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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and to carry out the
treaty obligations of the United States, and therefore Congress
may by law impose penalties relating to the provision of
material support to foreign organizations engaged in terrorist
activity, and allow for victims of international terrorism to
recover damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside the United States for conduct directed and targeted at
the United States.
(5) Foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any contribution
to such an organization facilitates that conduct.
(6) The imposition of civil liability at every point along
the causal chain of terrorism is necessary to deter the flow of
terrorism's lifeblood, money. As recognized by Judge Richard
Posner in Boim v. Holy Land Foundation for Relief and
Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _
(7th Cir. 2008) (en banc), ``Damages are a less effective
remedy against terrorists and their organizations than against
their financial angels . . . suits against financiers of
terrorism can cut the terrorists' lifeline.'' Moreover, the
statute of limitations for such claims must be extensive, for
as the Seventh Circuit notes, ``Seed money for terrorism can
sprout acts of violence long after the investment''.
(7) The reasoning like that of the United States Court of
Appeals for the Second Circuit in In Re: Terrorists Attacks on
September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine
important counter-terrorism policies of the United States, by
affording undue protection from civil liability to persons,
entities and states that provide material support or resources
to foreign terrorist organizations, and by depriving victims of
international terrorism of meaningful access to court to seek
redress for their injuries.
(8) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all states
have an affirmative obligation to ``refrain from providing any
form of support, active or passive, to entities or persons
involved in terrorist acts,'' and to ``ensure that any person
who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts
is brought to justice''.
(9) Consistent with these declarations, no state possesses
the discretion to engage knowingly in the financing or
sponsorship of terrorism, whether directly or indirectly.
(10) Persons, entities or states that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of United States nationals or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being haled into court in the
United States to answer for such activities.
(11) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to court to
pursue civil claims against persons, entities, or states that
have knowingly or recklessly provided material support or
resources, directly or indirectly, to the persons or
organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the fullest possible basis, consistent with the Constitution, to
seek relief against persons, entities and foreign states, wherever
acting and wherever they may be found, which have provided material
support or resources, directly or indirectly, to foreign organizations
that engage in terrorist activities against the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
(a) Exceptions.--Section 1605(a) of title 28, United States Code,
is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
his office or employment (regardless of where the underlying
tortious act or omission occurs), including any statutory or
common law tort claim arising out of an act of extrajudicial
killing, aircraft sabotage, hostage taking, terrorism, or the
provision of material support or resources for such an act, or
any claim for contribution or indemnity relating to a claim
arising out of such an act, except this paragraph shall not
apply to--
``(A) any claim based upon the exercise or
performance or the failure to exercise or perform a
discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `hostage taking', and
`material support or resources' have the meanings given those
terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism,
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action arising under subsection (a),
liability may be asserted as to the person or persons who committed
such act of international terrorism or any person or entity that aided,
abetted, provided material support or resources (as defined in section
2339A(b)(1)) to, or conspired with the person or persons who committed
such an act of international terrorism.
``(e) Non-Applicability of Law of Preclusion.--Any civil action or
claim that seeks recovery under this chapter for conduct that was the
basis of a civil action or claim previously dismissed for lack of
subject matter jurisdiction for failure to meet the requirements for an
exception under section 1605(a) of title 28 is not subject to dismissal
under the law of preclusion.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
(c) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects a foreign state's immunity from
jurisdiction under other law.
SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS.
(a) In General.--Section 2334 of title 18, United States Code, is
amended by inserting at the end the following:
``(e) Jurisdiction.--The district courts shall have personal
jurisdiction, to the maximum extent permissible under the Fifth
Amendment of the United States Constitution, over any person who aids
and abets an act of international terrorism or who provides material
support or resources as set forth in sections 2339A, 2339B, or 2339C of
this title, for acts of international terrorism in which any national
of the United States suffers injury in his or her person, property or
business by reason of such an act in violation of section 2333 of this
title.''.
(b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such the date of
enactment.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2337 of title 18, United States Code, is
amended to read as follows:
``Sec. 2337. Suits against Government officials
``No action shall be maintained under section 2333 of this title
against the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof acting
within his or her official capacity or under color of legal
authority.''.
(b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such date of
enactment.
SEC. 7. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
(a) In General.--Section 2335 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``four years'' and
inserting ``15 years''; and
(2) in subsection (b), by striking ``four years'' and
inserting ``15 years''.
(b) Effective Date.--The amendments made by this section shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
(c) Effect on Dismissed Causes of Action.--Any private civil action
under section 2333 of title 18, United States Code--
(1) that was dismissed as time barred prior to the date of
enactment of this Act, and
(2) that would have been timely filed pursuant to section
2335 of title 18, United States Code, as amended by this
section,
may be refiled not later than 90 days after the date of enactment of
this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or the amendments made by this Act or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, the amendments made by this Act, or the
application thereof to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation. | Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act.
Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who aids, abets, provides material support or resources to, or conspires with a person who commits an act of international terrorism that injures a U.S. national; (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism; and (3) extend from 4 to 15 years the limitation period for bringing an action for civil damages resulting from an act of international terrorism and allow previously time-barred cases that would have been timely filed under such extended limitation period to be refiled within 90 days of the enactment of this Act. | {"src": "billsum_train", "title": "To deter terrorism, provide justice for victims, and for other purposes."} | 2,545 | 268 | 0.504251 | 1.63746 | 0.7291 | 4.027907 | 10.609302 | 0.865116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreements Compliance Act of
1993''.
SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et
seq.) is amended by inserting after section 306 the following new
section:
``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
``(a) Definitions.--For purposes of this section--
``(1) The term `interested person' means any person that
has a significant economic interest that is being, or has been,
adversely affected by the failure of a foreign country to
comply materially with the terms of a trade agreement.
