce in the maritime industry
hurt the reputation of the United States in the global economy,
cause the ports of the United States to lose business, and
represent a serious and burgeoning threat to the financial
health and economic stability of the United States. It is
hereby declared to be the policy of the United States to
eliminate the causes and mitigate the effects of such
disruptions to commerce in the maritime industry and to provide
effective and prompt remedies to individuals injured by such
disruptions.'';
(2) in section 2 (29 U.S.C. 152), by adding at the end the
following:
``(15) The term `employee engaged in maritime employment'
has the meaning given the term `employee' in section 2(3) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
902(3)).
``(16) The term `labor slowdown'--
``(A) includes any intentional effort by employees
to reduce productivity or efficiency in the performance
of any duty of such employees; and
``(B) does not include any such effort required by
the good faith belief of such employees that an
abnormally dangerous condition exists at the place of
employment of such employees.'';
(3) in section 8(b) (29 U.S.C. 158(b)), by adding at the
end the following:
``(8) in representing, or seeking to represent, employees
engaged in maritime employment, to engage in a labor slowdown
at any time, including when a collective-bargaining agreement
is in effect.'';
(4) in section 9 (29 U.S.C. 159), by adding at the end the
following:
``(f) Effect of Labor Slowdowns.--If a labor organization has been
found, pursuant to a final order of the Board, to have violated section
8(b)(8), the Board shall--
``(1) revoke the exclusive recognition or certification of
the labor organization, which shall immediately cease to be
entitled to represent the employees in the bargaining unit of
such labor organization; or
``(2) take other appropriate disciplinary action.''; and
(5) in section 10(l) (29 U.S.C. 160(l)), in the first
sentence, by striking ``or section 8(b)(7)'' and inserting ``or
paragraph (7) or (8) of section 8(b)''.
(b) Amendment to the Labor Management Relations Act, 1947.--Section
303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187) is
amended--
(1) in subsection (a), by striking ``in section 8(b)(4)''
and inserting ``under paragraph (4) or (8) of section 8(b)'';
(2) in subsection (b), by inserting ``, including
reasonable attorney fees for a violation under section 8(b)(8)
of the National Labor Relations Act (29 U.S.C. 158(b)(8))''
before the period; and
(3) by adding at the end the following:
``(c) In an action for damages resulting from a violation of
section 8(b)(8) of the National Labor Relations Act (29 U.S.C.
158(b)(8)), it shall not be a defense that the injured party has, in
any manner, waived, or purported to waive, the right of such party to
pursue monetary damages relating to the labor slowdown at issue--
``(1) in connection with a contractual grievance alleging a
violation of a clause prohibiting a strike, or a similar
clause, in a collective-bargaining agreement; or
``(2) in connection with an action for a breach of such a
clause under section 301.''. | Preventing Labor Union Slowdowns Act of 2015 or the PLUS Act This bill amends the National Labor Relations Act and the Labor Management Relations Act, 1947 to make it an unlawful labor practice for a labor organization or its agents while representing, or seeking to represent, employees engaged in maritime employment to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect. In cases where a labor organization has committed a violation, the National Labor Relations Board shall: revoke the organization's exclusive recognition or certification to represent the employees in the bargaining unit, or take other appropriate disciplinary action. | {"src": "billsum_train", "title": "PLUS Act"} | 1,096 | 135 | 0.479313 | 1.415408 | 0.680796 | 4.59322 | 8.466102 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Equity Act of
2003''.
SEC. 2. AUTHORITY FOR QUALIFYING STATES TO USE SCHIP FUNDS FOR MEDICAID
EXPENDITURES.
Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is
amended by adding at the end the following:
``(g) Authority for Qualifying States To Use Certain Funds for
Medicaid Expenditures.--
``(1) State option.--
``(A) In general.--Notwithstanding any other
provision of law, with respect to fiscal years in which
allotments for a fiscal year under section 2104
(beginning with fiscal year 1998) are available under
subsections (e) and (g) of that section, a qualifying
State (as defined in paragraph (2)) may elect to use
such allotments (instead of for expenditures under this
title) for payments for such fiscal year under title
XIX in accordance with subparagraph (B).
``(B) Payments to states.--
``(i) In general.--In the case of a
qualifying State that has elected the option
described in subparagraph (A), subject to the
total amount of funds described with respect to
the State in subparagraph (A), the Secretary
shall pay the State an amount each quarter
equal to the additional amount that would have
been paid to the State under title XIX for
expenditures of the State for the fiscal year
described in clause (ii) if the enhanced FMAP
(as determined under subsection (b)) had been
substituted for the Federal medical assistance
percentage (as defined in section 1905(b)) of
such expenditures.
``(ii) Expenditures described.--For
purposes of clause (i), the expenditures
described in this clause are expenditures for
such fiscal years for providing medical
assistance under title XIX to individuals who
have not attained age 19 and whose family
income exceeds 133 percent of the poverty line.
``(iii) No impact on determination of
budget neutrality for waivers.--In the case of
a qualifying State that uses amounts paid under
this subsection for expenditures described in
clause (ii) that are incurred under a waiver
approved for the State, any budget neutrality
determinations with respect to such waiver
shall be determined without regard to such
amounts paid.
``(2) Qualifying state.--In this subsection, the term
`qualifying State' means a State that--
``(A) as of April 15, 1997, has an income
eligibility standard with respect to any 1 or more
categories of children (other than infants) who are
eligible for medical assistance under section
1902(a)(10)(A) or under a waiver under section 1115
implemented on January 1, 1994, that is up to 185
percent of the poverty line or above; and
``(B) satisfies the requirements described in
paragraph (3).
``(3) Requirements.--The requirements described in this
paragraph are the following:
``(A) SCHIP income eligibility.--The State has a
State child health plan that (whether implemented under
title XIX or this title)--
``(i) as of January 1, 2001, has an income
eligibility standard that is at least 200
percent of the poverty line or has an income
eligibility standard that exceeds 200 percent
of the poverty line under a waiver under
section 1115 that is based on a child's lack of
health insurance;
``(ii) subject to subparagraph (B), does
not limit the acceptance of applications for
children; and
``(iii) provides benefits to all children
in the State who apply for and meet eligibility
standards on a statewide basis.
``(B) No waiting list imposed.--With respect to
children whose family income is at or below 200 percent
of the poverty line, the State does not impose any
numerical limitation, waiting list, or similar
limitation on the eligibility of such children for
child health assistance under such State plan.
``(C) Additional requirements.--The State has
implemented at least 3 of the following policies and
procedures (relating to coverage of children under
title XIX and this title):
``(i) Uniform, simplified application
form.--With respect to children who are
eligible for medical assistance under section
1902(a)(10)(A), the State uses the same
uniform, simplified application form
(including, if applicable, permitting
application other than in person) for purposes
of establishing eligibility for benefits under
title XIX and this title.
``(ii) Elimination of asset test.--The
State does not apply any asset test for
eligibility under section 1902(l) or this title
with respect to children.
``(iii) Adoption of 12-month continuous
enrollment.--The State provides that
eligibility shall not be regularly redetermined
more often than once every year under this
title or for children described in section
1902(a)(10)(A).
``(iv) Same verification and
redetermination policies; automatic
reassessment of eligibility.--With respect to
children who are eligible for medical
assistance under section 1902(a)(10)(A), the
State provides for initial eligibility
determinations and redeterminations of
eligibility using the same verification
policies (including with respect to face-to-
face interviews), forms, and frequency as the
State uses for such purposes under this title,
and, as part of such redeterminations, provides
for the automatic reassessment of the
eligibility of such children for assistance
under title XIX and this title.
``(v) Outstationing enrollment staff.--The
State provides for the receipt and initial
processing of applications for benefits under
this title and for children under title XIX at
facilities defined as disproportionate share
hospitals under section 1923(a)(1)(A) and
Federally-qualified health centers described in
section 1905(l)(2)(B) consistent with section
1902(a)(55).''. | Children's Health Equity Act of 2003 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to grant authority for qualifying States to use SCHIP funds for Medicaid (SSA title XIX) expenditures. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to allow qualifying States to use allotments under the State children's health insurance program for expenditures under the medicaid program."} | 1,359 | 66 | 0.510358 | 1.153272 | 0.761559 | 3.979592 | 24.163265 | 0.877551 |
SECTION 1. CAREERS TO CLASSROOMS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part F;
(2) by redesignating sections 2401 and 2402 as sections
2601 and 2602, respectively; and
(3) by adding at the end the following:
``PART G--CAREERS TO CLASSROOMS
``SEC. 2401. CAREERS TO CLASSROOMS.
``(a) Definitions.--In this section:
``(1) Alternative certification program.--The term
`alternative certification program' means a State-approved
program that--
``(A) provides the education and training necessary
to enable an individual to be eligible for teacher
certification in the State within a reduced period of
time, compared to the time typically required to
receive such certification; and
``(B) relies upon an individual's experience,
expertise, academic qualifications, or other factors in
lieu of traditional course work for eligibility to
receive a degree in the field of education.
``(2) Eligible individual.--The term `eligible individual'
means an individual--
``(A) who has submitted an application described in
subsection (d) to be a certified teacher through a
State-approved alternative certification program in an
elementary school or secondary school;
``(B) who has an associate, baccalaureate, or
advanced degree from an accredited institution of
higher education;
``(C) who--
``(i) has substantial, demonstrable career
experience and competence in mathematics,
natural science, computer science, engineering,
foreign language or another field of expertise
determined by the State to be a field for which
there is a significant shortage of qualified
teachers and teacher applicants in that State;
or
``(ii) within 5 years of the date on which
the individual submits an application described
in subparagraph (A)--
``(I) has received a baccalaureate
or advanced degree from an accredited
institution of higher education in a
field of expertise described in clause
(i); and
``(II)(aa) has graduated with at
least a 3.0 grade point average (or
equivalent average on a different
scale) in the major or graduate program
for which the individual obtained the
degree;
``(bb) has graduated at least in
the top 50 percent of the individual's
undergraduate or graduate class;
``(cc) can demonstrate a high level
of competence through a high level of
academic performance in core academic
coursework and through successful
passage of academic subject tests
required by the State under its
alternative certification program; and
``(dd) meets any additional
academic or other standards or
qualifications established by the
State;
``(D) in the case of an individual receiving a
stipend under this section, who agrees to, in good
faith, seek employment and to consider offers of
employment in the individual's subject matter of
expertise in a high need elementary or secondary school
within that State; and
``(E) who meets any additional teacher
certification or other requirements that may be
established by the State.
``(3) High need elementary or secondary school.--The term
`high need elementary or secondary school' means a school--
``(A)(i) in which the percentage of students from
families below the Federal poverty level (as determined
by the Secretary) is 20 percent or more; and
``(ii) that the State determines has experienced a
significant period in which teacher vacancies have
remained unfilled due to greater than normal difficulty
in recruiting or retaining qualified teachers;
``(B) is within the top quartile of schools
statewide with regard to the number of unfilled,
available teacher positions; or
``(C) is located in an area, other than a
metropolitan statistical area, that the State
determines has a high percentage of students from low-
income families or is one that has experienced greater
than normal difficulty in recruiting or retaining
teachers.
``(b) Program Authorized.--The Secretary may award, on a
competitive basis, grants to States to enable such States to carry out
the following activities:
``(1) Teacher recruitment, education, training, referral,
placement, and retention activities to place eligible
individuals as certified teachers in public schools through
State-approved alternative certification programs.
``(2) To award stipends (in an amount not to exceed the
lesser of $5,000 per person or an amount equal to the total
costs of the types described in paragraphs (1), (2), (3), (8),
and (9) of section 472 of the Higher Education Act of 1965
incurred by the eligible individual in obtaining alternative
certification under this section) to eligible individuals who--
``(A) are enrolled in a State authorized
alternative certification program; and
``(B) agree to--
``(i) seek certification through teacher
certification programs in that State; and
``(ii) teach in a high need school in that
State;
with a preference being given to individuals who are deemed
financially in need of such assistance by the State.
``(3) To provide grants, in a manner prescribed by the
State, in an amount not to exceed $5,000 per eligible
individual, per year, to high need elementary or secondary
schools to offset the teacher mentoring, alternative
certification, and other direct costs associated with accepting
eligible individuals under this section.
``(4) To develop, or to award grants to accredited
institutions of higher education for the development of,
alternative certification programs, with preference given to
programs tailored to eligible individuals under this section.
``(5) Other activities determined by the State to be
reasonably necessary to carry-out the purposes of this section.
``(c) Criteria for Awarding of Grants.--
``(1) In general.--To be eligible to receive a grant under
this section a State shall--
``(A) submit to the Secretary an application that
contains--
``(i) a description of the manner in which
the State will carry out activities under this
section; and
``(ii) a description of the alternative
certification program of the State or a
description of the manner in which the State is
attempting to implement an alternative
certification program;
``(B) provide assurances to the Secretary that the
State will submit to the Secretary, at the end of the
grant period, a report on how the activities carried
out with funds made available under the grant were
utilized, including a description of--
``(i) the manner in which the funds were
used to increase the number of qualified
teachers hired in the State;
``(ii) the manner in which the funds
improved teacher quality;
``(iii) the number of teachers hired under
the grant;
``(iv) the professional experience and
field of expertise of each teacher hired under
the grant; and
``(v) the manner in which the funds were
used to meet other objectives of this section
or other objectives of the State with regard to
teacher hiring, quality, retention, and student
performance;
``(C) provide assurances that amounts received
under the grant will be used to supplement and not
supplant other Federal, State, and local funds expended
to provide services for individuals and entities
eligible to receive funds under this section; and
``(D) provide assurances to the Secretary that
amounts received under the grants will be expended
within 3 years of the receipt of such funds and agree
to return unused funds to the Secretary.
``(2) Preference.--The Secretary shall give preference in
the awarding of grants under this section to States that have
developed, or that are developing, alternative certification
programs that--
``(A) rapidly place quality certified teachers into
the classroom;
``(B) emphasize subject matter content; and
``(C) lead to the certification and placement of a
large number of teachers in relation to the number of
public elementary school and secondary school teachers
in the State.
``(3) Limitations.--A grant under this section may be made
for a period of up to 3 years, and may not exceed $10,000,000
per year.
``(4) Geographic diversity.--To the extent practicable, the
Secretary shall award grants under this section to support
programs in different geographic regions of the United States.
``(d) Application by Eligible Individuals.--To be eligible to
participate as an eligible individual under this section, an individual
shall submit an application to the State, or to an entity or individual
designated by the State to receive such applications. Such application
shall include--
``(1) a description of the academic, professional, and
other qualifications of the individual, including the academic
or professional subject matter expertise of the individual;
``(2) a description of the subject matter area, and, if
applicable, the grade level, in which the individual desires to
teach;
``(3)(A) a description of whether the individual is seeking
a stipend under this section (if offered by the State); and
``(B) if the individual is seeking such a stipend, a
description of the willingness of the individual to teach in a
high need elementary or secondary school for at least 2 years
under this section; and
``(4) any other information or documentation that may be
required by the State.
``(e) Stipends.--
``(1) Counted for eligibility purposes.--A stipend received
by an eligible individual under this section shall be taken
into account in determining the eligibility of the individual
for Federal student-based financial assistance.
``(2) Repayment.--The recipient of a stipend under this
section shall repay amounts received under such stipend to the
State from which the stipend was received if--
``(A) the recipient fails to complete the
applicable alternative certification program;
``(B) the recipient rejects a bona fide offer of
employment during the 1-year period beginning on the
date on which the individual completes the applicable
alternative certification program; or
``(C) the recipient fails to teach for at least 2
years in a public elementary school or secondary school
within that State during the 5-year period beginning on
the date on which the individual completes the
applicable alternative certification program.
``(3) Additional procedures.--A State that receives a grant
under this section may establish additional procedures and
rules with respect to the reimbursement of the State of any
stipend funds under paragraph (2), and shall retain such
reimbursed funds to carry out activities under this section.
``(4) Exceptions.--Paragraphs (2) and (3) shall not apply
during the period of time in which an eligible individual is--
``(A) pursuing a full-time course of study;
``(B) serving on active duty as a member of the
Armed Forces;
``(C) temporarily totally disabled for a period of
time not to exceed 3 years;
``(D) not able to secure employment for a period of
not more than 12 months by reason of the care required
by a spouse who is disabled; or
``(E) otherwise exempted from the requirements of
such paragraphs as may be provided by the Secretary.
``(f) Public Awareness.--The Secretary shall disseminate and
otherwise make available information concerning the program under this
section, including--
``(1) through the posting of a website on the Internet to
enable interested persons to easily find information and
application material for participation in activities under this
section, that contains a nationwide, publicly searchable data
bank of all State programs and all available public elementary
and secondary teaching positions the Secretary is able to
practicably ascertain, and a means by which individuals may
apply to, or inquire of, multiple States' alternative
certification programs under this section;
``(2) providing information to every State about the
program under this section, including the criteria for State
and individual eligibility; and
``(3) conducting other activities, either directly or
through contract with other appropriate entities, to broaden
awareness and participation in the program under this section.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
in fiscal year 2002, and such sums as may be necessary for each of
fiscal years 2003 through 2007.''. | Careers to Classrooms Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Careers to Classrooms program. Authorizes the Secretary of Education to award competitive grants to States for: (1) teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs; (2) stipends for eligible individuals enrolled in programs who agree to seek certification through teacher certification programs in that State and teach in a high-need school in that State, with preference for those individuals needing such assistance; (3) grants to high-need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this Act; (4) grants to accredited institutions of higher education to develop alternative certification programs, with preference given to programs tailored to eligible individuals; and (5) other activities determined by the State to be reasonably necessary to carry out the purposes of this Act. Requires preference for such grants to be given to States that have developed, or are developing, alternative certification programs that: (1) rapidly place quality certified teachers into the classroom; (2) emphasize subject matter content; and (3) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State. | {"src": "billsum_train", "title": "A bill entitled \"The Careers to Classrooms Act of 2001\"."} | 2,657 | 284 | 0.563824 | 1.538013 | 0.800487 | 5.19708 | 9.624088 | 0.978102 |
of
Disapproval.--An intended transfer described in subsection (a) shall
not take effect if Congress enacts a joint resolution of disapproval of
the transfer under section 3.
(e) Special Rule for Review Near End of Session of Congress.--
(1) In general.--In the case of any intended transfer
described in subsection (a) for which the written notice was
submitted in accordance with such subsection during the period
beginning on the date occurring--
(A) in the case of the Senate, 60 session days; or
(B) in the case of the House of Representatives, 60
legislative days,
before the date that Congress adjourns a session of Congress
through the date on which the same or succeeding Congress first
convenes its next session, section 3 shall apply to such
transfer in the succeeding session of Congress.
(2) Timing of submission of notice for purposes of
resolutions of disapproval.--In applying section 3 for purposes
of review under this subsection, an intended transfer described
under subsection (a) shall be treated as though the head of the
Executive agency submitted the written notice of the intended
transfer to Congress--
(A) in the case of the Senate, the 15th session
day; or
(B) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes.
(f) Rule of Construction.--If Congress does not enact a joint
resolution of disapproval under section 3 respecting an intended
transfer described in subsection (a), no court or agency may infer any
intent of the Congress from any action or inaction of the Congress with
regard to such transfer or joint resolution of disapproval.
SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURES.
(a) Description of Joint Resolution of Disapproval.--For purposes
of this section, the term ``joint resolution'' means only a joint
resolution introduced in the period beginning on the date on which the
written notice of an intended transfer referred to in section 2(a) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the intended transfer submitted
by the ____ relating to ____, and such transfer shall have no force or
effect.'' (The blank spaces being appropriately filled in).
(b) Referral to Committees of Jurisdiction.--A joint resolution
described in subsection (a) shall be referred to the committees in each
House of Congress with jurisdiction.
(c) Discharge of Committee in Senate.--In the Senate, if the
committee to which is referred a joint resolution described in
subsection (a) has not reported such joint resolution (or an identical
joint resolution) at the end of 20 calendar days after the written
notice of the intended transfer under section 2(a) is received by
Congress, such committee may be discharged from further consideration
of such joint resolution upon a petition supported in writing by 30
Members of the Senate, and such joint resolution shall be placed on the
calendar.
(d) Procedures for Expedited Consideration of Joint Resolution in
Senate.--(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
(e) Deadline for Application of Procedures for Expedited
Consideration in Senate.--In the Senate, the procedure specified in
subsection (c) or (d) shall not apply to the consideration of a joint
resolution respecting an intended transfer--
(1) after the expiration of the 60 session days beginning
with the date on which the written notice of the intended
transfer under section 2(a) is received by Congress; or
(2) if the written notice of the intended transfer was
submitted during the period referred to in section 2(e)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
(f) Coordination of Actions Between House and Senate.--If, before
the passage by one House of a joint resolution of that House described
in subsection (a), that House receives from the other House a joint
resolution described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(g) Exercise of Rulemaking Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 4. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies and
equipment, education, and clothing.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)(A)) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)), section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)), section 40(d) of the Arms Export Control
Act (22 U.S.C. 2780(d)), or any other provision of law, to be a
government that has repeatedly provided support for acts of
international terrorism. | Keep Taxpayer Dollars Safe from Terrorists Act of 2016 This bill prohibits an executive agency from transferring funds to a state sponsor of terrorism without prior written notice to Congress (with an exception for humanitarian assistance). An intended transfer shall not take effect if Congress enacts a joint resolution disapproving the transfer. An intended transfer shall not take effect until the latest of: the date occurring 60 days after Congress receives such written notice; in the case of a presidential veto of a joint resolution of disapproval, the earlier of the date on which either chamber fails to override the veto or the date occurring 30 session days after Congress received the veto; or the date the transfer otherwise would have taken effect (unless a joint resolution of disapproval is enacted). The bill provides a special rule for a written notice of transfer submitted within 60 legislative days before Congress adjourns. The bill sets forth congressional procedures for such a joint resolution of disapproval. | {"src": "billsum_train", "title": "Keep Taxpayer Dollars Safe from Terrorists Act of 2016"} | 1,864 | 219 | 0.649407 | 1.772943 | 0.768587 | 2.005495 | 9.489011 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rancher Preservation Act''.
SEC. 2. SPECIAL REQUIREMENTS REGARDING BLACK-TAILED PRAIRIE DOG.
(a) In General.--Section 13 of the Endangered Species Act of 1973
is amended to read as follows:
``special requirements regarding black-tailed prairie dog
``Sec. 13. (a) Use of Best Scientific and Commercial Data
Available.--In any case in which the Secretary is required by this Act
to use the best scientific and commercial data available with respect
to determining whether the black-tailed prairie dog (Cynomys
ludovicianus) is an endangered species or a threatened species, the
Secretary--
``(1) in evaluating comparable data, shall give greater
weight to scientific or commercial data that are empirical or
have been field-tested or peer-reviewed; and
``(2) shall include, in data used with respect to that
species, data regarding population numbers of the species.
``(b) Field Data.--
``(1) Requirement.--The Secretary may not determine under
section 4 that the black-tailed prairie dog (Cynomys
ludovicianus) is an endangered species or a threatened species
unless the determination is supported by data obtained by
observation of the species in the field.
``(2) Data from landowners.--The Secretary shall--
``(A) accept and acknowledge receipt of data
regarding the status of that species that is collected
by an owner of land through observation of the species
on the land; and
``(B) include the data in the rulemaking record
compiled for any determination that the species is an
endangered species or a threatened species.
``(c) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Action.--The term `action' means--
``(i) the determination that the black-
tailed prairie dog (Cynomys ludovicianus) is an
endangered species or a threatened species
under section 4(a); and
``(ii) the determination under section 4(a)
that the black-tailed prairie dog should be
removed from any list published under section
4(c)(1).
``(B) Qualified individual.--The term `qualified
individual' means an individual with expertise in the
biological sciences--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
black-tailed prairie dog or a similar species
or other scientific expertise relevant to the
decision of the Secretary under section 4(a) or
(f);
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
``(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
``(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
``(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review of actions.
``(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
``(B) The selection and activities of the reviewers
selected pursuant to this section shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
``(C) Reviewers shall be compensated for conducting the
independent review.
``(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the black-tailed
prairie dog.
``(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
``(A) a summary of the results of the independent
scientific review; and
``(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
``(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.
(b) Conforming Amendment.--The table of sections in the first
section of such Act is amended by striking the item relating to section
13 and inserting the following:
``Sec. 13. Special requirements regarding black-tailed prairie dog.''. | Rancher Preservation Act - Amends the Endangered Species Act of 1973 to provide that, in any case in which the Secretary of the Interior is required to use the best scientific and commercial data available with respect to determining whether the black-tailed prairie dog is an endangered or threatened species, the Secretary: (1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and (2) shall include data regarding population numbers of the species.Prohibits the Secretary from determining that the black-tailed prairie dog is an endangered or threatened species unless the determination is supported by data obtained by observation of the species in the field.Directs the Secretary to: (1) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land, and include the data in the rule-making record compiled for any determination that the species is an endangered or threatened species; (2) solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions; and (3) appoint randomly from among the list, before any action becomes final, three qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to establish special requirements for determining whether the black-tailed prairie dog is an endangered species or threatened species."} | 1,155 | 286 | 0.732274 | 2.027724 | 0.993902 | 6.576208 | 3.910781 | 0.97026 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Testing Fairness Act of
2003''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ``with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
``that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--Clause (ix) of section
1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(C)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by inserting ``and'' at the end;
and
(3) by adding at the end the following:
``(IV) at the discretion of the
State, the assessment of students with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) whose
instructional level in the core
academic subjects is below the grade
level in which the student is enrolled,
by using the State assessment
determined by the student's
individualized education program team
(as described in section 614(d)(1)(B)
of the Individuals with Disabilities
Education Act) to most closely
correspond to the student's
instructional level;''.
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years, so as to avoid any distortion in
measurement resulting from the new arrivals of
such students. ''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''.
(l) Minimum Number of Students With Disabilities for Statistically
Reliable Information.--The matter following subclause (II) in section
1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine
that such number for a group of students with disabilities is greater
than for other groups of students described in this clause'' after
``information about any individual student''. | Student Testing Fairness Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act. | {"src": "billsum_train", "title": "To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments."} | 2,192 | 46 | 0.495432 | 1.132036 | 0.455381 | 2.973684 | 47.394737 | 0.763158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Listbroker Privacy Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Commercial list brokers routinely advertise and sell
detailed information on children, including names, addresses,
ages, and other data, for use in marketing. This data is
commonly available on children as young as two years old,
enabling marketers to target specific demographics such as
junior high school, elementary school, or even preschool.
(2) Commercially available marketing databases can be very
large, covering millions of children.
(3) Commercially available marketing databases can include
a variety of information on the children they cover, from
ethnicity to family income to hobbies and interests.
(4) Money spent on marketing to children has been estimated
at $12 billion per year.
(5) Several Federal statutes, including section 1061 of the
No Child Left Behind Act, the Children's Online Privacy
Protection Act, and the Family and Educational Rights and
Privacy Act, restrict the collection and disclosure of
information about children or students under specified
circumstances. When data on children is collected in a manner
that is outside the scope of those statutes, however, Federal
law does not significantly restrict the commercial sale or
resale of such data.
(6) The ability to sell information about children to
marketers for a profit creates an economic incentive to find
new and creative ways to collect and compile such information,
and possibly to circumvent or subvert the intent of those
federal statutes that do govern the collection of information
about children or students. There are a variety of means and
sources that marketers and list brokers can and do use to
compile names, addresses, and other data about children.
SEC. 3. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL
INFORMATION.
(a) In General.--It is unlawful--
(1) to sell personal information about an individual the
seller knows to be a child;
(2) to purchase personal information about an individual
identified by the seller as a child, for the purpose of
marketing to that child; or
(3) for a person who has provided a certification pursuant
to subsection (b)(2), in connection with the purchase of
personal information about an individual identified by the
seller as a child, to engage in any practice that violates the
terms of the certification.
(b) Exceptions.--
(1) Parental consent.--Subsection (a) does not apply to any
sale, purchase, or use of personal information about a child if
the parent of the child has granted express consent to that
sale, purchase, or use of the information.
(2) Certification.--Subsection (a)(1) shall not apply to
the sale of personal information about a child if the purchaser
certifies to the seller, electronically or in writing, before
the sale is completed--
(A) the purpose for which the information will be
used by the purchaser; and
(B) that the purchaser will neither--
(i) use the information for marketing that
child; nor
(ii) permit the information to be used by
others for the purpose of marketing to that
child.
SEC. 4. ADMINISTRATION AND ENFORCEMENT.
(a) In General.--Except as provided in subsection (b), this Act
shall be enforced by the Commission as if the violation of section 3 of
this Act were an unfair or deceptive act or practice proscribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(b) Enforcement by Certain Other Agencies.--Compliance with this
Act shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act (12 U.S.C.
601 and 611), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (b) of its powers under any Act
referred to in that subsection, a violation of section 3 of this Act I
is deemed to be a violation of a requirement imposed under that Act. In
addition to its powers under any provision of law specifically referred
to in subsection (b), each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with
any requirement imposed under section 3 of this Act, any other
authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating section 3 of this Act 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 entity that violates any provision of that
section is subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the same
manner, by the same means, and with the same jurisdiction, power, and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of that
section.
(e) Preservation of Commission Authority.--Nothing contained in
this section shall be construed to limit the authority of the
Commission under any other provision of law.
SEC. 5. ACTIONS BY STATES.
(a) In General.--
(1) 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 the engagement of any person in a
practice that section 3 of this Act, 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--
(A) to enjoin that practice;
(B) to enforce compliance with the rule;
(C) to obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) to obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the
filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this subtitle 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--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an
action is instituted by or on behalf of the Commission for violation of
section 2 of this Act, no State may, during the pendency of that
action, institute an action under subsection (a) against any defendant
named in the complaint in that action for violation of that section.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 6. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual under
the age of 16.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Express consent.--
(A) In general.--The term ``express consent'' means
an affirmative indication of permission in writing or
electronic form. The term ``express consent'' does not
include consent inferred from a failure to indicate
affirmatively that consent is denied or withheld.
(B) Prerequisites.--Express consent is not valid
unless--
(i) before granting the consent the
individual granting the consent was informed of
the purpose for which the information would be
sold, purchased, or used; and
(ii) consent was not granted as a condition
for making a product, service, or warranty
available to the individual or the child to
which the information pertains.
(4) Marketing.--The term ``marketing'' means making a
communication to encourage the purchase or use of a commercial
product or service. For purposes of this paragraph, a product
or service shall be considered to be commercial if some or all
of the proceeds from the sale inure to the benefit of an
enterprise conducted for profit.
(5) Parent.--The term ``parent'' includes a legal guardian.
(6) Personal information.--The term ``personal
information'' means identifiable information about an
individual, including--
(A) a name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address or online username;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that permits a specific
individual to be identified.
(7) Purchase; sell; sale.--In section 3, the terms
``purchase'', ``sell'', and ``sale'' include the purchase and
sale of the right to use personal information, without regard
to whether--
(A) the right is limited or unlimited;
(B) the transaction is characterized as a purchase,
sale, lease, or otherwise; and
(C) the consideration for the transaction is
monetary, goods, or services.
SEC. 7. EFFECTIVE DATE.
This Act takes effect 6 months after the date of enactment. | Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use. Provides for violation enforcement through the Federal Trade Commission (FTC) and certain other Federal agencies.
Authorizes enforcement actions by States acting on behalf of its residents (allowing FTC intervention). | {"src": "billsum_train", "title": "A bill to regulate interstate commerce by prohibiting the sale of children's personally identifiable information for commercial marketing purposes."} | 2,809 | 151 | 0.534831 | 1.630843 | 0.740053 | 4.528169 | 18.746479 | 0.908451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Latina Health Access Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2006, there are 18,000,000 Latinas residing in
the United States. The number of Latinas is expected to grow
considerably. It is estimated that by the year 2050, 1 out of
every 4 women in the United States will be a Latina.
(2) Latinas are particularly at risk for being uninsured.
37 percent of Latinas are uninsured, almost double the national
average.
(3) With respect to sexually transmitted diseases--
(A) the HIV infection rate is 7 times more for
Latinas than their white counterparts, and Latinas
represent 18 percent of new HIV infections among women;
(B) the AIDS case rate for Latinas is more than 5
times more than the rate for white women;
(C) the rate of chlamydia for Latinas is 4 times
more than the rate for white women; and
(D) among Latinas, the gonorrhea incidence is
nearly double that of white women.
(4) With respect to cancer--
(A) The national incidence rate for cervical cancer
in Latinas over the age of 30 is nearly double that of
non-Latinas;
(B) 1 in 12 Latinas nationwide will develop breast
cancer; and
(C) while white women have the highest rates of
breast cancer, Latinas have among the lowest rates of
breast cancer screening, diagnosis and treatment and,
as a result, are more likely to die from breast cancer
compared to white women.
(5) The prevalence of diabetes is at least 2 to 4 times
more among Latinas than among white women. More than 25 percent
of Latinas aged 65 to 74 have Type II diabetes.
(6) Heart disease is the main cause of death for all women,
and heart disease risk and death rates are higher among Latinas
partly because of higher rates of obesity and diabetes.
(7) Therefore, despite their growing numbers, Latinas
continue to face serious health concerns (including sexually
transmitted diseases, diabetes, and cancer) that are otherwise
preventable, or treatable, with adequate health access.
SEC. 3. HEALTH ACCESS FOR UNINSURED AND LOW-INCOME INDIVIDUALS.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--HEALTH ACCESS FOR UNINSURED AND LOW-INCOME INDIVIDUALS
``SEC. 2901. HEALTH CARE ACCESS FOR PREVENTABLE HEALTH PROBLEMS.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a high-performing hospital or community health center
that serves medically underserved areas with large numbers of
uninsured and low-income individuals, such as Latina
populations;
``(2) a State or local government; or
``(3) a private nonprofit entity.
``(b) In General.--The Secretary shall award grants to eligible
entities to enable the eligible entities to provide programs and
activities that provide health care services to uninsured and low-
income individuals in medically underserved areas.
``(c) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Authorized Activities.--An eligible entity receiving a grant
under this section shall use grant funds to carry out programs and
activities that provide access to care for a full spectrum of
preventable and treatable health care problems in a culturally and
linguistically appropriate manner, including--
``(1) family planning services and information;
``(2) prenatal and postnatal care; and
``(3) assistance and services with respect to asthma,
cancer, HIV disease and AIDS, sexually transmitted diseases,
mental health, diabetes, and heart disease.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for fiscal year 2007
and each succeeding fiscal year.
``SEC. 2902. FOCUS ON UNINSURED AND LOW-INCOME POPULATIONS.
``(a) Prioritizing Health Grants To Increase Funding Equity.--In
order to create a more diverse movement, cultivate new leaders, and
address health issues within medically underserved areas, the Secretary
shall, in awarding grants and other assistance under this Act, reserve
a portion of the grants and assistance for entities that--
``(1) represent medically underserved areas or populations
with a large number of uninsured and low-income individuals;
and
``(2) otherwise meet all requirements for the grant or
assistance.
``(b) Research Benefitting Populations With a Lack of Health
Data.--
``(1) Grants authorized.--From amounts appropriated under
paragraph (3) for a fiscal year, the Secretary shall award
grants to research institutions in order to enable the
institutions--
``(A) to conduct research on the health status of
populations for which there is an absence of health
data, such as the Latina population; or
``(B) to work with organizations that focus on
populations for which there is an absence of health
data, such as the Latina population, on developing
participatory community-based research methods.
``(2) Application.--A research institution desiring a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $18,000,000 for
fiscal year 2007 and each of the succeeding fiscal years.
``SEC. 2903. EDUCATION AND OUTREACH.
``(a) Joint Effort for Health Outcomes.--In order to improve health
outcomes for uninsured and low-income individuals, the Secretary shall,
through a joint effort with health care professionals, health
advocates, and community-based organizations in medically underserved
areas, provide outreach, education, and delivery of comprehensive
health services to uninsured and low-income individuals in a culturally
competent manner.
``(b) Targeted Health Education Programs.--The Secretary shall
carry out a health education program targeted specifically to
populations of uninsured and low-income individuals, including the
Latina population, through community centered informational forums,
public service announcements, and media campaigns.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for fiscal year 2007
and each succeeding fiscal year.''. | Latina Health Access Act - Amends the Public Health Service Act (PHSA) to require the Secretary of Health and Human Services to award grants for programs and activities that provide health care services to uninsured and low-income individuals in medically underserved areas. Directs that grant funds be used to care for a full spectrum of preventable and treatable health care problems in a culturally and linguistically appropriate manner, including through: (1) family planning services and information; (2) prenatal and postnatal care; and (3) assistance and services with respect to asthma, cancer, HIV disease and AIDS, sexually transmitted diseases, mental health, diabetes, and heart disease.
Requires the Secretary to reserve a portion of grants and assistance awarded under the PHSA for entities that represent medically underserved areas or populations with a large number of uninsured low-income individuals.
Directs the Secretary to award grants to research institutions to: (1) conduct research on the health status of populations for which there is an absence of health data, such as the Latina population; and (2) work with organizations that focus on such populations on developing participatory community-based research methods.
Requires the Secretary to: (1) provide outreach, education, and delivery of comprehensive health services to uninsured and low-income individuals in a culturally competent manner; and (2) carry out a health education program targeted specifically to such individuals through community centered informational forums, public service announcements, and media campaigns. | {"src": "billsum_train", "title": "A bill to address the serious health care access barriers, and consequently higher incidences of disease, for low-income, uninsured populations."} | 1,552 | 321 | 0.484009 | 1.473173 | 0.618186 | 6.183099 | 4.767606 | 0.964789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nigerian Advance Fee Fraud
Prevention Act of 1998''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Nigerian advance fee fraud, known internationally as
``4-1-9'' fraud after the section of the Nigerian penal code
which addresses fraud schemes, has reached epidemic
proportions.
(2) Such frauds generally involve a company or individual
that receives an unsolicited letter from a Nigerian claiming to
be a senior civil servant of the Nigerian Government, usually
from the Nigerian National Petroleum Corporation.
(3) The Nigerian perpetrator of the fraud explains that the
entity of the Nigerian Government concerned is seeking a
reputable foreign company or individual to use its account to
deposit funds ranging from $10,000,000 to $60,000,000, which
the Nigerian Government overpaid on a contract.
(4) The intended victims of such frauds are typically asked
to provide company letterhead and bank account information
which they are told will be used to show completion of the
contract.
(5) The victim's letterhead is actually used to forge
letters to other prospective victims and to forge letters of
recommendation for travel visas from the United States Embassy
in Lagos, Nigeria.
(6) Victims of such frauds are pressured to send money for
unforeseen taxes, fees to the Nigerian Government, and attorney
fees.
(7) Victims of such frauds are requested to travel to
Nigeria to complete the fraudulent transaction, and are told a
visa is not necessary to enter the country.
(8) The perpetrators of such frauds often bribe airport
officials to bypass a victim of such fraud through immigration,
and use the victim's illegal entry into the country as leverage
to coerce the victim into releasing more funds to the
perpetrators.