``(2) The term `trade agreement' means any bilateral trade
agreement to which the United States is a party.
``(b) Request for Review.--
``(1) An interested person may request the Trade
Representative to undertake a review under this section to
determine whether a foreign country is in material compliance
with the terms of a trade agreement.
``(2) A request for the review of a trade agreement under
this section may be made only during--
``(A) the 30-day period beginning on each
anniversary of the effective date of the trade
agreement; and
``(B) the 30-day period ending on the 90th day
before the termination date of the trade agreement, if
the first day of such 30-day period occurs not less
than 180 days after the last occurring 30-day period
referred to in subparagraph (A).
``(3) The Trade Representative shall commence a review
under this section if the request--
``(A) is in writing;
``(B) includes information reasonably available to
the petitioner regarding the failure of the foreign
country to comply with the trade agreement;
``(C) identifies the economic interest of the
petitioner that is being adversely affected by the
failure referred to in subparagraph (B); and
``(D) describes the extent of the adverse effect.
``(4) If 2 or more requests are filed during any period
described in paragraph (2) regarding the same trade agreement,
all of such requests shall be joined in a single review of the
trade agreement.
``(c) Review.--
``(1) If 1 or more requests regarding any trade agreement
are received during any period described in subsection (b)(2),
then within 90 days after the last day of such period the Trade
Representative shall determine whether the foreign country is
in material compliance with the terms of the trade agreement.
``(2) In making a determination under paragraph (1), the
Trade Representative shall take into account--
``(A) the extent to which the foreign country has
adhered to the commitments it made to the United
States;
``(B) the extent to which that degree of adherence
has achieved the objectives of the agreement; and
``(C) any act, policy, or practice of the foreign
country, or other relevant factor, that may have
contributed directly or indirectly to material
noncompliance with the terms of the agreement.
The acts, policies, or practices referred to in subparagraph
(C) may include structural policies, tariff or nontariff
barriers, or other actions which affect compliance with the
terms of the agreement.
``(3) In conducting any review under para- graph (1), the
Trade Representative may, if the Trade Representative
considers such action necessary or appropriate--
``(A) consult with the Secretary of Commerce and
the Secretary of Agriculture;
``(B) seek the advice of the United States
International Trade Commission; and
``(C) provide opportunity for the presentation of
views by the public.
``(d) Action After Affirmative Determination.--
``(1) If, on the basis of the review carried out under
subsection (c), the Trade Representative determines that a
foreign country is not in material compliance with the terms of
a trade agreement, the Trade Representative shall determine
what action to take under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (c) shall be treated as a determination made
under section 304.
``(3) In determining what action to take under section
301(a), the Trade Representative shall seek to minimize the
adverse impact on existing business relations or economic
interests of United States persons, including products for
which a significant volume of trade does not currently exist.
``(e) International Obligations.--Nothing in this section may be
construed as requiring actions that are inconsistent with the
international obligations of the United States, including the General
Agreement on Tariffs and Trade.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Congressional Notification.--Section 309(3)(A) of the Trade Act
of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section
302,'' and inserting ``sections 302 and 306A(c),''.
(b) Table of Contents.--The table of contents of the Trade Act of
1974 relating to chapter 1 of title III is amended by inserting after
the item relating to section 306 the following:
``Sec. 306A. Requests for review of foreign compliance.''. | Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize certain economically affected persons to request the U.S. Trade Representative (USTR) to review whether a foreign country is in material compliance with the terms of a bilateral trade agreement to which the United States is a party. Prescribes guidelines for such a review. Provides that nothing in this Act may be construed as requiring actions that are inconsistent with U.S. international obligations, including the General Agreement on Tariffs and Trade. | {"src": "billsum_train", "title": "Trade Agreements Compliance Act of 1993"} | 1,175 | 116 | 0.533753 | 1.366989 | 0.552404 | 4.344086 | 12.086022 | 0.88172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Veterans' Memorial
Act of 1998''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Native Americans across the Nation have a long, proud,
and distinguished tradition of service in the Armed Forces of
the United States.
(2) Native Americans have historically served in the Armed
Forces of the United States in numbers which far exceed their
representation in the population of the United States.
(3) Native American veterans count among themselves a
number of Medal of Honor recipients and those who have received
other decorations for valor and distinguished service.
(4) Native Americans have lost their lives in the service
of their Nation and in the cause of peace.
(5) The National Museum of the American Indian was
established as a living memorial to Native Americans. Its
mission is to advance knowledge and understanding of Native
American cultures, including art, history, language, and the
contributions that Native Americans have made to our society.
(6) The National Museum of the American Indian is an
extraordinary site and an ideal location to establish a Native
American Veterans' Memorial.
(7) A Native American Veterans' Memorial would further the
purposes of the National Museum of the American Indian by
giving all Americans the opportunity to learn of the proud and
courageous tradition of service of Native Americans in the
Armed Forces of the United States.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Native American'' means any individual who
is a member of an Indian tribe or who is a Native Hawaiian.
(2) The term ``Native Hawaiian'' means any individual who
is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
(3) The term ``Indian tribe'' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(4) The term ``Memorial'' means the Native American
Veterans' Memorial authorized by section 5.
(5) The term ``Museum'' means the National Museum of the
American Indian established by the National Museum of the
American Indian Act (20 U.S.C. 80q et seq.).
(6) The term ``Commission'' means the commission
established by section 5.
(7) The term ``Director'' means the Director of the Museum.
SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF MEMORIAL.
(a) Memorial.--The Director, in consultation with the Commission,
shall construct and maintain a Native American Veterans' Memorial in
accordance with a design selected by the Commission in accordance with
section 5(b)(1).
(b) Site.--The Memorial shall be located within the interior
structure or the exterior grounds of the Museum mall facility described
in section 7(a) of the National Museum of the American Indian Act (20
U.S.C. 80q-5(a)).
(d) Gifts, Bequests, and Devises.--The Museum may accept, use, and
dispose of gifts, bequests, or devises of services or property, both
real and personal, for the purpose of designing, construction, or
maintaining the Memorial. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon the order of the Director.
(e) Payment of Costs.--
(1) In general.--Except as provided in this section, no
Federal funds shall be used to pay any of the costs directly
related to design and construction of the Memorial other than
providing the site referred to in subsection (b).
(2) Payment required before commencement of construction.--
Funds may not be obligated and construction may not begin on
the Memorial until non-Federal sources have paid to the Museum
funds necessary to pay the costs which Director estimates will
be incurred to construct the Memorial.
SEC. 5. NATIVE AMERICAN VETERANS' MEMORIAL COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Native American Veterans' Memorial Commission''.
(b) Duties.--The Commission shall--
(1) conduct a competition for a design for the Memorial
that is consistent with--
(A) the purpose of the Museum, as set forth in
section 3(b) of the National Museum of the American
Indian Act (20 U.S.C. 80q-1); and
(B) any existing design plans for the Museum's
structure and its surroundings;
(2) not later than 1 year after the date of the enactment
of this Act, select a design for the Memorial from entries
submitted in the competition described in paragraph (1); and
(3) consult with the Director regarding selection of the
design for and placement and construction of the Memorial.
(c) Membership.--
(1) In general.--The Commission shall consist of 12 members
as follows:
(A) The President Pro Tempore of the Senate shall
appoint 5 individuals who are Indians.
(B) The Speaker of the House of Representatives
shall appoint 5 individuals who are Indians.
(C) The Director or a designee of the Director.
(D) The individuals who are initial members of the
Commission pursuant to subparagraphs (A) through (C)
shall appoint 1 individual who has expertise in the
establishment of national memorials.
(2) Chairperson.--The Director shall select the Chairperson
of the Commission from among the other members of the
Commission.
(d) Deadline for Initial Appointments.--The initial appointment of
individuals appointed pursuant to subparagraphs (A) through (C) of
paragraph (1) shall be made not later than 30 days after the date of
the enactment of this Act. The initial appointment of the individual
appointed pursuant to subparagraph (D) of paragraph (1) shall be made
at the initial meeting of the Commission.
(e) Terms; Vacancy.--Each member shall serve for the life of the
Commission. Any vacancy shall be filled in the manner of the original
appointment.
(f) Quorum.--A majority of the members of the Commission then in
office shall constitute a quorum.
(g) Pay.--The members of the Commission shall not be paid for their
service as members of the Commission.
(h) Expenses.--Each member of the Commission shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(i) Experts and Consultants.--With the approval of the Commission,
the Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(j) Staff of Federal Agencies.--Upon 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 its duties under this Act.
(k) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(l) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon the order of the Commission.
(m) Termination.--The Commission shall terminate 30 days after the
completion of the construction of the Memorial.
(n) Costs of Commission.--Except as provided in this section, no
Federal funds shall be used to pay any expense of the Commission. | Native American Veterans' Memorial Act of 1998 - Requires the Director of the National Museum of the American Indian to construct and maintain a Native American Veterans' Memorial within the interior structure or the exterior grounds of the Museum mall facility. Prohibits: (1) the use of Federal funds to pay any of the costs directly related to design and construction of the Memorial other than providing the Memorial site; or (2) the obligation of funds or the beginning of construction on the Memorial until non-Federal sources have paid to the Museum funds necessary to pay the estimated construction costs.
Establishes the Native American Veterans' Memorial Commission to: (1) conduct a competition for and select a design for the Memorial; and (2) consult with the Director regarding selection of the design for, and placement and construction of, the Memorial. Prohibits the use of Federal funds to pay any Commission expense, except with respect to specified administrative support services.
Permits the Museum and the Commission to accept, use, and dispose of gifts, bequests, and devises of services or both real and personal property which shall be deposited in the Treasury. | {"src": "billsum_train", "title": "Native American Veterans' Memorial Act of 1998"} | 1,798 | 235 | 0.536336 | 1.563811 | 0.598347 | 4.675676 | 7.351351 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Center Network Act''.
SEC. 2. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE
NUMBER.
Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71)
is amended by striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $700,000 for each of fiscal
years 2015 through 2019 for the maintenance of the nationwide toll free
phone number under subsection (a).''.
SEC. 3. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON
CONTROL CENTER UTILIZATION.
Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72)
is amended by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $800,000 for each of fiscal
years 2015 through 2019.''.
SEC. 4. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM.