(9) Violence and threats of physical harm have also been
used to pressure victims of such frauds.
(10) 15 foreign businessmen, including 2 United States
citizens, have been murdered after traveling to Nigeria in
pursuit of a 4-1-9 scam.
(11) Financial losses incurred by United States citizens
and reported to the United States Secret Service exceed
$100,000,000.
(12) The money derived from these schemes is often used to
fund other illegal activities, including drug trafficking and
violent crimes.
(13) The United States Secret Service has established
``Operation 4-1-9'', which is designed to target these schemes,
and the Secret Service receives over 100 telephone calls and
300 to 500 pieces of mail from victims of such schemes every
day.
(14) Perpetrators of 4-1-9 frauds are rarely prosecuted or
jailed by the Nigerian Government, and money lost is rarely
recovered.
(15) The Nigerian Government is suspected of playing a role
in these schemes, at least insofar as it has not made any
serious efforts to curb the schemes, enforce its own laws
against the schemes, or apprehend and prosecute the
perpetrators.
SEC. 3. EFFORTS TO END THE NIGERIAN ADVANCE FEE FRAUD.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the United States should work with the international
community to ensure the prosecution of Nigerian scam artists
involved in the advance fee frauds described in section 2; and
(2) the United States should take all steps necessary to
educate the public about such advance fee fraud, and to prevent
future occurrences of such fraud.
(b) Reports to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State and the Secretary of
the Treasury shall jointly submit to the Congress a report which
includes the following information:
(1) Actions undertaken by the Nigerian Government to
cooperate with international officials in apprehending and
extraditing persons responsible for committing advance fee
fraud described in section 2 and preventing future occurrences
of such fraud.
(2) Efforts undertaken to inform United States citizens
about such advance fee fraud.
(3) Efforts undertaken to ensure the coordination of
activities by the United States Government relating to such
fraud.
(4) Efforts undertaken to work with the international
community to combat such fraud and apprehend the perpetrators.
(5) Other measures being undertaken, and which will be
undertaken, to ensure and promote an end to such advance fee
fraud, including the imposition of economic and other sanctions
on the Government of Nigeria. | Nigerian Advance Fee Fraud Prevention Act of 1998 - Expresses the sense of the Congress that the United States should: (1) work with the international community to ensure the prosecution of Nigerian scam artists involved in the advance fee frauds scheme (also known as 4-1-9 fraud); and (2) take all steps necessary to educate the public about the scheme, and prevent future occurrences. Directs the Secretaries of State and of the Treasury to report jointly to the Congress on efforts taken to inform U.S. citizens about 4-1-9 fraud and measures to eliminate it. | {"src": "billsum_train", "title": "Nigerian Advance Fee Fraud Prevention Act of 1998"} | 953 | 118 | 0.540616 | 1.701719 | 0.591184 | 3.315789 | 8.04386 | 0.912281 |
SECTION 1. BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA.
(a) Release.--If the State of Florida, not later than 10 years
after the date of the enactment of this Act, notifies the Secretary of
Agriculture that encroachments by improvements or occupation have
occurred before July 13, 2006, on one or more of the parcels of real
property described in subsection (b), the Secretary shall release to
Florida all right, title, and interest of the United States in and to
any identified parcel, such right, title, and interest consisting of
the reversionary interest of the United States on the affected areas
within any identified parcel without further Federal administrative
review or analysis.
(b) Original Deeded Land Descriptions.--
(1) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Santa Rosa County
to the State of Florida.
(2) The parcel of real property described in a deed dated
April 11, 1957, conveying certain lands in Santa Rosa County to
the State of Florida.
(3) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Okaloosa County to
the State of Florida.
(4) The parcel of real property described in a deed dated
November 26, 1982, conveying certain lands in Citrus, Hernando,
Pasco, and Sumter Counties to the State of Florida.
(c) Deeds.--The 4 deeds referred to in subsection (b) are recorded
as follows:
(1) Deed Book 122, pages 397-437, Santa Rosa County,
Florida.
(2) Deed Book 133, pages 333-337, Santa Rosa County,
Florida.
(3) Deed Book 121, pages 511-528, Okaloosa County, Florida.
(4) Official Record Book 610, pages 1228-1237, Citrus
County, Florida.
(5) Official Record Book 517, pages 491-500, Hernando
County, Florida.
(6) Official Record Book 269, pages 126-135, Sumter County,
Florida.
(7) Official Record Book 1240, pages 1065-1074, Pasco
County, Florida.
(d) Consideration.--The United States shall receive no funds as
consideration for the release of the reversionary interests under
subsection (a). As consideration for such release, the State of Florida
shall agree to the following:
(1) Use of proceeds.--All net proceeds from the sale,
exchange, or other disposition of the real property subject to
the reversionary interests shall be used by the State of
Florida for the acquisition of other lands within or adjacent
to the exterior boundaries of Blackwater River State Forest and
Withlacoochee State Forest.
(2) Use of acquired lands.--Any lands acquired by the sale,
exchange, or other disposition of the real property subject to
the reversionary interests shall become a part of the State
forest in which the acquired lands are located and shall be
subject to the condition that the acquired lands be used for
public purposes.
(3) Retention of land base.--The total land base of such
State forests shall not be reduced below the original acreage
of the real property included in the conveyances described in
subsection (a), except in the case of any lands conveyed at the
request of the United States, and the total land base shall be
managed in perpetuity as State forest land.
(4) Fund; records.--All net proceeds from the sale,
exchange, or other disposition of the real property subject to
the reversionary interests shall be maintained by the State of
Florida in a separate fund prior to use under paragraph (1).
The record of all transactions involving such fund shall be
open to inspection by the Secretary of Agriculture.
(5) Indemnification.--The State of Florida shall agree to
indemnify and hold the United States harmless with regard to
any boundary disputes related to any parcel released under this
section.
(6) Survey; maps.--Before any release of a reversionary
interest under subsection (a), the State of Florida shall
provide to the Secretary, at the expense of the State of
Florida, a survey and a map acceptable to the Secretary of the
areas encroached upon by improvements or occupied to be
identified and for which a release under subsection (a) is
requested.
(e) Instrument of Release.--Not later than 90 days after receipt
from the State of Florida of an identified parcel under subsection (a),
the Secretary of Agriculture shall execute and file in the appropriate
office or offices a deed of release, amended deed, or other appropriate
instrument effectuating the release of the reversionary interests on
that parcel.
(f) Availability of Records.--The survey and maps required under
subsection (d)(6), deeds, and other relevant legal records related to
any release of a reversionary interest under subsection (a) shall be
kept on file and available for public inspection at the approprate
office of the Department of Agriculture. | Directs the Secretary of Agriculture, if the State of Florida notifies the Secretary that encroachments by improvements or occupation have occurred before July 13, 2006, on one or more of the parcels of real property described in this Act, to release to Florida any reversionary interest of the United States in and to any identified parcel without further federal administrative review or analysis.
Bars the United States from receiving any funds as consideration for the release of the reversionary interests specified above.
Requires all net proceeds from the disposition of such real property to be used by the State for the acquisition of other lands adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest.
Requires: (1) any lands so acquired to become a part of the state forest; and (2) that the acquired lands be used for public purposes.
Requires the State to agree to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this Act. | {"src": "billsum_train", "title": "To provide for the Secretary of Agriculture to release the reversionary interest of the United States on certain land in the State of Florida if encroachments and trespassing have occurred on that land, and for other purposes."} | 1,110 | 218 | 0.561514 | 1.715237 | 0.861989 | 5.757895 | 5.310526 | 0.926316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Reports Elimination
Act of 2014''.
SEC. 2. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Department of Transportation.--
(1) Air traffic services committee reports.--Section
106(p)(7) of title 49, United States Code, is amended--
(A) by striking subparagraph (H); and
(B) by redesignating subparagraph (I) as
subparagraph (H).
(2) Annual summaries of financial reports.--Subsection (k)
of section 47107 of title 49, United States Code, is repealed.
(3) Pipeline safety information grants to communities
annual report.--Section 60130 of title 49, United States Code,
is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(4) Pilot program for innovative financing of air traffic
control equipment annual report.--Section 182 of the Vision
100--Century of Aviation Reauthorization Act (49 U.S.C. 44502
note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(5) Justification for air defense identification zone.--
Section 602 of the Vision 100--Century of Aviation
Reauthorization Act (Public Law 108-176; 117 Stat. 2563), and
the item relating to that section in the table of contents in
section 1(b) of that Act, are repealed.
(6) Standards for aircraft and aircraft engines to reduce
noise levels annual report.--Section 726 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (49
U.S.C. 47508 note) is amended by striking subsection (c).
(b) Environmental Protection Agency.--
(1) Great lakes management comprehensive report.--Section
118(c) of the Federal Water Pollution Control Act (33 U.S.C.
1268(c)) is amended--
(A) by striking paragraph (10); and
(B) by redesignating paragraphs (11), (12), and
(13) as paragraphs (10), (11), and (12), respectively.
(2) General assistance program report to congress.--The
Indian Environmental General Assistance Program Act of 1992 (42
U.S.C. 4368b) is amended by striking subsection (i).
(3) Research program respecting ocean dumping and other
methods of waste disposal report by administrator.--Section 204
of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1444) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
SEC. 3. CONSOLIDATION OR MODIFICATION OF CERTAIN REPORTS.
(a) Marine Safety Report to Congress.--
(1) Consolidation.--Section 2116(d)(2)(B) of title 46,
United States Code, is amended by striking ``under subsection
(b); and'' and inserting ``under subsection (b), which shall
include an identification of--
``(i) the number of civilian and military
Coast Guard personnel assigned to marine safety
positions; and
``(ii) marine safety positions that are
understaffed for purposes of facilitating the
strategy and achieving the goals described in
subsection (a); and''.
(2) Conforming amendments.--Section 57 of title 14, United
States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f), (g), and (h)
as subsections (e), (f), and (g), respectively.
(b) Maritime Transportation Security Annual Report.--
(1) Consolidation.--Section 70103 of title 46, United
States Code, is amended by adding at the end the following:
``(f) Annual Report.--On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the Secretary
of the department in which the Coast Guard is operating shall submit to
the Committee on Homeland Security and 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
includes--
``(1) with respect to the last full fiscal year preceding
the report--
``(A) a summary of--
``(i) security standards established
pursuant to this section; and
``(ii) the level of compliance and steps
taken to ensure compliance by ports, terminals,
vessel operators, and shippers with respect to
security standards established pursuant to this
section; and
``(B) a statement of the number of--
``(i) security zones established for
vessels containing especially hazardous cargo;
and
``(ii) vessels containing especially
hazardous cargo provided a waterborne security
escort, subdivided by Federal, State, local, or
private security provider; and
``(2) an assessment of any additional vessels, personnel,
infrastructure, or other resources that may be necessary to
provide waterborne escorts to vessels containing especially
hazardous cargo for which a security zone is established.''.
(2) Conforming amendments.--
(A) Especially hazardous cargo.--Section 70103(e)
of title 46, United States Code, is amended by striking
paragraph (2) and inserting the following:
``(2) Especially hazardous cargo defined.--In this
subsection and subsection (f), the term `especially hazardous
cargo' means anhydrous ammonia, ammonium nitrate, chlorine,
liquefied natural gas, liquefied petroleum gas, and any other
substance, material, or group or class of material, in a
particular amount and form that the Secretary determines by
regulation poses a significant risk of creating a
transportation security incident while being transported in
maritime commerce.''.
(B) Vessel and intermodal security reports.--
Section 809 of the Coast Guard and Maritime
Transportation Act of 2004 (46 U.S.C. 70101 note) is
amended--
(i) in subsection (a) by striking ``and
(j)'' and inserting ``and (i)'';
(ii) by striking subsection (i); and
(iii) by redesignating subsections (j) and
(k) as subsections (i) and (j), respectively.
(c) Modifications.--
(1) Infrastructure investment needs report.--Section
503(b)(8)(A) of title 23, United States Code, is amended by
striking ``July 31, 2013, and July 31'' and inserting ``July
31, 2014, and July 31''.
(2) Reports to congress.--Section 609 of title 23, United
States Code, is amended--
(A) in subsection (a) by striking ``June 1, 2012,''
and inserting ``June 1, 2014,''; and
(B) in subsection (b)(1) by striking ``December 1,
2012,'' and inserting ``December 1, 2014,''.
(3) Public mass transportation systems report.--Section
308(e)(1) of title 49, United States Code, is amended by
striking ``March 1998, and in March'' and inserting ``July
2014, and in July''.
(4) Evaluation and audit of national transportation safety
board.--Section 1138(a) of title 49, United States Code, is
amended by striking ``at least annually, but may be
conducted''.
(5) Briefings.--Section 20017(b)(6) of MAP-21 (49 U.S.C.
5324 note; 126 Stat. 706) is amended--
(A) in subparagraph (A) by inserting after ``the
Senate'' the following: ``and the Committee on
Transportation and Infrastructure of the House of
Representatives''; and
(B) in subparagraph (B) by inserting after ``the
Senate'' the following: ``and the Committee on
Transportation and Infrastructure of the House of
Representatives''.
SEC. 4. PAPERLESS REPORTS.
(a) Railway-Highway Crossings Annual Report.--Section 130(g) of
title 23, United States Code, is amended by striking the third sentence
and inserting the following: ``The Secretary shall make available to
the public on the Web site of the Department of Transportation, not
later than April 1, 2014, and every 2 years thereafter, a report on the
progress being made by the State in implementing projects to improve
railway-highway crossings.''.
(b) National Bridge and Tunnel Inventory Report.--Section
144(d)(1)(B) of title 23, United States Code, is amended by striking
``submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate'' and inserting ``make available to the public on
the Web site of the Department of Transportation''.
(c) Surface Transportation Project Delivery Program Report.--
Section 327 of title 23, United States Code, is amended by striking
subsection (i) and inserting the following:
``(i) Report.--The Secretary shall make available to the public on
the Web site of the Department of Transportation an annual report that
describes the administration of the program.''.
(d) Highway Safety Programs Biennial Report.--Section 402(n) of
title 23, United States Code, is amended--
(1) by striking ``to Congress'' in the subsection heading;
and
(2) in the matter preceding paragraph (1) by striking
``submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate'' and inserting ``make available to the public on the
Web site of the Department of Transportation a report''.
(e) In-Vehicle Alcohol Detection Device Research Reports.--Section
403(h)(4) of title 23, United States Code, is amended by striking
``submit an annual report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and Committee on
Science, Space, and Technology of the House of Representatives'' and
inserting ``make available to the public on the Web site of the
Department of Transportation an annual report''.
(f) National ITS Program Plan Reporting.--Section 512(b) of title
23, United States Code, is amended by striking ``submitted'' and all
that follows through the period at the end and inserting ``made
available to the public, and updated biennially, on the Web site of the
Department of Transportation.''.
(g) Advisory Committee Report.--Section 515(h)(4) of title 23,
United States Code, is amended--
(1) by striking ``of each year after the date of enactment
of the Transportation Research and Innovative Technology Act of
2012,'' and inserting ``, 2014, and biennially thereafter,'';
(2) by striking ``submit to Congress'' and inserting ``make
available to the public on the Web site of the Department of
Transportation''; and
(3) in subparagraph (A) by striking ``calendar year'' and
inserting ``2 calendar years''.
(h) National Ferry Database Update Report.--Section 1801(e)(3) of
SAFETEA-LU (23 U.S.C. 129 note) is amended by inserting ``and shall
make any such modified report available to the public on the Web site
of the Department'' before the period at the end.
(i) High-Risk Rural Roads Best Practices Report.--Section
1112(b)(2)(A) of MAP-21 (23 U.S.C. 148 note) is amended by striking
``submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives'' and inserting ``make available to the public on the
Web site of the Department''.
(j) Completion Time Assessment Report.--Section 1323(a)(2) of MAP-
21 (126 Stat. 553) is amended by striking ``submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate'' and
inserting ``make available to the public on the Web site of the
Department''.
(k) Additional Report.--Section 1323(b) of MAP-21 (126 Stat. 554)
is amended by striking ``submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate'' and
inserting ``make available to the public on the Web site of the
Department''.
Passed the House of Representatives January 8, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Transportation Reports Elimination Act of 2014 - (Sec. 2) Eliminates certain mandatory reports to specified congressional committees from the Secretary of Transportation (DOT) on: (1) Airport Improvement Project grants, (2) Pipeline Safety Information Grants to Communities, (3) the pilot program for innovative financing of air traffic control equipment (under the Vision 100--Century of Aviation Reauthorization Act), and (4) the application of new aircraft and aircraft engine standards or technologies to reduce aircraft noise levels (under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century). Eliminates certain mandatory Federal Aviation Administration (FAA) reports with respect to the Air Traffic Services Committee and the establishment of an Air Defense Identification Zone (under the Vision 100--Century of Aviation Reauthorization Act). Eliminates mandatory reports to specified congressional committees from the Environmental Protection Agency (EPA) regarding Great Lakes Management, the Indian Environmental General Assistance Program (under the Indian Environmental General Assistance Program Act of 1992), and the research program respecting ocean dumping and other methods of waste disposal (under the Marine Protection, Research, and Sanctuaries Act of 1972). (Sec. 3) Requires the annual marine safety report to Congress of the Secretary of the department in which the Coast Guard is operating to identify: (1) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (2) marine safety positions that are understaffed for purposes of facilitating the marine safety strategy and achieving its goals. Directs the Secretary of the department in which the Coast Guard is operating to submit an annual Maritime Transportation Security report to specified congressional committees that includes: (1) a summary of security standards established and the level of compliance with them, and steps taken to ensure compliance, by ports, terminals, vessel operators, and shippers; and (2) the number of security zones established for vessels containing especially hazardous cargo, and the number of such vessels provided a waterborne security escort. Requires such report also to assess any additional vessels, personnel, infrastructure, or other resources that may be necessary to provide waterborne escorts to such vessels. Postpones till certain dates in 2014 the DOT Secretary's first biennial reports to specified congressional committees on infrastructure investment needs and the financial performance of projects receiving, or which have already received, infrastructure finance assistance. Changes from March to July, starting July 2014, the deadline for the biennial DOT public mass transportation system reports to Congress. Repeals the requirement that the Comptroller General (GAO) evaluation and audit of the National Transportation Safety Board (NTSB) be conducted at least annually. Requires the DOT Secretary and the Secretary of Homeland Security (DHS) to include the House Committee on Transportation and Infrastructure in their quarterly briefings to Congress on any memorandum of agreement between them for coordination of their roles and responsibilities in providing assistance for public transportation. (Sec. 4) Revises the requirement for biennial reports to specified congressional committees on state progress in implementing projects to improve railway-highway crossings to make them (paperless) reports to the public on the DOT website. Requires the same shift to paperless reports to the public on the DOT website with respect to mandatory annual or biennial reports concerning: (1) the national bridge and tunnel inventory; (2) the surface transportation project delivery program; (3) highway safety programs; (4) in-vehicle alcohol detection device research; (5) the National Intelligent Transportation System (ITS) Program Plan; (6) research, technology, and education advisory committee recommendations; (7) high-risk rural roads best practices; and (8) a specified comparison of the completion times of categorical exclusions, environmental assessments, and environmental impact statements for federal-aid highway projects among specified time periods. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to require publication also on the DOT website of national ferry database updates. | {"src": "billsum_train", "title": "Transportation Reports Elimination Act of 2014"} | 2,933 | 875 | 0.573446 | 1.904133 | 0.740323 | 2.969816 | 3.363517 | 0.830709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent and Repeat Offender
Accountability Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) it is the responsibility of the Federal Government to
provide States help in certain areas, including efforts to
reduce violent crime;
(2) Federal legislation relating to criminal justice,
including the Racketeer Influenced and Corrupt Organizations
Act (``RICO'') and the Federal Sentencing Guidelines, has been
very effective in dealing with crimes to which the legislation
applies;
(3) the responsibility for protecting citizens against most
violent crimes and for punishing most violent criminal
offenders is primarily a matter of State and local governance;
(4) violent crimes nationwide have risen dramatically and
constitute a national priority of the highest order;
(5) the persistence and increasing incidence of violent
crime, despite the efforts of State and local governments, has
resulted in a vastly increased Federal role in this area, and
there is pressure for even greater Federal involvement in
criminal matters traditionally handled by State and local
governments;
(6) the Federal courts especially have become overburdened
with criminal matters more properly handled by State and local
governments;
(7) a major impetus for this increased Federal role in
combating violent crime is the lack of effective tools with
which State and local governments can prosecute violent
criminal offenders;
(8) a more uniform, proportionate, and appropriately
punitive system of sentencing for violent criminal offenders
would serve both to reduce the incidence of violent crime and
to reduce the need for direct Federal involvement in criminal
matters traditionally handled by State and local governments;
(9) a more appropriate and effective role for the Federal
Government in the struggle against most violent crime is to
encourage each State to take the steps necessary to reduce
crime in such State which would also reduce the national crime
rate;
(10) the United States Sentencing Guidelines have proven to
be an effective means of achieving, at the Federal level, a
more uniform, proportionate, and appropriately punitive
criminal sentencing system; and
(11) each State should be required to analyze its criminal
sentencing system and to consider whether the adoption of a
revised sentencing system would enable it to combat violent
crime more effectively.
(b) Purposes.--The purposes of this Act are--
(1) to require each State to undertake a comprehensive
examination of the State's criminal sentencing scheme and to
create a sentencing system which more effectively governs the
sentencing of violent offenders; and
(2) to provide funds to States that comply with the
requirements of section 5(b) to implement necessary changes to
the State criminal sentencing system, including increasing the
capacity of State correctional facilities if necessary.
SEC. 3. DEFINITION.
For the purpose of this Act, the term ``State'' means any State of
the United States.
SEC. 4. STATE SENTENCING REVIEWS.
(a) In General.--Each State, in order to be eligible for funds
under this Act, must conduct a systematic review of its criminal
sentencing laws and practices.
(b) State Sentencing Reviews.--Not later than one year after the
date of enactment of this Act, the government of each State shall
submit to the Attorney General a report detailing the results of the
State's review of its criminal sentencing system. The report also shall
include the following:
(1) An analysis of the State statutory criminal sentencing
scheme, including information regarding murder (all degrees),
arson, burglary, assault, robbery, kidnapping, extortion, rape,
and child molestation. This analysis should include--
(A) the minimum and maximum sentence available for
each offense;
(B) the basis for distinguishing between different
degrees of the same offense;
(C) whether factors in addition to the actual crime
(such as criminal history, victim impact, or use of a
weapon) should be considered by the sentencing
authority; and
(D) whether probation or some other non-custodial
alternatives to incarceration are a sentencing option.
(2) An analysis of the sentences actually imposed by State
court judges for the crimes listed in paragraph (1).
(3) An analysis of the time which has actually been served
for the conviction of crimes listed in paragraph (1).
(4) An analysis of the practices and procedures of the
State relating to probation, parole, and other alternatives to
incarceration, with particular emphasis on crimes which have
been committed by convicted criminals while on parole or
probation or otherwise not incarcerated.
(5) An analysis of whether the State sentencing system
permits or requires the sentencing authority to order convicted
criminals to pay restitution to the victim, the victim's
family, or the State, and the percentage of restitution orders
which are actually collected.
(6) An analysis of whether and under what circumstances
State law permits the pretrial detention without bond of
dangerous offenders.
(7) An analysis of whether and under what circumstances
State law gives victims the right to be informed, present, and
heard at all critical stages of a case from arrest through
parole.
(8) An analysis of whether and how State law establishes
post conviction relief procedures which limit repetitive
challenges by convicted offenders.
(9) An analysis of State law regarding the application of
adult sentencing laws to juvenile offenders charged with the
crimes listed in section 4(b)(1) of this Act.
(10) An analysis of the State prison capacity and whether
court orders limit, or otherwise impact such capacity and
whether a lack of capacity impacts sentencing or release
decisions at the judicial or administrative level.
SEC. 5. STATE SENTENCING SYSTEMS.
(a) In General.--Each State, in order to comply with this Act, must
submit for approval a plan to the Attorney General that evaluates the
criminal sentencing system and, if necessary, creates a sentencing
system which complies with the requirements of subsection (b).
(b) State Sentencing System.--In addition to responding to the
reporting requirement of section 4(b) of this Act, the State, in a
subsequent report to the Attorney General, shall describe in detail any
changes in the State's criminal sentencing system designed to meet the
requirements of this Act. The elements of a sentencing system that the
States must have in order to be in compliance with this Act shall
include at least the following:
(1) State constitutional or statutory authority for
pretrial detention of dangerous criminals.
(2) Mandatory minimum prison sentences, which do not allow
probation or suspension of sentence, for violent offenders or
repeat offenders who--
(A) intentionally or knowingly inflict serious
physical injury;
(B) use or exhibit deadly weapons in the commission
of the crimes listed in section 4(b)(1) of this Act.
(C) commit violent or sexual offenses against
children; and
(D) commit sexual assault.
(3) Mandatory life sentence with no release for third or
subsequent conviction of violent crime.
(4) Truth in sentencing provisions which restrict parole,
good-time credit release for violent offenders, or other forms
of early release to not more than a total reduction of 15
percent of the sentence imposed.
(5) State constitutional or statutory provisions which
guarantee to victims the right to be informed, present, and
heard at all critical stages of the criminal case, and
provisions to ensure the collection, tracking, and enforcement
of restitution from the offender in all cases involving
economic loss to the victim.
SEC. 6. FUNDING AND COMPLIANCE.
(a) Funding.--There shall be available to carry out the purposes of
this Act, for fiscal year 1994, $1,000,000; for fiscal year 1995,
$1,500,000; for fiscal year 1996, $2,000,000; for fiscal year 1997,
$2,500,000; and for fiscal year 1998, $3,000,000; from amounts
appropriated for foreign operations during such fiscal years
(specifically from the amounts allocated for the Multilateral
Development Banks, the International Development Association, the
Agency for International Development, Public Law 83-480, and the
Export-Import Development Bank) and from amounts appropriated from
Federal land purchases and from amounts appropriated for trade
promotion activities and travel and tourism activities.
(b) Federal Share.--The Federal share of a grant made under this
Act may not exceed 50 percent of the total costs of the projects which
receive funds under this Act.
(c) Compliance.--Beginning 3 years after the date of enactment of
this Act, the Attorney General shall eliminate funding to a State that
does not comply with the requirements of this Act. | Violent and Repeat Offender Accountability Act of 1993 - Requires each State, to be eligible for funds under this Act, to conduct and report to the Attorney General on a systematic review of its criminal sentencing laws and practices, including analyses related to: (1) the State statutory criminal sentencing scheme; (2) sentences actually imposed for specified crimes; (3) time actually served; (4) practices and procedures relating to probation, parole, and other alternatives to incarceration; (5) restitution; (6) pretrial detention; (7) victims rights; (8) post-conviction relief procedures; (9) application of adult sentencing laws to juvenile offenders; and (10) prison capacity.
Directs each State to submit to the Attorney General for approval a plan that evaluates the criminal sentencing system and, if necessary, creates a sentencing system which provides for: (1) State constitutional or statutory authority for pretrial detention of dangerous criminals; (2) mandatory minimum prison sentences which do not allow probation or suspension of sentence, for certain violent or repeat offenders; (3) mandatory life sentence with no release for a third or subsequent conviction of a violent crime; (4) provisions which restrict parole, good-time credit release for violent offenders, or other early release to not more than a total reduction of 15 percent of the sentence imposed; and (5) State constitutional or statutory provisions which guarantee victims the right to be informed, present, and heard at all critical stages of the criminal case, and to ensure the collection, tracking, and enforcement of restitution from the offender in all cases involving economic loss to the victim.
Makes funds available for this Act from amounts appropriated for foreign operations, for trade promotion, travel, and tourism activities, and for Federal land purchases.
Limits the Federal share of grants made under this Act to 50 percent of total project costs. | {"src": "billsum_train", "title": "Violent and Repeat Offender Accountability Act of 1993"} | 1,880 | 402 | 0.559844 | 1.84231 | 0.682617 | 5.167116 | 4.792453 | 0.967655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Original Saint-Gaudens Double Eagle
Ultra-High Relief Bullion Coin Act of 2009''.
SEC. 2. PALLADIUM COIN.
Section 5112 of title 31, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(12) A $20 coin that--
``(A) is 27 millimeters in diameter;
``(B) weighs 1 ounce;
``(C) is of an appropriate thickness, as determined
by the Secretary; and
``(D) bears, on the obverse and reverse, the
designs of the famous 27-millimeter version of the 1907
Augustus Saint-Gaudens Double Eagle gold piece, as
described in subsection (u).''; and
(2) by adding at the end, the following new subsection:
``(u) Original Saint-Gaudens Double Eagle Ultra-high Relief
Numismatic Coins and Bullion Investment Coins.--
``(1) In general.--Beginning in 2009, the Secretary shall
commence minting and issuing for sale--
``(A) such number of $20 bullion investment coins
as the Secretary may determine to be appropriate, that
bear the design described in paragraph (2); and
``(B) not more than 15,000 of the numismatic $20
coins that bear the design and meet the requirements of
paragraph (3).
``(2) Design and requirements for bullion investment
coins.--
``(A) In general.--Except as provided under
subparagraph (B), the obverse and reverse of the coins
minted and issued pursuant to paragraph (1)(A) shall
bear a likeness of the original obverse and reverse
designs by Augustus Saint-Gaudens which appear on the
famous 27-millimeter version of the 1907 Double Eagle
ultra-high relief gold piece.
``(B) Variations.--The coins referred to in
subparagraph (A) shall--
``(i) have inscriptions of the weight of
the coin and the purity of the alloy in the
coin raised on the edge of the coin;
``(ii) bear the nominal denomination of the
coin;
``(iii) bear the date of issue of the coin
on the obverse, expressed as a Roman numeral as
in the original design; and
``(iv) bear such other inscriptions,
including `In God We Trust', as the Secretary
determines to be appropriate and in keeping
with the original design.
``(C) Mint facility.--Any facility of the United
States Mint may be used to strike coins minted pursuant
to paragraph (1)(A) other than the United States mint
at West Point, New York.
``(3) Design and requirements for ultra-high relief
numismatic coins.--
``(A) In general.--Subject to subparagraph (B), the
obverse and reverse of the coins minted and issued
pursuant to paragraph (1)(B) shall bear exact replicas
of the original obverse and reverse designs by Augustus
Saint-Gaudens which appear on the famous 27-millimeter
version of the 1907 Double Eagle ultra-high relief gold
piece and the edge of the coin shall have all
appropriate raised lettering in the same manner as the
original coin.
``(B) Variations.--The coins referred to in
subparagraph (A) shall--
``(i) bear a single finish that most
closely approximates the finish of the original
gold 1907 ultra-high relief gold piece as is
practicable;
``(ii) bear the nominal denomination of the
coin;
``(iii) bear the date of issue of the coin
on the obverse, expressed as a Roman numeral as
in the original design; and
``(iv) bear such other inscriptions,
including `In God We Trust', as the Secretary
determines to be appropriate and in keeping
with the original design.
``(C) Mint facility.--Coins minted pursuant to
paragraph (1)(B) may only be struck at the United
States mint at West Point, New York.
``(D) Fractional coins prohibited.--No coins issued
under this subsection shall be made available as so-
called `fractional' coins.
``(4) Distribution in sets and other coordination
requirements.--If the Secretary chooses, in accordance with
subsection (i), to mint and issue a gold bullion coin that
bears the same design as the ultra-high relief numismatic coins
described in paragraph (1)(B)--
``(A) each palladium coin issued under paragraph
(1)(B) may only be issued in a set containing 1 of each
such coins;
``(B) each set of coins described in subparagraph
(A) shall be provided in a presentation case of
appropriate design;
``(C) the set described in subparagraph (A) may
only be issued and sold in 2009;
``(D) gold coins issued in any set described in
subparagraph (A) may only be struck at the United
States mint at West Point, New York and no other gold
coin issued by the Secretary that bears the same design
as the ultra-high relief numismatic coins described in
paragraph (1)(B) may be struck at such mint at West
Point; and
``(E) no gold coin that bears the same design as
the ultra-high relief numismatic coins described in
paragraph (1)(B) shall be made available as so-called
`fractional' coins.
``(5) Composition.--
``(A) In general.--The coins minted under this
subsection shall contain .995 pure palladium.
``(B) Source of bullion.--
``(i) In general.--The Secretary shall
acquire bullion for the palladium coins issued
under this subsection by purchase of palladium
mined from natural deposits in the United
States, or in a territory or possession of the
United States, within the 1-year period before
the coins are minted.
``(ii) Price of bullion.--The Secretary
shall pay not more than the average world price
for the palladium under subparagraph (A).
``(6) Sale of coins.--Each coin issued under this
subsection shall be sold for an amount the Secretary determines
to be appropriate, but not less than the sum of--
``(A) the nominal denomination of the coin;
``(B) the market value of the bullion at the time
of sale; and
``(C) the cost of designing and issuing the coins,
including labor, materials, dies, use of machinery,
overhead expenses, marketing, distribution, and
shipping.
``(7) Legal tender.--The coins minted under this subsection
shall be legal tender, as provided in section 5103.
``(8) Treatment as numismatic items.--For purposes of
section 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(9) Quality.--The Secretary may issue the coins described
in paragraph (1)(A) in both proof and uncirculated versions.
``(10) Protective and anti-counterfeiting cover.--
``(A) In general.--The Secretary shall give strong
consideration to making the coins described in this
subsection available only in protective covers that
preserve the coins in the condition in which they are
issued, allow clear and easy viewing of the obverse,
reverse, and sides of the coin and protect it from
movement within the holder, and also protect against
counterfeiting of such coins or of the container.
``(B) Acquisition.--The Secretary may elect to
comply with subparagraph (A) by producing and
assembling such protective covers within the United
States Mint or by contracting for the installation of
such covers.
``(11) Further anti-counterfeiting measures.--
``(A) Report required.--In an attempt to forestall
the counterfeiting or marketing of the coins described
in this section, including this subsection, and of
collectible, numismatic and rare coins in general, the
Comptroller General shall, after consulting with the
Director of the United States Secret Service and the
Federal Trade Commission, and in consultation with
hobbyists, numismatists, law enforcement agencies, and
the Citizens Coinage Advisory Committee, shall submit
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate, before the end of the
9-month period beginning on the date of the enactment
of the Original Saint-Gaudens Double Eagle Ultra-High
Relief Bullion Coin Act, a report detailing the extent
of counterfeiting of rare, collectible or numismatic
coins made available for sale in the United States,
regardless of the country where the original of such
coin was produced or of the country in which the
counterfeiting takes place, or sales overseas if such
counterfeit coins are unauthorized copies of coins
originally produced by the United States Mint.
``(B) Contents of report.--The report submitted
under subparagraph (A) shall describe--
``(i) the extent of such counterfeiting of
coins and numismatic items;
``(ii) the source of such counterfeiting,
if known, including which countries may be the
origin of such counterfeits if they are
produced outside the United States;
``(iii) the distribution and marketing
channels for such counterfeits within and
without the United States;
``(iv) the effect of any such
counterfeiting on hobbyists, numismatists and
on the investment opportunities for bullion or
numismatic coins produced by the United States
Mint;
``(v) whether such counterfeiting extends
to the counterfeiting of coin-grading or
protective materials in such a way that might
imply that the counterfeit inside had been
examined and authenticated by a reputable coin-
grading firm; and
``(vi) such recommendations for legislative
or administrative action as the Comptroller
General may determine to be appropriate to
curtail or forestall any such
counterfeiting.''. | Original Saint-Gaudens Double Eagle Ultra-High Relief Palladium Bullion Coin Act of 2009 - Authorizes the Secretary of the Treasury to mint and issue a $20 coin that bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle ultra-high relief gold piece.
Authorizes the Secretary to commence minting and issuing such coins for sale, beginning in 2009, in: (1) an appropriate number of $20 bullion investment coins meeting specified requirements; and (2) up to 15,000 ultra-high relief numismatic $20 coins meeting certain other requirements. Requires all coins to be minted at West Point, New York.
Prohibits numismatic coins from being made available as so-called "fractional" coins.
Requires the Secretary to take specified protective and anti-counterfeiting measures.
Instructs the Treasury Inspector General to report to certain congressional committees on the extent of counterfeiting of rare, collectible, or numismatic coins for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the U.S. Mint. | {"src": "billsum_train", "title": "To authorize the production of Saint-Gaudens Double Eagle ultra-high relief bullion coins in palladium to provide affordable opportunities for investments in precious metals, and for other purposes."} | 2,282 | 294 | 0.690658 | 2.034407 | 0.750317 | 4.866109 | 8.60251 | 0.899582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Zero Act of 2015''.
SEC. 2. VISION ZERO PLANNING GRANTS.
(a) In General.--The Secretary of Transportation is authorized to
award grants to eligible entities to develop a plan, known as a Vision
Zero plan, to eliminate transportation-related fatalities and serious
injuries in the jurisdiction of such entity within 10 years.
(b) Application.--To be eligible for a grant under this section, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information and assurances as
the Secretary may require.
(c) Plan Contents.--The Vision Zero plan described in subsection
(a) shall include--
(1) a description of projects or policies intended to
eliminate transportation-related fatalities and serious
injuries within 10 years using existing transportation and
health data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such projects or policies;
(3) a description of how such policies, projects, and
enforcement will--
(A) equitably address the safety needs of low-
income and minority communities;
(B) ensure that such communities are not
disproportionately targeted by law enforcement; and
(C) protect the rights of members of such
communities with respect to title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(4) a description of the required involvement of various
subdivisions of a unit of local government in the
implementation of the plan, including subdivisions in charge of
law enforcement, public health, and public works; and
(5) a description of a mechanism to evaluate progress of
the implementation of the plan, including the gathering and use
of transportation safety and demographic data.
SEC. 3. VISION ZERO GRANT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation may award grants to not
more than 5 eligible entities to support the implementation of a Vision
Zero plan to eliminate transportation-related fatalities and serious
injuries in the jurisdiction of such entity within 10 years.
(b) Application.--To be eligible for a grant under this section, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information and assurances as
the Secretary may require.
(c) Vision Zero Plan Required.--To be eligible for a grant under
this section, an eligible entity shall have in effect a Vision Zero
plan that meets the requirements of section 2(c).
(d) Selection Criteria.--In selecting from among eligible entities
to receive grants under subsection (a), the Secretary shall consider,
at a minimum, the extent to which an entity--
(1) provided an opportunity for public input in the
development of the plan;
(2) considered existing plans and planning processes in the
drafting of the vision zero plan;
(3) structured the plan to meet performance measures as
described in section 150(c) of title 23, United States Code;
(4) demonstrates broad community support for the plan,
including the commitment of community leaders to successful
implementation of the plan; and
(5) demonstrates the availability of State, local, or
Federal funds, in addition to Federal funds made available
under this section, for implementation of the plan.