(a) In General.--Section 1273 of the Public Health Service Act (42
U.S.C. 300d-73) is amended--
(1) in subsection (a)--
(A) by striking ``certified'' and inserting
``accredited''; and
(B) by striking ``certification'' and inserting
``accreditation'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``establish'' and
inserting ``research, establish, implement'';
(B) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8);
(C) by inserting after paragraph (3), the
following:
``(4) to research, improve, and enhance the communications
and response capability and capacity of the nation's network of
poison control centers to facilitate increased access to the
Centers through the integration and modernization of the
current poison control centers communications and data system,
including enhancing the network's telephony, Internet, data and
social networking technologies;'';
(D) in paragraph (6) (as so redesignated), by
striking ``paragraph (4)'' and inserting ``paragraph
(5)''; and
(E) in paragraph (8) (as so redesignated), by
striking ``and respond'' and inserting ``and Internet
communications, and to sustain and enhance the poison
control center's network capability to respond'';
(3) in subsection (c)--
(A) in the subsection heading, by striking
``Certification'' and inserting ``Accreditation'';
(B) by striking ``certified'' each place that such
term appears and inserting ``accredited''; and
(C) by striking ``certification'' each place that
such term appears and inserting ``accreditation'';
(4) in subsection (d)--
(A) in the subsection heading, by striking
``Certification'' and inserting ``Accreditation'';
(B) in paragraph (1)--
(i) by striking ``the certification'' and
inserting ``the accreditation'';
(ii) by striking ``a noncertified'' and
inserting ``a nonaccredited''; and
(iii) by striking ``a certification'' and
inserting ``an accreditation''; and
(C) in paragraph (3)--
(i) by striking the last sentence; and
(ii) by striking ``exceed 5 years.'' and
inserting the following ``exceed--
``(A) 5 years; or
``(B) in the case of a non-accredited poison
control center operating pursuant to a waiver under
this subsection as of October 1, 2014, 6 years.'';
(5) in subsection (f), by striking ``for activities of the
center'' and inserting ``for its activities''; and
(6) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $28,600,000 for each of fiscal
years 2015 through 2019. The Secretary may utilize an amount not to
exceed 6 percent of the amount appropriated under this preceding
sentence in each fiscal year for coordination, dissemination, technical
assistance, program evaluation, data activities, and other program
administration functions, which are determined by the Secretary to be
appropriate for carrying out the program under this section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
grants made on or after October 1, 2014. | . Poison Center Network Act - Amends the Public Health Service Act to reauthorize through FY2019: (1) a poison control nationwide-toll free phone number; and (2) a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities and to conduct advertising campaigns about the nationwide toll-free number. Revises and reauthorizes through FY2019 a grant program for accredited (currently, certified) poison control centers. Allows grant funds to be used to research, improve, and enhance the communications and response capability and capacity of the poison control centers to facilitate increased access to such centers through the integration and modernization of communications and data systems. | {"src": "billsum_train", "title": "Poison Center Network Act"} | 1,131 | 157 | 0.642546 | 1.695574 | 0.695006 | 3.066176 | 7.154412 | 0.816176 |
SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) Title 32 (National Guard) Amendments.--
(1) Definitions.--Section 101 of title 32, United States
Code, is amended--
(A) in paragraph (4), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,'';
(B) in paragraph (6), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''; and
(C) in paragraph (19), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(2) Branches and organizations.--Section 103 of such title
is amended by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(3) Units: location; organization; command.--Section 104 of
such title is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,'';
(B) in subsection (c), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(C) in subsection (d), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(4) Availability of appropriations.--Section 107(b) of such
title is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(5) Maintenance of other troops.--Section 109 of such title
is amended by striking ``Puerto Rico,'' each place it appears
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(6) Drug interdiction and counter-drug activities.--Section
112(h)(3) of such title is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(7) Enlistment oath.--Section 304 of such title is amended
by striking ``or of Puerto Rico'' and inserting ``the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(8) Adjutants general.--Section 314 of such title is
amended by striking ``Puerto Rico,'' both places it appears and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(9) Detail of regular members.--Section 315 of such title
is amended by striking ``Puerto Rico,'' each place it appears
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(10) Termination of appointment.--Section 324(b) of such
title is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(11) Relief from national guard duty when ordered to active
duty.--Section 325 of such title is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,'';
(B) in subsection (b), by striking ``Puerto Rico''
and inserting ``Puerto Rico or the Commonwealth of the
Northern Mariana Islands''.
(12) Composition of courts-martial.--Section 326 of such
title is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(13) Convening authority of courts-martial.--Section 327(a)
of such title is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(14) Governor's authority.--Section 328(a) of such title is
amended by striking ``or the Commonwealth of Puerto Rico,'' and
inserting ``, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(15) Training generally.--Section 501(b) of such title is
amended by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(16) Support of training operations and training
missions.--Section 502(f)(2)(B)(i) of such title is amended by
striking ``or the Commonwealth of Puerto Rico'' and inserting
``, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(17) Participation in field exercises.--Section 503(b) of
such title is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(18) National guard schools and small arms competitions.--
Section 504(b) of such title is amended by striking ``Puerto
Rico'' and inserting ``, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(19) Attendance at army and air force schools.--Section 505
of such title is amended in the first sentence by striking
``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(20) National guard youth challenge program.--Section
509(l)(1) of such title is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(21) Issue of supplies.--Section 702 of such title is
amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsections (b), (c), and (d), by striking
``Puerto Rico'' each place it appears and inserting
``the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands,''.
(22) Purchases of supplies from army or air force.--Section
703 of such title is amended by striking ``Puerto Rico,'' both
places it appears and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(23) Accountability.--Section 704 of such title is amended
by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(24) Property and fiscal officers.--Section 708 of such
title is amended by striking ``Puerto Rico,'' both places it
appears and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(25) Employment, use, and status of technicians.--Section
709(a)(3)(C) of such title is amended by striking ``or the
Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(26) Accountability for property issued to the national
guard.--Section 710 of such title is amended by striking
``Puerto Rico,'' each place it appears and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(27) Disposition of obsolete or condemned property.--
Section 711 of such title is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(28) Disposition of proceeds of condemned stores issued to
national guard.--Section 712(1) of such title is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(29) Settlements for property loss, personal injury, or
death.--Section 715(c) of such title is amended by striking
``or Puerto Rico'' and inserting ``, the Commonwealth of Puerto
Rico, or the Commonwealth of the Northern Mariana Islands''.