(e) Funding Limitations.--
(1) Population limitation.--Not less than 25 percent of the
funds made available to carry out this section shall be used to
make grants to eligible entities that serve a jurisdiction with
a population of fewer than 200,000 individuals.
(2) Federal share.--
(A) In general.--Except as provided by subparagraph
(B), the Federal share of the cost of a project or
activity carried out using grant funds made available
under this section may not exceed 80 percent.
(B) Funds from other federal sources.--Amounts made
available to an eligible entity under another Federal
program may be credited toward the non-Federal share of
the cost of a project or activity described in
subparagraph (A), at the option of the eligible entity.
SEC. 4. ELIGIBLE ENTITY DEFINED.
In this Act, the term ``eligible entity'' means a unit of local
government including a city, town, township, borough, county, parish,
district, village, or other political subdivision of a State.
SEC. 5. REPORT.
Not later than 2 years after the final grant is awarded under this
Act, the Secretary shall submit to Congress, and make available to the
public, a report on the progress of the projects and activities carried
out using the grants including--
(1) a breakdown of infrastructure and noninfrastructure
projects;
(2) demographic data, in the aggregate, with respect to
individuals charged with a violation of law referenced in the
vision zero plan of an eligible entity that received a grant
under this Act; and
(3) best practices from the eligible entities that received
a grant under section 3.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, for each of fiscal years
2016 through 2020, $5,000,000 to carry out section 2 and $25,000,000 to
carry out section 3. | Vision Zero Act of 2015 This bill authorizes the Secretary of Transportation to award grants to a city, town, township, borough, county, parish, district, village, or other political subdivision of a state to develop a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in its jurisdiction within 10 years. The total number of grants awarded is limited to 5. At least 25% of funds made available for this Act shall be used to make grants to eligible entities serving a jurisdiction with a population of under 200,000. The federal share of projects costs shall not exceed 80%. | {"src": "billsum_train", "title": "Vision Zero Act of 2015"} | 1,140 | 124 | 0.609932 | 1.60956 | 0.583856 | 4.886957 | 9.452174 | 0.904348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Oil Spill Research and
Prevention Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is an Arctic nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature which includes the Bering Sea and Aleutian
Islands.
(2) The Arctic region of the United States--
(A) is home to an indigenous population which has
subsisted for millennia on the abundance in marine
mammals, fish, and wildlife, many of which are unique
to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) The dynamic and harsh conditions of working in the
Arctic Ocean could significantly increase the risk of a
maritime accident.
(8) The environmental effects of Arctic oil development
require continued study and technological improvement, and oil
spill response assets in the United States Arctic are minimal.
(9) Research into the recovery of oil in Arctic waters is
essential to United States environmental preparedness and
maritime security.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to enhance the readiness of the United States to
respond to a maritime accident in the Arctic;
(2) to enhance the understanding of the behavior of oil in
cold water and ice; and
(3) to advance the science, technology, and response
capabilities of preventing, treating, and recovering oil
spilled in the Arctic waters.
SEC. 4. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.
The Commandant of the Coast Guard shall assess and take action to
reduce the risk and improve the United States capability to respond to
a maritime disaster in the United States Beaufort and Chukchi Sea. Such
assessment and actions shall include the prioritization of resources to
address--
(1) oil spill response capabilities and infrastructure,
including oil spill trajectory models;
(2) coordinating contingency plans and agreements with
other agencies and departments of the United States, industry,
and foreign governments to respond to an Arctic oil spill;
(3) expansion of search and rescue capabilities,
infrastructure, and logistics, including improvements of the
Search and Rescue Optimal Planning System (SAROPS);
(4) provisional designation of ports and harbors of refuge;
(5) evaluation and enhancement of navigational
infrastructure;
(6) evaluation and enhancement of vessel monitoring and
communications infrastructure; and
(7) integration of local and traditional knowledge and
concerns into prevention and response strategies.
SEC. 5. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.
The Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration and in collaboration
with the heads of other agencies or departments of the United States
with appropriate Arctic science expertise, shall direct research and
take action to improve the United States ability to conduct oil spill
prevention, response, and recovery in Arctic waters. Such research and
action shall include the prioritization of resources--
(1) to address--
(A) ecological baselines and Environmental
Sensitivity Indexes;
(B) identification of ecological important areas,
critical habitats, and migratory behaviors;
(C) improvements in oil technologies for collecting
observational data essential for safe navigation and
response strategies in the event of an oil spill in
both open water and ice-covered seasons, including data
related to currents, winds, weather, waves,
environmental spill monitoring, and ice forecasting;
(D) development of a robust operational monitoring
program during the open water and ice-covered seasons;
(E) improvements in technologies and understanding
of cold water oil recovery and restoration; and
(F) the integration of local and traditional
knowledge into oil recovery research studies; and
(2) to conduct hydrographic and bathymetric surveys and
improve navigational charting of Arctic waters.
SEC. 6. RISK ASSESSMENT.
(a) Requirement for Risk Assessment.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Commerce shall
request that the National Research Council conduct a risk assessment to
identify and evaluate existing spill prevention and response standards
and develop recommendations that will enhance safety and lessen the
potential adverse environmental impacts of industrial activities in
Arctic waters. Such assessment shall include the recommendations of the
National Research Council to identify a comprehensive suite of
measures, based on the best available technology, designed to prevent
and respond to oil spills in the Arctic.
(b) Consultation.--The Secretary of Commerce shall consult with the
Commandant of the Coast Guard, the Administrator of the Environmental
Protection Agency, the Director of the Minerals Management Service, and
the Director of the United States Fish and Wildlife Service in
preparing the specifications for the risk assessment described in
subsection (a).
(c) Submission to Congress.--The National Research Council shall
submit to Congress the risk assessment described in subsection (a).
SEC. 7. FUNDING FOR ARCTIC OIL SPILL RESEARCH AND DEVELOPMENT.
(a) Oil Pollution Act of 1990.--Section 7001 of the Oil Pollution
Act of 1990 (33 U.S.C. 2761) is amended--
(1) in subsection (f)--
(A) in the first sentence, by striking ``Not'' and
inserting ``In addition to the amounts made available
pursuant to subsection (g), not''; and
(B) in the flush text following paragraph (2), by
striking ``All'' and inserting ``Except for those
activities authorized in subsection (g),''; and
(2) by adding at the end the following new subsection:
``(g) Arctic Oil Spill Research and Development.--Not to exceed
$8,150,000 of amounts in the Fund shall be available annually for
Arctic oil spill research and development for fiscal years 2010, 2011,
2012, 2013, and 2014. Of such sums--
``(1) $2,150,000 annually shall be available to the Coast
Guard, of which $150,000 annually shall be available to Coast
Guard for the expenses of the Interagency Coordinating
Committee in Oil Pollution Research with regard to activities
associated with Arctic oil spill research and development;
``(2) $2,000,000 annually shall be available to the
National Oceanic and Atmospheric Administration;
``(3) $2,000,000 annually shall be available to the
Environmental Protection Agency; and
``(4) $2,000,000 annually shall be available to the
Minerals Management Service.''.
(b) Conforming Amendment.--Section 1012(a)(5)(C) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(C)) is amended by striking
``$27,250,000'' and inserting ``$35,400,000''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 2011
through 2015 to carry out this Act--
(1) to the Secretary of the department in which the Coast
Guard is operating, $15,000,000 for infrastructure and
operational activities; and
(2) to the Secretary of Commerce, $15,000,000. | Arctic Oil Spill Research and Prevention Act of 2009 - Directs the Commandant of the Coast Guard to assess and take action to reduce the risk of, and improve the U.S. capability to respond to, a maritime disaster in the United States Beaufort and Chukchi Sea, including the prioritization of resources to address such issues as: (1) oil spill response capabilities and infrastructure; (2) coordinating contingency plans and agreements with U.S. agencies, industry, and foreign governments to respond to an Arctic oil spill; and (3) expansion of search and rescue capabilities, infrastructure, and logistics.
Directs the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and in collaboration with other agencies with appropriate Arctic science expertise, to direct research and take action to improve the U.S. ability to conduct oil spill prevention, response, and recovery in Arctic waters.
Requires the Secretary to request that the National Research Council conduct a risk assessment to identify and evaluate existing spill prevention and response standards and develop recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters.
Amends the Oil Pollution Act of 1990 to make specified sums in the Oil Spill Liability Trust Fund available annually to the Coast Guard, NOAA, the Environmental Protection Agency (EPA), and the Minerals Management Service for Arctic oil spill research and development for FY2010-FY2014. | {"src": "billsum_train", "title": "A bill to enhance the readiness of the United States to deal with increased maritime and development activity in the Arctic as a result of climate change, and for other purposes."} | 1,764 | 305 | 0.545712 | 1.611396 | 0.773451 | 5.83209 | 6.324627 | 0.929104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Fairness in Reimbursement
Act of 2001''.
SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE
FEE-FOR-SERVICE PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``improving fairness of payments under the original medicare fee-for-
service program
``Sec. 1897. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to entities and
individuals for items and services provided under the original medicare
fee-for-service program under parts A and B.
``(b) System Requirements.--
``(1) Adjustments.--Under the system described in
subsection (a), the Secretary (beginning in 2002) shall make
the following adjustments:
``(A) Certain states above national average.--If a
State average per beneficiary amount for a year is
greater than 105 percent (or 110 percent in the case of
the determination made in 2001) of the national average
per beneficiary amount for such year, then the
Secretary shall reduce the amount of applicable
payments in such a manner as will result (as estimated
by the Secretary) in the State average per beneficiary
amount for the subsequent year being at 105 percent (or
110 percent in the case of payments made in 2002) of
the national average per beneficiary amount for such
subsequent year.
``(B) Certain states below national average.--If a
State average per beneficiary amount for a year is less
than 95 percent (or 90 percent in the case of the
determination made in 2001) of the national average per
beneficiary amount for such year, then the Secretary
shall increase the amount of applicable payments in
such a manner as will result (as estimated by the
Secretary) in the State average per beneficiary amount
for the subsequent year being at 95 percent (or 90
percent in the case of payments made in 2002) of the
national average per beneficiary amount for such
subsequent year.
``(2) Determination of averages.--
``(A) State average per beneficiary amount.--Each
year (beginning in 2001), the Secretary shall determine
a State average per beneficiary amount for each State
which shall be equal to the Secretary's estimate of the
average amount of expenditures under the original
medicare fee-for-service program under parts A and B
for the year for a beneficiary enrolled under such
parts that resides in the State
``(B) National average per beneficiary amount.--
Each year (beginning in 2001), the Secretary shall
determine the national average per beneficiary amount
which shall be equal to the average of the State
average per beneficiary amounts determined under
subparagraph (B) for the year.
``(3) Definitions.--In this section:
``(A) Applicable payments.--The term `applicable
payments' means payments made to entities and
individuals for items and services provided under the
original medicare fee-for-service program under parts A
and B to beneficiaries enrolled under such parts that
reside in the State.
``(B) State.--The term `State' has the meaning
given such term in section 210(h).
``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not effect--
``(1) the entitlement to items and services of a
beneficiary under this title, including the scope of such items
and services; or
``(2) any liability of the beneficiary with respect to such
items and services.
``(d) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Medicare Payment Advisory Commission, shall promulgate
regulations to carry out this section.
``(2) Protecting rural communities.--In promulgating the
regulations pursuant to paragraph (1), the Secretary shall give
special consideration to rural areas.
``(e) Budget Neutrality.--The Secretary shall ensure that the
provisions contained in this section do not cause the estimated amount
of expenditures under this title for a year to increase or decrease
from the estimated amount of expenditures under this title that would
have been made in such year if this section had not been enacted.''.
SEC. 3. IMPROVING FAIRNESS OF PAYMENTS FOR PHYSICIANS' SERVICES UNDER
THE MEDICARE FEE-FOR-SERVICE PROGRAM.
(a) Adjustment to Geographic Indices Under the Physician Fee
Schedule.--Section 1848(e)(1) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)) is amended--
(1) in subparagraph (A), by striking ``(B) and (C)'' and
inserting (B), (C), and (D)'' in the matter preceding clause
(i);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) Floor and ceiling on geographic indices.--If
any index established under clause (i), (ii), or (iii)
of subparagraph (A) or under subparagraph (B), after
application of the second sentence of subparagraph (C),
is--
``(i) less that 0.950, the Secretary shall
increase such index to 0.950; and
``(ii) greater that 1.05, the Secretary
shall reduce such index to 1.05.''.
(b) Budget Neutrality Adjustment for Application of Floor and
Ceiling on Geographic Adjustment.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by striking ``The conversion'' and
inserting ``Subject to paragraph (5), the conversion''; and
(2) by adding at the end the following new paragraph:
``(5) Budget neutrality adjustment for application
of floor and ceiling on geographic adjustment.--Before
applying an update for a year under this subsection,
the Secretary shall (if necessary) provide for an
adjustment to the conversion factor for that year to
ensure that the aggregate payments under this part in
that year shall be equal to aggregate payments that
would have been made under such part in that year if
subsection (e)(1)(D) had not been enacted.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments for items and services provided on and after January
1, 2002. | Medicare Fairness in Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to instruct the Secretary of Health and Human Services to establish a system for making adjustments to payments for items and services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 105 percent of the national average; or (2) less than 95 percent of the national average. Authorizes the Secretary to make specified related adjustments to geographic indices under the Medicare physician fee schedule in certain circumstances. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve the provision of items and services provided to medicare beneficiaries residing in rural areas."} | 1,489 | 128 | 0.641592 | 1.77062 | 0.567801 | 2.945946 | 12 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Max Cleland Over-the-Road Bus
Security and Safety Act of 2003''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Homeland Security acting through
the Administrator of the Transportation Security Administration, shall
establish a program for making grants to private operators of over-the-
road buses for system-wide security improvements to their operations,
including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Select Committee on Homeland Security
of the House of Representatives, a preliminary report in accordance
with the requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There are authorized to be appropriated to the Secretary of
Homeland Security to carry out this Act $25,000,000 for fiscal year
2003 and $99,000,000 for fiscal year 2004. Such sums shall remain
available until expended.
Passed the Senate July 30 (legislative day, July 21), 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 929
_______________________________________________________________________
AN ACT
To direct the Secretary of Transportation to make grants for security
improvements to over-the-road bus operations, and for other purposes. | Max Cleland Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Authorizes the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration (TSA), to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001. Sets the Federal share of cost for such grants at 90 percent.
(Sec. 3) Requires: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that the applicant has coordinated such improvements for the terminal with the entity.
(Sec. 4) Defines "over-the-road bus" as a bus characterized by an elevated passenger deck located over a baggage compartment.
(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of the over-the-road bus security grant program.
(Sec. 6) Authorizes appropriations for FY 2003 and 2004. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes."} | 1,230 | 279 | 0.684671 | 2.193098 | 0.887578 | 4.813765 | 5.048583 | 0.927126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Emergency Protocol and Hull
Requirement Act of 2008''.
SEC. 2. RESPONSE STANDARDS.
(a) In General.--Subtitle B of title IV of the Oil Pollution Act of
1990 (33 U.S.C. 1321 note; Public Law 101-380) is amended--
(1) by inserting before section 4201 the following:
``PART I--REMOVAL AUTHORITY AND RESPONSE SYSTEM'';
and
(2) by adding at the end the following:
``PART II--RESPONSE STANDARDS
``SEC. 4211. MARINE EMERGENCY PROTOCOL.
``(a) Definitions.--In this section:
``(1) Condition of enhanced danger.--The term `condition of
enhanced danger' means--
``(A) a period beginning 24 hours before and ending
72 hours after--
``(i) the commission of an act of terror in
the United States; or
``(ii) an attack on the United States from
a foreign or domestic enemy;
``(B) a period of dangerously low visibility at sea
or in port, as determined by the Secretary of Homeland
Security;
``(C) a period of not more than 72 hours after--
``(i) an oil spill of more than 5,000
gallons; or
``(ii) the discharge of a hazardous
material that poses a significant health or
environmental threat to the sector; or
``(D) any other period during which the Secretary
of Homeland Security determines that a condition of
enhanced danger exists.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given the term in section 154.105 of title 33,
Code of Federal Regulations (or a successor regulation).
``(3) Health or environmental threat.--The term `health or
environmental threat' has such meaning as shall be given the
term by the Secretary.
``(4) Sector.--The term `sector' means a shore-based
operational unit of the Coast Guard.
``(5) Sector commander.--The term `Sector Commander' means
the commanding officer of a sector.
``(b) Emergency Protocol.--
``(1) In general.--During any condition of enhanced danger,
the appropriate Sector Commander shall assume direct authority
over all vessels within the area under the command of the
Sector Commander to ensure the safe navigation of dangerous
waterways.
``(2) Authority.--In carrying out paragraph (1), a Sector
Commander shall have the authority, with respect to the sector
under the command of the Sector Commander--
``(A) to order the immediate halt of all vessel
traffic into and out of the sector;
``(B) to order the immediate halt of an individual
vessel;
``(C) to order a vessel in transit to change
course, dock at a safe harbor, or return to port; and
``(D) to issue any other orders to ensure the
health and safety of the individuals located in, and
the environment of, the sector.
``SEC. 4212. STATE AUTHORITY.
``Nothing in this part limits or otherwise preempts any State from
establishing a law (including a regulation) regarding any matter
covered by this part that is more stringent than the authority provided
by this part.''.
(b) Conforming Amendment.--The table of contents of the Oil
Pollution Act of 1990 (33 U.S.C. 2701 note; Public Law 101-380) is
amended--
(1) by inserting before the item relating to section 4201
the following:
``PART I--Removal Authority and Response System'';
and
(2) by adding at the end of the items relating to part I of
subtitle B of title IV (as designated by this section) the
following:
``Sec. 4211. Marine emergency protocol.
``Sec. 4212. State authority.''.
SEC. 3. HULL REQUIREMENTS FOR FUEL TANKS OF CARGO VESSELS CARRYING OIL
AS FUEL.
Section 3703a of title 46, United States Code, is amended by adding
at the end the following:
``(f) Hull Requirements for Fuel Tanks of Cargo Vessels.--
``(1) Definition of cargo vessel.--
``(A) In general.--In this subsection, the term
`cargo vessel' means a cargo vessel (other than a tank
vessel that is subject to subsections (a) through (e))
that carries a significant (as determined by the
Secretary) quantity of oil or petroleum-based fuel, in
a fuel tank on the vessel, to be used for the purpose
of powering the cargo vessel.
``(B) Exclusions.--The term `cargo vessel' does not
include--
``(i) any naval vessel described in chapter
633 of title 10, United States Code;
``(ii) any other vessel under the
jurisdiction or control of the Secretary of the
Navy; or
``(iii) any vessel described in subsection
(b).
``(2) Standards.--Subject to paragraphs (3) through (5), a
cargo vessel may not operate in the navigable waters or the
Exclusive Economic Zone of the United States unless the fuel
tanks of the cargo vessel are equipped with a double hull, or
with a double containment system determined by the Secretary to
be as effective as a double hull, for the prevention of a
discharge of oil or petroleum-based fuel from the fuel tanks.
``(3) Applicability.--Except as provided in paragraph (5),
paragraph (2) shall apply--
``(A) beginning on the date of enactment of this
subsection, with respect to--
``(i) a cargo vessel of less than 5,000
gross tons as measured under section 14502, or
an alternate tonnage measured under section
14302, as prescribed by the Secretary under
section 14104;
``(ii) a cargo vessel of less than 5,000
gross tons that had its appraised salvage value
determined by the Coast Guard before June 30,
2008, and that qualifies for documentation as a
wrecked cargo vessel under section 12112; and
``(iii) any cargo vessel that is not
described in subparagraph (B) or (C);
``(B) in the case of a cargo vessel of at least
5,000 gross tons but less than 15,000 gross tons as
measured under section 14502, or an alternate tonnage
measured under section 14302, as prescribed by the
Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 40 years old or older and has a
single-hulled fuel tank, or is 45 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 39 years old or older and has a
single-hulled fuel tank, or is 44 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 38 years old or older and has a
single-hulled fuel tank, or is 43 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 37 years old or older and has a
single-hulled fuel tank, or is 42 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 36 years old or older and has a
single-hulled fuel tank, or is 41 years old or
older and has a double bottom or double sides;
``(vi) after January 1, 2019, if the cargo
vessel is 35 years old or older and has a
single-hulled fuel tank, or is 40 years old or
older and has a double bottom or double sides;
and
``(vii) after January 1, 2024, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
``(C) in the case of a cargo vessel of at least
15,000 gross tons but less than 30,000 gross tons as
measured under section 14502, or an alternate tonnage
measured under section 14302, as prescribed by the
Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 40 years old or older and has a
single-hulled fuel tank, or is 45 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 38 years old or older and has a
single-hulled fuel tank, or is 43 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 36 years old or older and has a
single-hulled fuel tank, or is 41 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 34 years old or older and has a
single-hulled fuel tank, or is 39 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 32 years old or older and has a
single-hulled fuel tank, or 37 years old or
older and has a double bottom or double sides;
``(vi) after January 1, 2019, if the cargo
vessel is 30 years old or older and has a
single-hulled fuel tank, or is 35 years old or
older and has a double bottom or double sides;
``(vii) after January 1, 2020, if the cargo
vessel is 29 years old or older and has a
single-hulled fuel tank, or is 34 years old or
older and has a double bottom or double sides;
``(viii) after January 1, 2021, if the
cargo vessel is 28 years old or older and has a
single-hulled fuel tank, or is 33 years old or
older and has a double bottom or double sides;
``(ix) after January 1, 2022, if the cargo
vessel is 27 years old or older and has a
single-hulled fuel tank, or is 32 years old or
older and has a double bottom or double sides;
``(x) after January 1, 2023, if the cargo
vessel is 26 years old or older and has a
single-hulled fuel tank, or is 31 years old or
older and has a double bottom or double sides;
and
``(xi) after January 1, 2024, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
and
``(D) in the case of a cargo vessel of at least
30,000 gross tons as measured under section 14502, or
an alternate tonnage measured under section 14302, as
prescribed by the Secretary under section 14104--
``(i) after January 1, 2014, if the cargo
vessel is 28 years old or older and has a
single-hulled fuel tank, or 33 years old or
older and has a double bottom or double sides;
``(ii) after January 1, 2015, if the cargo
vessel is 27 years old or older and has a
single-hulled fuel tank, or is 32 years old or
older and has a double bottom or double sides;
``(iii) after January 1, 2016, if the cargo
vessel is 26 years old or older and has a
single-hulled fuel tank, or is 31 years old or
older and has a double bottom or double sides;
``(iv) after January 1, 2017, if the cargo
vessel is 25 years old or older and has a
single-hulled fuel tank, or is 30 years old or
older and has a double bottom or double sides;
``(v) after January 1, 2018, if the cargo
vessel is 24 years old or older and has a
single-hulled fuel tank, or 29 years old or
older and has a double bottom or double sides;
and
``(vi) after January 1, 2019, if the cargo
vessel is 23 years old or older and has a
single-hulled fuel tank, or is 28 years old or
older and has a double bottom or double sides.
``(4) Age of cargo vessels.--For the purpose of this
subsection, the age of a cargo vessel shall be determined from
the latest of the date on which the cargo vessel--
``(A) is delivered after original construction;
``(B) is delivered after completion of a major
conversion; or
``(C) had its appraised salvage value determined by
the Coast Guard and is qualified for documentation as a
wrecked cargo vessel under section 12112.
``(5) New vessels.--A new cargo vessel that is delivered
during the period beginning on the date of enactment of this
section and ending on December 31, 2009, and that carries more
than 600 cubic meters of oil to be used as fuel for the cargo
vessel may not operate in the navigable waters or the Exclusive
Economic Zone of the United States unless the cargo vessel--
``(A) is equipped with a double-hulled fuel tank;
and
``(B) otherwise meets the requirements described in
regulation 12A under annex I of the Protocol of 1978
relating to the International Convention for the
Prevention of Pollution From Ships, 1973, done at
London on February 17, 1978.''. | Marine Emergency Protocol and Hull Requirement Act of 2008 - Amends the Oil Pollution Act of 1990 to authorize the Coast Guard's appropriate sector commander, during a time of a terrorist or enemy attack, dangerously low visibility at sea or in port, an oil spill over 5,000 gallons, or any other period of enhanced danger as determined by the Secretary of Homeland Security, to assume direct authority over all vessels within the area and to issue any orders to ensure the health and safety of the individuals located in, and the environment of, the sector.
Declares that nothing in the amendments made by this Act limits or otherwise preempts any state from establishing a more stringent law or regulation.
Prohibits certain cargo vessels that carry a significant (as determined by the Secretary of the department in which the Coast Guard is operating) quantity of oil or petroleum-based fuel to power the vessel from operating in the navigable waters or the Exclusive Economic Zone (EEZ) of the United States without fuel tanks that have a double hull, or a double containment system as effective as a double hull, for the prevention of a fuel discharge. Phases in the prohibition over a specified period of years, based on vessel age and tonnage. | {"src": "billsum_train", "title": "A bill to amend the Oil Pollution Act of 1990 and title 46, United States Code, to establish a marine emergency protocol and requirements for double-hulling of vessel fuel tanks."} | 3,076 | 274 | 0.603342 | 1.639838 | 0.710436 | 4.2103 | 12.472103 | 0.914163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value in Supporting International
Tourism in the United States Act of 1998'' or ``Visit USA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the travel and tourism industry, as one of the Nation's
largest employers, has made a substantial contribution to the
health of the Nation's economy in that:
(A) the industry directly employs 7,000,000
Americans, throughout every region of the country,
heavily concentrated among small businesses, and
indirectly employs an additional 9,200,000 Americans,
for a total of 16,200,000 jobs;
(B) the industry ranks as the first, second, or
third largest employer in 32 States and the District of
Columbia, generating a total tourism-related annual
payroll of $127,900,000,000;
(C) the industry has become the Nation's third
largest retail sales industry, generating a total of
$489,000,000,000 each year in total expenditures; and
(D) in 1977 the industry generated $71,700,000,000
in tax revenues for Federal, State, and local
governments;
(2) through an effective public-private partnership,
Federal, State, and local governments and the travel and
tourism industry can successfully market the United States as
the premiere international tourist destination in the world;
(3) the private sector, States, and cities currently spend
more than $1,000,000,000 annually to promote particular
destinations within the United States to international
visitors;
(4) the more than $98,000,000,000 spent by more than
54,000,000 foreign visitors in the United States in 1997
generated a trade surplus in the service sector of more than
$26,000,000,000;
(5) 100 nations around the world spend hundreds of millions
of dollars annually to promote the visits of international
tourists to their countries, whereas the United States does not
expend Federal funds for this purpose;
(6) the United States will miss a major marketing
opportunity if it fails to aggressively compete for an
increased share of international tourism expenditures;
(7) in 1997, 17,900,000 more people visited France than the
United States;
(8) 92 percent of the tourism industry is composed of
small- and medium-sized businesses;
(9) a well-funded, well-coordinated international marketing
effort--developed and implemented by a joint public-private
sector effort--would help small and large businesses, as well
as State and local governments, share in the projected growth
of the international travel and tourism market in the 21st
century;
(10) Congress can increase the opportunities for attracting
international visitors and enhancing their stay in the United
States by--
(A) continuing the successful visa waiver pilot
program;
(B) improving international signage at airports,
seaports, land border crossings, highways, and bus,
train, and other public transit stations in the United
States;
(C) increasing the availability of multilingual
tourist information; and
(D) creating a toll-free, private sector operated,
emergency telephone number, staffed by multilingual
operators, to provide assistance to international
tourists;
(11) by establishing a satellite system of accounting for
travel and tourism, the Secretary of Commerce could provide
Congress and the President with objective, thorough data that
would help policymakers more accurately gauge the size and scope of the
domestic travel and tourism industry and its significant impact on the
health of the Nation's economy; and
(12) having established the United States National Tourism
Organization under the United States National Tourism
Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase
the United States share of the international tourism market by
developing a national travel and tourism strategy, Congress
should support a long-term marketing effort and other important
regulatory reform initiatives to promote increased
international travel to the United States.
(b) Purpose.--The purpose of this Act is to facilitate
international visitors' travel in the United States and promote an
international marketing program to make the United States the premiere
travel destination in the world.
TITLE I--INTERNATIONAL VISITOR INITIATIVES
SEC. 101. INTERNATIONAL VISITOR ASSISTANCE TASK FORCE.
(a) Establishment.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Commerce shall establish an
Intergovernmental Task Force for International Visitor Assistance
(hereafter in this section referred to as the ``Task Force'').
(b) Duties.--The Task Force shall examine--
(1) signage at facilities in the United States, including
airports, seaports, land border crossings, highways, and bus,
train, and other public transit stations, and shall identify
existing inadequacies and suggest solutions for such
inadequacies, such as the adoption of uniform standards on
international signage for use throughout the United States in
order to facilitate international visitors' travel in the
United States;
(2) the availability of multilingual travel and tourism
information and means of disseminating, at no or minimal cost
to the Government, such information; and
(3) the feasibility of establishing a toll-free, private
sector operated telephone number, staffed by multilingual
operators, to provide assistance to international tourists
coping with an emergency.
(c) Membership.--The Task Force shall be composed of the following
members:
(1) The Secretary of Commerce.
(2) The Secretary of State.
(3) The Secretary of Transportation.
(4) The Chair of the Board of Directors of the United
States National Tourism Organization.
(5) 1 representative from each of 4 organizations serving
on the United States National Tourism Organization Board of
Directors, chosen by consensus of the Board.
(6) Such other representatives of other Federal agencies
and private sector entities as may be determined to be
appropriate to the mission of the Task Force by the Chairman.
(d) Chairman.--The Secretary of Commerce shall be Chairman of the
Task Force. The Task Force shall meet at least twice each year. Each
member of the Task Force shall furnish necessary assistance to the Task
Force.
(e) Report.--Not later than 18 months after the date of the
enactment of this Act, the Chairman of the Task Force shall submit to
the President and to Congress a report on the results of the review
under subsection (b), including proposed amendments to existing laws or
regulations as may be appropriate to implement such recommendations.
SEC. 102. TRAVEL AND TOURISM INDUSTRY SATELLITE SYSTEM OF ACCOUNTING.
The Secretary of Commerce shall complete, as soon as may be
practicable, a satellite system of accounting for the travel and
tourism industry which will highlight the amounts spent for travel and
tourism.
TITLE II--INTERNATIONAL MARKETING PROGRAM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Subject to subsection (b), there are authorized
to be appropriated such sums as may be necessary for the purpose of
funding international promotional activities by the United States
National Tourism Organization to help brand, position, and promote the
United States as the premiere travel and tourism destination in the
world.
(b) Restrictions on Use of Funds.--None of the funds appropriated
under subsection (a) may be--
(1) disbursed until matching funds are committed by the
private sector--for each dollar collected from the private
sector, $1 in appropriated funds may be disbursed;
(2) used for the general and administrative expenses of
operating the United States National Tourism Organization;
(3) used for purposes other than researching and marketing
designed to promote the United States as the premiere travel
and tourism destination in the world.
The general and administrative expenses of the Organization shall be
borne by the private sector through such means as the Board of
Directors of the Organization shall determine.
(c) Report to Congress.--Not later than March 30 of each year in
which funds are made available under subsection (a), the Secretary
shall submit to the Committee on Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed report setting forth--
(1) an analysis of the impact of international tourism on
the United States economy, including, as specifically as
practicable, changes in the United States market share of
international tourism in general and as measured against
specific countries and regions;
(2) an analysis of the impact of expenditures made pursuant
to this section on international tourism on the United States
trade balance;
(3) an analysis of other relevant economic impacts as a
result of expenditures made pursuant to this section; and
(4) the expenditure of appropriated funds. | TABLE OF CONTENTS:
Title I: International Visitor Initiatives
Title II: International Marketing Program
Value in Supporting International Tourism in the United States Act of 1998 (or the Visit USA Act) -
Title I: International Visitor Initiatives
- Directs the Secretary of Commerce to establish an Intergovernmental Task Force for International Visitor Assistance. Requires the Task Force to: (1) examine, and report to the President and the Congress its recommendation on, signage at U.S. facilities (including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations); and (2) identify and suggest solutions to existing inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel here.
Requires the Task Force also to examine and report on: (1) the availability of multilingual travel and tourism information and means of disseminating such information; and (2) establishment of a toll-free, private-sector operated telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency.
Directs the Secretary to complete, as soon as practicable, a satellite system of accounting for the travel and tourism industry.
Title II: International Marketing Program
- Authorizes appropriations for U.S. National Tourism Organization international promotional activities. Prohibits the use of such funds for any purpose other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world. States that the Organization's general and administrative expenses shall be borne by the private sector. | {"src": "billsum_train", "title": "Visit USA Act"} | 1,827 | 359 | 0.527153 | 1.821252 | 0.671359 | 4.540123 | 5.429012 | 0.898148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SAFE-ID Act'' or the ``SAFE-ID
Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Business enterprise.--The term ``business enterprise''
means any organization, association, or venture established to
make a profit.
(2) Country with adequate privacy protection.--The term
``country with adequate privacy protection'' means a country
that has been certified by the Federal Trade Commission as
having a legal system that provides adequate privacy protection
for personally identifiable information.
(3) Health care business.--The term ``health care
business'' means any business enterprise or private, nonprofit
organization that collects or retains personally identifiable
information about consumers in relation to medical care,
including--
(A) hospitals;
(B) health maintenance organizations;
(C) medical partnerships;
(D) emergency medical transportation companies;
(E) medical transcription companies;
(F) banks that collect or process medical billing
information; and
(G) subcontractors, or potential subcontractors, of
the entities described in subparagraphs (A) through
(F).
(4) Personally identifiable information.--The term
``personally identifiable information'' includes, but is not
limited to, information such as--
(A) name;
(B) postal address;
(C) financial information;
(D) medical records;
(E) date of birth;
(F) phone number;
(G) e-mail address;
(H) social security number;
(I) mother's maiden name;
(J) password;
(K) state identification information; and
(L) driver's license number.
SEC. 3. TRANSMISSION OF INFORMATION.
(a) In General.--A business enterprise may transmit personally
identifiable information regarding a citizen of the United States to
any foreign affiliate or subcontractor located in a country that is a
country with adequate privacy protection.
(b) Consent Required.--A business enterprise may not transmit
personally identifiable information regarding a citizen of the United
States to any foreign affiliate or subcontractor located in a country
that is a country without adequate privacy protection unless--
(1) the business enterprise discloses to the citizen that
the country to which the information will be transmitted does
not have adequate privacy protection;
(2) the business enterprise obtains consent from the
citizen, before a consumer relationship is established or
before the effective date of this Act, to transmit such
information to such foreign affiliate or subcontractor; and
(3) the consent referred to in paragraph (2) is renewed by
the citizen within 1 year before such information is
transmitted.
(c) Liability.--A business enterprise shall be liable for any
damages arising from the improper storage, duplication, sharing, or
other misuse of personally identifiable information by the business
enterprise or by any of its foreign affiliates or subcontractors that
received such information from the business enterprise.
(d) Rulemaking.--The Chairman of the Federal Trade Commission shall
promulgate regulations through which the Chairman may enforce the
provisions of this section and impose a fine for a violation of this
section.
SEC. 4. HEALTH CARE INFORMATION.
(a) In General.--A health care business shall be liable for any
damages arising from the improper storage, duplication, sharing, or
other misuse of personally identifiable information by the business
enterprise or by any of its foreign affiliates or subcontractors that
received such information from the business enterprise.
(b) No Opt Out Provision.--A health care business may not terminate
an existing relationship with a consumer of health care services to
avoid the consent requirement under section 3(b).
(c) Rulemaking.--The Secretary of Health and Human Services shall
promulgate regulations through which the Secretary may enforce the
provisions of this section and impose a fine for the violation of this
section.
SEC. 5. CERTIFICATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Federal Trade Commission shall--
(1) certify those countries that have legal systems that
provide adequate privacy protection for personally identifiable
information; and
(2) make the list of countries certified under paragraph
(1) available to the general public.
(b) Certification Criteria.--In determining whether a country
should be certified under this section, the Federal Trade Commission
shall consider the adequacy of the country's infrastructure for
detecting, evaluating, and responding to privacy violations.
(c) European Union Data Protection Directive.--A country that has
comprehensive privacy laws that meet the requirements of the European
Union Data Protection Directive shall be certified under this section
unless the Federal Trade Commission determines that such laws are not
commonly enforced within such country.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the expiration of the date which is
90 days after the date of enactment of this Act. | SAFE-ID Act - Authorizes a business to transmit personally identifiable information regarding a U.S. citizen to any foreign affiliate or subcontractor located in a country certified by the Federal Trade Commission (FTC) as having adequate privacy protection for such information. Prohibits such business from transmitting such information to an affiliate or subcontractor in a country without such privacy protection unless: (1) the business discloses to the citizen that the country does not have such privacy protection; (2) the business obtains the citizen's consent to transmit such information; and (3) the consent is renewed by the citizen within one year before the information is transmitted. Provides liability for businesses improperly transmitting such information.
Makes any business or organization that collects or retains personally identifiable health care information about consumers (health care business) liable for any damages caused by improper storage, duplication, sharing, or other misuse of such information by the health care business or any foreign affiliate or subcontractor that received such information. Prohibits a health care business from terminating an existing relationship with a consumer of health care services in order to avoid the consent requirement.
Directs the FTC to certify, and make a list of, those countries that have legal systems that provide adequate privacy protection for such information. | {"src": "billsum_train", "title": "A bill to regulate the transmission of personally identifiable information to foreign affiliates and subcontractors."} | 1,068 | 276 | 0.645635 | 1.932482 | 0.956957 | 3.656904 | 4.23431 | 0.92887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Medicinal Drug Use
Clarification Act of 1994''.
SEC. 2. UNAPPROVED USES.
(a) General Rule.--Section 512(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new
paragraphs at the end:
``(4)(A) Except as provided in subparagraph (B), if an approval of
an application filed under subsection (b) is in effect with respect to
a particular use or intended use of a new animal drug, the drug shall
not be deemed unsafe for the purposes of paragraph (1) and shall be
exempt from the requirements of section 502(f) with respect to a
different use or intended use of the drug, other than a use in or on
animal feed, if such use or intended use--
``(i) is by or on the lawful written or oral order of a
licensed veterinarian within the context of a veterinarian-client-
patient relationship, as defined by the Secretary; and
``(ii) is in compliance with regulations promulgated by the
Secretary that establish the conditions for such different use or
intended use.
The regulations promulgated by the Secretary under clause (ii) may
prohibit particular uses of an animal drug and shall not permit such
different use of an animal drug if the labeling of another animal drug
that contains the same active ingredient and which is in the same
dosage form and concentration provides for such different use.
``(B) If the Secretary finds that there is a reasonable probability
that a use of an animal drug authorized under subparagraph (A) may
present a risk to the public health, the Secretary may--
``(i) establish a safe level for a residue of an animal drug
when it is used for such different use authorized by subparagraph
(A); and
``(ii) require the development of a practical, analytical
method for the detection of residues of such drug above the safe
level established under clause (i).
The use of an animal drug that results in residues exceeding a safe
level established under clause (i) shall be considered an unsafe use of
such drug under paragraph (1). Safe levels may be established under
clause (i) either by regulation or order.
``(C) The Secretary may by general regulation provide access to the
records of veterinarians to ascertain any use or intended use
authorized under subparagraph (A) that the Secretary has determined may
present a risk to the public health.
``(D) If the Secretary finds, after affording an opportunity for
public comment, that a use of an animal drug authorized under
subparagraph (A) presents a risk to the public health or that an
analytical method required under subparagraph (B) has not been
developed and submitted to the Secretary, the Secretary may, by order,
prohibit any such use.
``(5) If the approval of an application filed under section 505 is
in effect, the drug under such application shall not be deemed unsafe
for purposes of paragraph (1) and shall be exempt from the requirements
of section 502(f) with respect to a use or intended use of the drug in
animals if such use or intended use--
``(A) is by or on the lawful written or oral order of a
licensed veterinarian within the context of a veterinarian-client-
patient relationship, as defined by the Secretary; and
``(B) is in compliance with regulations promulgated by the
Secretary that establish the conditions for the use or intended use
of the drug in animals.''.
(b) Other Amendments.--
(1) Section 301.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(A) in paragraph (e), by striking ``507(d) or (g),'' and
inserting ``507(d) or (g), 512(a)(4)(C),''; and
(B) by adding at the end the following:
``(u) The failure to comply with any requirements of the provisions
of, or any regulations or orders of the Secretary, under section
512(a)(4)(A), 512(a)(4)(D), or 512(a)(5).''.
(2) Section 512(e).--Section 512(e)(1)(A) of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 360b(e)(1)(A)) is amended by
inserting before the semicolon the following: ``or the condition of
use authorized under subsection (a)(4)(A)''.
(3) Section 512(l).--Section 512(l)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by
striking ``relating to experience'' and inserting ``relating to
experience, including experience with uses authorized under
subsection (a)(4)(A),''.
(c) Regulations.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations to implement paragraphs (4)(A) and (5) of
section 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended
by subsection (a)).
(d) Effective Date.--The amendments made by this section shall take
effect upon the adoption of the final regulations under subsection (c).
SEC. 3. MAPLE SYRUP.
(a) Preemption.--Section 403A(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
(1) in paragraph (1), by inserting at the end the following:
``except that this paragraph does not apply to a standard of
identity of a State or political subdivision of a State for maple
syrup that is of the type required by sections 401 and 403(g),'';
(2) in paragraph (2), by inserting at the end the following:
``except that this paragraph does not apply to a requirement of a
State or political subdivision of a State that is of the type
required by section 403(c) and that is applicable to maple
syrup,''; and
(3) in paragraph (3) by inserting at the end the following:
``except that this paragraph does not apply to a requirement of a
State or political subdivision of a State that is of the type
required by section 403(h)(1) and that is applicable to maple
syrup,''.
(b) Procedure.--Section 701(e)(1) (21 U.S.C. 371(e)(1)) is amended
by striking ``or maple syrup (regulated under section 168.140 of title
21, Code of Federal Regulations).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Animal Medicinal Drug Use Clarification Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose other than a use in or on animal feed; and (2) a new drug approved for human use to be used in animals.
Specifies that regulations promulgated by the Secretary of Health and Human Services may prohibit particular uses of an animal drug and shall not permit such different use if the labeling of another animal drug that contains the same active ingredient and that is in the same dosage form and concentration provides for such different use.
Permits the Secretary, upon finding that there is a reasonable probability that a use of an animal drug authorized may present a risk to the public health, to establish a safe level for residue of an animal drug for such different authorized use and require the development of a practical, analytical method for the detection of residues of such drug above the safe level established. Directs that the use of an animal drug that results in residues exceeding a safe level so established be considered an unsafe use of such drug. Allows safe levels to be established either by regulation or order.
Authorizes the Secretary by general regulation to provide access to the records of veterinarians to ascertain any use or intended use authorized that the Secretary has determined may present a risk to the public health. Specifies that if the Secretary finds, after affording an opportunity for public comment, that a use of an animal drug so authorized presents such a risk or that an analytical method required has not been developed and submitted, the Secretary may by order prohibit any such use.
Exempts State and local governments from Federal requirements that preempt their authority with respect to nutrition labeling for maple syrup. | {"src": "billsum_train", "title": "Animal Medicinal Drug Use Clarification Act of 1994"} | 1,550 | 387 | 0.768644 | 2.321052 | 0.859429 | 5.368272 | 3.883853 | 0.926346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Men's Health Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Risks to the health and well-being of America's men are
on the rise due to a lack of education, awareness, and pursuit
of preventative screening and care.
(2) While this health crisis is of particular concern to
men, it is also a concern for women regarding their fathers,
husbands, sons, and brothers.
(3) Men's health is a concern for employers who pay the
costs of medical care, and lose productive employees.
(4) Men's health is a concern to Federal and State
governments which absorb the enormous costs of premature death
and disability, including the costs of caring for dependents
left behind.
(5) The life expectancy gap between men and women has
increased from one year in 1920 to almost six years in 2002.
(6) Prostate cancer is the most frequently diagnosed cancer
in the United States among men, accounting for 33 percent of
all cancer cases.
(7) An estimated 230,000 men will be newly diagnosed with
prostate cancer this year alone, and approximately 30,000 will
die.
(8) Prostate cancer rates increase sharply with age, and
more than 75 percent of such cases are diagnosed in men age 65
and older.
(9) The incidence of prostate cancer and the resulting
mortality rate in African American men is twice that in white
men.
(10) It is estimated that in 2007, 115,000 men will be
diagnosed with lung cancer, and another 90,000 of America's men
will die from lung cancer.
(11) Over 8,000 men, ages 15 to 40, will be diagnosed this
year with testicular cancer, and 390 of these men will die of
this disease in 2007. A common reason for delay in treatment of
this disease is a delay in seeking medical attention after
discovering a testicular mass.
(12) Studies show that women are 100 percent more likely
than men to visit a doctor, have regular physician check-ups,
and obtain preventive screening tests for serious diseases.
(13) Appropriate use of tests such as prostate specific
antigen (PSA) exams and blood pressure, blood sugar, and
cholesterol screens, in conjunction with clinical exams and
self-testing, can result in the early detection of many
problems and in increased survival rates.
(14) According to the Census Bureau, by the time men and
women reach age 65, the ratio of men to women reduces to 85 to
100. The growing disparity in this statistic suggests that
among other factors, the declining health of men increases the
risk of women entering retirement age as widows.
(15) Educating men, their families, and health care
providers about the importance of early detection of male
health problems can result in reducing rates of mortality for
male-specific diseases, as well as improve the health of
America's men and its overall economic well-being.
(16) Recent scientific studies have shown that regular
medical exams, preventive screenings, regular exercise, and
healthy eating habits can help save lives.
(17) Establishing an Office of Men's Health is needed to
investigate these findings and take such further actions as may
be needed to promote men's health.
SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH.
(a) In General.--Title XVII of the Public Health Service Act (42
U.S.C. 300u et seq.) is amended by adding at the end the following
section:
``SEC. 1711. OFFICE OF MEN'S HEALTH.
``(a) In General.--The Secretary shall establish within the
Department of Health and Human Services an office to be known as the
Office of Men's Health, which shall be headed by a director appointed
by the Secretary. The Secretary, acting through the Director of the
Office, shall coordinate and promote the status of men's health in the
United States.
``(b) Activities.--The Secretary, acting through the Director of
the Office, shall--
``(1) conduct or support programs and activities to improve
the state of men's health in the United States; and
``(2) provide for consultation among offices and agencies
of the Department of Health and Human Services for the purpose
of coordinating programs and activities relating to men's
health.''.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Director of the Office of Men's Health, shall submit
to the Congress a report describing the activities of such Office,
including findings that the Director has made regarding men's health. | Men's Health Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health to coordinate and promote the status of men's health in the United States. Requires the Secretary, acting through the Director of the Office, to: (1) conduct or support programs and activities to improve the state of men's health; and (2) provide for consultation among HHS offices and agencies to coordinate programs and activities relating to men's health. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish an Office of Men's Health."} | 1,012 | 122 | 0.454168 | 1.216488 | 0.493239 | 6.126126 | 8.900901 | 0.954955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americas Free Trade Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The countries of the Western Hemisphere have enjoyed
more success in the twentieth century in the peaceful conduct
of their relations among themselves than have the countries in
the rest of the world.
(2) The economic prosperity of the United States and its
trading partners in the Western Hemisphere is increased by the
reduction of trade barriers.
(3) Trade protection endangers economic prosperity in the
United States and throughout the Western Hemisphere and
undermines civil liberty and constitutionally limited
government.
(4) The successful establishment of a North American Free
Trade Area sets the pattern for the reduction of trade barriers
throughout the Western Hemisphere, enhancing prosperity in
place of the cycle of increasing trade barriers and deepening
poverty that results from a resort to protectionism and trade
retaliation.
(5) The reduction of government interference in the foreign
and domestic sectors of a nation's economy and the concomitant
promotion of economic opportunity and freedoms promote civil
liberty and constitutionally limited government.
(6) Countries that observe a consistent policy of free
trade, the promotion of free enterprise and other economic
freedoms (including effective protection of private property
rights), and the removal of barriers to foreign direct
investment, in the context of constitutionally limited
government and minimal interference in the economy, will follow
the surest and most effective prescription to alleviate poverty
and provide for economic, social, and political development.
SEC. 3. FREE TRADE AREA FOR THE WESTERN HEMISPHERE.
(a) In General.--The President shall take action to initiate
negotiations to obtain trade agreements with the sovereign countries
located in the Western Hemisphere, the terms of which provide for the
reduction and ultimate elimination of tariffs and other nontariff
barriers to trade, for the purpose of promoting the eventual
establishment of a free trade area for the entire Western Hemisphere.
(b) Reciprocal Basis.--An agreement entered into under subsection
(a) shall be reciprocal and provide mutual reductions in trade barriers
to promote trade, economic growth, and employment.
(c) Bilateral or Multilateral Basis.--Agreements may be entered
into under subsection (a) on a bilateral basis with any foreign country
described in that subsection or on a multilateral basis with all of
such countries or any group of such countries.
SEC. 4. FREE TRADE WITH FREE CUBA.
(a) Restrictions Prior to Restoration of Freedom in Cuba.--The
provisions of this Act shall not apply to Cuba unless the President
certifies to Congress that--
(1) freedom has been restored in Cuba; and
(2) the claims of United States citizens for compensation
for expropriated property have been appropriately addressed.
(b) Standards for the Restoration of Freedom in Cuba.--The
President shall not make the certification that freedom has been
restored in Cuba, for purpose of subsection (a), unless the President
determines that--
(1) a constitutionally guaranteed democratic government has
been established in Cuba with leaders chosen through free and
fair elections;
(2) the rights of individuals to private property have been
restored and are effectively protected and broadly exercised in
Cuba;
(3) Cuba has a currency that is fully convertible
domestically and internationally;
(4) all political prisoners have been released in Cuba; and
(5) the rights of free speech and freedom of the press in
Cuba are effectively guaranteed.
(c) Priority for Free Trade With Free Cuba.--Upon making the
certification described in subsection (a), the President shall give
priority to the negotiation of a free trade agreement with Cuba.
SEC. 5. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING
BILLS.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
3, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 3--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
``implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the Houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be
in order for a Senator to raise a single point of order
that several provisions of the implementing bill
violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point
of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(d) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``section 5 of the Americas Free
Trade Act,'' after ``the Omnibus Trade and
Competitiveness Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or such extension,
either repealing or amending existing laws or providing
new statutory authority.''; and
(2) in subsection (c)(1), by inserting ``or under section 5
of the Americas Free Trade Act,'' after ``the Uruguay Round
Agreements Act,''. | Americas Free Trade Act - Requires the President to initiate trade agreement negotiations with Western Hemisphere countries for the reduction and elimination of tariffs and nontariff trade barriers and the establishment of a Western Hemisphere free trade area.Declares that this Act shall not apply to Cuba unless the President certifies to the Congress that: (1) freedom has been restored in Cuba; and (2) the claims of U.S. citizens for compensation for expropriated property have been appropriately addressed.Sets forth determinations the President must make about Cuba before certifying that freedom has been restored. Requires that, once such certification is made, priority be given to negotiation of a free trade agreement with Cuba.Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act. | {"src": "billsum_train", "title": "A bill to authorize negotiation of free trade agreements with countries of the Americas, and for other purposes."} | 2,006 | 180 | 0.5486 | 1.533378 | 0.872857 | 3.986207 | 12.627586 | 0.910345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Waste Electronic Manifest
Establishment Act''.
SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by adding at the end the following:
``SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.
``(a) Definitions.--In this section:
``(1) Board.--The term `Board' means the Hazardous Waste
Electronic Manifest System Advisory Board established under
subsection (f).
``(2) Fund.--The term `Fund' means the Hazardous Waste
Electronic Manifest System Fund established by subsection (d).
``(3) Person.--The term `person' includes an individual,
corporation (including a Government corporation), company,
association, firm, partnership, society, joint stock company,
trust, municipality, commission, Federal agency, State, political
subdivision of a State, or interstate body.
``(4) System.--The term `system' means the hazardous waste
electronic manifest system established under subsection (b).
``(5) User.--The term `user' means a hazardous waste generator,
a hazardous waste transporter, an owner or operator of a hazardous
waste treatment, storage, recycling, or disposal facility, or any
other person that--
``(A) is required to use a manifest to comply with any
Federal or State requirement to track the shipment,
transportation, and receipt of hazardous waste or other
material that is shipped from the site of generation to an off-
site facility for treatment, storage, disposal, or recycling;
and
``(B)(i) elects to use the system to complete and transmit
an electronic manifest format; or
``(ii) submits to the system for data processing purposes a
paper copy of the manifest (or data from such a paper copy), in
accordance with such regulations as the Administrator may
promulgate to require such a submission.
``(b) Establishment.--Not later than 3 years after the date of
enactment of this section, the Administrator shall establish a
hazardous waste electronic manifest system that may be used by any
user.
``(c) User Fees.--
``(1) In general.--In accordance with paragraph (4), the
Administrator may impose on users such reasonable service fees as
the Administrator determines to be necessary to pay costs incurred
in developing, operating, maintaining, and upgrading the system,
including any costs incurred in collecting and processing data from
any paper manifest submitted to the system after the date on which
the system enters operation.
``(2) Collection of fees.--The Administrator shall--
``(A) collect the fees described in paragraph (1) from the
users in advance of, or as reimbursement for, the provision by
the Administrator of system-related services; and
``(B) deposit the fees in the Fund.
``(3) Fee structure.--
``(A) In general.--The Administrator, in consultation with
information technology vendors, shall determine through the
contract award process described in subsection (e) the fee
structure that is necessary to recover the full cost to the
Administrator of providing system-related services, including--
``(i) contractor costs relating to--
``(I) materials and supplies;
``(II) contracting and consulting;
``(III) overhead;
``(IV) information technology (including costs of
hardware, software, and related services);
``(V) information management;
``(VI) collection of service fees;
``(VII) reporting and accounting; and
``(VIII) project management; and
``(ii) costs of employment of direct and indirect
Government personnel dedicated to establishing, managing,
and maintaining the system.
``(B) Adjustments in fee amount.--
``(i) In general.--The Administrator, in consultation
with the Board, shall increase or decrease the amount of a
service fee determined under the fee structure described in
subparagraph (A) to a level that will--
``(I) result in the collection of an aggregate
amount for deposit in the Fund that is sufficient and
not more than reasonably necessary to cover current and
projected system-related costs (including any necessary
system upgrades); and
``(II) minimize, to the maximum extent practicable,
the accumulation of unused amounts in the Fund.
``(ii) Exception for initial period of operation.--The
requirement described in clause (i)(II) shall not apply to
any additional fees that accumulate in the Fund, in an
amount that does not exceed $2,000,000, during the 3-year
period beginning on the date on which the system enters
operation.
``(iii) Timing of adjustments.--Adjustments to service
fees described in clause (i) shall be made--
``(I) initially, at the time at which initial
development costs of the system have been recovered by
the Administrator such that the service fee may be
reduced to reflect the elimination of the system
development component of the fee; and
``(II) periodically thereafter, upon receipt and
acceptance of the findings of any annual accounting or
auditing report under subsection (d)(3), if the report
discloses a significant disparity for a fiscal year
between the funds collected from service fees under
this subsection for the fiscal year and expenditures
made for the fiscal year to provide system-related
services.
``(4) Crediting and availability of fees.--Fees authorized
under this section shall be collected and available for obligation
only to the extent and in the amount provided in advance in
appropriations Acts.
``(d) Hazardous Waste Electronic Manifest System Fund.--
``(1) Establishment.--There is established in the Treasury of
the United States a revolving fund, to be known as the `Hazardous
Waste Electronic Manifest System Fund', consisting of such amounts
as are deposited in the Fund under subsection (c)(2)(B).
``(2) Expenditures from fund.--
``(A) In general.--Only to the extent provided in advance
in appropriations Acts, on request by the Administrator, the
Secretary of the Treasury shall transfer from the Fund to the
Administrator amounts appropriated to pay costs incurred in
developing, operating, maintaining, and upgrading the system
under subsection (c).
``(B) Use of funds by administrator.--Fees collected by the
Administrator and deposited in the Fund under this section
shall be available to the Administrator subject to
appropriations Acts for use in accordance with this section
without fiscal year limitation.
``(C) Oversight of funds.--The Administrator shall carry
out all necessary measures to ensure that amounts in the Fund
are used only to carry out the goals of establishing,
operating, maintaining, upgrading, managing, supporting, and
overseeing the system.
``(3) Accounting and auditing.--
``(A) Accounting.--For each 2-fiscal-year period, the
Administrator shall prepare and submit to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a report that includes--
``(i) an accounting of the fees paid to the
Administrator under subsection (c) and disbursed from the
Fund for the period covered by the report, as reflected by
financial statements provided in accordance with--
``(I) the Chief Financial Officers Act of 1990
(Public Law 101-576; 104 Stat. 2838) and amendments
made by that Act; and
``(II) the Government Management Reform Act of 1994
(Public Law 103-356; 108 Stat. 3410) and amendments
made by that Act; and
``(ii) an accounting describing actual expenditures
from the Fund for the period covered by the report for
costs described in subsection (c)(1).
``(B) Auditing.--
``(i) In general.--For the purpose of section 3515(c)
of title 31, United States Code, the Fund shall be
considered a component of an Executive agency.
``(ii) Components of audit.--The annual audit required
in accordance with sections 3515(b) and 3521 of title 31,
United States Code, of the financial statements of
activities carried out using amounts from the Fund shall
include an analysis of--
``(I) the fees collected and disbursed under this
section;
``(II) the reasonableness of the fee structure in
place as of the date of the audit to meet current and
projected costs of the system;
``(III) the level of use of the system by users;
and
``(IV) the success to date of the system in
operating on a self-sustaining basis and improving the
efficiency of tracking waste shipments and transmitting
waste shipment data.
``(iii) Federal responsibility.--The Inspector General
of the Environmental Protection Agency shall--
``(I) conduct the annual audit described in clause
(ii); and
``(II) submit to the Administrator a report that
describes the findings and recommendations of the
Inspector General resulting from the audit.
``(e) Contracts.--
``(1) Authority to enter into contracts funded by service
fees.--After consultation with the Secretary of Transportation, the
Administrator may enter into 1 or more information technology
contracts with entities determined to be appropriate by the
Administrator (referred to in this subsection as `contractors') for
the provision of system-related services.
``(2) Term of contract.--A contract awarded under this
subsection shall have a term of not more than 10 years.
``(3) Achievement of goals.--The Administrator shall ensure, to
the maximum extent practicable, that a contract awarded under this
subsection--
``(A) is performance-based;
``(B) identifies objective outcomes; and
``(C) contains performance standards that may be used to
measure achievement and goals to evaluate the success of a
contractor in performing under the contract and the right of
the contractor to payment for services under the contract,
taking into consideration that a primary measure of successful
performance shall be the development of a hazardous waste
electronic manifest system that--
``(i) meets the needs of the user community (including
States that rely on data contained in manifests);
``(ii) attracts sufficient user participation and
service fee revenues to ensure the viability of the system;
``(iii) decreases the administrative burden on the user
community; and
``(iv) provides the waste receipt data applicable to
the biennial reports required by section 3002(a)(6).
``(4) Payment structure.--Each contract awarded under this
subsection shall include a provision that specifies--
``(A) the service fee structure of the contractor that will
form the basis for payments to the contractor; and
``(B) the fixed-share ratio of monthly service fee revenues
from which the Administrator shall reimburse the contractor for
system-related development, operation, and maintenance costs.
``(5) Cancellation and termination.--
``(A) In general.--If the Administrator determines that
sufficient funds are not made available for the continuation in
a subsequent fiscal year of a contract entered into under this
subsection, the Administrator may cancel or terminate the
contract.
``(B) Negotiation of amounts.--The amount payable in the
event of cancellation or termination of a contract entered into
under this subsection shall be negotiated with the contractor
at the time at which the contract is awarded.
``(6) No effect on ownership.--Regardless of whether the
Administrator enters into a contract under this subsection, the
system shall be owned by the Federal Government.
``(f) Hazardous Waste Electronic Manifest System Advisory Board.--
``(1) Establishment.--Not later than 3 years after the date of
enactment of this section, the Administrator shall establish a
board to be known as the `Hazardous Waste Electronic Manifest
System Advisory Board'.
``(2) Composition.--The Board shall be composed of 9 members,
of which--
``(A) 1 member shall be the Administrator (or a designee),
who shall serve as Chairperson of the Board; and
``(B) 8 members shall be individuals appointed by the
Administrator--
``(i) at least 2 of whom shall have expertise in
information technology;
``(ii) at least 3 of whom shall have experience in
using or represent users of the manifest system to track
the transportation of hazardous waste under this subtitle
(or an equivalent State program); and
``(iii) at least 3 of whom shall be a State
representative responsible for processing those manifests.
``(3) Duties.--The Board shall meet annually to discuss,
evaluate the effectiveness of, and provide recommendations to the
Administrator relating to, the system.
``(g) Regulations.--
``(1) Promulgation.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, after consultation with the
Secretary of Transportation, the Administrator shall promulgate
regulations to carry out this section.
``(B) Inclusions.--The regulations promulgated pursuant to
subparagraph (A) may include such requirements as the
Administrator determines to be necessary to facilitate the
transition from the use of paper manifests to the use of
electronic manifests, or to accommodate the processing of data
from paper manifests in the electronic manifest system,
including a requirement that users of paper manifests submit to
the system copies of the paper manifests for data processing
purposes.
``(C) Requirements.--The regulations promulgated pursuant
to subparagraph (A) shall ensure that each electronic manifest
provides, to the same extent as paper manifests under
applicable Federal and State law, for--
``(i) the ability to track and maintain legal
accountability of--
``(I) the person that certifies that the
information provided in the manifest is accurately
described; and
``(II) the person that acknowledges receipt of the
manifest;
``(ii) if the manifest is electronically submitted,
State authority to access paper printout copies of the
manifest from the system; and
``(iii) access to all publicly available information
contained in the manifest.
``(2) Effective date of regulations.--Any regulation
promulgated by the Administrator under paragraph (1) and in
accordance with section 3003 relating to electronic manifesting of
hazardous waste shall take effect in each State as of the effective
date specified in the regulation.
``(3) Administration.--The Administrator shall carry out
regulations promulgated under this subsection in each State unless
the State program is fully authorized to carry out such regulations
in lieu of the Administrator.
``(h) Requirement of Compliance With Respect to Certain States.--In
any case in which the State in which waste is generated, or the State
in which waste will be transported to a designated facility, requires
that the waste be tracked through a hazardous waste manifest, the
designated facility that receives the waste shall, regardless of the
State in which the facility is located--
``(1) complete the facility portion of the applicable manifest;
``(2) sign and date the facility certification; and
``(3) submit to the system a final copy of the manifest for
data processing purposes.
``(i) Authorization for Start-up Activities.--There are authorized
to be appropriated $2,000,000 for each of fiscal years 2013 through
2015 for start-up activities to carry out this section, to be offset by
collection of user fees under subsection (c) such that all such
appropriated funds are offset by fees as provided in subsection (c).''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. 6901) is amended by inserting at the end of the
items relating to subtitle C the following:
``Sec. 3024. Hazardous waste electronic manifest system.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Hazardous Waste Electronic Manifest Establishment Act - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a hazardous waste electronic manifest system within three years that may be used by a hazardous waste generator or transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that: (1) is required to use a manifest to comply with any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other material shipped from the generation site to an off-site facility for treatment, storage, disposal, or recycling; and (2) elects to use the system to complete and transmit an electronic manifest format; or (3) submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy).
Authorizes the Administrator to: (1) impose service fees on users to pay for developing, operating, maintaining, and upgrading the system, including any costs incurred in collecting and processing data from any paper manifest submitted to the system after the date on which the system enters operation; and (2) deposit the fees into the Hazardous Waste Electronic Manifest System Fund (a revolving fund established by this Act). Requires the Administrator to adjust such fees to a level that will result in the collection of an amount that is sufficient and no more than reasonably necessary to cover system-related costs and minimize the accumulation of unused amounts in the Fund.
Authorizes the Administrator, after consulting with the Secretary of Transportation (DOT), to enter into information technology contracts with appropriate entities for the provision of system-related services. Limits such contracts to a term of no more than 10 years.
Requires the Administrator to: (1) establish the Hazardous Waste Electronic Manifest System Advisory Board, and (2) carry out this Act in each state unless the state program is fully authorized to do so.
Requires a designated facility that receives waste, in cases in which the state in which waste is generated or transported to such facility requires that the waste be tracked through a hazardous waste manifest, to: (1) complete the facility portion of the applicable manifest, (2) sign and date the facility certification, and (3) submit to the system a final copy of the manifest.
Establishes reporting requirements.
Authorizes appropriations for FY2013-FY2015 for start-up activities to carry out this Act that will be offset by the collection of such user fees. | {"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a hazardous waste electronic manifest system."} | 3,579 | 525 | 0.748048 | 2.510634 | 0.811907 | 5.993927 | 6.767206 | 0.965587 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Crib Safety Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year about 12,400 children are injured in cribs
seriously enough to require emergency room treatment.
(4) Each year at least 43 children under the age of 4 die
from injuries sustained in cribs.
(5) The Consumer Product Safety Commission estimates that
the cost to society resulting from deaths due to cribs is at
least $150,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only an estimated one million to
two million new cribs sold. Many infants are placed in
secondhand, hand-me-down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting the contracting to sell, resell, lease,
sublease of unsafe cribs that are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it unlawful--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. REQUIREMENTS FOR CRIBS.
(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user to manufacture, sell, resell, lease, or otherwise place
in the stream of commerce, any full-size or nonfull-size crib that--
(1) was manufactured before 1999;
(2) does not conform to the safety standards described in
subsection (c); or
(3) has any missing, loose, or broken components.
(b) Provision of Cribs by Lodging Facilities.--It shall be unlawful
for any hotel, motel, or similar transient lodging facility to offer or
provide for use or otherwise place in the stream of commerce, on or
after the effective date of this Act, any full-size crib or nonfull-
size crib that--
(1) was manufactured before 1999;
(2) does not conform to the safety standards described in
subsection (c); or
(3) has any missing, loose, or broken components.
(c) Crib Safety Standards.--A full-size or nonfull-size crib that
is not in compliance with the following safety standards shall be
considered to be a banned hazardous product under section 8 of the
Consumer Product Safety Act (15 U.S.C. 2057):
(1) Part 1508 of title 16 of the Code of Federal
Regulations (requirements for full-size baby cribs).
(2) Part 1509 of title 16 of the Code of Federal
Regulations (requirements for nonfull-size baby cribs).
(3) American Society for Testing Materials F406-07 Standard
Consumer Safety Specification for Non-Full Size Baby Cribs/Play
Yards.
(4) American Society for Testing Materials F1169 Standard
Specification for Full-Size Baby Crib.
(5) American Society for Testing and Materials F966-00
Consumer Safety Specification for Full-Size and Non-Full Size
Baby Crib Corner Post Extensions.
(6) Part 1303 of title 16 of the Code of Federal
Regulations.
(7) Any amendments to the above regulations or standards or
any other regulations or standards that are adopted in order to
amend or supplement the regulations or standards described in
paragraphs (1) through (6).
The Consumer Product Safety Commission shall have the power to enforce
the provisions of this section in the same manner that the Commission
enforces rules declaring products to be banned hazardous products.
(d) Exception.--These requirements shall not apply to a full-size
crib or nonfull-size crib that is not intended for use by an infant,
including a toy or display item, if at the time it is manufactured,
made subject to a contract to sell or resell, leased, or otherwise
placed in the stream of commerce, as applicable, it is accompanied by a
notice to be furnished by each commercial user declaring that the crib
is not intended to be used for an infant and is dangerous to use for an
infant.
SEC. 4. DURABILITY TEST REQUIREMENTS FOR CRIBS.
Not later than 90 days after the date of enactment of this Act, the
Consumer Product Safety Commission shall begin a rulemaking to revise
parts 1508 and 1509 of title 16, Code of Federal Regulations, to--
(1) include the safety requirements specified in paragraphs
(3) through (5) of section 3(c), or any successor standards
thereto; and
(2) address any potential hazards due to durability
exhibited by cribs and play yards, taking into consideration--
(A) the Underwriters Laboratories standard UL-2275
for full-size baby cribs; and
(B) the standards set forth in the Cribs and Cradle
Regulations established by the Department of Justice of
Canada, issued September 11, 1986 (SOR/86-962).
SEC. 5. SOFT BEDDING WARNING LABELS.
Not later than 1 year after the date of enactment of this Act, the
Consumer Product Safety Commission shall promulgate a consumer product
safety rule pursuant to section 7 of the Consumer Product Safety Act
(15 U.S.C. 2056) to require that all cribs manufactured and introduced
into interstate commerce contain a warning label affixed to the crib in
a conspicuous location warning consumers against the use of soft
bedding for infants placed in the crib, including bumper pads, quilts,
blankets, pillows, and sleep positioners.
SEC. 6. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Commercial user.--
(A) The term ``commercial user'' means--
(i) any person who manufactures, sells, or
contracts to sell full-size cribs or nonfull-
size cribs; or
(ii) any person who--
(I) deals in full-size or nonfull-
size cribs that are not new or who
otherwise by one's occupation holds
oneself out as having knowledge or
skill peculiar to full-size cribs or
nonfull-size cribs, including child
care facilities and family child care
homes; or
(II) is in the business of
contracting to sell or resell, lease,
sublet, or otherwise placing in the
stream of commerce full-size cribs or
nonfull-size cribs that are not new.
(B) The term ``commercial user'' does not mean an
individual who sells a used crib at a one-time private
sale.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16 of
the Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16 of the Code of Federal Regulations (including a
portable crib and a crib-pen described in paragraph (2) of
subsection (b) of that section).
(6) Sleep positioner.--The term ``sleep positioner'' means
any wedge, roll, prop, or pillow designed to encourage one
position during sleep.
SEC. 7. EFFECTIVE DATE.
The requirements of section 3 of this Act shall be effective 1 year
after the date of enactment of this Act | Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to manufacture, sell, or otherwise place in the stream of commerce any full-size or nonfull-size crib which was made before 1999, does not conform to the standards of this Act, or has any missing, loose, or broken components.
Makes it unlawful for any hotel, motel, or similar lodging facility to offer or provide such a crib.
Considers to be a banned hazardous product under the Consumer Product Safety Act any crib which does not conform to specified regulations in the Code of Federal Regulations and standards of the American Society for Testing Materials, unless labeled as not intended to be used for, and dangerous to, an infant.
Requires the Consumer Product Safety Commission (CPSC) to begin a rulemaking to include the requirements of the American Society for Testing Materials standards and to address any hazards due to crib and play yard durability.
Requires the CPSC to promulgate a consumer product safety rule to require that cribs manufactured and introduced into interstate commerce contain a label warning consumers against the use of soft bedding.
Includes in the definition of commercial user any person who manufactures or sells cribs or, by his or her occupation holds himself or herself out as having knowledge or skill peculiar to cribs, including child care facilities and family child care homes. Excludes from that definition an individual who sells a used crib at a one-time private sale. | {"src": "billsum_train", "title": "To provide for infant crib safety, and for other purposes."} | 1,953 | 323 | 0.519381 | 1.66914 | 0.680802 | 4.141343 | 6.342756 | 0.918728 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Depository Institution
Conversion Protection Act of 1994''.
SEC. 2. MUTUAL-TO-STOCK CONVERSIONS BY STATE INSTITUTIONS.
Section 5(j) of the Home Owners' Loan Act (12 U.S.C. 1464(j)) is
amended to read as follows:
``(j) Stock Conversions by State Institutions.--
``(1) Application of federal regulations.--A converting
institution shall be subject to such regulations as the
Director shall prescribe. The appropriate State regulatory
authority may impose more restrictive rules or regulations on
such conversions if it deems such action to be appropriate.
``(2) Limitation on insider transactions.--An officer,
director, or employee of a converting institution may purchase
or receive, directly or indirectly, shares of or any other
beneficial interest in that institution only under the same
terms and conditions and only in the same amounts as are
available--
``(A) to any depositor of the institution who is
not otherwise affiliated with the institution, if such
officer, director, or employee is a bona fide depositor
of the institution; or
``(B) generally to any other person who is not
affiliated with the institution, if such officer,
director, or employee is not a bona fide depositor of
the institution.
``(3) Consideration of additional compensation.--No
proposal may be made to the shareholders of a converted
institution during the 1-year period beginning on the date of
conversion to increase the direct or indirect compensation of
an officer, director, or employee of the institution in excess
of the compensation of such person prior to the date of the
conversion.
``(4) Aggregate limit on beneficial interests of
insiders.--The Director shall, by regulation, establish an
appropriate aggregate percentage of and an aggregate dollar
limitation on the beneficial interests in a converting
institution that may be held, directly or indirectly, by any
officer, director, or employee of the institution.
``(5) Definitions.--For purposes of this subsection--
``(A) the terms `State savings association' and
`State savings bank' have the same meanings as in
section 3 of the Federal Deposit Insurance Act;
``(B) the term `converted institution' means a
State savings association or State savings bank that
converted from the mutual form to the stock form after
January 26, 1994; and
``(C) the term `converting institution' means a
State savings association or a State savings bank that
is converted from the mutual form to the stock form
after January 26, 1994.''.
SEC. 3. CONVERSIONS BY FEDERAL INSTITUTIONS.
Section 5(i) of the Home Owners' Loan Act (12 U.S.C. 1864(i)) is
amended by adding at the end the following new paragraph:
``(5) Insider transactions and compensation.--
``(A) In general.--In any conversion, on or after
January 26, 1994, of a Federal savings association or a
Federal savings bank from the mutual form to the stock
form--
``(i) an officer, director, or employee of
the institution that is the subject of the
conversion may purchase or receive, directly or
indirectly, shares of or any other beneficial
interest in that institution only under the
same terms and conditions and only in the same
amounts as are available--
``(I) to any depositor of the
institution who is not otherwise
affiliated with the institution, if
such officer, director, or employee is
a bona fide depositor of the
institution; or
``(II) generally to any other
person who is not affiliated with the
institution, if such officer, director,
or employee is not a bona fide
depositor of the institution; and
``(ii) no proposal may be made to the
shareholders of the institution during the 1-
year period beginning on the date of conversion
to increase the direct or indirect compensation
of an officer, director, or employee of the
institution in excess of the compensation of
such person prior to the date of the
conversion.
``(B) Aggregate limit on beneficial interests of
insiders.--The Director shall, by regulation, establish
an appropriate aggregate percentage of and an aggregate
dollar limitation on the beneficial interests in any
institution that is the subject of a conversion
described in subparagraph (A) that may be held,
directly or indirectly, by any officer, director, or
employee of the institution.''.
SEC. 4. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Thrift Supervision shall promulgate final
regulations to implement subsections (i)(5) and (j) of section 5 of the
Home Owners' Loan Act, as amended by this Act.
SEC. 5. STUDY AND REPORT.
(a) Study.--The Secretary of the Treasury shall conduct a study to
determine--
(1) the adequacy of existing Federal law in ensuring equity
and fairness in the conversion of savings associations and
savings banks from the mutual form to the stock form;
(2) the accuracy of existing stock appraisal and valuation
techniques employed in such conversions; and
(3) the adequacy of disclosures to depositors and the
public concerning such conversions.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the Congress a
report of the results of the study conducted under subsection (a). | Mutual Depository Institution Conversion Protection Act of 1994 - Amends the Home Owners' Loan Act with respect to conversions from mutual to stock form of ownership by State and Federal savings banks and associations to: (1) subject State institutions to Federal regulations; (2) authorize State regulatory authorities to impose conversion rules more restrictive than the Federal rules; (3) restrict the beneficial interest available to insider transactions pursuant to such conversions to the same interest available to non-insiders; (4) prohibit for one year compensation to savings institution personnel which exceeds that received before the conversion date; and (5) require the Director of the Office of Thrift Supervision to establish aggregate limits on the beneficial interests of insiders pursuant to such conversions.
Directs the Secretary of the Treasury to study and report to the Congress on the adequacy of Federal regulations and disclosure requirements regarding such conversions. | {"src": "billsum_train", "title": "Mutual Depository Institution Conversion Protection Act of 1994"} | 1,218 | 185 | 0.64866 | 1.915762 | 0.879963 | 2.101796 | 6.808383 | 0.832335 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Sequester Job Loss Now Act
Through 2014''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BUDGET PROCESS AMENDMENTS
Sec. 101. Repeal the 2013 and 2014 sequesters.
Sec. 102. Reduction of Defense Discretionary Limits.
Sec. 103. Protecting veterans programs from sequester.
TITLE II--AGRICULTURAL SAVINGS
Sec. 201. One-year extension of agricultural commodity programs, except
direct payment programs.
TITLE III--OIL AND GAS SUBSIDIES
Sec. 301. Prohibition on using last-in, first-out accounting for major
integrated oil companies.
Sec. 302. Deduction for income attributable to domestic production
activities not allowed with respect to oil
and gas activities of major integrated oil
companies.
Sec. 303. Limitation on deduction for intangible drilling and
development costs of major integrated oil
companies.
TITLE IV--THE BUFFETT RULE
Sec. 401. Fair share tax on high-income taxpayers.
TITLE V--SENSE OF THE HOUSE
Sec. 501. Sense of the House on the need for a fair, balanced and
bipartisan approach to long-term deficit
reduction.
TITLE I--BUDGET PROCESS AMENDMENTS
SEC. 101. REPEAL THE 2013 AND 2014 SEQUESTERS.
(a) Calculation of Total Deficit Reduction and Allocation to
Functions.--(1) Section 251A(3) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by striking
``2013'' and inserting ``2015''.