(30) Homeland defense activities.--Section 901(2) of such
title is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(b) Title 10 Amendments.--
(1) Definitions.--Section 101 of title 10, United States
Code, is amended--
(A) in subsection (c)--
(i) paragraph (2), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(ii) in paragraph (4), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(B) in subsection (d)(5), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(2) Militia duty exemptions.--Section 312(a)(2) of such
title is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(3) Articles of uniform.--Section 771(c) of such title is
amended by striking ``Puerto Rico,'' and inserting ``the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(4) Detail of army national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 4301(c) of such title is
amended by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(5) Detail of air national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 9301(c) of such title is
amended by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(6) Definition of state for division e.--Section 10001 of
such title is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(7) Training of military technicians (dual status).--
Section 10216(a)(3)(C) of such title is amended by striking
``or the Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(8) Commissioned officers original appointment.--Section
12204(b) of such title is amended by striking ``Puerto Rico,''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(9) Detail for organizing, administering, etc., reserve
components.--Section 12310 of such title is amended--
(A) in subsection (b)(4), by striking ``or the
Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsection (c)(7), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(10) Standards and qualifications for commissioned
officers.--Section 12642(c) of such title is amended by
striking ``Puerto Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(11) Facilities for reserve components.--Section 18232(1)
of such title is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(c) Title 37 Definitions.--Section 101 of title 10, United States
Code, is amended--
(1) paragraph (7), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''; and
(2) in paragraph (9), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''. | Authorizes the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands.
Requires that there be an adjutant general in such Commonwealth.
Directs the Secretary of the Army and Secretary of the Air Force, respectively, to detail commissioned officers and enlisted members of the Regular Army and Regular Air Force to such Commonwealth. | {"src": "billsum_train", "title": "To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands."} | 3,013 | 76 | 0.612707 | 1.31078 | 0.114576 | 2.753846 | 38.338462 | 0.753846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children from Identity
Theft Act''.
SEC. 2. REDUCING IDENTITY FRAUD.
(a) Purpose.--The purpose of this section is to reduce the
prevalence of synthetic identity fraud, which disproportionally affects
vulnerable populations, such as minors and recent immigrants, by
facilitating the validation by permitted entities of fraud protection
data, pursuant to electronically received consumer consent, through use
of a database maintained by the Commissioner.
(b) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Social Security Administration.
(2) Financial institution.--The term ``financial
institution'' has the meaning given the term in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(3) Fraud protection data.--The term ``fraud protection
data'' means a combination of the following information with
respect to an individual:
(A) The name of the individual (including the first
name and any family forename or surname of the
individual).
(B) The Social Security account number of the
individual.
(C) The date of birth (including the month, day,
and year) of the individual.
(4) Permitted entity.--The term ``permitted entity'' means
a financial institution or a service provider, subsidiary,
affiliate, agent, contractor, or assignee of a financial
institution.
(c) Efficiency.--
(1) Reliance on existing methods.--The Commissioner shall
evaluate the feasibility of making modifications to any
database that is in existence as of the date of enactment of
this Act or a similar resource such that the database or
resource--
(A) is reasonably designed to effectuate the
purpose of this section; and
(B) meets the requirements of subsection (d).
(2) Execution.--The Commissioner shall establish a system
to carry out subsection (a), in accordance with section 1106 of
the Social Security Act. In doing so, the Commissioner shall
make the modifications necessary to any database that is in
existence as of the date of enactment of this Act or similar
resource, or develop a database or similar resource.
(d) Protection of Vulnerable Consumers.--The database or similar
resource described in subsection (c) shall--
(1) compare fraud protection data provided in an inquiry by
a permitted entity against such information maintained by the
Commissioner in order to confirm (or not confirm) the validity
of the information provided, and in such a manner as to deter
fraudulent use of the database or similar resource;
(2) be scalable and accommodate reasonably anticipated
volumes of verification requests from permitted entities with
commercially reasonable uptime and availability; and
(3) allow permitted entities to submit--
(A) one or more individual requests electronically
for real-time machine-to-machine (or similar
functionality) accurate responses; and
(B) multiple requests electronically, such as those
provided in a batch format, for accurate electronic
responses within a reasonable period of time from
submission, not to exceed 24 hours.
(e) Certification Required.--Before providing confirmation of fraud
protection data to a permitted entity, the Commissioner shall ensure
that the Commissioner has a certification from the permitted entity
that is dated not more than 2 years before the date on which that
confirmation is provided that includes the following declarations:
(1) The entity is a permitted entity.
(2) The entity is in compliance with this section.
(3) The entity is, and will remain, in compliance with its
privacy and data security requirements, as described in title V
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) and as
required by the Commissioner, with respect to information the
entity receives from the Commissioner pursuant to this section.
(4) The entity will retain sufficient records to
demonstrate its compliance with its certification and this
section for a period of not less than 2 years.
(f) Consumer Consent.--
(1) In general.--Notwithstanding any other provision of law
or regulation, a permitted entity may submit a request to the
database or similar resource described in subsection (c) only--
(A) pursuant to the written, including electronic,
consent received by a permitted entity from the
individual who is the subject of the request; and
(B) in connection with any circumstance described
in section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b).
(2) Electronic consent requirements.--For a permitted
entity to use the consent of an individual received
electronically pursuant to paragraph (1)(A), the permitted
entity must obtain the individual's electronic signature, as
defined in section 106 of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7006). Permitted entities
must develop and use an electronic signature process in
accordance with all Federal laws and requirements as designated
by the Commissioner.
(3) Effectuating electronic consent.--No provision of law
or requirement, including section 552a of title 5, United
States Code, shall prevent the use of electronic consent for
purposes of this subsection or for use in any other consent
based verification under the discretion of the Commissioner.