(2) Paragraph (4) of such section is amended by striking ``2014''
and inserting ``2015''.
(3) Paragraphs (5) and (6) of such section are amended by striking
``2013'' and inserting ``2015''.
(b) Defense and Nondefense Function Reductions.--Paragraphs (5) and
(6) of section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 are amended by striking ``2013'' and inserting
``2015'' each place it appears.
(c) Implementing Discretionary Reductions.--Section 251A(7)(B) of
such Act is amended by striking ``2014'' and inserting ``2015'' each
place it appears.
(d) Restoration of Sequestered Funds.--Notwithstanding the
Presidential sequestration order for fiscal year 2013 issued under
section 251A of the Balanced Budget and Emergency Deficit Act of 1985,
on and after the date of the enactment of this Act, the budgetary
resources sequestered under such order shall be available for
obligation for the same purpose, in the same amount as otherwise would
have been available for the period beginning on the date of enactment
of this Act and before October 1, 2013, and in the same manner as if
such order had not been issued.
(e) Conforming Change.--Upon the date of enactment of this Act, the
report entitled ``OMB Sequestration Preview Report to the President and
Congress for Fiscal Year 2014 and OMB Report to the Congress on the
Joint Committee Reductions for Fiscal Year 2014'', issued on April 10,
2013, and corrected on May 20, 2013, shall have no force or effect.
SEC. 102. REDUCTION OF DEFENSE DISCRETIONARY LIMITS.
The discretionary limits set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 for the
security category for fiscal years 2017 through 2021 are replaced with
the following limits: for fiscal year 2017, $586,000,000,000; for
fiscal year 2018, $595,000,000,000; for fiscal year 2019,
$604,000,000,000; for fiscal year 2020, $614,000,000,000; and for
fiscal year 2021, $624,000,000,000.
SEC. 103. PROTECTING VETERANS PROGRAMS FROM SEQUESTER.
Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is repealed.
TITLE II--AGRICULTURAL SAVINGS
SEC. 201. ONE-YEAR EXTENSION OF AGRICULTURAL COMMODITY PROGRAMS, EXCEPT
DIRECT PAYMENT PROGRAMS.
(a) Extension.--Except as provided in subsection (b) and
notwithstanding any other provision of law, the authorities provided by
each provision of title I of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by
that title (and for mandatory programs at such funding levels), as in
effect on September 30, 2013, shall continue, and the Secretary of
Agriculture shall carry out the authorities, until September 30, 2014.
(b) Termination of Direct Payment Programs.--
(1) Covered commodities.--The extension provided by
subsection (a) shall not apply with respect to the direct
payment program under section 1103 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8713).
(2) Peanuts.--The extension provided by subsection (a)
shall not apply with respect to the direct payment program
under section 1303 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7953).
(c) Effective Date.--This section shall take effect on the earlier
of--
(1) the date of the enactment of this Act; and
(2) September 30, 2013.
TITLE III--OIL AND GAS SUBSIDIES
SEC. 301. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)(5)(B)) may not use the method provided in subsection
(b) in inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 302. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS
ACTIVITIES OF MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Subparagraph (A) of section 199(d)(9) of the
Internal Revenue Code of 1986 is amended by inserting ``(9 percent in
the case of any major integrated oil company (as defined in section
167(h)(5)(B)))'' after ``3 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 303. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS OF MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after the date
of the enactment of this Act.
TITLE IV--THE BUFFETT RULE
SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is the
dollar amount in effect under subsection
(c)(1).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2014, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2013'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes
are attributable to the rate of tax in effect under section
3101) with respect to such taxable year or wages or
compensation received during the taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Conforming Amendment.--Section 26(b)(2) of such Code is amended
by redesignating subparagraphs (C) through (X) as subparagraphs (D)
through (Y), respectively, and by inserting after subparagraph (B) the
following new subparagraph:
``(C) section 59B (relating to fair share tax),''.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VII--Fair Share Tax on High-Income Taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
TITLE V--SENSE OF THE HOUSE
SEC. 501. SENSE OF THE HOUSE ON THE NEED FOR A FAIR, BALANCED AND
BIPARTISAN APPROACH TO LONG-TERM DEFICIT REDUCTION.
(a) The House finds that--
(1) every bipartisan commission has recommended--and the
majority of Americans agree--that we should take a balanced,
bipartisan approach to reducing the deficit that addresses both
revenue and spending; and
(2) sequestration is a meat-ax approach to deficit
reduction that imposes deep and mindless cuts, regardless of
their impact on vital services and investments.
(b) It is the sense of the House that the Congress should replace
the entire 10-year sequester established by the Budget Control Act of
2011 with a balanced approach that would increase revenues without
increasing the tax burden on middle-income Americans, and decrease
long-term spending while maintaining the Medicare guarantee, protecting
Social Security and a strong social safety net, and making strategic
investments in education, science, research, and critical
infrastructure necessary to compete in the global economy. | Stop the Sequester Job Loss Now Act Through 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the FY2013-FY2014 sequesters. Makes the budgetary resources for FY2013, which were sequestered by the presidential sequestration order, available for obligation for the same purpose, in the same amount as otherwise would have been available on the date of enactment of this Act and before October 1, 2013, and in the same manner as if such order had not been issued. Reduces the defense discretionary spending limits for the security category for FY2017-FY2021. Eliminates the 2% maximum permissible reduction in budget authority for veterans' medical care. Extends through FY2014 agricultural commodity programs generally under the Food, Conservation, and Energy Act of 2008, but not the direct payment programs for wheat, corn, grain sorghum, barley, oats, upland cotton, long and medium grain rice, soybeans, other oilseeds, and peanuts. Amends the Internal Revenue Code to: (1) prohibit the use of the last-in, first out (LIFO) accounting method by major integrated oil companies, (2) deny such oil companies a tax deduction for income attributable to the domestic production of oil and gas, and (3) deny them also the tax deduction for intangible drilling and development costs. Requires an individual high-income taxpayer whose adjusted gross income exceeds $1 million (adjusted annually for inflation) to pay a minimum (fair share) tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year. Declares that it is the sense of the House that Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would: (1) increase revenues without increasing the tax burden on middle-income Americans; and (2) decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy. | {"src": "billsum_train", "title": "Stop the Sequester Job Loss Now Act Through 2014"} | 3,626 | 481 | 0.525813 | 1.816365 | 0.676021 | 4.878345 | 7.416058 | 0.868613 |
SECTION 1. CREDIT FOR CERTAIN EMPLOYER-PROVIDED RETIREE HEALTH CARE
COVERAGE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45N. EMPLOYER-PROVIDED RETIREE HEALTH CARE COVERAGE.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible employer, the retiree health care coverage credit determined
under this section for the taxable year is an amount equal to 10
percent of qualified retiree health care expenses paid or incurred by
the taxpayer during such taxable year in connection with the provision
of qualified retiree health care coverage.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means for a taxable year any employer--
``(1) which is eligible for the deduction under section 199
for such taxable year, or
``(2) at least 50 percent of the gross receipts of which
derived from activities within the United States for such
taxable year are domestic production gross receipts (as defined
in section 199(c)(4)).
``(c) Qualified Retiree Health Care Expenses.--For purposes of this
section, the term `qualified retiree health care expenses' means any
amount paid or incurred by an eligible employer for qualified retiree
health care coverage to the extent such amount is attributable to
coverage provided to any employee and such employee's spouse and
dependents while such employee is a qualified employee.
``(d) Qualified Employee.--For purposes of this section--
``(1) In general.--The term `qualified employee' means any
retired employee of an employer who, with respect to any
period--
``(A) has attained 55 but not 66 years of age, and
``(B) is not provided health insurance coverage
under title XVIII of the Social Security Act.
``(2) Employee.--The term `employee' does not include an
employee within the meaning of section 401(c)(1).
``(e) Qualified Retiree Health Care Coverage.--For purposes of this
section, the term `qualified retiree health care coverage' means health
care coverage, through the purchase of insurance or otherwise, the
value of which meets or exceeds on an actuarial basis the value of any
service benefit plan (standard option with preferred provider
organization) offered under chapter 89 of title 5, United States Code.
``(f) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(g) Denial of Double Benefits.--
``(1) Other credits.--No credit under any other provision
of this chapter shall be allowed with respect to qualified
retiree health care expenses taken into account under
subsection (a).
``(2) Deduction.--The amount of any deduction allowable
under this chapter with respect to any qualified retiree health
care expenses paid or incurred during the taxable year shall be
reduced by the amount of the credit allowed under subsection
(a) with respect to such expenses for such taxable year.
``(h) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.
``(i) Termination.--This section shall not apply to premiums paid
or incurred after December 31, 2009.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``and'' at the end of paragraph (29), by
striking the period at the end of paragraph (30) and inserting ``,
plus'', and by adding at the end the following:
``(31) the retiree health care coverage credit determined
under section 45N.''.
(c) Credit Allowed Against the Alternative Minimum Tax.--Section
38(c)(4)(B) of the Internal Revenue Code of 1986 (defining specified
credits) is amended by striking the period at the end of clause
(ii)(II) and inserting ``, and'', and by adding at the end the
following new clause:
``(iii) the credit determined under section
45N.''.
(d) 10-Year Carryback and Unlimited Carryforward of Credit.--
Subsection (a) of section 39 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(4) 10-year carryback and unlimited carryforward for
premiums credit.--In the case of the retiree health care
coverage credit under section 45N--
``(A) this section shall be applied separately from
the business credit (other than such retiree health
care coverage credit),
``(B) paragraph (1) shall be applied by
substituting `10 taxable years' for `1 taxable years'
in subparagraph (A) thereof and by striking `20' in
subparagraph (B) thereof, and
``(C) paragraph (2) shall be applied by striking
`21' in subparagraph (A) thereof and by striking `20'
in subparagraph (B) thereof.''.
(e) Conforming Amendments.--
(1) Section 6501(m) of the Internal Revenue Code of 1986 is
amended by inserting ``45N(h),'' after ``45C(d)(4),''.
(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:
``Sec. 45N. Employer-provided retiree health care insurance
premiums.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act. | Amends the Internal Revenue Code to allow employers eligible for the tax deduction for income attributable to domestic production activities a tax credit for 10% of the health care expenses of retired employee between age 55 and 66 who are not Medicare-eligible. Terminates such tax credit after 2009. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a tax credit for certain employer-provided retiree health care coverage, and for other purposes."} | 1,387 | 61 | 0.536274 | 1.152714 | 0.73711 | 1.471698 | 22.698113 | 0.792453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trauma Care Systems Planning and
Development Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government and State governments have
established a history of cooperation in the development,
implementation, and monitoring of integrated, comprehensive
systems for the provision of emergency medical services.
(2) Trauma is the leading cause of death of Americans
between the ages of 1 and 44 years and is the third leading
cause of death in the general population of the United States.
(3) In 1995, the total direct and indirect cost of
traumatic injury in the United States was estimated at
$260,000,000,000.
(4) There are 40,000 fatalities and 5,000,000 nonfatal
injuries each year from motor vehicle-related trauma, resulting
in an aggregate annual cost of $230,000,000,000 in medical
expenses, insurance, lost wages, and property damage.
(5) Barriers to the receipt of prompt and appropriate
emergency medical services exist in many areas of the United
States.
(6) The number of deaths from trauma can be reduced by
improving the systems for the provision of emergency medical
services in the United States.
(7) Trauma care systems are an important part of the
emergency preparedness system needed for homeland defense.
SEC. 3. AMENDMENTS.
(a) Establishment.--Section 1201 of the Public Health Service Act
(42 U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, acting through the Administrator of the
Health Resources and Services Administration,'' after
``Secretary'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) collect, compile, and disseminate information on the
achievements of, and problems experienced by, State and local
agencies and private entities in providing trauma care and
emergency medical services and, in so doing, give special
consideration to the unique needs of rural areas;'';
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by inserting ``to enhance each State's
capability to develop, implement, and sustain
the trauma care component of each State's plan
for the provision of emergency medical
services'' after ``assistance''; and
(ii) by striking ``and'' after the
semicolon;
(E) in paragraph (5), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(6) promote the collection and categorization of trauma
data in a consistent and standardized manner.'';
(2) in subsection (b), by inserting ``, acting through the
Administrator of the Health Resources and Services
Administration,'' after ``Secretary''; and
(3) by striking subsection (c).
(b) Clearinghouse on Trauma Care and Emergency Medical Services.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
(1) by striking section 1202; and
(2) by redesignating section 1203 as section 1202.
(c) Establishment of Programs for Improving Trauma Care in Rural
Areas.--Section 1202(a) of the Public Health Service Act, as such
section was redesignated by subsection (b), is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, such as advanced trauma life support,''
after ``model curricula'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) by increasing communication and coordination with
State trauma systems.''.
(d) Requirement of Matching Funds for Fiscal Years Subsequent to
First Fiscal Year of Payments.--Section 1212 of the Public Health
Service Act (42 U.S.C. 300d-12) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for the third fiscal year of such payments to
the State, not less than $1 for each $1 of Federal
funds provided in such payments for such fiscal year;
``(C) for the fourth fiscal year of such payments
to the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal year;
and
``(D) for the fifth fiscal year of such payments to
the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal
year.''; and
(2) in subsection (b)--
(A) in paragraph (1), by adding ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(e) Requirements With Respect To Carrying Out Purpose of
Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C.
300d-13) is amended--
(1) in subsection (a)--
(A) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``nationally
recognized'' after ``contains'';
(B) in paragraph (5), by inserting ``nationally
recognized'' after ``contains'';
(C) in paragraph (6), by striking ``specifies
procedures for the evaluation of designated'' and
inserting ``utilizes a program with procedures for the
evaluation of'';
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``in accordance with data
collection requirements developed in
consultation with surgical, medical, and
nursing specialty groups, State and local
emergency medical services directors, and other
trained professionals in trauma care'' after
``collection of data'';
(ii) in subparagraph (A), by inserting
``and the number of deaths from trauma'' after
``trauma patients''; and
(iii) in subparagraph (F), by inserting
``and the outcomes of such patients'' after
``for such transfer'';
(E) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12), respectively; and
(F) by inserting after paragraph (9) the following:
``(10) coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning;'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``concerning such'' and inserting ``that
outline resources for optimal care of the
injured patient''; and
(ii) in subparagraph (D), by striking
``1992'' and inserting ``2004''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``1991'' and inserting ``2004''; and
(ii) in subparagraph (B), by striking
``1992'' and inserting ``2004''; and
(3) in subsection (c), by striking ``1990, the Secretary
shall develop a model plan'' and inserting ``2003, the
Secretary shall update the model plan''.
(f) Requirement of Submission to Secretary of Trauma Plan and
Certain Information.--Section 1214(a) of the Public Health Service Act
(42 U.S.C. 300d-14(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``1991'' and inserting ``2004'';
and
(B) by inserting ``that includes changes and
improvements made and plans to address deficiencies
identified'' after ``medical services''; and
(2) in paragraph (2), by striking ``1991'' and inserting
``2004''.
(g) Restrictions on Use of Payments.--Section 1215(a)(1) of the
Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by
striking the period at the end and inserting a semicolon.
(h) Requirements of Reports by States.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and
inserting the following:
``SEC. 1216. [RESERVED].''.
(i) Report by the Secretary.--Section 1222 of the Public Health
Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and
inserting ``2006''.
(j) Funding.--Section 1232(a) of the Public Health Service Act (42
U.S.C. 300d-32(a)) is amended to read as follows:
``(a) Authorization of Appropriations.--For the purpose of carrying
out parts A and B, there are authorized to be appropriated $12,000,000
for fiscal year 2004, and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.
(k) Conforming Amendment.--Section 1232(b)(2) of the Public Health
Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204''
and inserting ``1202''.
(l) Institute of Medicine Study.--Part E of title XII of the Public
Health Service Act (20 U.S.C. 300d-51 et seq.) is amended--
(1) by striking the part heading and inserting the
following:
``Part E--Miscellaneous Programs'';
and
(2) by adding at the end the following:
``SEC. 1254. INSTITUTE OF MEDICINE STUDY.
``(a) In General.--The Secretary shall enter into a contract with
the Institute of Medicine of the National Academy of Sciences, or
another appropriate entity, to conduct a study on the state of trauma
care and trauma research.
``(b) Content.--The study conducted under subsection (a) shall--
``(1) examine and evaluate the state of trauma care and
trauma systems research (including the role of Federal entities
in trauma research) on the date of enactment of this section,
and identify trauma research priorities;
``(2) examine and evaluate the clinical effectiveness of
trauma care and the impact of trauma care on patient outcomes,
with special attention to high-risk groups, such as children,
the elderly, and individuals in rural areas;
``(3) examine and evaluate trauma systems development and
identify obstacles that prevent or hinder the effectiveness of
trauma systems and trauma systems development;
``(4) examine and evaluate alternative strategies for the
organization, financing, and delivery of trauma care within an
overall systems approach; and
``(5) examine and evaluate the role of trauma systems and
trauma centers in preparedness for mass casualties.
``(c) Report.--Not later than 2 years after the date of enactment
of this section, the Secretary shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2004 and 2005.''.
(m) Residency Training Programs in Emergency Medicine.--Section
1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is
amended by striking ``1993 through 1995'' and inserting ``2004 through
2008''.
(n) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended in the section heading by striking ``demonstration''.
(o) Interagency Program for Trauma Research.--Section 1261 of the
Public Health Service Act (42 U.S.C. 300d-61) is amended--
(1) in subsection (a), by striking ``conducting basic'' and
all that follows through the period at the end of the second
sentence and inserting ``basic and clinical research on trauma
(in this section referred to as the `Program'), including the
prevention, diagnosis, treatment, and rehabilitation of trauma-
related injuries.'';
(2) by striking subsection (b) and inserting the following:
``(b) Plan for Program.--The Director shall establish and implement
a plan for carrying out the activities of the Program, taking into
consideration the recommendations contained within the report of the
NIH Trauma Research Task Force. The plan shall be periodically
reviewed, and revised as appropriate.'';
(3) in subsection (d)--
(A) in paragraph (4)(B), by striking ``acute head
injury'' and inserting ``traumatic brain injury''; and
(B) in subparagraph (D), by striking ``head'' and
inserting ``traumatic'';
(4) by striking subsection (g);
(5) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(6) in subsection (h), as redesignated by paragraph (5), by
striking ``2001 through 2005'' and inserting ``2004 through
2008''.
Passed the Senate June 23, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Trauma Care Systems Planning and Development Act of 2003 - (Sec. 3) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to collect, compile, and disseminate information regarding trauma care and emergency medical services, and, in so doing, to give special consideration to the needs of rural areas. Directs the Secretary to provide to State and local agencies technical assistance in developing, implementing, and sustaining the trauma care component of each State's plan for the provision of emergency medical services. (Current law directs the Secretary to provide technical assistance to States and local agencies with respect to trauma care.)Removes provisions dealing with a National Clearinghouse on Trauma Care and Emergency Medical Services.Modifies provision pertaining to grants to improve trauma care in rural areas to allow the Secretary to make grants to entities to improve care by increasing communication and coordination with State trauma systems.Amends provisions concerning matching funds for modifications of the trauma care part of State emergency services plans, including to modify the matching requirements to not less than $1 for each $1 of Federal funds in the third year of payments and not less then $2 for each $1 of Federal funds in the fourth and fifth years. (Currently, the amount is set at not less than $1 for each $1 of Federal funding in the second year and not less than $3 for each $1 of Federal funding in the third year and subsequent years.)Amends requirements with respect to carrying out the purpose of allotments, including to require a State plan for emergency medical services to: (1) identify the number of deaths from trauma within regional trauma care systems in the State; and (2) coordinate planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning. Directs the Secretary to update the model trauma care plan.Requires States in FY 2004 and in following years to submit to the Secretary the trauma care part of their emergency services plans in order to receive Federal allotments to support the modification of such part. Requires such submission to include changes and improvements made and plans to address deficiencies.Authorizes appropriations through FY 2008 for general duties of the Secretary with regard to trauma care and for formula grants with respect to modifications of State plans.Directs the Secretary to: (1) enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research; and (2) report the results to Congress. Authorizes appropriations for such study and report for FY 2004 and 2005.Authorizes appropriations through FY 2008 for residency training programs in emergency medicine.Amends provisions pertaining to the Interagency Program for Trauma Research. Directs the Director of the National Institutes of Health, in establishing and implementing a plan for carrying out the Program, to take into consideration the recommendations contained within the report of the NIH Trauma Research Task Force. Authorizes appropriations for the Program through FY 2008. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes."} | 3,111 | 638 | 0.587514 | 1.958468 | 0.708253 | 3.585106 | 5.015957 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Forgiveness Act of
2000''.
TITLE I--STUDENT LOAN FORGIVENESS FOR TEACHERS
SEC. 101. REVISION OF LOAN FORGIVENESS FOR TEACHERS PROGRAM.
(a) In General.--Section 428J of the Higher Education Act of 1965
(20 U.S.C. 1078-10) is amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the teaching profession.
``(b) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under section 428 or 428H, in
accordance with subsection (c), for any borrower who--
``(1) is employed as a full-time teacher in a public
elementary or secondary school; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall repay, for each year
of 4 years of service described in subsection (b)(1), not more
than one-fourth of the aggregate of the loan obligation on a
loan made under section 428 or 428H that is outstanding at the
beginning of the first year of such service, so that at the end
of such 4 years the the entire loan obligation is repaid. No
borrower may receive a reduction of loan obligations under both
this section and section 460.
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this subsection and subtitle D of
title I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).
``(g) Definition.--For purposes of this section, the term `year',
where applied to service as a teacher, means an academic year as
defined by the Secretary.''.
(b) No Income Tax by Reason of Loan Forgiveness.--Subsection (f) of
section 108 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(4) Loan forgiveness for teachers.--In the case of an
individual, gross income does not include any amount which (but
for this paragraph) would be includible in gross income by
reason of the discharge (in whole or in part) of any loan if
such discharge was pursuant to section 428J of the Higher
Education Act of 1965 (20 U.S.C. 1078-10), as in effect on the
date of the enactment of this paragraph.''
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to years of service described in section 428J(b)(1)
of the Higher Education Act of 1965 (as amended by such subsection)
that begin on or after July 1, 1998.
TITLE II--TAX CREDITS FOR TEACHING
SEC. 201. $1,000 CREDIT FOR FULL-TIME PUBLIC ELEMENTARY AND SECONDARY
SCHOOL TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. CREDIT FOR FULL-TIME PUBLIC ELEMENTARY AND SECONDARY SCHOOL
TEACHERS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year the amount of $1,000.
``(b) Eligible Individual.--For purposes of subsection (a), the
term `eligible individual' means any individual who, for the academic
year ending in the taxable year, was a full-time teacher at a public
elementary or secondary school.
``(c) Reduction of Credit Where Loan Forgiven by Reason of
Teaching.--The $1,000 amount in subsection (a) shall be reduced (but
not below zero) by the amount of any loan for the education of the
individual which is forgiven or canceled during the taxable year by
reason of being such a teacher.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Credit for full-time public
elementary and secondary school
teachers.''
(c) Effective Date.--The amendments made by this section apply to
taxable years beginning after the date of the enactment of this Act. | Amends the Internal Revenue Code (IRC) to provide that such student loan forgiveness shall not be included in an individual's gross income for income tax purposes.
Title II: Tax Credits for Teaching
- Amends IRC to provide a tax credit of $1,000 for public elementary and secondary school teachers. Reduces the amount of such credit in cases of student loan forgiveness for teachers. | {"src": "billsum_train", "title": "Student Loan Forgiveness Act of 2000"} | 1,298 | 82 | 0.506009 | 1.163964 | 0.376088 | 2.082192 | 14.931507 | 0.849315 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborn and Infant Hearing Screening
and Intervention Act of 1999''.
SEC. 2. EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND
INFANTS WITH HEARING LOSS.
(a) Definitions.--For the purposes of this Act only, the following
terms in this section are defined as follows:
(1) Hearing screening.--Newborn and infant hearing
screening consists of objective physiologic procedures to
detect possible hearing loss and to identify newborns and
infants who, after rescreening, require further audiologic and
medical evaluations.
(2) Audiologic evaluation.--Audiologic evaluation consists
of procedures to assess the status of the auditory system; to
establish the site of the auditory disorder; the type and
degree of hearing loss, and the potential effects of hearing
loss on communication; and to identify appropriate treatment
and referral options. Referral options should include linkage
to state IDEA Part C coordinating agencies or other appropriate
agencies, medical evaluation, hearing aid/sensory aid
assessment, audiologic rehabilitation treatment, national and
local consumer, self-help, parent, and education organizations,
and other family-centered services.
(3) Medical evaluation.--Medical evaluation by a physician
consists of key components including history, examination, and
medical decision making focused on symptomatic and related body
systems for the purpose of diagnosing the etiology of hearing
loss and related physical conditions, and for identifying
appropriate treatment and referral options.
(4) Medical intervention.--Medical intervention is the
process by which a physician provides medical diagnosis and
direction for medical and/or surgical treatment options of
hearing loss and/or related medical disorder associated with
hearing loss.
(5) Audiologic rehabilitation.--Audiologic rehabilitation
(intervention) consists of procedures, techniques, and
technologies to facilitate the receptive and expressive
communication abilities of a child with hearing loss.
(6) Early intervention.--Early intervention (e.g.,
nonmedical) means providing appropriate services for the child
with hearing loss and ensuring that families of the child are
provided comprehensive, consumer-oriented information about the
full range of family support, training, information services,
communication options and are given the opportunity to consider
the full range of educational and program placements and
options for their child.
(b) Purposes.--The purposes of this Act are to clarify the
authority within the Public Health Service Act to authorize statewide
newborn and infant hearing screening, evaluation and intervention
programs and systems, technical assistance, a national applied research
program, and interagency and private sector collaboration for policy
development, in order to assist the States in making progress toward
the following goals:
(1) All babies born in hospitals in the United States and
its territories should have a hearing screening before leaving
the birthing facility. Babies born in other countries and
residing in the United States via immigration or adoption
should have a hearing screening as early as possible.
(2) All babies who are not born in hospitals in the United
States and its territories should have a hearing screening
within the first 3 months of life.
(3) Appropriate audiologic and medical evaluations should
be conducted by 3 months for all newborns and infants suspected
of having hearing loss to allow appropriate referral and
provisions for audiologic rehabilitation, medical and early
intervention before the age of 6 months.
(4) All newborn and infant hearing screening programs and
systems should include a component for audiologic
rehabilitation, medical and early intervention options that ensures
linkage to any new and existing state-wide systems of intervention and
rehabilitative services for newborns and infants with hearing loss.
(5) Public policy in regard to newborn and infant hearing
screening and intervention should be based on applied research
and the recognition that newborns, infants, toddlers, and
children who are deaf or hard-of-hearing have unique language,
learning, and communication needs, and should be the result of
consultation with pertinent public and private sectors.
(c) Statewide Newborn and Infant Hearing Screening, Evaluation and
Intervention Programs and Systems.--Under the existing authority of the
Public Health Service Act, the Secretary of Health and Human Services
(in this Act referred to as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration,
shall make awards of grants or cooperative agreements to develop
statewide newborn and infant hearing screening, evaluation and
intervention programs and systems for the following purposes:
(1) To develop and monitor the efficacy of state-wide
newborn and infant hearing screening, evaluation and
intervention programs and systems. Early intervention includes
referral to schools and agencies, including community,
consumer, and parent-based agencies and organizations and other
programs mandated by Part C of the Individuals with
Disabilities Education Act, which offer programs specifically
designed to meet the unique language and communication needs of
deaf and hard of hearing newborns, infants, toddlers, and
children.
(2) To collect data on statewide newborn and infant hearing
screening, evaluation and intervention programs and systems
that can be used for applied research, program evaluation and
policy development.
(d) Technical Assistance, Data Management, and Applied Research.--
(1) Centers for disease control and prevention.--Under the
existing authority of the Public Health Service Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall make awards of grants or
cooperative agreements to provide technical assistance to State
agencies to complement an intramural program and to conduct
applied research related to newborn and infant hearing
screening, evaluation and intervention programs and systems.
The program shall develop standardized procedures for data
management and program effectiveness and costs, such as--
(A) to ensure quality monitoring of newborn and
infant hearing loss screening, evaluation, and
intervention programs and systems;
(B) to provide technical assistance on data
collection and management;
(C) to study the costs and effectiveness of newborn
and infant hearing screening, evaluation and
intervention programs and systems conducted by State-
based programs in order to answer issues of importance
to state and national policymakers;
(D) to identify the causes and risk factors for
congenital hearing loss;
(E) to study the effectiveness of newborn and
infant hearing screening, audiologic and medical
evaluations and intervention programs and systems by
assessing the health, intellectual and social
developmental, cognitive, and language status of these
children at school age; and
(F) to promote the sharing of data regarding early
hearing loss with state-based birth defects and
developmental disabilities monitoring programs for the
purpose of identifying previously unknown causes of
hearing loss.
(2) National institutes of health.--Under the existing
authority of the Public Health Service Act, the Director of the
National Institutes of Health, acting through the Director of
the National Institute on Deafness and Other Communication
Disorders, shall for purposes of this section, continue a
program of research and development on the efficacy of new
screening techniques and technology, including clinical studies
of screening methods, studies on efficacy of intervention, and
related research.
(e) Coordination and Collaboration.--
(1) In general.--Under the existing authority of the Public
Health Service Act, in carrying out programs under this
section, the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with other Federal agencies; State
and local agencies, including those responsible for early intervention
services pursuant to Title XIX of the Social Security Act (Medicaid
Early and Periodic Screening, Diagnosis and Treatment Program); Title
XXI of the Social Security Act (State Children's Health Insurance
Program); Title V of the Social Security Act (Maternal and Child Health
Block Grant Program; and Part C of the Individuals with Disabilities
Education Act); consumer groups of and that serve individuals who are
deaf and hard-of-hearing and their families; appropriate national
medical and other health and education specialty organizations; persons
who are deaf and hard-of-hearing and their families; other qualified
professional personnel who are proficient in deaf or hard-of-hearing
children's language and who possess the specialized knowledge, skills,
and attributes needed to serve deaf and hard-of-hearing newborns,
infants, toddlers, children, and their families; third-party payers and
managed care organizations; and related commercial industries.
(2) Policy development.--Under the existing authority of
the Public Health Service Act, the Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate on recommendations for policy development at the
Federal and state levels and with the private sector, including
consumer, medical and other health and education professional-
based organizations, with respect to newborn and infant hearing
screening, evaluation and intervention programs and systems.
(3) State early detection, diagnosis, and intervention
programs and systems; data collection.--Under the existing
authority of the Public Health Service Act, the Administrator
of the Health Resources and Services Administration and the
Director of the Centers for Disease Control and Prevention
shall coordinate and collaborate in assisting States to
establish newborn and infant hearing screening, evaluation and
intervention programs and systems under subsection (c) and to
develop a data collection system under subsection (d).
(f) Rule of Construction.--Nothing in this Act shall be construed
to preempt any State law.
(g) Authorization of Appropriations.--
(1) Statewide newborn and infant hearing screening,
evaluation and intervention programs and systems.--For the
purpose of carrying out subsection (c) under the existing
authority of the Public Health Service Act, there are
authorized to the Health Resources and Services Administration
appropriations in the amount of $5,000,000 for fiscal year
2000, $8,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(2) Technical assistance, data management, and applied
research; centers for disease control and prevention.--For the
purpose of carrying out subsection (d)(1) under the existing
authority of the Public Health Service Act, there are
authorized to the Centers for Disease Control and Prevention,
appropriations in the amount of $5,000,000 for fiscal year
2000, $7,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(3) Technical assistance, data management, and applied
research; national institute on deafness and other
communication disorders.--For the purpose of carrying out
subsection (d)(2) under the existing authority of the Public
Health Service Act, there are authorized to the National
Institute on Deafness and Other Communication Disorders
appropriations for such sums as may be necessary for each of
the fiscal years 2000 through 2002. | Newborn and Infant Hearing Screening and Intervention Act of 1999 - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations. | {"src": "billsum_train", "title": "Newborn and Infant Hearing Screening and Intervention Act of 1999"} | 2,283 | 165 | 0.582061 | 1.58795 | 0.859076 | 4.924138 | 15.082759 | 0.965517 |
SECTION 1. HONESTY IN SWEEPSTAKES ACT OF 1999.
(a) Short Title.--This Act may be cited as the ``Honesty in
Sweepstakes Act of 1999''.
(b) Unmailable Matter.--Section 3001 of title 39, United States
Code, is amended by--
(1) redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) inserting after subsection (i) the following:
``(j)(1) Matter otherwise legally acceptable in the mails that--
``(A) constitutes a solicitation or offer in connection
with the sales promotion for a product or service (including
any sweepstakes) that includes the chance or opportunity to win
anything of value; and
``(B) contains words or symbols that suggest that--
``(i) the recipient has or will receive anything of
value if that recipient has in fact not won that thing
of value; or
``(ii) the recipient is likely to receive anything
of value if statistically the recipient is not likely
to receive anything of value,
shall not be carried or delivered by mail, and may be disposed of as
the Postal Service directs, unless such matter bears the notice
described in paragraph (2).
``(2)(A) The notice referred to in paragraph (1) is the following
notice:
``(i) `This is a game of chance (or sweepstakes, if
applicable). You have not automatically won. Your chances of
winning are (inserting corresponding mathematical probability
for each prize shown). No purchase is required either to win a
prize or enhance your chances of winning a prize.', or a notice
to the same effect in words which the Postal Service may
prescribe; or
``(ii) a standardized Postal Service designed warning label
to the same effect as the Postal Service may prescribe.
``(B) The notice described in subparagraph (A) shall be in
conspicuous and legible type in contrast by typography, layout, or
color with other printing on its face, in accordance with regulations
that the Postal Service shall prescribe and be prominently displayed on
the first page of the enclosed printed material and on any other pages
enclosed.
``(C) If the matter described in paragraph (1) is an envelope, the
face of the envelope shall bear the notice described in subparagraph
(A).
``(D) If the matter described in paragraph (1) is an order entry
device, the face of the order entry device shall bear the following
notice:
`` `This is a game of chance (or sweepstakes, if
applicable). No purchase is required either to win a prize or
enhance your chances of winning a prize.', or a notice to the
same effect in words which the Postal Service may prescribe.
``(k) Matter otherwise legally acceptable in the mails that
constitutes a solicitation or offer in connection with the sales
promotion for a product or service that uses any matter resembling a
negotiable instrument shall not be carried or delivered by mail, and
may be disposed of as the Postal Service directs, unless such matter
bears on the face of the negotiable instrument in conspicuous and
legible type in contrast by typography, layout, or color with other
printing on its face, in accordance with regulations which the Postal
Service shall prescribe the following notice: `This is not a check (or
negotiable instrument). This has no cash value.', or a notice to the
same effect in words which the Postal Service may prescribe.''.
(c) Technical Amendment.--Section 3005(a) of title 39, United
States Code, is amended by--
(1) striking ``or'' after ``(h),'' both places it appears;
and
(2) inserting ``, (j), or (k)'' after ``(i)''.
(d) Penalties.--
(1) In general.--Section 3012 of title 39, United States
Code, is amended--
(A) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively;
(B) by inserting after subsection (a) the following:
``(b) Any person who, through use of the mail, sends any matter
which is nonmailable under sections 3001 (a) through (k), 3014, or 3015
of this title, shall be liable to the United States for a civil penalty
in accordance with regulations the Postal Service shall prescribe. The
civil penalty shall not exceed $50,000 for each mailing of less than
50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces;
with an additional $10,000 for each additional 10,000 pieces above
100,000, not to exceed $2,000,000.'';
(C) in subsection (c)(1) and (2), as redesignated, by
inserting after ``of subsection (a)'' the following: ``or
subsection (b),''; and
(D) in subsection (d), as redesignated, by striking
``Treasury of the United States'' and inserting ``Postal
Service Fund established by section 2003 of this title''.
(2) Allocation of Funds.--It is the sense of Congress that civil
penalties collected through the enforcement of the amendment made by
paragraph (1) should be allocated by the Postal Service to increase
consumer awareness of misleading solicitations received through the
mail, including releasing an annual listing of the top 10 offenders of
the Honesty in Sweepstakes Act of 1999.
(e) No Preemption.--Nothing in this Act shall preempt any State law
that regulates advertising or sales promotions or goods and services
that includes the chance or opportunity to win anything of value. | Honesty in Sweepstakes Act of 1999 - Amends Federal postal law to prohibit, unless specified notices in a specified font are printed on the envelope, enclosed material, or face of the order entry device, delivery of any mail constituting a solicitation, offer, or sweepstakes in connection with a sales promotion for a product or service: (1) that includes the chance or opportunity to win anything of value if such mail contains words or symbols that suggest that the recipient has received or will receive anything of value if the recipient has in fact not won that thing of value; (2) that states that the recipient is likely to receive anything of value if statistically the recipient is not likely to receive anything of value; or (3) resembling a negotiable instrument.
Prescribes civil penalties for any person who, through the use of the mail, sends any matter which is nonmailable under Federal postal law. Deposits such penalties into the Postal Service Fund (currently, the Treasury).
Expresses the sense of the Congress that civil penalties collected through the enforcement of this Act should be allocated by the Postal Service to increase consumer awareness of misleading solicitations received through the mail, including releasing an annual listing of the top ten offenders of this Act.
States that nothing in this Act shall preempt any State law that regulates advertising or sales of goods and services associated with any game of chance. | {"src": "billsum_train", "title": "Honesty in Sweepstakes Act of 1999"} | 1,292 | 309 | 0.654815 | 2.128319 | 0.82649 | 4.382022 | 4.498127 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Technology Corporation Act
of 1993''.
SEC. 2. ESTABLISHMENT OF CORPORATION.
(a) In General.--There shall be established a Civilian Technology
Corporation. The Corporation shall be operated for the purpose of
providing financial support for precommercial research and development
into technologies that are significant to the technology base of the
United States.
(b) Corporation not an Establishment of the United States.--The
Corporation shall not be an agency or establishment of the United
States.
(c) Privacy Act.--Notwithstanding subsection (b), the Corporation
shall be treated as an agency for the purposes of section 552a of title
5, United States Code.
SEC. 3. INCORPORATION.
The board of directors of the Corporation first appointed shall be
the incorporators and shall take all necessary actions to establish the
Corporation, including the filing of articles of incorporation.
SEC. 4. DIRECTORS, OFFICERS, AND EMPLOYEES.
(a) Board of Directors.--
(1) Appointment and number.--The Corporation shall have a
Board consisting of 9 individuals appointed by the President
with the advice and consent of the Senate.
(2) Qualifications.--The directors of the Corporation shall
have the following qualifications:
(A) Not more than 5 directors shall be members of
the same political party.
(B) The directors shall have technical, business,
or scientific expertise in civil research and
development or expertise in the area of economics.
(C) Each director shall be a United States Citizen.