(g) Compliance and Enforcement.--
(1) Audits and monitoring.--
(A) In general.--The Commissioner--
(i) shall conduct audits and monitoring
to--
(I) ensure proper use by permitted
entities of the database or similar
resource described in subsection (c);
and
(II) deter fraud and misuse by
permitted entities with respect to the
database or similar resource described
in subsection (c); and
(ii) may terminate services for any
permitted entity that prevents or refuses to
allow the Commissioner to carry out the
activities described in clause (i) and may
terminate or suspend services for any permitted
entity as necessary to enforce any violation of
this section or of any certification made under
this section.
(2) Enforcement.--
(A) In general.--Notwithstanding any other
provision of law, including the matter preceding
paragraph (1) of section 505(a) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6805(a)), any violation of this
section and any certification made under this section
shall be enforced in accordance with paragraphs (1)
through (7) of such section 505(a) by the agencies
described in those paragraphs.
(B) Relevant information.--Upon discovery by the
Commissioner of any violation of this section or any
certification made under this section, the Commissioner
shall forward any relevant information pertaining to
that violation to the appropriate agency described in
subparagraph (A) for evaluation by the agency for
purposes of enforcing this section.
(h) Recovery of Costs.--
(1) In general.--
(A) In general.--Amounts obligated to carry out
this section shall be fully recovered from the users of
the database or verification system by way of advances,
reimbursements, user fees, or other recoveries as
determined by the Commissioner. The funds recovered
under this paragraph shall be deposited as an
offsetting collection to the account providing
appropriations for the Social Security Administration,
to be used for the administration of this section
without fiscal year limitation.
(B) Prices fixed by commissioner.--The Commissioner
shall establish the amount to be paid by the users
under this paragraph, including the costs of any
services or work performed, such as any appropriate
upgrades, maintenance, and associated direct and
indirect administrative costs, in support of carrying
out the purposes described in this section, by
reimbursement or in advance as determined by the
Commissioner. The amount of such prices shall be
periodically adjusted by the Commissioner to ensure
that amounts collected are sufficient to fully offset
the cost of the administration of this section.
(2) Initial development.--The Commissioner shall not begin
development of a verification system to carry out this section
until the Commissioner determines that amounts equal to at
least 50 percent of program start-up costs have been collected
under paragraph (1).
(3) Existing resources.--The Commissioner of Social
Security may use funds designated for information technology
modernization to carry out this section, but in all cases shall
be fully reimbursed under paragraph (1)(A).
(4) Annual report.--The Commissioner of Social Security
shall annually submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a report on the amount of indirect costs to the Social
Security Administration arising as a result of the
implementation of this section.
Passed the House of Representatives April 17, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Protecting Children from Identity Theft Act (Sec. 2) This bill requires the Social Security Administration (SSA) to develop a database to facilitate the verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs as determined by the SSA. | {"src": "billsum_train", "title": "Protecting Children from Identity Theft Act"} | 1,863 | 83 | 0.500089 | 1.246737 | 0.541047 | 1.716216 | 23.864865 | 0.851351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Application Privacy, Protection, and
Security Act of 2013'' or the ``APPS Act of 2013''.
SEC. 2. TRANSPARENCY, USER CONTROL, AND SECURITY.
(a) Consent to Terms and Conditions.--
(1) In general.--Before a mobile application collects
personal data about a user of the application, the developer of
the application shall--
(A) provide the user with notice of the terms and
conditions governing the collection, use, storage, and
sharing of the personal data; and
(B) obtain the consent of the user to such terms
and conditions.
(2) Required content.--The notice required by paragraph
(1)(A) shall include the following:
(A) The categories of personal data that will be
collected.
(B) The categories of purposes for which the
personal data will be used.
(C) The categories of third parties with which the
personal data will be shared.
(D) A data retention policy that governs the length
for which the personal data will be stored and the
terms and conditions applicable to storage, including a
description of the rights of the user under subsection
(b) and the process by which the user may exercise such
rights.
(3) Additional specifications and flexibility.--The
Commission shall by regulation specify the format, manner, and
timing of the notice required by paragraph (1)(A). In
promulgating the regulations, the Commission shall consider how
to ensure the most effective and efficient communication to the
user regarding the treatment of personal data.
(4) Direct access to data by third parties.--For purposes
of this Act, if the developer of a mobile application allows a
third party to access personal data collected by the
application, such personal data shall be considered to be
shared with the third party, whether or not such personal data
are first transmitted to the developer.
(b) Withdrawal of Consent.--The developer of a mobile application
shall--
(1) provide a user of the application with a means of--
(A) notifying the developer that the user intends
to stop using the application; and
(B) requesting the developer--
(i) to refrain from any further collection
of personal data through the application; and
(ii) at the option of the user, either--
(I) to the extent practicable, to
delete any personal data collected by
the application that is stored by the
developer; or
(II) to refrain from any further
use or sharing of such data; and
(2) within a reasonable and appropriate time after
receiving a request under paragraph (1)(B), comply with such
request.
(c) Security of Personal Data and De-Identified Data.--The
developer of a mobile application shall take reasonable and appropriate
measures to prevent unauthorized access to personal data and de-
identified data collected by the application.
(d) Exception.--Nothing in this Act prohibits the developer of a
mobile application from disclosing or preserving personal data or de-
identified data as required by--
(1) other Federal law (including a court order); or
(2) except as provided in section 6, the law of a State or
a political subdivision of a State (including a court order).
SEC. 3. APPLICATION AND ENFORCEMENT.
(a) General Application.--The requirements of this Act and the
regulations promulgated under this Act apply, according to their terms,
to those persons, partnerships, and corporations over which the
Commission has authority pursuant to section 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(2)).