(3) No conflict of interest.--A director may not
participate in the deliberations on, or vote on, a matter
regarding an application, claim, or other matter pending before
the Corporation, if, to his knowledge, he, his spouse, minor
child, parent, sibling, partner, or organization, other than
the Corporation, in which he is serving as an officer,
director, trustee, partner, or employee, or any person with
whom he is negotiating or has any arrangement concerning
prospective employment, has a financial interest in the matter.
A director who violates this paragraph shall be subject to
removal from the Board, but such a violation shall not impair,
nullify, or otherwise affect the validity of any otherwise
lawful action by the Corporation in which such director
participated.
(4) Compensation.--The compensation of the Board shall be
determined by the President with the advice and consent of the
Senate.
(5) Terms and vacancies.--Members of the Board shall serve
terms of 5 years, and may serve a maximum of two terms. Any
vacancy in the membership of the Board shall be filled in the
manner set forth in paragraph (1).
(6) No federal employees.--An individual who is a member of
the Congress, or an officer or employee of the United States,
may not serve on the Board.
(7) Chairperson and vice-chairperson.--The Chairperson and
Vice-Chairperson of the Board shall be selected by the
President. The position of Chairperson shall be a full-time
position and the individual who serves as Chairperson may not
serve in any other salaried position.
(8) Bylaws.--The Board is empowered to adopt and amend
bylaws governing the operation of the Corporation. Such bylaws
shall not be inconsistent with the provisions of this Act or
the articles of incorporation of the Corporation.
(b) Officers and Employees.--
(1) Appointment.--The Board shall appoint a chief executive
officer, who shall have the authority to appoint such other
officers and employees as he deems necessary to carry out the
provisions of this Act and the functions of the Corporation.
(2) Qualifications.--Officers and employees of the
Corporation shall have technical, business, or administrative
expertise in civil research and development or expertise in the
area of economics.
(3) No conflict of interest.--An officer or employee may
not participate in a matter regarding an application, claim, or
other matter pending before the Corporation, if, to his
knowledge, he, his spouse, minor child, partner, or
organization, other than the Corporation, in which he is
serving as an officer, director, trustee, partner, or employee,
or any person with whom he is negotiating or has any
arrangement concerning prospective employment, has a financial
interest in the matter. An officer or employee who violates
this paragraph shall be subject to termination, but such a
violation shall not impair, nullify, or otherwise affect the
validity of any otherwise lawful action by the Corporation in
which such officer or employee participated.
(4) Compensation.--The rates of compensation for all
officers and employees shall be fixed by the chief executive
officer.
(5) Tenure.--Officers and employees shall serve at the
pleasure of the Board.
SEC. 5. GENERAL POWERS.
The Corporation shall have the power to do the following:
(1) Have succession in the name of the Corporation.
(2) Adopt, alter, and use a corporate seal.
(3) Sue and be sued in the name of the Corporation.
(4) Make and carry out contracts.
(5) Exercise such other incidental powers not inconsistent
with this Act that are necessary or appropriate to carry out
the purposes and functions of the Corporation, including the
usual powers conferred upon a corporation by the District of
Columbia Business Corporation Act.
SEC. 6. CIVILIAN TECHNOLOGY DEVELOPMENT FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States the Civilian Technology Development Fund. The Fund
shall be administered by the Corporation in order to carry out the
purposes of this Act. The Fund shall consist of the amounts
appropriated under subsection (b).
(b) Authorization of Appropriation.--There is authorized to be
appropriated $5,000,000,000 to be deposited into the Fund and to remain
available until expended.
(c) Expenditures From the Fund.--
(1) In general.--Amounts in the Fund shall be made
available without fiscal year limitation to the Corporation for
the purposes of providing financial support, through direct
investment, loans, licenses, equity positions, and joint
venture partnerships, to United States based consortia, private
United States businesses with promising research agendas, and
educational institutions participating in joint research
projects with private United States businesses, for
precommercial research and development in technologies that are
significant to the technology base of the United States. In
providing such financial support, the Corporation shall--
(A) invest in areas where the social rate of return
is expected to be high but where individual firms or
consortia are unlikely to invest because the economic
rate of return is expected to be low;
(B) invest in precommercial areas where the social
rate of return on investments is expected to be higher
than the expected rate of return in the private sector,
including research and development projects that appear
to have the potential to enhance productivity and long-
term economic growth;
(C) invest exclusively in projects that were
initiated by industry and that include industry
participation; and
(D) except as provided in paragraph (2)(B), invest
in a project only if the Corporation shall be obligated
to contribute not more than 50 percent of the cost of
such project.
(2) Board approval.--
(A) In general.--No expenditures shall be made
under this subsection unless approved by a majority
vote of the Board following a consideration of the
factors referred to in paragraph (1).
(B) Increased contribution.--Notwithstanding
paragraph (1)(D), the Corporation may contribute more
than 50 percent of the cost of a project if the Board
approves such a contribution by a two-thirds vote.
(d) Investment of Excess Funds.--If the Corporation determines that
the amount of money in the Fund exceeds the current requirements of the
Corporation, the Corporation may direct the Secretary of the Treasury
to invest such amounts as the Corporation deems advisable, for such
period as the Corporation directs, in obligations of the United States,
in obligations guaranteed by the United States Government, or in such
other obligations or securities of the United States as the Secretary
of the Treasury deems appropriate.
SEC. 7. CONSULTATION WITH FEDERAL AGENCIES AND DEPARTMENTS, AND WITH
PRIVATE PARTIES.
(a) Consultation With Federal Agencies.--In carrying out this Act,
the Board and the Corporation shall consult frequently with the
following Federal agencies and departments: the Office of Management
and Budget, the Department of Energy, the Department of Defense, the
National Science Foundation, and the Office of Science and Technology
Policy.
(b) Consultation With Private Parties.--In carrying out this Act,
the Board and the Corporation shall solicit comments from private
parties, including representatives of both industry and labor
organizations.
SEC. 8. REVIEW OF CORPORATION BY BLUE RIBBON PANEL.
(a) Appointment of Panel.--Not later than 90 days after the
President and the Congress have received the report under section
10(b), the President, the Senate, and the House of Representatives
shall jointly appoint a panel to carry out the review referred to in
subsection (b). The President shall appoint 3 members of the panel, the
Senate shall appoint 3 members of the panel, and the House of
Representatives shall appoint 3 members of the panel.
(b) Review by Panel.--Not later than 9 years after the date of
enactment of this Act, the panel shall conduct a review of the
performance of the Corporation to determine whether the Corporation--
(1) has had an overall positive effect on the ability of
the ability of United States industry to commercialize and
adopt new technologies;
(2) has invested in projects that exhibited a high
potential social rate of return if successful;
(3) has elicited strong, continuing support in the private
sector, particularly as reflected in the willingness of firms
to fund cooperative research and development projects carried
out under the sponsorship of the Corporation; and
(4) should be terminated.
(c) Report.--Upon completion of the review referred to in
subsection (b), the panel shall submit a report to the President, the
Congress, and the Corporation. If the panel determines that the
Corporation should be terminated, the report shall include a
recommended termination date.
SEC. 9. AUDIT BY COMPTROLLER GENERAL.
The Comptroller General of the United States is authorized to audit
the financial transactions of the Corporation, including the operations
of the Fund. For the purposes of carrying out such an audit, the
Comptroller General shall have access to all books, records, and
property belonging to, or in the possession of, the Corporation or a
person or entity which has entered into a financial relationship with
the Corporation, which pertain to the Corporation and which are
necessary to carry out the audit. The Comptroller General shall make a
report of each such audit to the Congress and the President.
SEC. 10. REPORTS.
(a) Initial Report.--The Corporation shall, after the completion of
the 4th year after the date of enactment of this Act, submit a report
to the President and the Congress concerning the activities of the
Corporation in carrying out the purposes of this Act. Such report shall
include a description of the activities, expenditures, and investments
of the Corporation, an analysis of the social rate of return of
projects in which the Corporation participated, and projections of
future activities, expenditures, and investments.
(b) Prereview Report.--The Corporation shall, not later than 8
years after the date of enactment of this Act, submit a report to the
President and the Congress. Such report shall contain the type of
information referred to in subsection (a).
SEC. 11. ADMINISTRATION.
(a) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, receive such evidence, and
publish or otherwise distribute so much of its proceedings and reports
as it may deem advisable.
(b) Office Space and Equipment.--The Board may acquire, furnish,
and equip such office space as it determines necessary.
(c) Mails.--The Board is authorized to use the United States mails
in the same manner and upon the same conditions as Federal departments
and agencies.
(d) Necessary Expenses.--The Board may incur such necessary
expenses and exercise such powers as are consistent and reasonably
required to perform its functions.
(e) Records.--To the extent permitted by law, all appropriate
records and papers of the Board shall be made available for public
inspection.
(f) Aid From Federal Agencies.--Upon the request of the Board, the
head of a Federal department or agency is authorized to--
(1) furnish to the Board such information as the Board
deems necessary for carrying out its functions and as is
available to the agency; and
(2) detail for temporary duty, on a reimbursable basis,
such personnel as the Board deems necessary to carry out its
functions.
(g) Meetings.--
(1) Number.--The Board shall meet quarterly each year, and
may meet additional times at the call of the Chairperson.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
(3) Open to public.--All meetings of the Board held to
conduct official business of the Corporation shall be open to
the public following reasonable public notice, except that the
Board may close a meeting to the public if the Board determines
by a majority vote, at a meeting open to the public, that it is
necessary to close such meeting.
SEC. 12. MISCELLANEOUS PROVISIONS.
(a) Jurisdiction.--
(1) In general.--Whenever the Corporation is a party to any
civil action under this Act, such action shall be deemed to
arise under the laws of the United States. No attachment or
execution may be issued against the Corporation, or any
property thereof, prior to entry of final judgment.
(2) Citizenship of corporation.--The Corporation shall be
deemed to be a citizen only of the District of Columbia for the
purpose of determining the original jurisdiction of the
district courts of the United States in civil actions to which
the Corporation is a party.
(b) District of Columbia Laws Relating to Leases and Contracts.--
Leases and contracts entered into by the Corporation, regardless of the
place where such leases or contracts may be executed, shall be governed
by the laws of the District of Columbia.
(c) Business Activity and Qualification; District of Columbia as
Principal Office and Place of Business for Process.--The Corporation
shall be deemed to be qualified to do business in each State in which
it performs any activity authorized under this Act. The Corporation
shall accept service of process addressed by certified mail to the
secretary of the Corporation at its principal office and place of
business in Washington, District of Columbia.
SEC. 13. DEFINITIONS.
For purposes of this Act:
(1) The term ``Board'' means the board of directors of the
Civilian Technology Corporation.
(2) The term ``Corporation'' means the Civilian Technology
Corporation established under sections 2 and 3.
(3) The term ``Fund'' means the Civilian Technology
Development Fund established by section 6.
(4) The term ``panel'' means the panel established by
section 8. | Civilian Technology Corporation Act of 1993 - Establishes the Civilian Technology Corporation to finance precommercial research and development technologies that are significant to the U.S. technology base.
Establishes in the Treasury the Civilian Technology Development Fund.
Directs the President, the Senate, and the House of Representatives to jointly appoint a Corporation review panel which shall report to the President, the Congress, and the Corporation upon completion of its review. | {"src": "billsum_train", "title": "Civilian Technology Corporation Act of 1993"} | 3,341 | 98 | 0.523748 | 1.310536 | 0.4077 | 4.35443 | 39.341772 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Homeland Security Review
Technical Correction Act of 2016''.
SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) representatives from appropriate advisory
committees established pursuant to section 871 of this
Act, including the Homeland Security Advisory Council
and the Homeland Security Science and Technology
Advisory Committee, or otherwise established, including
the Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolan after
``paragraph (2)'' and inserting ``, including
any resources identified from redundant,
wasteful, or unnecessary capabilities and
capacities that can be redirected to better
support other existing capabilities and
capacities; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``December 31 of the year''
and inserting ``60 days after the date of the
submittal of the President's budget for the
fiscal year after the fiscal year''; and
(ii) by striking ``conducted'' and
inserting ``required under subsection (a)(1)'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D), by inserting
``to the extent practicable,'' before ``a
description'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding the quadrennial homeland security review:
``(A) Records regarding the consultation carried
out the pursuant to subsection (a)(3), including--
``(i) all written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process; and
``(ii) information on how feedback received
by the Secretary informed the quadrennial
homeland security review.
``(B) Information regarding the risk assessment, as
required under subsection (c)(2)(B), including--
``(i) the risk model utilized to generate
the risk assessment;
``(ii) information, including data used in
the risk model, utilized to generate the risk
assessment;
``(iii) sources of information, including
other risk assessments, utilized to generate
the risk assessment; and
``(iv) information on assumptions, weighing
factors, and subjective judgments utilized to
generate the risk assessment, together with
information on the rationale or basis
thereof.''; and
(4) by adding at the end the following new subsection:
``(e) Review.--Not later than 90 days after the submission of the
report pursuant to subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the review were integrated into the
acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply
with respect to a quadrennial homeland security review required to be
submitted after December 31, 2017.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on July 5, 2016. Quadrennial Homeland Security Review Technical Correction Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to make technical corrections regarding quadrennial homeland security reviews. The bill includes among the entities with whom the Department of Homeland Security (DHS) is required to consult in conducting each review appropriate advisory committees established pursuant to such Act or otherwise, including the Homeland Security Advisory Council, the Homeland Security Science and Technology Advisory Committee, and the Aviation Security Advisory Committee. DHS's outline and prioritization of the full range of critical homeland security mission areas of the nation for each review must be based on a risk assessment of the nation's homeland security interests. Each review shall include a description of: (1) the resources required for the homeland security program (currently, a budget plan for such program); and (2) the resources required to execute the missions called for in the homeland security strategy and the homeland security mission areas (currently, a budget plan for such resources), including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities. DHS must submit the report on each review within 60 days after the date of submittal of the President's budget for the fiscal year after the fiscal year in which such a review is required (currently by December 31 of the year in which the review is conducted). The bill repeals requirements that DHS review and assess the effectiveness of the mechanisms of DHS for executing the process of turning the requirements developed in each review into an acquisition strategy and expenditure plan. But DHS must provide information on the degree to which the findings and recommendations developed in each review were integrated into DHS's acquisition strategy and expenditure plans. DHS must retain and, upon request, provide specified documentation regarding each review, including: (1) records regarding the consultation carried out, and (2) information regarding the risk assessment of the nation's homeland security interests. This bill shall apply to each quadrennial homeland security review required to be submitted after December 31, 2017. | {"src": "billsum_train", "title": "Quadrennial Homeland Security Review Technical Correction Act of 2016"} | 1,321 | 450 | 0.610829 | 1.881874 | 0.762368 | 2.723404 | 2.888889 | 0.799054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honorable Stephanie Tubbs Jones
College Fire Prevention Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Approved fire suppression system.--The term ``approved
fire suppression system'' means a fire suppression system
that--
(A) meets with applicable codes and standards for
the jurisdiction where it is being installed, or the
standards promulgated by national model code
organizations such as the National Fire Protection
Association or the International Code Council;
(B) ensures that the safety of students with
disabilities is met; and
(C) may include--
(i) an automatic fire sprinkler system;
(ii) a fire and smoke alarm and detection
system; and
(iii) a mass communication system that can
be used in the event of a fire, disaster, or
other emergency.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3. ESTABLISHMENT OF THE HONORABLE STEPHANIE TUBBS JONES FIRE
SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM.
(a) Grants.--The Secretary, in consultation with the United States
Fire Administration, shall establish a demonstration program to award
grants on a competitive basis to any eligible entity for the purpose of
installing approved fire suppression systems in student housing and
dormitories owned or controlled by that eligible entity.
(b) Eligible Entity.--In this Act, the term ``eligible entity''
means any of the following:
(1) An institution of higher education, including an
institution eligible to receive assistance under part A or B of
title III or title V of the Higher Education Act of 1965 (20
U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq.; 20 U.S.C. 1101 et
seq.).
(2) A social fraternity or sorority exempt from taxation
under section 501(a) of the Internal Revenue Code of 1986 (26
U.S.C. 501(a)), the active membership of which consists
primarily of students in attendance at an institution of higher
education.
(c) Selection Priority.--In making grants under subsection (a), the
Secretary shall give priority to eligible entities that demonstrate the
greatest financial need.
(d) Reserved Amounts.--
(1) In general.--Of the amount made available to the
Secretary for grants under this section for each fiscal year,
the Secretary shall award--
(A) not less than 10 percent to eligible entities
that are institutions described in subsection (b)(1)
that are eligible to receive assistance under part A or
B of title III or title V of the Higher Education Act
of 1965 (20 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et
seq.; 20 U.S.C. 1101 et seq.); and
(B) not less than 10 percent to eligible entities
that are social fraternities and sororities described
in subsection (b)(2).
(2) Plan required.--The Secretary shall develop a plan to
inform eligible entities described in subparagraphs (A) and (B)
of paragraph (1) that such entities may be eligible to apply
for grants under this section.
(3) Insufficient applicants.--If the Secretary determines
that there are an insufficient number of qualified applicants
to award the reserved amounts required in accordance with
paragraph (1), the Secretary shall make available the remainder
of such reserved amounts for use by other eligible entities.
(e) Application.--To seek a grant under this section, an eligible
entity shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(f) Matching Requirement.--As a condition of receipt of a grant
under subsection (a), the eligible entity shall provide (directly or
through donations from public or private entities) non-Federal matching
funds in an amount equal to not less than 50 percent of the cost of the
activities for which assistance is sought.
(g) Supplement Not Supplant.--Funds made available under this
program shall be used to supplement, not supplant, other funds that
would otherwise be expended to carry out fire safety activities.
(h) Limitation on Administrative Expenses.--Not more than 2 percent
of a grant made under subsection (a) may be expended for administrative
expenses with respect to the grant.
(i) Reports.--Not later than 12 months after the date of the first
award of a grant under this section and annually thereafter until
completion of the program, the Secretary shall provide to Congress a
report that includes--
(1) the number and types of eligible entities receiving
assistance under this section;
(2) the amount of assistance received under this section,
the amount and source of non-Federal funding leveraged for
activities under grants under this section, and any other
relevant financial information;
(3) the number and types of student housing fitted with
fire suppression or prevention technologies with assistance
under this section, and the number of students protected by
such technologies;
(4) the types of fire suppression or prevention
technologies installed with assistance under this section, and
the costs of such technologies;
(5) identification of any Federal, State, or local policy
that presents an impediment to the development and installation
of fire suppression or prevention technologies; and
(6) any other information determined by the Secretary to be
useful in evaluating the overall effectiveness of the program
established under this section in improving the fire safety of
student housing.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act such sums as may be necessary for
each of the fiscal years 2014 through 2016.
SEC. 4. ADMISSIBILITY AS EVIDENCE.
(a) Prohibition.--Notwithstanding any other provision of law and
subject to subsection (b), any application for assistance under this
Act, any negative determination on the part of the Secretary with
respect to such application, or any statement of reasons for the
determination, shall not be admissible as evidence in any proceeding of
any court, agency, board, or other entity.
(b) Exception.--This section does not apply to the admission of an
application, determination, or statement described in subsection (a) as
evidence in a proceeding to enforce an agreement entered into between
the Secretary and an eligible entity under section 3. | Honorable Stephanie Tubbs Jones College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to institutions of higher education (IHEs), fraternities, and sororities for up to half the cost of installing approved fire suppression systems in student housing and dormitories owned or controlled by such entities. Gives grant priority to applicants that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least 10% for historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and IHEs that are eligible for Institutional Aid under the Higher Education Act of 1965; and (2) at least 10% for social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and a grantee under this Act). | {"src": "billsum_train", "title": "Honorable Stephanie Tubbs Jones College Fire Prevention Act"} | 1,462 | 249 | 0.616645 | 1.996785 | 0.782006 | 4.642534 | 5.950226 | 0.859729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Resources to Improve Dual
Language Education Act of 2007'' or the ``PRIDE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Dual language programs have been found to provide the
greatest academic gains for limited English proficient
students.
(2) Few children from low-income communities, particularly
African American children, have had access to a well-developed
and well-implemented dual language program.
(3) Children in dual language programs experience
substantial gains in language, literacy, and mathematics.
SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS.
(a) Purpose.--The purpose of this section is to authorize the
Secretary to carry out a demonstration project to enhance the
biliteracy, bilingualism, and multicultural skills for children in
impoverished communities, including limited-English-proficient and
minority children, through the use and longitudinal evaluation of dual
language programs beginning in preschool through the fifth grade.
(b) Program Authorized.--
(1) In general.--From funds made available under subsection
(i), and after reserving funds under subsection (c), the
Secretary is authorized to award not more than five grants to
fund partnerships of local education agencies, early childhood
education programs including, state preschool programs and Head
Start programs, and technical assistance providers to
demonstrate effective strategies in ensuring the academic
success of low-income minority students through the
implementation and evaluation of a high-quality dual language
program that--
(A) serves cohorts of economically disadvantaged
minority and limited-English-proficient students from
preschool through fifth grade;
(B) establishes an infrastructure that supports a
rigorous assessment system, including dedicated staff
time and professional development in assessment, a data
collection plan, and the collection of multiple
measures of academic progress, bilingualism,
biliteracy, and multiculturalism;
(C) implements and aligns a curriculum that
promotes the development of bilingual, biliterate, and
multicultural competencies for all students through at
least grade five;
(D) utilizes and aligns student-centered
instructional methods that enhance the development of
bilingualism, biliteracy, and academic achievement;
(E) aligns professional development and training
for early childhood education instructors and
elementary school teachers and staff, with an emphasis
on dual language instruction, second language
acquisition, and content knowledge;
(F) recruits, trains, and continuously develops
staff to implement high-quality, dual language
programs; and
(G) establishes a responsive infrastructure for
positive, active, and ongoing relationships with
students' families and the community that is reflective
of the needs of the community and goals of the program.
(c) Reservation.--The Secretary shall reserve not more than 5
percent of the amount appropriated under subsection (i) to carry out
this Act, including the technical assistance and evaluation described
is subsection (g) and dissemination of best practices described in
subsection (h).
(d) Duration.--Each grant under this section shall be awarded for a
period of not more than five years.
(e) Applications for Grants.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
(2) Required documentation.--Each application submitted by
programs under this section for a proposed program shall
include documentation that--
(A) the program has partnered with an entity that
has proven expertise in the implementation of high-
quality dual language programs to provide on-going
technical assistance and assist with the evaluation of
the program;
(B) the program has the qualified personnel to
develop, administer, evaluate, and implement the
program; and
(C) the program is serving economically-
disadvantaged minority and limited-English-proficient
students.
(3) Other application contents.--Each application submitted
by an entity under this section for a proposed program shall
include--
(A) data showing that the program is serving
economically disadvantaged and limited English
proficient students;
(B) a description of how the program will align the
language of assessment with the language of
instruction;
(C) a description of how the program will be
evaluated to assess the goals of the program;
(D) a description of how the evaluation will be
used to inform broader efforts to improve instruction
for limited English proficient students, including for
preschool-aged children;
(E) a description of activities that will be
pursued by the program including a description of--
(i) how the activities will further the
school readiness and academic progress of
children served by this program and support
dual language development through grade five;
(ii) methods of designing culturally and
linguistically appropriate dual language
curriculum; and
(iii) methods of teacher training and
parent outreach that will be used or developed
through the programs;
(F) an assurance that the program will annually
provide to the Secretary such information as may be
required by subsection (f); and
(G) any other information that the secretary may
require.
(f) Selection of Grantees.--
(1) Criteria.--The Secretary through a peer review process
shall select partnerships to receive grants under this section
based on--
(A) the articulation of preschool through fifth-
grade instructional practices, curriculum, and
assessments strategies;
(B) the extent to which school leadership has been
involved and has demonstrated a commitment to a high-
quality dual language programs;
(C) the quality of the programs and proposed in the
applications submitted under subsection (b).
(g) Technical Assistance and Evaluation.--From funds reserved under
subsection (i) for a fiscal year, the Secretary shall reserve $250,000
to contract with an entity with a proven track record in dual language
programs for the purpose of--
(1) providing technical assistance to local education
agencies receiving grants under this Act in order to strengthen
programs conducted by grantees pursuant to this Act; and
(2) conducting an evaluation of programs funded under this
act, which shall--
(A) be used by the Secretary to determine
effectiveness of programs funded through this Act and
improve services to participating children; and
(B) include--
(i) a comprehensive evaluation of the
impact of the programs on students, including
an assessment of literacy skills and language
development in both English and the minority
language;
(ii) a comprehensive evaluation of the
effectiveness of instructional practices used
in the programs; and
(iii) a comprehensive evaluation of
professional development strategies.
(h) Dissemination of Best Practices.--The Secretary shall
disseminate information on model programs, materials, and other
information developed under this section that the Secretary determines
to be appropriate for use by early childhood education providers to
improve the school readiness of limited English proficient students.
(i) Authorization of Appropriations.--For the purposes of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2009 and such sums as may be necessary for each of the
4 succeeding fiscal years.
(j) Definition.--In this section, the term dual language program is
an instructional strategy in which students are taught literacy and
content in two languages and use the partner language for at least half
of the instructional day and foster bilingualism, biliteracy, enhanced
awareness of linguistic and cultural diversity, and high levels of
academic achievement through instruction in two languages. | Providing Resources to Improve Dual Language Education Act of 2007 or the PRIDE Act - Authorizes the Secretary of Education to award up to five grants to partnerships of local educational agencies (LEAs), early childhood education programs, and technical assistance providers for the implementation of dual language demonstration programs designed to enhance and assess the biliteracy, bilingualism, and multicultural skills of low-income minority and limited English proficient students from preschool through grade five.
Directs the Secretary to: (1) arrange for an entity that has dual language program experience to provide technical assistance to LEA grantees and evaluate the programs funded by this Act; and (2) disseminate information on model practices implemented under such programs that are appropriate for use by early childhood education providers to improve the school readiness of limited English proficient students. | {"src": "billsum_train", "title": "To establish dual-language education programs in low-income communities."} | 1,562 | 166 | 0.702151 | 2.057939 | 0.951595 | 3.662252 | 10.139073 | 0.94702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead Testing in School and Child
Care Drinking Water Act of 2016''.
SEC. 2. VOLUNTARY SCHOOL AND CHILD CARE LEAD TESTING GRANT PROGRAM.
(a) In General.--Section 1464 of the Safe Drinking Water Act (42
U.S.C. 300j-24) is amended by striking subsection (d) and inserting the
following:
``(d) Voluntary School and Child Care Lead Testing Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Child care program.--The term `child care
program' has the meaning given the term `early
childhood education program' in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
``(B) Local educational agency.--The term `local
educational agency' means--
``(i) a local educational agency (as
defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801));
``(ii) a tribal education agency (as
defined in section 3 of the National
Environmental Education Act (20 U.S.C. 5502));
and
``(iii) an operator of a child care program
facility.
``(2) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Lead Testing in School and
Child Care Drinking Water Act of 2016, the
Administrator shall establish a voluntary school and
child care lead testing grant program to make grants
available to States to assist local educational
agencies in voluntary testing for lead contamination in
drinking water at schools and child care programs under
the jurisdiction of the local educational agencies.
``(B) Grants to local educational agencies.--The
Administrator may make grants directly available to
local educational agencies for the voluntary testing
described in subparagraph (A) in--
``(i) any State that does not participate
in the voluntary school and child care lead
testing grant program established under that
subparagraph; and
``(ii) any direct implementation area.
``(3) Application.--To be eligible to receive a grant under
this subsection, a State or local educational agency shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require.
``(4) Use of funds.--
``(A) In general.--A State or local educational
agency that receives a grant under this subsection may
use grant funds for the voluntary testing described in
paragraph (2)(A).
``(B) Limitation.--Not more than 5 percent of grant
funds accepted under this subsection shall be used to
pay the administrative costs of carrying out this
subsection.
``(5) Guidance; public availability.--As a condition of
receiving a grant under this subsection, the State or local
educational agency shall ensure that each local educational
agency to which grant funds are distributed shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental
Protection Agency entitled `3Ts for Reducing
Lead in Drinking Water in Schools: Revised
Technical Guidance' and dated October 2006 (or
any successor guidance); or
``(ii) applicable State regulations or
guidance regarding reducing lead in drinking
water in schools and child care programs that
is not less stringent than the guidance
referred to in clause (i); and
``(B)(i) make available in the administrative
offices, and to the maximum extent practicable, on the
Internet website, of the local educational agency for
inspection by the public (including teachers, other
school personnel, and parents) a copy of the results of
any voluntary testing for lead contamination in school
and child care program drinking water that is carried
out with grant funds under this subsection; and
``(ii) notify parent, teacher, and employee
organizations of the availability of the results
described in clause (i).
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for fiscal year 2017 and each fiscal year thereafter.''.
(b) Repeal.--Section 1465 of the Safe Drinking Water Act (42 U.S.C.
300j-25) is repealed. | Lead Testing in School and Child Care Drinking Water Act of 2016 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a voluntary school and child care lead testing program of grants to states to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs. The bill repeals the current program of federal assistance for state programs regarding lead contamination in school drinking water. | {"src": "billsum_train", "title": "Lead Testing in School and Child Care Drinking Water Act of 2016"} | 966 | 88 | 0.643852 | 1.404805 | 0.884903 | 4.134146 | 10.646341 | 0.914634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Powers Restoration Act of
2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Section 1 of Article III of the Constitution of the
United States of America vests ``judicial Power'' exclusively
in the courts. Section 2 of Article III states that this
``judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States,
and Treaties...'' In interpreting Article III of the
Constitution, the Supreme Court in Muskrat v. United States
defined the term ``judicial power'' to mean ``the right to
determine actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction''.
(2) In 1996, a holder of a trademark registration issued by
the Patent and Trademark Office asserted trademark infringement
and other claims in a United States district court against an
alleged infringer. The plaintiff's claims for relief were based
upon laws and treaties of the United States, including the
Trademark Act of 1946 (15 U.S.C. 1051 et seq.) and the Inter-
American Convention for Trademark and Commercial Protection.
(3) In October 1998, just prior to commencement of the
trial, the alleged infringer procured an amendment to the
Department of Commerce and Related Agencies Appropriations Act,
1999 (as contained in section 101(b) of division A of Public
Law 105-277; 112 Stat. 2681-88). That amendment is commonly
referred to as ``section 211'' and has been of singular benefit
to that defendant in the courts.
(4) Section 211(a)(2) and (b) provides that ``No United
States court shall recognize, enforce, or otherwise validate
any assertion of rights'' of certain trademarks or commercial
names of the type at issue in the litigation referred to in
paragraph (2). Section 211(a)(1) also rescinds the general
authority permitting payment of the fees necessary for
registration and renewal of such trademarks with the United
States Patent and Trademark Office.
(5) The intended and actual effect of section 211 is to
strip United States courts of the authority to decide the
ownership and enforceability of such trademarks and trade
names, including those at issue in the litigation described in
paragraph (2). As a result of section 211, the plaintiff in the
litigation was prevented from asserting the plaintiff's
infringement claim. By preventing the payment of fees for
trademark registration and renewal in the Patent and Trademark
Office, section 211 also denies parties the ability to preserve
claims of ownership in such trademarks pending judicial
determination of enforcement rights.
(6) Section 211 is not needed for the courts to reach
equitable results with respect to the United States trademark
and trade name rights of foreign nationals who have suffered
from confiscation of their businesses at home. It has been the
longstanding practice of the Federal courts to do equity in
adjudicating disputes involving such rights.
(7) Repeal of section 211 is necessary and desirable to
restore to the courts the power to determine the ownership and
enforceability of all trademarks and trade names and to
preserve trademark registrations pending such determinations.
(b) Purpose.--The purpose of this Act is to restore to the
judiciary the power to decide all trademark and trade name cases
arising under the laws and treaties of the United States, and for other
purposes.
SEC. 3. RESTORATION OF JUDICIAL POWERS.
(a) In General.--Section 211 of the Department of Commerce and
Related Agencies Appropriations Act, 1999 (as contained in section
101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is
repealed.
(b) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Treasury shall issue such
regulations as are necessary to carry out the repeal made by subsection
(a), including removing any prohibition on transactions or payments to
which subsection (a)(1) of section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 applied.
(c) Authority of Courts.--United States courts shall have the
authority to recognize, enforce, or otherwise validate any assertion of
rights in any mark or trade name based on common law rights or
registration or under subsection (b) or (e) of section 44 of the
Trademark Act of 1946 (15 U.S. C. 1126 (b) or (e)) or based on any
treaty to which the United States is a party. | Judicial Powers Restoration Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government.
Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments.
Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights, registration under the Trademark Act of 1946, or any treaty to which the United States is a party. | {"src": "billsum_train", "title": "A bill to restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States, and for other purposes."} | 1,041 | 182 | 0.471446 | 1.405406 | 0.748115 | 3.772414 | 6.441379 | 0.875862 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Auto Safety Enhancement Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Event data recorders offer important benefits for motor
vehicle safety, such as enabling automatic crash notification
systems for improved emergency responses to crashes, increasing
understanding of vehicle crashworthiness and safe highway
design, and providing greater insight into trends in motor
vehicle defects.
(2) More than 38,000 people die each year on roads in the
United States, and such fatalities could be reduced by taking
full advantage of the benefits of event data recorders.
(3) According to the event data recorder working group of
the National Highway Traffic Safety Administration, the degree
to which the benefits of event data recorders are realized is
directly proportional to the number of motor vehicles equipped
with such recorders.
(4) Requiring the inclusion of event data recorders in new
motor vehicles would produce valuable safety benefits that
would far outweigh the nominal financial burden on
manufacturers.
(5) The National Transportation Safety Board has
recommended that event data recorders be installed on light
passenger vehicles and on schoolbuses and motorcoaches.
SEC. 3. EVENT DATA RECORDERS.
(a) In General.--Subchapter II of chapter 301 of part A of subtitle
VI of title 49, United States Code, is amended by adding at the end the
following new sections:
``Sec. 30129. Event data recorders required for model year 2012 or
later
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Transportation shall
promulgate a rule that--
``(1) requires each motor vehicle manufacturer to equip
each motor vehicle of model year 2012 or later manufactured by
such manufacturer, regardless of the gross vehicle weight
rating of the motor vehicle, with an event data recorder that
meets the specifications set forth in subsection (b); and
``(2) establishes the uniform data retrieval method
described in subsection (c).
``(b) Specifications of Event Data Recorder.--
``(1) Survivability.--The event data recorder required
under subsection (a)(1) shall be capable of--
``(A) sustaining without a loss of data--
``(i) a crash that results in a fire in
which the motor vehicle reaches a maximum
temperature to be determined by the Secretary
for a maximum period of time to be determined
by the Secretary; and
``(ii) a crash that results in the motor
vehicle becoming immersed in not greater than
10 feet of water; and
``(B) sustaining without a loss of data or
function--
``(i) a frontal barrier crash test at not
less than 65 miles per hour;
``(ii) the rear moving barrier crash test
described in S6.2 of Federal Motor Vehicle
Safety Standard 301 (49 C.F.R. 571.301) that is
applicable to the motor vehicle on which the
event data recorder is installed; and
``(iii) a side barrier crash test to be
determined by the Secretary.
``(2) Data elements.--The event data recorder required
under subsection (a)(1) shall record the following data
elements:
``(A) Yaw data.
``(B) Safety belt status by seating location,
number of occupants, and location in the vehicle.
``(C) Data regarding vehicle speed, engine
rotations per minute, change in acceleration, and
control signal status for the braking, acceleration,
and steering systems.
``(D) Driver and front passenger airbag deployment
level, deactivation status, deployment time, and
deployment stage.
``(E) Rollover data.
``(F) Data regarding the operation of the antilock
brake system, the traction control system, and the
electronic stability control system, including the roll
stability control system.
``(G) A stamp including the motor vehicle's vehicle
identification number and the date, time, and odometer
reading corresponding to each event collected.
``(H) Tire pressure.
``(I) All other data elements listed in the left-
hand column of table I or the left-hand column of table
II of section 563.7 of title 49, Code of Federal
Regulations, as such section is in effect on the date
of the enactment of this section.
``(J) Such other data as the Secretary considers
appropriate, including any data element in the event
data recorder standards issued by the Institute of
Electrical and Electronics Engineers or the Society of
Automotive Engineers.
``(3) Length of recording time.--The event data recorder
required under subsection (a)(1) shall record data related to a
crash event for a period of not less than 60 seconds before
time zero and 15 seconds after time zero. For purposes of the
preceding sentence, the term `time zero' has the meaning given
such term in section 563.5(b) of title 49, Code of Federal
Regulations, as such section is in effect on the date of the
enactment of this section.
``(4) Tamper resistance.--The event data recorder required
under subsection (a)(1) shall have such safeguards as the
Secretary considers appropriate to prevent alteration of the
data recorded.
``(5) Compatibility with universal data retrieval method.--
The event data recorder required under subsection (a)(1) shall
permit the data recorded by such recorder to be retrieved using
the universal data retrieval method established under
subsection (a)(2). The Secretary shall specify any data format
requirements the Secretary considers appropriate to facilitate
the establishment of such universal data retrieval method.
``(c) Universal Data Retrieval Method.--The universal data
retrieval method required under subsection (a)(2) shall be a single
method by which the recorded data in an event data recorder on any
motor vehicle to which this section applies, regardless of manufacturer
or model, may be removed from such event data recorder and put into
readable form. For purposes of the preceding sentence, data are in
readable form if they conform to any data format requirements
established by the Secretary and can be used to analyze the safety
performance of a vehicle using commercially available equipment.
``(d) Data Collection.--
``(1) Process for receiving data.--
``(A) In general.--The Secretary shall establish a
process by which an individual or entity may transmit
to the Secretary data from an event data recorder.
``(B) Periodic evaluations and modifications.--The
Secretary shall conduct periodic evaluations of the
process established under subparagraph (A) and make
such modifications as the Secretary considers
appropriate to ensure that the process is as effective
and efficient as possible.
``(2) Event data recorder database.--
``(A) In general.--The Secretary shall create a
database for purposes of research and analysis that
contains, in electronic format, all data available to
the Secretary from event data recorders. Such database
shall not include any data that were not obtained from
an event data recorder, except for such data from other
sources as the Secretary considers--
``(i) relevant to performing research and
analysis using data from event data recorders,
including police accident reports and other
similar official information regarding the
conditions and circumstances under which the
data were collected; or
``(ii) necessary to operate the event data
recorder database.
``(B) Availability to public.--
``(i) In general.--Except as provided in
clause (ii), the data in the database required
by subparagraph (A) shall be available to the
public.
``(ii) Personally identifiable
information.--The Secretary shall ensure that
the data made available to the public under
clause (i) do not contain any information that
could be used to identify an owner, lessee, or
occupant of a vehicle from whose event data
recorder such data were obtained, including the
full vehicle identification number of the
vehicle, the name, mailing address, email
address, or telephone number of an owner,
lessee, or occupant, and any other information
that is prohibited by law from disclosure or
that the Secretary determines should be
withheld to protect individual privacy.
``(e) Event Data Recorder Defined.--For purposes of this section,
the term `event data recorder' has the meaning given such term in
section 563.5(b) of title 49, Code of Federal Regulations.
``Sec. 30130. Readability of data in event data recorders prior to
model year 2012
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Transportation shall
promulgate a rule that requires each motor vehicle manufacturer to
ensure that the data recorded by an event data recorder in a vehicle of
a model year prior to model year 2012 that is manufactured by such
manufacturer are capable of being read by the National Highway Traffic
Safety Administration. Such rule shall apply to a vehicle manufactured
prior to the effective date of such rule if such vehicle is equipped
with an event data recorder but shall not require any vehicle,
regardless of the date of manufacture, to be equipped with an event
data recorder.
``(b) Data Capable of Being Read by NHTSA.--For purposes of
subsection (a), data in a motor vehicle's event data recorder are
capable of being read by the National Highway Traffic Safety
Administration if a representative of the Administration who has
physical access to the vehicle can, through the use of computer
hardware and software, whether provided by the manufacturer of such
vehicle or otherwise, gain access to such data in a format that allows
the Administration to analyze the safety performance of such vehicle.
``(c) Event Data Recorder Defined.--For purposes of this section,
the term `event data recorder' has the meaning given such term in
section 563.5(b) of title 49, Code of Federal Regulations.
``(d) Effective Date of Rule.--The rule promulgated under
subsection (a) shall take effect not later than 30 days after the date
on which such rule is promulgated.
``Sec. 30131. Privacy of data in event data recorders
``(a) Ownership of Data.--The data stored in an event data recorder
described in section 30129(a) or 30130(a) are the property of the owner
or lessee of the motor vehicle in which such event data recorder is
installed.
``(b) Access to Data.--The data stored in an event data recorder
described in section 30129(a) or 30130(a) may not be accessed by any
person other than the owner or lessee of the motor vehicle in which
such event data recorder is installed, unless--
``(1) a court authorizes retrieval of the data in
furtherance of a legal proceeding;
``(2) the owner or lessee of such motor vehicle consents to
the retrieval of the data for any purpose, including to
diagnose, service, or repair such motor vehicle; or
``(3) the data are retrieved by a government motor vehicle
safety agency for the purpose of improving motor vehicle safety
and the personally identifiable information of any owner,
lessee, or occupant of such motor vehicle, including the
vehicle identification number of such motor vehicle, is not
publicly disclosed in connection with the data.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
30128 the following new items:
30129. Event data recorders required for model year 2012 or later.
30130. Readability of data in event data recorders prior to model year
2012.
30131. Privacy of data in event data recorders.
SEC. 4. REPORT ON FEASIBILITY OF AUTOMATIC TRANSMISSION OF EDR DATA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
Congress a report on the feasibility of requiring that, after the
involvement in a crash event of a motor vehicle equipped with an event
data recorder under section 30129(a) of title 49, United States Code,
such event data recorder automatically transmit to the Secretary, in
electronic form, the data recorded with respect to the crash event.
(b) Contents of Report.--The report required by subsection (a)
shall include--
(1) an analysis, with respect to the time when such
analysis is conducted, of systems and capabilities for
automatic electronic transmission of event data recorder data
in the event of a crash and the extent to which it is the
practice of motor vehicle manufacturers to collect such data;
(2) an analysis of any benefits, whether monetary or
nonmonetary, of maintaining a database containing the data that
would be automatically transmitted to the Secretary under the
requirement described in subsection (a);
(3) an analysis of the cost to motor vehicle manufacturers
of complying with such requirement as compared to the cost of
requiring the submission of the same information by means other
than automatic electronic transmission;
(4) the Secretary's recommendation of a reasonable timeline
for manufacturers to comply with the requirement described in
subsection (a); and
(5) an analysis of any privacy issues posed by such
requirement and recommendations for how they might be addressed
or eliminated. | Consumer Auto Safety Enhancement Act of 2010 - Directs the Secretary of Transportation (DOT) to promulgate a rule that: (1) requires each motor vehicle manufacturer to equip each motor vehicle manufactured in model year 2012 or later with an event data recorder (EDR) that meets certain specifications; and (2) establishes a universal data retrieval method by which recorded data in an EDR may be retrieved and put into readable form regardless of manufacturer or model of the motor vehicle.
Requires the Secretary to: (1) establish a process by which an individual or entity may transmit EDR data to the Secretary; and (2) create an EDR database for research and analysis.
Directs the Secretary to promulgate a rule that requires each motor vehicle manufacturer to ensure that the data recorded by an EDR in a motor vehicle manufactured before model year 2012 is capable of being read by the National Highway Traffic Safety Administration (NHTSA).
Prohibits the retrieval of data stored in an EDR by any person other than the owner or lessee of the motor vehicle in which such device is installed, unless: (1) a court authorizes it, the owner or lessee consents, or the data is retrieved by a government motor vehicle safety agency; and (2) neither the personally identifiable information of the vehicle owner, lessee,or occupant nor the vehicle identification number (VIN) is publicly disclosed in connection with the data. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to require the Secretary of Transportation to promulgate rules requiring that motor vehicles of model year 2012 or later be equipped with event data recorders compatible with a universal data retrieval method and that the data in event data recorders on motor vehicles prior to model year 2012 be readable by the National Highway Traffic Safety Administration, and for other purposes."} | 2,897 | 301 | 0.548946 | 1.712079 | 0.879451 | 4.553506 | 10.099631 | 0.95941 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Immigration
Services Consumer Protection Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Criminal penalty for immigration consultants not meeting
requirements.
Sec. 4. Exception for attorneys, representatives of recognized
organizations, and others; recognition and
accreditation of representatives.
Sec. 5. Education through community outreach programs.
Sec. 6. Non-preemption of more protective State laws.
Sec. 7. Confidentiality of information.
Sec. 8. Effective date.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Attorney.--The term ``attorney'' means a person
licensed and authorized to practice law in the area in which
the person is acting as an immigration consultant.
(2) Compensation.--The term ``compensation'' means money,
property, promise of payment, or anything of value, provided
directly or indirectly.
(3) Immigration consultant.--The term ``immigration
consultant'' means any person that provides assistance or
advice on an immigration matter, including--
(A) completing a form provided by a Federal or
State agency;
(B) translating a person's answer to questions
asked on such a form;
(C) securing for a person supporting documents
(such as birth and marriage certificates) which may be
necessary to complete those forms;
(D) submitting completed forms, on a client's
behalf and at the client's request, to the Immigration
and Naturalization Service;
(E) making referrals to attorneys to represent the
client in the matter; or
(F) preparing or arranging for the preparation of
photograph or fingerprint in connection with the
matter.
(4) Immigration matter.--The term ``immigration matter''
means any proceeding, filing, or action affecting the
immigration or citizenship status of any person which arises
under any immigration or naturalization law, Executive order,
or Presidential proclamation, or action of the Immigration and
Naturalization Service, the Department of State, or the
Department of Labor.
SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING
REQUIREMENTS.
(a) In General.--Except as provided in section 4, any person who
acts as an immigration consultant with respect to an immigration matter
for any client for compensation and who knowingly fails to meet a
requirement of subsection (b) shall be fined under title 18, United
States Code, imprisoned not more than 5 years, or both.
(b) Requirements.--The requirements of this subsection for a person
acting as an immigration consultant in an immigration matter for a
client are as follows:
(1) Consultant license required.--The person shall have a
license as an immigration consultant issued by the Immigration
and Naturalization Service after the person has made an
application that meets such requirements as the Attorney
General may impose.
(2) Written contract.--The person shall not act as an
immigration consultant in the immigration matter on behalf of
the client unless the person has entered into a written
agreement with the client that meets the following
requirements:
(A) The agreement includes a description of--
(i) the services to be performed by the
person under the agreement, and
(ii) the amounts to be paid by the client.
(B) The agreement includes a statement, printed on
the face of the contract in boldface type no smaller
than 10 point, that the person is not an attorney and
may not perform legal services.
(C) The agreement includes a conspicuous statement
(in both English and the other principal language of
the client, if it is not English) that the client has
the right to rescind the agreement within 72 hours of
the time it is executed.
(D) The agreement shall not include--
(i) any guarantee or promise with respect
to the disposition of the Immigration and
Naturalization Service and the Attorney General
on the matter; or
(ii) any statement that the person can or
will obtain special favors from or has special
influence with the Service or the Attorney
General on the matter.
(3) Office notice.--The person shall conspicuously display
in any office in which the person meets with clients a notice,
not smaller than 12 inches by 20 inches and in boldface print
no smaller one inch in height, that includes the following
information:
(A) A copy of the license issued under paragraph
(1), including the full name, address, and license
number of the person.
(B) A statement that the person is not an attorney.
(4) Notice of change of address.--The person shall notify
the Immigration and Naturalization Service within 30 days of
any change of name, address, or telephone number.
(5) Delivery of documents.--The person shall deliver to the
client a copy of each document or form completed on the
client's behalf.
(6) Returning documents to client.--The person shall, upon
request of the client, return to the client any original
documents of the client in the possession of the person that
were delivered to the person in order to provide services for
the client.
SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED
ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION
OF REPRESENTATIVES.
(a) In General.--Section 3(a) shall not apply to the following:
(1) Attorneys.--An attorney.
(2) Law students and law graduates not yet admitted to the
bar.--A law student who is enrolled in an accredited law
school, or a law graduate who is not yet admitted to the bar,
where the following conditions are satisfied:
(A) Request.--The student or graduate is appearing
at the request of the person entitled to
representation.
(B) Statement of law student.--In the case of a law
student, the student has filed a statement that the
student is participating, under the direct supervision
of a faculty member or an attorney, in a legal aid
program or clinic conducted by a law school or non-
profit organization, and that the student is appearing
without direct or indirect remuneration from the person
represented.
(C) Statement of law graduate.--In the case of a
law graduate, the graduate has filed a statement that
the graduate is appearing under the supervision of a
licensed attorney or accredited representative and that
the graduate is appearing without direct or indirect
remuneration from the person represented.
(D) Official permission.--The law student's or law
graduate's appearance is permitted by the official or
officials before whom the student or graduate wishes to
appear. The official or officials may require that a
law student be accompanied by the supervising faculty
member or attorney.
(3) Accredited representatives of recognized
organizations.--An individual who is an accredited
representative of an organization that is recognized under
subsection (b).
(4) Accredited officials.--An accredited official, in the
United States, of the government to which an alien owes
allegiance, if the official appears solely in an official
capacity and with the alien's consent.
(5) Grandfather.--A person, other than a representative of
an organization described in subsection (b), who on December
23, 1952, was authorized to practice before the Board of
Immigration Appeals and the Immigration and Naturalization
Service.
(b) Recognition of Qualified Organizations; Accreditation of
Representatives.--
(1) In general.--The Attorney General shall establish a
process--
(A) for the recognition of nonprofit religious,
charitable, social service, or similar organization
established in the United States; and
(B) for the accreditation of representatives of a
recognized organization to provide immigration
services, including practicing before the Immigration
and Naturalization Service and the Board of Immigration
Appeals, on behalf of the organization.
(2) Qualifications.--
(A) Recognition.--An organization shall not be
recognized under paragraph (1)(A) unless the
organization establishes to the satisfaction of the
Attorney General that it has at its disposal adequate
knowledge, information and experience.
(B) Accreditation of representatives.--A
representative may not be accredited under paragraph
(1)(B) unless the representative--
(i) is of good moral character; and
(ii) has sufficient experience and
knowledge of immigration and naturalization law
and procedure to adequately represent clients
of the organization in immigration matters.
(3) Application process.--The Attorney General shall
establish an application process for the recognition of
organizations and accreditation of representatives of such
organizations under this subsection. As a condition for
continuing the recognition of an organization or accreditation
of a representative, the Attorney General may require the
periodic submission of such application or information as the
Attorney General may specify.
(4) Withdrawal of recognition or accreditation.--The
Attorney General may withdraw recognition of any organization
or accreditation of a representative if the organization or
representative has failed to maintain the qualifications to be
so recognized or accredited, under a process specified by the
Attorney General.
(5) Use of current standards.--To the extent practicable,
the Attorney General shall carry out this subsection in a
manner consistent with the recognition and accreditation
process provided by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations, as in
effect as of the date of the enactment of this Act.
(c) Construction.--Nothing in section 3 shall be construed as
applying to an person who does not receive direct or indirect
compensation for provision of services.
SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS.
The Attorney General is authorized to provide grants to States in
order to provide community outreach programs through State and local
government agencies to educate individuals who use immigration
consultants regarding the requirements of this Act.
SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS.
The provisions of this Act supersede State laws only to the extent
the State laws prevent the application of section 3. States may impose
requirements that are in addition to the requirements established under
this Act.
SEC. 7. CONFIDENTIALITY OF INFORMATION.
(a) In General.--Except as provided in this section, neither the
Attorney General, nor any other official or employee of the Department
of Justice, or bureau or agency thereof, may use the information
furnished by any person (including an alien who is not lawfully present
in the United States) specifically in relation to a violation of this
Act for any purpose other than to carry out this Act (including
prosecutions under section 3). If such information is furnished by an
alien who is not lawfully present in the United States, such
information shall not be used for the purpose of identifying and
removing the person from the United States or imposing other sanctions
against the person, except if the information furnished is false or
fraudulent.
(b) Construction.--Nothing in this section shall be construed to
limit the use, or release, for immigration enforcement purposes or law
enforcement purposes of information contained in files or records of
the Immigration and Naturalization Service, other than information
furnished under subsection (a) that is not available from any other
source.
(c) Crime.--Whoever knowingly uses information in violation of this
section shall be fined not more than $10,000.
SEC. 8. EFFECTIVE DATE.
This Act applies to actions taken as an immigration consultant on
and after such date (not later than 2 years after the date of the
enactment of this Act) as the Attorney General shall specify in
regulations. | Immigration Services Consumer Protection Act of 2001 - Establishes criminal penalties for immigration consultants who handle immigration matters and do not meet specified requirements, including license and contract requirements. Exempts from such provisions: (1) attorneys; (2) certain law students and law graduates; (3) accredited representatives of qualifying organizations; (4) accredited foreign officials; and (5) persons authorized to practice before the Board of Immigration Appeals and the Immigration and Naturalization Service as of a certain date.Authorizes the Attorney General to provide State grants to educate persons respecting the requirements of this Act.Provides for confidentiality of information provided under this Act, and fines for knowing violation of such confidentiality. | {"src": "billsum_train", "title": "To reduce fraud in connection with the provision of legal advice and other services to individuals applying for immigration benefits or otherwise involved in immigration proceedings by requiring paid immigration consultants to be licensed and otherwise provide services in a satisfactory manner."} | 2,523 | 138 | 0.560772 | 1.671915 | 0.713442 | 2.938462 | 18.176923 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Legacy Reauthorization
Act of 2008''.
SEC. 2. DEFINITIONS.
Section 118(a)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1268(a)(3)) is amended--
(1) in subparagraph (I) by striking ``and'' at the end;
(2) in subparagraph (J) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(K) `site characterization' means a process for
monitoring and evaluating the nature and extent of sediment
contamination in accordance with the Environmental Protection
Agency's guidance for the assessment of contaminated sediment
in an area of concern located wholly or partially within the
United States; and
``(L) `potentially responsible party' means an individual
or entity that may be liable under any Federal or State
authority that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.''.
SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
(a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended
by striking ``sediment'' and inserting ``sediment, including activities
to restore aquatic habitat that are carried out in conjunction with a
project for the remediation of contaminated sediment''.
(b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C.
1268(c)(12)(D)) is amended--
(1) in the subparagraph heading by striking ``Limitation'' and
inserting ``Limitations'';
(2) in clause (i) by striking ``or'' at the end;
(3) in clause (ii) by striking the period and inserting a
semicolon; and
(4) by adding at the end the following:
``(iii) unless each non-Federal sponsor for the project
has entered into a written project agreement with the
Administrator under which the party agrees to carry out its
responsibilities and requirements for the project; or
``(iv) unless the Administrator provides assurance that
the Agency has conducted a reasonable inquiry to identify
potentially responsible parties connected with the site.''.
(c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act
(33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows:
``(ii) In-kind contributions.--
``(I) In general.--The non-Federal share of the
cost of a project carried out under this paragraph may
include the value of an in-kind contribution provided
by a non-Federal sponsor.
``(II) Credit.--A project agreement described in
subparagraph (D)(iii) may provide, with respect to a
project, that the Administrator shall credit toward the
non-Federal share of the cost of the project the value
of an in-kind contribution made by the non-Federal
sponsor, if the Administrator determines that the
material or service provided as the in-kind
contribution is integral to the project.
``(III) Work performed before project agreement.--
In any case in which a non-Federal sponsor is to
receive credit under subclause (II) for the cost of
work carried out by the non-Federal sponsor and such
work has not been carried out by the non-Federal
sponsor as of the date of enactment of this subclause,
the Administrator and the non-Federal sponsor shall
enter into an agreement under which the non-Federal
sponsor shall carry out such work, and only work
carried out following the execution of the agreement
shall be eligible for credit.
``(IV) Limitation.--Credit authorized under this
clause for a project carried out under this paragraph--
``(aa) shall not exceed the non-Federal share
of the cost of the project; and
``(bb) shall not exceed the actual and
reasonable costs of the materials and services
provided by the non-Federal sponsor, as determined
by the Administrator.
``(V) Inclusion of certain contributions.--In this
subparagraph, the term `in-kind contribution' may
include the costs of planning (including data
collection), design, construction, and materials that
are provided by the non-Federal sponsor for
implementation of a project under this paragraph.''.
(d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33
U.S.C. 1268(c)(12)(E)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv) and
(v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) Treatment of credit between projects.--Any
credit provided under this subparagraph towards the non-
Federal share of the cost of a project carried out under
this paragraph may be applied towards the non-Federal share
of the cost of any other project carried out under this
paragraph by the same non-Federal sponsor for a site within
the same area of concern.''; and
(3) in clause (iv) (as redesignated by paragraph (1) of this
subsection) by striking ``service'' each place it appears and
inserting ``contribution''.
(e) Site Characterization.--Section 118(c)(12)(F) of such Act (33
U.S.C. 1268(c)(12)(F)) is amended to read as follows:
``(F) Site characterization.--
``(i) In general.--The Administrator, in consultation
with any affected State or unit of local government, shall
carry out at Federal expense the site characterization of a
project under this paragraph for the remediation of
contaminated sediment.
``(ii) Limitation.--For purposes of clause (i), the
Administrator may carry out one site assessment per
discrete site within a project at Federal expense.''.
(f) Authorization of Appropriations.--Section 118(c)(12)(H) of such
Act (33 U.S.C. 1268(c)(12)(H)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) In general.--In addition to other amounts
authorized under this section, there is authorized to be
appropriated to carry out this paragraph $50,000,000 for
each of fiscal years 2004 through 2010.''; and
(2) by adding at the end the following:
``(iii) Allocation of funds.--Not more than 20 percent
of the funds appropriated pursuant to clause (i) for a
fiscal year may be used to carry out subparagraph (F).''.
(g) Public Information Program.--Section 118(c)(13)(B) of such Act
(33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and
inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--In addition to any amounts authorized under
other provisions of law, there is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2004
through 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Great Lakes Legacy Reauthorization Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define: (1) "site characterization" as a process for monitoring and evaluating sediment contamination under the Environmental Protection Agency's (EPA) guidance for the assessment of contaminated sediment in an area of concern in the United States; and (2) "potentially responsible party" to mean an individual or entity that may be liable under any federal or state authority used to facilitate the cleanup and protection of the Great Lakes.
Includes aquatic habitat restoration activities among activities the Great Lakes National Program Office is authorized to implement for the remediation of sediment contamination in areas of concern.
Prohibits the Administrator from implementing such a remediation project unless: (1) each nonfederal sponsor has entered into a written agreement under which each party agrees to carry out its responsibilities and requirements for the project; and (2) the Administrator provides assurance that EPA has conducted a reasonable inquiry to identify potentially responsible parties.
Revises provisions concerning the nonfederal share of project costs.
Requires the Administrator to implement, at federal expense, one site characterization per site within a project for the remediation of contaminated sediment. Repeals a prohibition against implementing a project unless the nonfederal sponsor agrees to maintain aggregate expenditures from all other sources for remediation programs in the area of concern or above the average level of such expenditures in the two fiscal years preceding the date the project is initiated.
Authorizes appropriations through FY2010 for: (1) such remediation projects; (2) a public information program to provide information relating to such remediation; and (3) the development and use of innovative approaches, technologies, and techniques for such remediation. Limits to 20% of the amount of funds appropriated for remediation projects that may be used for site characterization. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern, and for other purposes."} | 1,851 | 405 | 0.611827 | 2.029221 | 0.817087 | 2.860795 | 4.173295 | 0.815341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Community Hospital
Demonstration Extension Act of 2009''.
SEC. 2. EXTENSION OF RURAL COMMUNITY HOSPITAL DEMONSTRATION PROGRAM.
(a) 5-year Extension.--Section 410A of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2272) is amended by adding at the end the following new
subsection:
``(g) 5-Year Extension of Demonstration Program.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary shall conduct the demonstration
program under this section for an additional 5-year period (in
this section referred to as the `5-year extension period') that
begins on the date immediately following the last day of the
initial 5-year period under subsection (a)(5).
``(2) Expansion of demonstration states.--Notwithstanding
subsection (a)(2), during the 5-year extension period, the
program shall be conducted in rural areas in any State.
``(3) Increase in maximum number of hospitals participating
in the demonstration program.--Notwithstanding subsection
(a)(4), during the 5-year extension period, not more than 30
rural community hospitals may participate in the demonstration
program under this section.
``(4) Hospitals in demonstration program on date of
enactment.--In the case of a rural community hospital that is
participating in the demonstration program under this section
as of the last day of the initial 5-year period, the
Secretary--
``(A) shall provide for the continued participation
of such rural community hospital in the demonstration
program during the 5-year extension period unless the
rural community hospital makes an election, in such
form and manner as the Secretary may specify, to
discontinue such participation; and
``(B) in calculating the amount of payment under
subsection (b) to the rural community hospital for
covered inpatient hospital services furnished by the
hospital during such 5-year extension period, shall
substitute, under paragraph (1)(A) of such subsection--
``(i) the reasonable costs of providing
such services for discharges occurring in the
first cost reporting period beginning on or
after the first day of the 5-year extension
period, for
``(ii) the reasonable costs of providing
such services for discharges occurring in the
first cost reporting period beginning on or
after the implementation of the demonstration
program.''.
(b) Conforming Amendments.--
(1) Duration.--Subsection (a)(5) of section 410A of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173; 117 Stat. 2272) is amended by
inserting ``(in this section referred to as the `initial 5-year
period') and, as provided in subsection (g), for the 5-year
extension period'' after ``5-year period''.
(2) Additional report.--Subsection (e) of section 410A of
the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended to
read as follows:
``(e) Reports.--
``(1) Report on initial 5-year period.--Not later than 6
months after the last day of the initial 5-year period, the
Secretary shall submit to Congress a report on the conduct of
the demonstration program under this section during such
period, together with recommendations for such legislation and
administrative action as the Secretary determines to be
appropriate.
``(2) Final report.--Not later than 6 months after the last
day of the 5-year extension period, the Secretary shall submit
to Congress a report on the demonstration program under this
section, together with recommendations for such legislation and
administrative action as the Secretary determines to be
appropriate.''.
(c) Technical Amendments.--
(1) Subsection (b) of section 410A of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2272) is amended--
(A) in paragraph (1)(B)(ii), by striking ``2)'' and
inserting ``2))''; and
(B) in paragraph (2), by inserting ``cost'' before
``reporting period'' the first place such term appears
in each of subparagraphs (A) and (B).
(2) Subsection (f)(1) of section 410A of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2272) is amended--
(A) in subparagraph (A)(ii), by striking
``paragraph (2)'' and inserting ``subparagraph (B)'';
and
(B) in subparagraph (B), by striking ``paragraph
(1)(B)'' and inserting ``subparagraph (A)(ii)''. | Rural Community Hospital Demonstration Extension Act of 2009 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to direct the Secretary of Health and Human Services (HHS) to extend for an additional five years the rural community hospital demonstration program. | {"src": "billsum_train", "title": "To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend the Rural Community Hospital Demonstration Program."} | 1,098 | 59 | 0.602825 | 1.304825 | 0.933837 | 3.541667 | 21.1875 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated September 8, 2004.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 3(a).
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise approximately 11,183 acres, as
generally depicted on the map, and which shall be known as the ``Ojito
Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the Wilderness shall be managed by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with
respect to the Wilderness, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of the enactment of this Act.
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the Wilderness and
shall be managed in accordance with this Act and other laws applicable
to the Wilderness:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the Wilderness.
(e) Management of Lands To Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the Wilderness
if the United States acquires, or alternative adequate access is
available to section 12 of township 15 north, range 01 west.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782)
and no longer are subject to the requirement of section 603(c) of such
Act (16 U.S.C. 1782(c)) pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(g) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of the enactment of this Act, shall be
administered in accordance with the provisions of section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth
in Appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H.
Rept. 101-405).
(h) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(i) Water.--Nothing in this section shall affect any existing valid
water right.
(j) Withdrawal.--Subject to valid existing rights, the Wilderness,
the lands to be added under subsection (e), and lands authorized to be
acquired by the Pueblo as generally depicted on the map are withdrawn
from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(k) Exchange.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall seek to complete an exchange
for State land within the boundaries of the Wilderness.
SEC. 4. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
shall, on receipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the Pueblo and
shall be part of the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo
that is performed in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(3) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary; Provided that the
Secretary shall ensure that the rights provided for in this
paragraph are protected and that a process for resolving any
complaints by an aggrieved party is established.
(2) Conditions.--Except as provided in subsection (f)--
(A) In general.--The land conveyed under subsection
(a) shall be maintained as open space, and the natural
characteristics of the land shall be preserved in
perpetuity.
(B) Prohibited uses.--The use of motorized vehicles
(except on existing roads or as is necessary for the
maintenance and repair of facilities used in connection
with grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Rights of Way.--
(1) Existing rights of way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way, or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights of way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable requests for rights-of-way for utilities and
pipelines over land acquired under subsection (a) that
is designated as the Rights-of-Way corridor #1 as
established in the Rio Puerco Resource Management Plan
in effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of the enactment of this Act
over land authorized to be conveyed by this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the
Department of the Interior, including the Rio Puerco
Resources Management Plan in effect on the date of
issuance or renewal of the right-of-way.
(f) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo. | Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico (Wilderness) as a component of the National Wilderness Preservation System. Requires that the map and a legal description of the Wilderness be filed by the Secretary of the Interior with the Senate Committee on Energy and Natural Resources and the House Committee on Resources, and be made available for public inspection in offices of the Bureau of Land Management (BLM).
Requires that the Wilderness by managed by the Secretary in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico to the Wilderness if such land is acquired by the Federal Government.
Permits grazing of livestock in the Wilderness where grazing rights were established before the enactment of this Act. Provides that nothing in this Act affects: (1) the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the State; or (2) any existing valid water right.
Directs the Secretary to seek an exchange for State land within the boundaries of the Wilderness within three years after enactment of this Act.
(Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non Federal lands in New Mexico.
Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses. Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access.
Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in the such lands. | {"src": "billsum_train", "title": "To designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes."} | 2,249 | 472 | 0.651039 | 2.128441 | 0.809388 | 3.402145 | 5.225201 | 0.930295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promise Zone Job Creation Act of
2014''.
SEC. 2. PROMISE ZONES.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--PROMISE ZONES
``Sec. 1400V-1. Designation of Promise Zones.
``Sec. 1400V-2. Promise Zone employment credit.
``Sec. 1400V-3. Expensing of Promise Zone property.
``SEC. 1400V-1. DESIGNATION OF PROMISE ZONES.
``(a) In General.--For purposes of this part, the term `Promise
Zone' means any area--
``(1) which is nominated by 1 or more local governments or
Indian Tribes (as defined in section 4(13) of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103(13)) for designation as a Promise Zone
(hereafter in this section referred to as a `nominated area'),
``(2) which has a continuous boundary,
``(3) the population of which does not exceed 200,000, and
``(4) which the Secretary of Housing and Urban Development
and the Secretary of Agriculture, acting jointly, designate as
a Promise Zone, after consultation with the Secretary of
Commerce, the Secretary of Education, the Attorney General, the
Secretary of Health and Human Services, the Secretary of Labor,
the Secretary of the Treasury, the Secretary of Transportation,
and other agencies as appropriate.
``(b) Number of Designations.--
``(1) In general.--Not more than 20 nominated areas may be
designated as Promise Zones.
``(2) Number of designations in rural areas.--Of the areas
designated under paragraph (1), 6 of such areas shall be
areas--
``(A) which are outside of a metropolitan
statistical area (within the meaning of section
143(k)(2)(B)), or
``(B) which are determined by the Secretary of
Agriculture to be rural areas.
``(c) Period of Designations.--
``(1) In general.--The Secretary of Housing and Urban
Development and the Secretary of the Agriculture shall, acting
jointly, designate 20 areas as Promise Zones before January 1,
2017.
``(2) Effective dates of designations.--The designation of
any Promise Zone shall take effect--
``(A) for purposes of priority consideration in
Federal grant programs and initiatives (other than this
part), upon execution of the Promise Zone agreement,
and
``(B) for purposes of this part, on January 1 of
the first calendar year beginning after the date of the
execution of the Promise Zone agreement.
``(3) Termination of designations.--The designation of any
Promise Zone shall end on the earlier of--
``(A) the end of the 10-year period beginning on
the date that such designation takes effect, or
``(B) the date of the revocation of such
designation.
``(4) Application to certain zones already designated.--In
the case of any area designated as a Promise Zone by the
Secretary of Housing and Urban Development and the Secretary of
Agriculture before the date of the enactment of this Act, such
area shall be taken into account as a Promise Zone designated
under this section and shall reduce the number of Promise Zones
remaining to be designated under paragraph (1).
``(d) Limitations on Designations.--No area may be designated under
this section unless--
``(1) the entities nominating the area have the authority
to nominate the area of designation under this section,
``(2) such entities provide written assurances satisfactory
to the Secretary of Housing and Urban Development and the
Secretary of Agriculture that the competitiveness plan
described in the application under subsection (e) for such area
will be implemented and that such entities will provide the
Secretary of Housing and Urban Development and the Secretary of
Agriculture with such data regarding the economic conditions of
the area (before, during, and after the area's period of
designation as a Promise Zone) as such Secretary may require,
and
``(3) the Secretary of Housing and Urban Development and
the Secretary of Agriculture determine that any information
furnished is reasonably accurate.
``(e) Application.--No area may be designated under this section
unless the application for such designation--
``(1) demonstrates that the nominated area satisfies the
eligibility criteria described in subsection (a),
``(2) includes a competitiveness plan which--
``(A) addresses the need of the nominated area to
attract investment and jobs and improve educational
opportunities,
``(B) leverages the nominated area's economic
strengths and outlines targeted investments to develop
competitive advantages,
``(C) demonstrates collaboration across a wide
range of stakeholders,
``(D) outlines a strategy which connects the
nominated area to drivers of regional economic growth,
and
``(E) proposes a strategy for focusing on increased
access to high quality affordable housing and improved
public safety.
``(f) Selection Criteria.--From among the nominated areas eligible
for designation under this section, the Secretary of Housing and Urban
Development and the Secretary of Agriculture shall designate Promise
Zones on the basis of--
``(1) the effectiveness of the competitiveness plan
submitted under subsection (e) and the assurances made under
subsection (d), and
``(2) unemployment rates, poverty rates, vacancy rates,
crime rates, and such other factors as the Secretary of Housing
and Urban Development and the Secretary of Agriculture may
identify, including household income, home-ownership, labor
force participation, and educational attainment, and
``(3) other criteria as determined by the Secretary of
Housing and Urban Development and the Secretary of Agriculture.
The Secretary of Housing and Urban Development and the Secretary of
Agriculture may set minimal standards for the levels of unemployment
and poverty that must be satisfied for designation as a Promise Zone.
``SEC. 1400V-2. PROMISE ZONE EMPLOYMENT CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the amount of
the Promise Zone employment credit determined under this section with
respect to any employer for any taxable year is the applicable
percentage of the qualified wages paid or incurred during the calendar
year which ends with or within such taxable year.
``(b) Applicable Percentage.--For purposes of this section, the
term `applicable percentage' means--
``(1) in the case of qualified wages described in
subsection (c)(1)(A), 20 percent, and
``(2) in the case of qualified wages described in
subsection (c)(1)(B), 10 percent.
``(c) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means any
wages paid or incurred by an employer for services performed by
an employee while such employee is--
``(A) a qualified zone employee, or
``(B) a qualified resident employee.
``(2) Only first $15,000 of wages per year taken into
account.--With respect to each qualified employee, the amount
of qualified wages taken into account for a calendar year shall
not exceed $15,000.
``(3) Coordination with work opportunity credit.--
``(A) In general.--The term `qualified wages' shall
not include wages taken into account in determining the
credit under section 51.
``(B) Coordination with dollar limitation.--The
$15,000 amount in paragraph (2) shall be reduced for
any calendar year by the amount of wages paid or
incurred during such year which are taken into account
in determining the credit under section 51.
``(4) Wages.--The term `wages' has the meaning given such
term by section 1397(a).
``(d) Qualified Employee.--For purposes of this section--
``(1) Qualified employee.--The term `qualified employee'
means any employee who is a qualified zone employee or a
qualified resident employee.
``(2) Qualified zone employee.--Except as otherwise
provided in this subsection, the term `qualified zone employee'
means, with respect to any period, any employee of an employer
if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed within a Promise Zone in a trade or
business of the employer, and
``(B) the principal place of abode of such employee
while performing such services is within a Promise
Zone.
``(3) Qualified resident employee.--Except as otherwise
provided in this subsection, the term `qualified resident
employee' means, with respect to any period, an employee of an
employer if the principal place of abode of such employee
during such period is within a Promise Zone, but substantially
all of the services performed during such period by such
employee for such employer are not performed within a Promise
Zone in a trade or business of the employer.
``(4) Certain individuals not eligible.--The terms
`qualified zone employee' and `qualified resident employee'
shall not include any individual described in paragraph (2) of
section 1396(d)(2) (determined after application of paragraph
(3) thereof).
``(e) Special Rules.--Rules similar to the rules of section 1397
shall apply for purposes of this section.
``(f) Taxpayer Reporting.--No credit shall be determined under this
section with respect to any taxpayer for any taxable year unless such
taxpayer provides the Secretary with such information as the Secretary
may require to allow the Secretary to evaluate the effectiveness of the
program established under this part.
``SEC. 1400V-3. EXPENSING OF PROMISE ZONE PROPERTY.
``(a) In General.--A taxpayer may elect to treat the cost of any
Promise Zone property as an expense which is not chargeable to capital
account. Any cost so treated shall be allowed as a deduction for the
taxable year in which the Promise Zone property is placed in service.
``(b) Promise Zone Property.--For purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `Promise Zone property' means property--
``(A) which is--
``(i) tangible property (to which section
168 applies) with an applicable recovery period
(within the meaning of section 168) of 20 years
or less,
``(ii) water utility property described in
section 168(e)(5),
``(iii) computer software described in
section 179(d)(1)(A)(ii), or
``(iv) qualified leasehold improvement
property (as defined in section 168(e)),
``(B) which is acquired by purchase (as defined in
section 179(d)(2)) for use in the active conduct of a
trade or business, and
``(C) which is originally placed in service by the
taxpayer in a Promise Zone.
``(2) Exception for certain property.--Such term shall not
include any property to which section 168(g) applies.
``(c) Election.--An election under this section shall be made under
rules similar to the rules of section 179(c).
``(d) Coordination With Section 179.--For purposes of section 179,
Promise Zone property shall not be treated as section 179 property.
``(e) Application of Other Rules.--Rules similar to the rules of
paragraphs (3), (4), (5), (7), (9) and (10) of section 179(d) shall
apply for purposes of this section.
``(f) Taxpayer Reporting.--This section shall not apply with
respect to any taxpayer for any taxable year unless such taxpayer
provides the Secretary with such information as the Secretary may
require to allow the Secretary to evaluate the effectiveness of the
program established under this part.''.
(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 Promise Zone employment credit determined under
section 1400V-2.''.
(2) The table of parts for subchapter Y of chapter 1 of
such Code is amended by adding at the end the following new
item:
``Part IV--Promise Zones''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2014. | Promise Zone Job Creation Act of 2014 - Amends the Internal Revenue Code to direct the Secretary of Housing and Urban Development (HUD) and the Secretary of Agriculture (USDA) to designate up to 20 areas as Promise Zones for purposes of priority consideration in federal grant programs and initiatives. Defines a "Promise Zone" as any area with a continuous boundary and a population of not more than 200,000 that is nominated by a local government or Indian tribe and designated on the basis of its unemployment, poverty, vacancy, and crime rates. Requires an application for designation as a Promise Zone to include a competitiveness plan that addresses the need of the area to attract investment and jobs and improve educational opportunities. Allows: (1) a Promise Zone employment tax credit for wages paid to a qualified zone or resident employee, and (2) expensing of Promise Zone property. Defines "Promise Zone property" as property that is: (1) tangible property with a recovery period of 20 years or less for depreciation purposes, water utility property, computer software, or qualified leasehold improvement property; (2) acquired by purchase for use in the active conduct of a trade or business; and (3) originally placed in service in a Promise Zone. | {"src": "billsum_train", "title": "Promise Zone Job Creation Act of 2014"} | 2,802 | 319 | 0.581951 | 1.732448 | 0.727673 | 2.792208 | 11.290043 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Assurance in Drug Testing
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drug abuse in the workplace is a serious national
problem, and
(2) drug testing can be an effective deterrent to drug
abuse when administered in a manner that provides for quality
assurance.
SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following new title:
``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING
``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.
``(a) Prohibition.--No individual may perform a toxicological
analysis in connection with any drug testing program that is subject to
this title unless such analysis is conducted in a laboratory certified
under subsection (b).
``(b) Certification.--Not later than 1 year after the date of
enactment of this title, the Secretary shall establish a program for
certifying laboratories that meet standards for performing--
``(1) drug screening tests,
``(2) drug confirmatory tests, and
``(3) both drug screening and confirmatory tests.
``(c) Criteria.--In establishing standards for certification under
subsection (b), the Secretary shall use criteria that will maximize the
predictive value of the testing scheme and that take into consideration
the practices, procedures, and experience of drug testing programs
which the Secretary determines are conducted in accordance with
appropriate standards and procedures.
``(d) Periodic Review.--At least once each year, the Secretary
shall review, and where appropriate revise, the certification criteria
established under subsection (b), taking into consideration the
relevant scientific technical advances in the area of drug testing and
revisions needed to reflect employer zero-drug tolerance practices.
``SEC. 2702. ANTI-DRUG ABUSE POLICY.