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce
this Act and the regulations promulgated under 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
person who violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(c) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of this Act or a regulation promulgated
under this Act, the State, as parens patriae, may bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this Act or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this Act or a regulation promulgated under
this Act (referred to in this subparagraph as the
``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of this Act or such
regulation alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 4. REGULATIONS.
Not later than 1 year after the date of the enactment of this Act,
the Commission shall promulgate regulations in accordance with section
553 of title 5, United States Code, to implement and enforce this Act.
SEC. 5. SAFE HARBOR.
(a) In General.--The developer of a mobile application may satisfy
the requirements of this Act and the regulations promulgated under this
Act by adopting and following a code of conduct for consumer data
privacy (insofar as such code relates to data collected by a mobile
application) that--
(1) was developed in a multistakeholder process convened by
the National Telecommunications and Information Administration,
as described in the document issued by the President on
February 23, 2012, entitled ``Consumer Data Privacy in a
Networked World: A Framework for Protecting Privacy and
Promoting Innovation in the Global Digital Economy''; and
(2) the Commission has approved as meeting the requirements
of the regulations promulgated under section 4.
(b) Regulations.--The Commission shall promulgate regulations in
accordance with section 553 of title 5, United States Code, to govern
the consideration and approval of codes of conduct under subsection
(a)(2).
SEC. 6. RELATIONSHIP TO STATE LAW.
This Act and the regulations promulgated under this Act supercede a
provision of law of a State or a political subdivision of a State only
to the extent that such provision--
(1) conflicts with this Act or such regulations, as
determined without regard to section 2(d)(2);
(2) specifically relates to the treatment of personal data
or de-identified data; and
(3) provides a level of transparency, user control, or
security in the treatment of personal data or de-identified
data that is less than the level provided by this Act and such
regulations.
SEC. 7. PRESERVATION OF FTC AUTHORITY.
Nothing in this Act may be construed in any way to limit or affect
the authority of the Commission under any other provision of law.
SEC. 8. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) De-identified data.--The term ``de-identified data''
means data that cannot reasonably be used to identify or infer
information about, or otherwise be linked to, a particular
individual or mobile device, as determined with a reasonable
level of justified confidence based on the available methods
and technologies, the nature of the data at issue, and the
purposes for which the data will be used.
(3) Developer.--The term ``developer'' shall have the
meaning given such term by the Commission by regulation.
(4) Mobile application.--The term ``mobile application''
means a software program that--
(A) runs on the operating system of a mobile
device; and
(B) collects data from a user.
(5) Mobile device.--The term ``mobile device'' means a
smartphone, tablet computer, or similar portable computing
device that transmits data over a wireless connection.
(6) Personal data.--The term ``personal data'' shall have
the meaning given such term by the Commission by regulation,
except that such term shall not include de-identified data.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(8) Third party.--The term ``third party'' means, with
respect to the developer of an application, an entity that
holds itself out to the public as separate from the developer
such that a user of the application acting reasonably under the
circumstances would not expect the entity to be related to the
developer or to have access to personal data the user provides
to the developer. Such term includes an affiliate of the
developer unless the affiliation is reasonably clear to users
of the application.
SEC. 9. EFFECTIVE DATE.
This Act shall apply with respect to any collection, use, storage,
or sharing of personal data or de-identified data that occurs after the
date that is 30 days after the promulgation of final regulations under
section 4. | Application Privacy, Protection, and Security Act of 2013 or the APPS Act of 2013 - Directs mobile device application developers, before the application collects personal data about the user, to notify the user and obtain the user's consent regarding the terms and conditions governing the collection, use, storage, and sharing of such personal data. Excludes from such notice and consent requirements any "de-identified data" that cannot reasonably be used to identify or infer information about, or otherwise be linked to, a particular individual or mobile device, as determined with a reasonable level of justified confidence based on the available methods and technologies, the nature of the data at issue, and the purposes for which the data will be used. Requires developers to: (1) provide users with a method to withdraw such consent and to request that the developer delete personal data or refrain from further data collection or sharing, and (2) take measures to prevent unauthorized access to personal and de-identified data. Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Directs the Federal Trade Commission (FTC) to promulgate regulations to implement and enforce this Act. Authorizes states to bring civil actions in federal court on behalf of affected state residents. Declares that nothing in this Act prohibits a developer from disclosing or preserving personal data or de-identified data as required by other federal laws or, except when superceded by this Act, the laws of a state or political subdivision, including court orders. Permits a developer to satisfy the requirements of this Act by adopting and following a code of conduct for consumer data privacy that: (1) was developed in a multistakeholder process convened by the National Telecommunications and Information Administration (NTIA), as described in the document issued by the President on February 23, 2012, entitled Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy; and (2) is approved pursuant to FTC regulations. | {"src": "billsum_train", "title": "APPS Act of 2013"} | 2,540 | 441 | 0.605826 | 2.00664 | 0.805109 | 5.069588 | 6.07732 | 0.940722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Integration Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court's 1999 decision in Olmstead v. L.C.,
527 U.S. 581 (1999), held that the unnecessary segregation of
individuals with disabilities is a violation of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(2) Under Olmstead, individuals generally have the right to
receive their supports and services in home and community-based
settings, rather than in institutional settings, if they so
choose.
(3) Olmstead envisioned that States would provide
appropriate long-term services and supports to individuals with
disabilities through home and community-based services and end
forced segregation in nursing homes and other institutions.
(4) While there has been progress in rebalancing State
spending on individuals with disabilities in institutions as
compared to home and community-based settings, more than 75
percent of States continue to spend the majority of their long-
term care dollars on nursing homes and other institutional
settings, and the number of individuals with disabilities under
age 65 in nursing homes increased between 2008 and 2012.