``(a) Written Policy.--As a condition of implementing or
maintaining a drug testing program, an employer shall establish a
written anti-drug abuse policy that shall contain, at a minimum, an
explanation concerning the--
``(1) circumstances under which a drug test will be
administered, the procedures for notifying an employee of a
confirmed positive result, and a statement the policy will be
administered in a consistent and nondiscriminatory manner
without regard to whether the employee is employed in a
management or hourly capacity,
``(2) safeguards established for protecting the privacy of
individuals who are subject to testing, including chain custody
procedures and the limitations on disclosure of the results of
drug tests,
``(3) availability of any drug abuse treatment program,
``(4) penalties that may be imposed for a violation of the
anti-drug policy of the employer, and
``(5) procedures under which an applicant or employee shall
be given a reasonable opportunity to explain a confirmed
positive test result.
``(b) Notice.--An employer shall make a reasonable effort to
provide notice of the written anti-drug abuse policy to applicants and
employees subject to testing using whatever methods the employer
determines to be appropriate.
``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.
``In order for an employer to be permitted to implement or maintain
a drug testing program, such employer shall establish, as part of such
drug testing program, a drug-free awareness program designed to inform
its employees concerning--
``(1) the dangers of drug abuse, both inside and outside of
the workplace,
``(2) the policy of the employer of maintaining a drug-free
workplace,
``(3) information as to the existence and availability of
counseling, employee assistance, rehabilitation, and other drug
abuse treatment programs of which the employer is aware, and
``(4) the penalties that may be imposed on applicants and
employees who test positive for the use of a drug, and for the
manufacture, distribution, dispensation, possession, or use of
a drug in the workplace of the employer.
``SEC. 2704. STANDARDS FOR DRUG TESTING.
``(a) Applicants.--Nothing in this title shall be construed to
prohibit an employer from requiring, as a condition of employment, that
an applicant submit to and pass a drug test based on criteria
established by the employer that is designed to achieve a drug-free
workplace. Refusal by an applicant to submit to such a test may be
treated in the same manner as a failure to pass a drug test.
``(b) Employees.--Nothing in this title shall be construed to
prohibit an employer from requiring an employee to submit to and pass a
drug test--
``(1) where the employer has reasonable suspicion to
believe that the employee is using or under the influence of a
drug,
``(2) where such test is administered as part of a
scheduled medical examination,
``(3) in the case of an accident or incident involving the
actual or potential loss of human life, serious bodily injury,
or significant property damage,
``(4) during and for a reasonable period of time (not to
exceed 5 years) after the completion of a drug abuse treatment
program, or
``(5) in the case of sensitive employee positions, work
units, locations, or facilities where drug abuse has been
identified as a problem, on a random basis.
``(c) Definition.--As used in this title, the term `random' means
the selection of individuals for testing based on a nondiscriminatory
impartial methods so that no employee is harassed or treated
differently from other employees in similar circumstances.
``SEC. 2505. EMPLOYEE PROTECTIONS.
``(a) Prohibitions.--In the case of an applicant or employee, it
shall be a violation of this title--
``(1) for an employer to fail to make reasonable efforts to
inform the applicant or employee as to the drug testing policy
of the employee,
``(2) for an employer to take any adverse action based on
the unconfirmed positive results of a drug test, except as
provided in subsection (c),
``(3) for an employer, on the request of an applicant or
employee, to fail to provide such applicant or employee with a
reasonable opportunity to be informed of a confirmed positive
drug test result, and
``(4) for an employer, on the request of an applicant or
employee, to fail to provide such applicant or employee with a
reasonable opportunity to explain the results of a confirmed
positive test result.
``(b) Antiretaliation Prohibition.--It shall be a violation of this
title for an employer to take retaliatory action against an employee
because of the exercise by the employee of any right granted or
protected under this title.
``(c) Exception for Sensitive Employees.--Pending the receipt of
the results of a confirmatory drug test, an employer may transfer or
reassign an employee in a sensitive position to another area or
position without any loss in compensation to such employee if the
initial drug test result is positive. If a confirmatory test of such
employee is negative, such employee shall be entitled to immediate
reinstatement to the position from which such employee has been
transferred or reassigned.
``SEC. 2706. CONFIDENTIALITY.
``(a) In General.--An individual, other than the applicant or
employee who is the subject of a drug test, shall not disclose
information obtained as a result of a drug test, except as provided in
subsection (b).
``(b) Permitted Disclosures.--An employer, or individual conducting
a drug test on behalf of an employer, may disclose information acquired
from a drug test only to--
``(1) the applicant or employee taking such drug test or
any other individual specifically designated in writing by such
applicant or employee taking such drug test,
``(2) the employer, including the designated representative
of such employer, that requested such test,
``(3) any court, governmental agency, arbitrator, or
mediator, in accordance with Federal or State law, and
``(4) appropriate drug abuse treatment providers.
``SEC. 2707. EMPLOYER PRACTICES.
``(a) Safe Workplace.--Nothing in this title shall be construed to
prohibit an employer from taking action necessary to ensure a safe
workplace.
``(b) Drug-Free Workplace.--Nothing in this title shall be
construed to prohibit an employer from taking action necessary, up to
and including termination, in the case of applicant or employee--
``(1) whose drug test result is confirmed positive,
``(2) who refuses to take a drug test authorized under this
title, or
``(3) who tampers with or adulterates a drug testing
specimen.
``(c) Participation in Drug Abuse Treatment Program.--Nothing in
this title shall be construed to prohibit an employer from requiring an
employee to participate in, and satisfactorily complete, a drug
treatment program as a condition of continued employment where the
employee has tested confirmed positive for drugs, has refused to submit
to a drug test, or has tampered with or adulterated a drug test
specimen.
``(d) Sensitive Position.--Nothing in this title shall be construed
to prohibit an employer from refusing to place an employee in, or
reinstate such employee, to a sensitive position if such employee has
tested confirmed positive for drug use.
``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.
``As part of the drug-free awareness program established pursuant
to section 2703, employers shall provide information to employees
concerning the existence and availability of public and private drug
counseling, employee assistance, rehabilitation, and other drug abuse
treatment programs of which the employer is aware.
``SEC. 2709. REGULATIONS.
``Not later than 1 year after the date of enactment of this title,
the Secretary shall--
``(1) establish a program for the certification of
laboratories for the performance of toxicological urinalysis
conducted for drug testing programs as described in this title,
and
``(2) issue such other rules and regulations as may be
necessary or appropriate to carry out this title.
``SEC. 2710. ENFORCEMENT AND RELIEF.
``(a) Laboratory Certification Standards.--The certification
program established pursuant to section 2701(b) shall be enforced in
accordance with the procedures and sanctions contained in subsections
(g), (h), (i), (j), (k), and (l) of section 353.
``(b) Employee Complaints Charging Unlawful Discharge or
Discrimination; Investigation Order.--
``(1) Complaint.--An employee who believes that such
employee has been charged or otherwise discriminated against by
an employer in violation of this title may, not later than 30
days after such action occurs, file (or have any individual
file on behalf of such employee) a complaint with the Secretary
of Labor (hereinafter referred to in this subsection as the
`Secretary') alleging that such discharge or discrimination
violates this title. On receipt of such complaint, the
Secretary shall notify the individual named in the complaint of
such filing.
``(2) Investigation and order.--
``(A) Investigation.--On receipt of a complaint
filed under paragraph (1), the Secretary shall conduct
an investigation of the violation alleged in such
complaint. Not later than 30 days after the receipt of
such complaint, the Secretary shall complete such
investigation and shall notify in writing the employer
(and any individual acting on behalf of the employer)
as to the results of such investigation.
``(B) Order.--Not later than 30 days after the
completion of such investigation, the Secretary shall,
unless the proceeding on the complaint is terminated by
the Secretary on the basis of a settlement entered into
by the Secretary and the employer alleged to have
committed such violation, issue an order either
providing the relief prescribed in this section or
denying the complaint. An order of the Secretary issued
under this subparagraph shall be made on the record
after notice and opportunity for public hearing.
``(3) Relief.--If, in response to a complaint filed under
paragraph (1), the Secretary determines that a violation of
this title has occurred, the Secretary shall order the employer
who committed such violation to provide such suitable relief as
the Secretary determines appropriate, including reinstatement,
promotion, and the payment of lost wages and benefits.
``(4) Review or order.--An employee or employer adversely
affected or aggrieved by an order issued under paragraph (2)
may obtain review of such order in the United States Court of
Appeals for the circuit in which the violation, with respect to
which the order was issued, allegedly occurred. The petition
for review shall be filed not later than 60 days after the
issuance of the order of the Secretary under paragraph (2).
Review by the Court of Appeals shall conform to chapter 7 of
Title 5, United States Code.
``(5) Failure to comply.--If an employee or employer fails
to comply with an order issued under paragraph (2), the
Secretary may file a civil action in the United States court
for the district in which the violation was found to occur to
enforce such order. Such court, in issuing any final order
under this subsection, may award the costs of litigation
(including reasonable attorney and expert witness fees) to the
prevailing party.
``(c) Affirmative Defense.--The good faith compliance of an
employer with the standards and procedures established under this title
shall constitute an affirmative defense against any complaint filed
under subsection (b).
``(d) Construction.--Nothing in this title shall be construed to
require an employer to establish a drug testing program for applicants
or employees or make employment decisions based on such test results.
``SEC. 2711. EFFECT ON OTHER LAWS.
``(a) State Law.--This title shall preempt any State or local law,
rule, regulation, order or standard that applies to the drug testing of
an applicant or employee, or that relates to any matter addressed under
this title. No State or local government shall adopt or enforce any
law, rule, regulation, ordinance, standard or order relating to--
``(1) the certification of laboratories that perform drug
testing analysis with respect to such analysis,
``(2) requirements for the conduct of drug testing under
the certification program established under this title,
``(3) the conducting of employee or applicant drug testing
programs, or
``(4) any other matter relating to this title.
``(b) Other Federal Laws.--Nothing in this title shall be construed
to prohibit the Secretary of Transportation or the Nuclear Regulatory
Commission from issuing regulations with respect to drug and alcohol
testing.
``SEC. 2712. EFFECTIVE DATE.
``This title shall become effective 2 years after the date of
enactment of this title, except that the prohibition contained in
section 2701(a) shall not take effect less than 1 year after
establishment of the certification program required under section
2701(b).
``SEC. 2713. DEFINITIONS.
``As used in this title:
``(1) Applicant.--The term `applicant' means any individual
who has submitted an application to an employer, whether
written or oral, for employment with such employer.
``(2) Drug.--The term `drug' means any controlled substance
listed in Scheduled I through V of section 202 of the
Controlled Substances Act (21 U.S.C. 812), alcohol, steroids,
and any other drug or medication that can interfere with
employment performance.
``(3) Drug abuse treatment program.--The term `drug abuse
treatment program' means a program, such as an employee
assistance program, designed to assist an individual in dealing
with problems caused by drug abuse.
``(4) Drug test.--The term `drug test' means any test
procedure used to take and analyze blood, breath, hair, urine
or other body fluids or materials for the purpose of detecting
the presence or absence of a drug or its metabolites.
``(5) Employee.--The term `employee' means an individual
employed by an employer.
``(f) Employer.--The term `employer' means an individual,
partnership, corporation, association, or other entity (including the
Federal Government), that employs one or more employees, and that is
engaged in an industry affecting commerce.
``(g) Sensitive Employee.--The term `sensitive employee' means an
individual employed in a position whose duties, as defined by the
employer, involve responsibilities affecting such matters as national
security, health, or safety, environment, or other responsibilities
requiring a high degree of trust and confidence.
``SEC. 2714. PROFESSIONAL ATHLETES.
``For purposes of this title, professional athletes may be treated
in the same manner as employees who meet the definition of section
2714(g), except that professional athletes shall not be covered by
section 2706(a).''. | Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act. Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests.
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program.
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees.
Sets forth certain employee protections.
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances.
Sets forth procedures for employee complaints of unlawful discharge or discrimination. | {"src": "billsum_train", "title": "Quality Assurance in Drug Testing Act"} | 3,794 | 183 | 0.582887 | 1.610954 | 0.855144 | 2.802548 | 22.522293 | 0.866242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Fairness in
Representation Act'' .
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Over half a million people living in the District of
Columbia, the capital of our democratic Nation, lack direct
voting representation in the United States Senate and House of
Representatives.
(2) District of Columbia residents have fought and died to
defend our democracy in every war since the War of
Independence.
(3) District of Columbia residents pay billions of dollars
in Federal taxes each year.
(4) Our Nation is founded on the principles of ``one
person, one vote'' and ``government by the consent of the
governed''.
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendment Regarding Application of Method of Equal
Proportions in Apportionment of House of Representatives.--Section 2(a)
of the Act entitled ``An Act to provide for apportioning
Representatives in Congress among the several States by the equal
proportion method'', approved November 15, 1941 (2 U.S.C. 2b), is
amended by inserting ``or the District of Columbia'' after ``no
State''.
(c) Conforming Amendments Regarding Appointments to Service
Academies.--
(1) United states military academy.--Section 4342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(2) United states naval academy.--Such title is amended--
(A) in section 6954(a), by striking paragraph (5);
and
(B) in section 6958(b), by striking ``the District
of Columbia,''.
(3) United states air force academy.--Section 9342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to the One Hundred Ninth Congress and
each succeeding Congress.
SEC. 4. TEMPORARY INCREASE IN APPORTIONMENT OF HOUSE OF
REPRESENTATIVES.
(a) In General.--Effective January 3, 2005, and until the taking
effect of the first reapportionment occurring after the regular
decennial census conducted for 2010--
(1) the membership of the House of Representatives shall be
increased by 2 members;
(2) each such Representative shall be in addition to the
membership of the House of Representatives as now prescribed by
law; and
(3) the State identified by the Clerk of the House of
Representatives in the report submitted under subsection (b)
shall be entitled to one additional Representative.
(b) Transmittal of Revised Apportionment Information by President
and Clerk.--
(1) Statement of apportionment by president.--Not later
than 30 days after the date of the enactment of this Act, the
President shall transmit to Congress a revised version of the
most recent statement of apportionment submitted under section
22(a) of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for
apportionment of Representatives in Congress'', approved June
28, 1929 (2 U.S.C. 2a(a)), to take into account the provisions
of this Act.
(2) Report by clerk.-- Not later than 15 calendar days
after receiving the revised version of the statement of
apportionment under paragraph (1), the Clerk of the House of
Representatives, in accordance with section 22(b) of such Act
(2 U.S.C. 2a(b)), shall send to the executive of each State a
certificate of the number of Representatives to which such
State is entitled under section 22 of such Act, and shall
submit a report to the Speaker of the House of Representatives
identifying the State entitled to one additional Representative
pursuant to this section.
(c) Increase not Counted Against Total Number of Members.--The
temporary increase in the membership of the House of Representatives
provided under subsection (a) shall not--
(1) operate to either increase or decrease the permanent
membership of the House of Representatives as prescribed in the
Act of August 8, 1911 (2 U.S.C. 2);
(2) affect the basis of reapportionment established by the
Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty
Second Congress and each Congress thereafter; or
(3) be taken into account in determining the number of
electors under section 3 of title 3, United States Code, with
respect to the 2004 Presidential election.
SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C.
Official Code) are repealed, and the provisions of law amended or
repealed by such sections are restored or revived as if such sections
had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended--
(1) in section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives'';
(2) in section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6), and
(B) in paragraph (13), by striking ``the Delegate
to Congress for the District of Columbia'';
(3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) by striking ``Delegate'' in the heading, and
(B) by striking ``Delegate,'' each place it appears
in subsections (h)(1)(A), (i)(1), and (j)(1);
(4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) by striking subparagraph (A) of subsection
(a)(3), and
(B) in subsection (d)--
(i) by striking ``Delegate,'' each place it
appears in paragraph (1), and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(5) in section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,''; and
(6) in section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``except the Delegate to the Congress from
the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2004 and any
succeeding year.
SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE.
(a) In General.--Section 4 of the District of Columbia Statehood
Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official
Code) is amended as follows:
(1) By striking ``offices of Senator and Representative''
each place it appears in subsection (d) and inserting ``office
of Senator''.
(2) In subsection (d)(2)--
(A) by striking ``a Representative or'';
(B) by striking ``the Representative or''; and
(C) by striking ``Representative shall be elected
for a 2-year term and each''.
(3) In subsection (d)(3)(A), by striking ``and 1 United
States Representative''.
(4) By striking ``Representative or'' each place it appears
in subsections (e), (f), (g), and (h).
(5) By striking ``Representative's or'' each place it
appears in subsections (g) and (h).
(b) Conforming Amendments.--
(1) Statehood commission.--Section 6 of such Initiative
(sec. 1-125, D.C. Official Code) is amended--
(A) in subsection (a)--
(i) by striking ``27 voting members'' and
inserting ``26 voting members'',
(ii) by adding ``and'' at the end of
paragraph (5); and
(iii) by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6);
and
(B) in subsection (a-1)(1), by striking
subparagraph (H).
(2) Authorization of appropriations.--Section 8 of such
Initiative (sec. 1-127, D.C. Official Code) is amended by
striking ``and House''.
(3) Application of honoraria limitations.--Section 4 of
D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by
striking ``or Representative'' each place it appears.
(4) Application of campaign finance laws.--Section 3 of the
Statehood Convention Procedural Amendments Act of 1982 (sec. 1-
135, D.C. Official Code) is amended by striking ``and United
States Representative''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2004 and any
succeeding year.
SEC. 7. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act is
held invalid, the remaining provisions of this Act or any amendment
made by this Act shall be treated as invalid. | District of Columbia Fairness in Representation Act - Considers the District of Columbia as a congressional district for purposes of representation in the House of Representatives.
Provides, until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010, that: (1) the membership of the House shall be increased by two Members; and (2) each such Representative shall be in addition to such current membership; and (3) the State identified by the Clerk of the House in a specified report by the President to Congress shall be entitled to one additional Representative.
Prohibits the temporary increase from: (1) increasing or decreasing the permanent membership of the House; (2) affecting the basis of reappointment established by Federal law; or (3) being taken into account in determining the number of electors with respect to the 2004 Presidential election.
Amends the District of Columbia Delegate Act to repeal the office of District of Columbia Delegate.
Amends the District of Columbia Statehood Constitutional Convention Initiative of 1979 to repeal the office of Statehood Representative. | {"src": "billsum_train", "title": "To establish the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes."} | 2,224 | 220 | 0.500149 | 1.362802 | 0.678314 | 4.906863 | 9.784314 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Freedom to
Choose Act of 2008''.
SEC. 2. USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR
PROFESSIONAL SERVICES.
(a) In General.--Section 1802(b) of the Social Security Act (42
U.S.C. 1395a) is amended to read as follows:
``(b) Clarification of Use of Private Contracts by Medicare
Beneficiaries for Professional Services.--
``(1) In general.--Nothing in this title shall prohibit a
medicare beneficiary from entering into a private contract with
a physician or health care practitioner for the provision of
medicare covered professional services (as defined in paragraph
(5)(C)) if--
``(A) the services are covered under a private
contract that is between the beneficiary and the
physician or practitioner and meets the requirements of
paragraph (2);
``(B) under the private contract no claim for
payment for services covered under the contract is to
be submitted (and no payment made) under part A or B,
under a contract under section 1876, or under an MA
plan (other than an MSA plan); and
``(C)(i) the Secretary has been provided with the
minimum information necessary to avoid any payment
under part A or B for services covered under the
contract, or
``(ii) in the case of an individual
enrolled under a contract under section 1876 or
an MA plan (other than an MSA plan) under part
C, the eligible organization under the contract
or the MA organization offering the plan has
been provided the minimum information necessary
to avoid any payment under such contract or
plan for services covered under the contract.
``(2) Requirements for private contracts.--The requirements
in this paragraph for a private contract between a medicare
beneficiary and a physician or health care practitioner are as
follows:
``(A) General form of contract.--The contract is in
writing and is signed by the medicare beneficiary.
``(B) No claims to be submitted for covered
services.--The contract provides that no party to the
contract (and no entity on behalf of any party to the
contract) shall submit any claim for (or request)
payment for services covered under the contract under
part A or B, under a contract under section 1876, or
under an MA plan (other than an MSA plan).
``(C) Scope of services.--The contract identifies
the medicare covered professional services and the
period (if any) to be covered under the contract, but
does not cover any services furnished--
``(i) before the contract is entered into;
or
``(ii) for the treatment of an emergency
medical condition (as defined in section
1867(e)(1)(A)), unless the contract was entered
into before the onset of the emergency medical
condition.
``(D) Clear disclosure of terms.--The contract
clearly indicates that by signing the contract the
medicare beneficiary--
``(i) agrees not to submit a claim (or to
request that anyone submit a claim) under part
A or B (or under section 1876 or under an MA
plan, other than an MSA plan) for services
covered under the contract;
``(ii) agrees to be responsible, whether
through insurance or otherwise, for payment for
such services and understands that no
reimbursement will be provided under such part,
contract, or plan for such services;
``(iii) acknowledges that no limits under
this title (including limits under paragraphs
(1) and (3) of section 1848(g)) will apply to
amounts that may be charged for such services;
``(iv) acknowledges that medicare
supplemental policies under section 1882 do
not, and other supplemental health plans and
policies may elect not to, make payments for
such services because payment is not made under
this title; and
``(v) acknowledges that the beneficiary has
the right to have such services provided by (or
under the supervision of) other physicians or
health care practitioners for whom payment
would be made under such part, contract, or
plan.
Such contract shall also clearly indicate whether the
physician or practitioner involved is excluded from
participation under this title.
``(3) Modifications.--The parties to a private contract may
mutually agree at any time to modify or terminate the contract
on a prospective basis, consistent with the provisions of
paragraphs (1) and (2).
``(4) No requirements for services furnished to msa plan
enrollees.--The requirements of paragraphs (1) and (2) do not
apply to any contract or arrangement for the provision of
services to a medicare beneficiary enrolled in an MA plan under
part C.
``(5) Definitions.--In this subsection:
``(A) Health care practitioner.--The term `health
care practitioner' means a practitioner described in
section 1842(b)(18)(C).
``(B) Medicare beneficiary.--The term `medicare
beneficiary' means an individual who is enrolled under
part B.
``(C) Medicare covered professional services.--The
term `medicare covered professional services' means--
``(i) physicians' services (as defined in
section 1861(q), and including services
described in section 1861(s)(2)(A)), and
``(ii) professional services of health care
practitioners, including services described in
section 1842(b)(18)(D),
for which payment may be made under part A or B, under
a contract under section 1876, or under a
Medicare+Choice plan but for the provisions of a
private contract that meets the requirements of
paragraph (2).
``(D) Ma plan; msa plan.--The terms `MA plan' and
`MSA plan' have the meanings given such terms in
section 1859.
``(E) Physician.--The term `physician' has the
meaning given such term in section 1861(r).''.
(b) Conforming Amendments Clarifying Exemption From Limiting Charge
and From Requirement for Submission of Claims.--Section 1848(g) of the
Social Security Act (42 U.S.C. 1395w-4(g)) is amended--
(1) in paragraph (1)(A), by striking ``In'' and inserting
``Subject to paragraph (8), in'';
(2) in paragraph (3)(A), by striking ``Payment'' and
inserting ``Subject to paragraph (8), payment'';
(3) in paragraph (4)(A), by striking ``For'' and inserting
``Subject to paragraph (8), for''; and
(4) by adding at the end the following new paragraph:
``(8) Exemption from requirements for services furnished
under private contracts.--
``(A) In general.--Pursuant to section 1802(b)(1),
paragraphs (1), (3), and (4) do not apply with respect
to physicians' services (and services described in
section 1861(s)(2)(A)) furnished to an individual by
(or under the supervision of) a physician if the
conditions described in section 1802(b)(1) are met with
respect to the services.
``(B) No restrictions for enrollees in msa plans.--
Such paragraphs do not apply with respect to services
furnished to individuals enrolled with MSA plans under
part C, without regard to whether the conditions
described in subparagraphs (A) through (C) of section
1802(b)(1) are met.
``(C) Application to enrollees in other plans.--
Subject to subparagraph (B) and section 1852(k)(2), the
provisions of subparagraph (A) shall apply in the case
of an individual enrolled under a contract under
section 1876 or under an MA plan (other than an MSA
plan) under part C, in the same manner as they apply to
individuals not enrolled under such a contract or
plan.''.
(c) Conforming Amendments.--(1) Section 1842(b)(18) of the Social
Security Act (42 U.S.C. 1395u(b)(18)) is amended by adding at the end
the following:
``(E) The provisions of section 1848(g)(8) shall
apply with respect to exemption from limitations on
charges and from billing requirements for services of
health care practitioners described in this paragraph
in the same manner as such provisions apply to
exemption from the requirements referred to in section
1848(g)(8)(A) for physicians' services.''.
(2) Section 1866(a)(1)(O) of such Act (42 U.S.C. 1395cc(a)(1)(O))
is amended by striking ``enrolled with a Medicare+Choice organization
under part C'' and inserting ``enrolled with an MA organization under
part C (other than under an MSA plan)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date of the enactment of
this Act and apply to contracts entered into on or after that date.
SEC. 3. ALLOWING INDIVIDUALS TO CHOOSE TO OPT OUT OF THE MEDICARE PART
A BENEFIT; ELIGIBILITY FOR HEALTH SAVINGS ACCOUNTS.
(a) In General.--Notwithstanding any other provision of law, no
provision of law or regulation shall be construed as preventing an
individual who is otherwise entitled to benefits under part A of title
XVIII of the Social Security Act from electing, in a form and manner
specified by the Secretary of Health and Human Services, from waiving
the rights to such benefits and otherwise opting out of right of
receiving benefits under such part.
(b) Individuals Opting Out of Medicare Part A Eligible for Health
Savings Accounts.--Section 223 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (b), by striking paragraph (7), and
(2) in subsection (d)(2)(C)(iv), by inserting ``and who has
not waived the rights to benefits under part A of title XVIII
of such Act'' after ``Social Security Act''. | Medicare Beneficiary Freedom to Choose Act of 2008 - Amends title XVIII (Medicare) to revise requirements for the use of private contracts by Medicare beneficiaries under which no Medicare claims shall be made. Requires any such contract to be in writing and signed by the Medicare beneficiary.
Allows individuals to choose to opt out of the Medicare part A (Hospital Insurance), and makes them eligible for health savings accounts. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to clarify the use of private contracts by Medicare beneficiaries for professional services and to allow individuals to choose to opt out of the Medicare part A benefits."} | 2,291 | 93 | 0.484172 | 1.167321 | 0.901209 | 3.692308 | 25.717949 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Land Fire Regulations
Enforcement Act''.
SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM
LAND, NATIONAL FOREST SYSTEM LAND, AND OTHER PUBLIC LAND.
(a) Land Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) is amended--
(1) by striking ``(a) The Secretary'' and inserting the
following:
``(a) Regulations.--
``(1) In general.--The Secretary'';
(2) by striking the second sentence;
(3) in the third sentence, by striking ``Any person
charged'' and inserting the following:
``(2) Court procedures.--Any person charged''; and
(4) by adding at the end the following:
``(3) Knowing violations.--Any person who knowingly
violates or fails to comply with any of the provisions of this
Act or any regulation issued under this Act shall be--
``(A) guilty of a Class A misdemeanor; and
``(B) subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
sections.
``(4) Other violations.--Any person who otherwise violates
or fails to comply with any of the provisions of this Act or
any regulation issued under this Act shall--
``(A) be guilty of a Class B misdemeanor;
``(B) be subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
sections; and
``(C) pay all costs of the proceedings associated
with the violation or failure to comply.''.
(b) National Park System Land.--
(1) Enforcement.--Section 3 of the National Park Service
Organic Act (16 U.S.C. 3) is amended--
(A) in the first sentence--
(i) by striking ``That the Secretary'' and
inserting the following:
``(a) Regulations for Use and Management; Enforcement.--
``(1) In general.--The Secretary''; and
(ii) by striking ``Service,'' and all that
follows through ``proceedings.'' and inserting
``Service.'';
(B) in subsection (a) (as designated by
subparagraph (A)(i)) by adding at the end the
following:
``(2) Knowing violations.--Any person who knowingly
violates or fails to comply with any of the provisions of this
Act or any regulation issued under this Act shall be--
``(A) guilty of a Class A misdemeanor; and
``(B) subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
sections.
``(3) Other violations.--Any person who otherwise violates
or fails to comply with any of the provisions of this Act or
any regulation issued under this Act shall--
``(A) be guilty of a Class B misdemeanor;
``(B) be subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
section; and
``(C) pay all costs of the proceedings associated
with the violation or failure to comply.'';
(C) in the second sentence, by striking ``He may
also, upon'' and inserting the following:
``(b) Special Management Authorities.--
``(1) In general.--The Secretary of the Interior may, on'';
(D) in the third sentence, by striking ``He may
also provide'' and inserting the following:
``(2) Animal and plants.--The Secretary of the Interior may
provide''; and
(E) in the fourth sentence, by striking ``No
natural,'' and inserting the following:
``(c) Lease and Permit Authorities.--No natural''.
(c) National Wildlife Refuge System Land.--Section 4(f) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(f)) is amended by striking paragraphs (1) and (2) and inserting
the following:
``(1) Knowing violations.--Any person who knowingly
violates or fails to comply with any of the provisions of this
Act or any regulation issued under this Act shall--
``(A) be guilty of a Class A misdemeanor;
``(B) be subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
sections; and
``(C) pay all costs of the proceedings associated
with the violation or failure to comply.
``(2) Other violations.--Any person who otherwise violates
or fails to comply with any of the provisions of this Act or
any regulation issued under this Act shall--
``(A) be guilty of a Class B misdemeanor;
``(B) be subject to--
``(i) a fine under section 3571 of title
18, United States Code;
``(ii) imprisonment under section 3581 of
title 18, United States Code; or
``(iii) fine and imprisonment under those
sections; and
``(C) pay all costs of the proceedings associated
with the violation or failure to comply.''.
(d) National Forest System Land.--The eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551) is amended to read as follows:
``The Secretary of Agriculture shall make provisions for
the protection of the National Forest System (as defined in
section 11 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609)) against destruction by
fire and depredations. The Secretary may issue such regulations
and establish such service as would insure the objects of the
National Forest System, including regulating the occupancy and
use of the National Forest System and protecting National
Forest System land from destruction. Any person who knowingly
violates any regulation issued under this paragraph shall be
guilty of a Class A misdemeanor and shall be subject to a fine
under section 3571 of title 18, United States Code,
imprisonment under section 3581 of title 18, United States
Code, or fine and imprisonment under those sections. Any person
who otherwise violates any regulation issued under this
paragraph shall be guilty of a Class B misdemeanor, subject to
a fine under section 3571 of title 18, United States Code,
imprisonment under section 3581 of title 18, United States
Code, or fine and imprisonment under those sections. A person
who violates any regulation issued under this paragraph may
also be ordered to pay all costs of the proceedings. Any person
charged with the violation of a regulation issued under this
paragraph may be tried and sentenced by any United States
magistrate judge specially designated for that purpose by the
court by which the magistrate judge was appointed, in the same
manner and subject to the same conditions provided for in
subsections (b) through (e) of section 3401 of title 18, United
States Code.''.
SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE
REGULATIONS DURING FIRE BAN.
(a) Land Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) (as amended by section 2(a)) is amended by adding at the end
the following:
``(5) Minimum fine.--In the case of a regulation issued
under this section regarding the use of fire by individuals on
public land, if the violation of the regulation was the result
of reckless conduct, occurred in an area subject to a complete
ban on open fires, and resulted in damage to public or private
property, the fine shall be not less than $500.''.
(b) National Park System Land.--Section 3(a) of the National Park
Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is
amended by adding at the end the following:
``(4) Minimum fine.--In the case of a rule or regulation
issued under this subsection regarding the use of fire by
individuals on the land, if the violation of the rule or
regulation was the result of reckless conduct, occurred in an
area subject to a complete ban on open fires, and resulted in
damage to public or private property, the fine shall be not
less than $500.''.
(c) National Forest System Land.--The eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended
by adding at the end the following: ``In the case of a regulation
issued under this paragraph regarding the use of fire by individuals on
National Forest System land, if the violation of the regulation was the
result of reckless conduct, occurred in an area subject to a complete
ban on open fires, and resulted in damage to public or private
property, the fine shall be not less than $500.''. | Public Land Fire Regulations Enforcement Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates the provisions of such an Act concerning the management, use, and protection of covered lands shall be guilty of a Class A misdemeanor and subject to fine and/or imprisonment; and (2) any person who otherwise violates the provisions of such an Act concerning the management, use, and protection of such covered lands shall be guilty of a Class B misdemeanor and subject to fine and/or imprisonment.
Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest System land. | {"src": "billsum_train", "title": "A bill to provide consistent enforcement authority to the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public land under the jurisdiction of those agencies, and for other purposes."} | 2,256 | 196 | 0.586023 | 1.585806 | 0.654359 | 3.33908 | 11.735632 | 0.902299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Scholarship Act of 2007''.
SEC. 2. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Administrator is authorized to
establish a Science and Technology Scholarship Program to award
scholarships to individuals to recruit and prepare students for
careers in the National Weather Service and in Administration
marine research, atmospheric research, and satellite programs.
(2) Competitive process.--Individuals shall be selected to
receive scholarships under the scholarship program through a
competitive process primarily on the basis of academic merit,
with consideration given to financial need and the goal of
promoting the participation of individuals described in section
33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b) in the scholarship program.
(3) Service agreements.--To carry out the scholarship
program, the Administrator shall enter into contractual
agreements with individuals selected under paragraph (2) under
which the individuals agree to serve as full-time employees of
the Administration, for the period described in subsection
(f)(1), in positions needed by the Administration in fields
described in paragraph (1) and for which the individuals are
qualified, in exchange for receiving a scholarship.
(b) Scholarship Eligibility.--In order to be eligible to
participate in the scholarship program, an individual shall--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
program or field of study described in the list made available
under subsection (d);
(2) be a citizen or permanent resident of the United
States; and
(3) at the time of the initial scholarship award, not be an
employee (as that term is defined in section 2105 of title 5,
United States Code) of the United States.
(c) Application Required.--An individual seeking a scholarship
under the scholarship program shall submit an application to the
Administrator at such time, in such manner, and containing such
information, agreements, or assurances as the Administrator may require
to carry out this section.
(d) Eligible Academic Programs.--The Administrator shall make
publicly available a list of academic programs and fields of study for
which scholarships may be utilized in fields described in subsection
(a)(1), and shall update the list as necessary.
(e) Scholarship Requirement.--
(1) In general.--The Administrator may provide a
scholarship under the scholarship program for an academic year
if the individual applying for the scholarship has submitted to
the Administrator, as part of the application required under
subsection (c), a proposed academic program leading to a degree
in a program or field of study on the list made available under
subsection (d).
(2) Duration of eligibility.--An individual may not receive
a scholarship under the scholarship program for more than 4
academic years, unless the Administrator grants a waiver.
(3) Scholarship amount.--The dollar amount of a scholarship
under the scholarship program for an academic year shall be
determined under regulations issued by the Administrator, but
may not exceed the cost of attendance, as described in
paragraph (4).
(4) Authorized uses.--A scholarship provided under the
scholarship program may be expended for tuition, fees, and
other authorized expenses as established by the Administrator
by regulation.
(5) Contracts regarding direct payments to institutions.--
The Administrator may enter into a contractual agreement with
an institution of higher education under which the amounts
provided for a scholarship under this section for tuition,
fees, and other authorized expenses are paid directly to the
institution with respect to which the scholarship is provided.
(f) Period of Obligated Service.--
(1) Duration of service.--Except as provided in subsection
(h)(2), the period of service for which an individual shall be
obligated to serve as an employee of the Administration shall
be 24 months for each academic year for which a scholarship
under the scholarship program is provided.
(2) Schedule for service.--
(A) In general.--Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin
not later than 60 days after the individual obtains the
educational degree for which the scholarship was
provided.
(B) Deferral.--The Administrator may defer the
obligation of an individual to provide a period of
service under paragraph (1) if the Administrator
determines that such a deferral is appropriate. The
Administrator shall prescribe the terms and conditions
under which a service obligation may be deferred
through regulation.
(g) Penalties for Breach of Scholarship Agreement.--
(1) Failure to complete academic training.--Scholarship
recipients who fail to maintain a high level of academic
standing, as defined by the Administrator by regulation, who
are dismissed from their educational institutions for
disciplinary reasons, or who voluntarily terminate academic
training before graduation from the educational program for
which the scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation
arising under such agreement, shall be liable to the United
States for repayment not later than 1 year after the date of
default of all scholarship funds paid to them and to the
institution of higher education on their behalf under the
agreement, except as provided in subsection (h)(2). The
repayment period may be extended by the Administrator when
determined to be necessary, as established by regulation.
(2) Failure to begin or complete the service obligation or
meet the terms and conditions of deferment.--Except as provided
in subsection (h), an individual who receives a scholarship
under the scholarship program and who, for any reason, fails to
begin or complete a service obligation under this section after
completion of academic training, or fails to comply with the
terms and conditions of deferment established by the
Administrator pursuant to subsection (f)(2)(B), shall be in
breach of the contractual agreement. Such an individual shall
be liable to the United States for an amount equal to--
(A) the total amount received by the individual
under the scholarship program; plus
(B) the amount of interest that would have been
earned on such amount, at the maximum legal prevailing
rate as determined by the Treasurer of the United
States, during the period between the date the amount
was awarded to the individual and the date of the
breach of the agreement.
(h) Waiver or Suspension of Obligation.--
(1) Death of individual.--Any obligation of an individual
incurred under the scholarship program (or a contractual
agreement thereunder) for service or payment shall be canceled
upon the death of the individual.
(2) Impossibility or extreme hardship.--The Administrator
shall by regulation provide for the partial or total waiver or
suspension of any obligation of service or payment incurred by
an individual under the scholarship program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual,
or if enforcement of such obligation with respect to the
individual would be contrary to the best interests of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(a) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(b) Administrator.--The term ``Administrator'' means the Under
Secretary for Oceans and Atmosphere of the Department of Commerce.
(c) Cost of Attendance.--The term ``cost of attendance'' has the
meaning given that term in section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll).
(d) Institution of Higher Education.--The term ``institution of
higher education'' has the meaning given that term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(e) Scholarship Program.--The term ``scholarship program'' means
the Science and Technology Scholarship Program established under
section 2(a). | NOAA Scholarship Act of 2007 - Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a Science and Technology Scholarship Program to award scholarships to students at institutions of higher education to recruit and prepare them for careers in the National Weather Service and in NOAA marine research, atmospheric research, and satellite programs. Sets forth provisions governing such Program. | {"src": "billsum_train", "title": "A bill to establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in National Oceanic and Atmospheric Administration marine research, atmospheric research, and satellite programs and for other purposes."} | 1,694 | 84 | 0.564687 | 1.369872 | 1.298018 | 5.043478 | 23.086957 | 0.927536 |
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