(5) As of June 2013, there were more than 200,000
individuals younger than age 65 in nursing homes--almost 16
percent of the total nursing home population.
(6) Thirty-eight studies published from 2005 to 2012
concluded that providing services in home and community-based
settings is less costly than providing care in a nursing home
or other institutional setting.
(7) No clear or centralized reporting system exists to
compare how effectively States are meeting the Olmstead
mandate.
SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE CARE IN A
HOME AND COMMUNITY-BASED SETTING.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (80), by striking ``and'' at the end;
(2) in paragraph (81), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (81) the following new
paragraph:
``(82) in the case of any individual with respect to whom
there has been a determination that the individual requires the
level of care provided in a nursing facility, intermediate care
facility for the mentally retarded, institution for mental
disease, or other similarly restrictive or institutional
setting--
``(A) provide the individual with the choice and
opportunity to receive such care in a home and
community-based setting, including rehabilitative
services, assistance and support in accomplishing
activities of daily living, instrumental activities of
daily living, and health-related tasks, and assistance
in acquiring, maintaining, or enhancing skills
necessary to accomplish such activities, tasks, or
services;
``(B) ensure that each such individual has an equal
opportunity (when compared to the receipt and
availability of nursing facility services) to receive
care in a home and community-based setting, if the
individual so chooses, by ensuring that the provision
of such care in a home and community-based setting is
widely available on a statewide basis for all such
individuals within the State; and
``(C) meet the requirements of section 1904A
(relating to the provision of care in a home and
community-based setting).''.
(b) Requirements for Community Care Options.--Title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting
after section 1904 the following new section:
``provisions related to home and community-based care
``Sec. 1904A. (a) Definitions.--For purposes of this section,
section 1902(a)(82), and section 1905(a)(4)(A):
``(1) Activities of daily living.--The term `activities of
daily living' includes, but is not limited to, tasks such as
eating, toileting, grooming, dressing, bathing, and
transferring.
``(2) Health-related tasks.--The term `health-related
tasks' means specific tasks related to the needs of an
individual, including, but not limited to, bowel or bladder
care, wound care, use and care of ventilators and feeding
tubes, and the administration of medications and injections,
which, in the opinion of the individual's physician, can be
delegated to be performed by an attendant.
``(3) Home and community-based setting.--The term `home and
community-based setting' means, with respect to an individual
who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, a setting that--
``(A) includes a house, apartment, townhouse,
condominium, or similar public or private housing where
the individual resides that--
``(i) is owned or leased by the individual
or a member of the individual's family;
``(ii) ensures the individual's privacy,
dignity, respect, and freedom from coercion;
and
``(iii) maximizes the individual's autonomy
and independence;
``(B) is integrated in, and provides access to, the
general community in which the setting is located so
that the individual has access to the community and
opportunities to seek employment and work in
competitive integrated settings, participate in
community life, control and utilize personal resources,
benefit from community services, and participate in the
community in an overall manner that is comparable to
that available to individuals who are not individuals
with disabilities; and
``(C) has the services and supports that the
individual needs in order to live as independently as
possible.
``(4) Instrumental activities of daily living.--The term
`instrumental activities of daily living' means activities
related to living independently in the community and includes,
but is not limited to, meal planning and preparation, managing
finances, shopping for food, clothing, and other items,
performing household chores, communicating by phone or other
media, and traveling around and participating in the community.
``(5) Public entity.--The term `public entity' means a
public entity as defined in subparagraphs (A) and (B) of
section 201(1) of the Americans with Disabilities Act of 1990.
``(b) Requirements for Providing Services in Home and Community-
Based Settings.--With respect to the availability and provision of
services under the State plan under this title, or under any waiver of
State plan requirements (subject to section 3(d) of the Community
Integration Act of 2014), in a home and community-based setting to any
individual who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded, institution for
mental disease, or other similarly restrictive or institutional
setting, any public entity that receives payment under the State plan
or waiver for providing services to such an individual shall not--
``(1) impose or utilize policies, practices, or procedures,
such as unnecessary requirements or arbitrary service or cost
caps, that limit the availability of services in home and
community-based settings to an individual with a disability
(including individuals with the most significant disabilities)
who need such services;
``(2) impose or utilize policies, practices, or procedures
that limit the availability of services in a home and
community-based setting (including assistance and support in
accomplishing activities of daily living, instrumental
activities of daily living, health-related tasks, and
rehabilitative services) based on the specific disability of an
otherwise eligible individual;
``(3) impose or utilize policies, practices, or procedures
that arbitrarily restrict an individual with a disability from
full and meaningful participation in community life;
``(4) impose or utilize policies, practices, or procedures
that unnecessarily delay or restrict the provision of services
in a home and community-based setting to any individual who
requires such services;
``(5) fail to establish and utilize adequate payment
structures to maintain a sufficient workforce to provide
services in home and community-based settings to any individual
who requires such services;
``(6) fail to provide information, on an ongoing basis, to
help any individual who receives care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, understand the individual's right to
choose to receive such care in a home and community-based
setting; or
``(7) fail to provide information to help any individual
that requires the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, prior to the individual's placement
in such a facility or institution, understand the individual's
right to choose to receive such care in a home and community-
based setting.
``(c) Plan To Increase Affordable and Accessible Housing.--Not
later than 180 days after the enactment of this section, each State
shall develop a statewide plan to increase the availability of
affordable and accessible private and public housing stock for
individuals with disabilities (including accessible housing for
individuals with physical disabilities and those using mobility
devices).
``(d) Availability of Remedies and Procedures.--
``(1) In general.--The remedies and procedures set forth in
sections 203 and 505 of the Americans with Disabilities Act of
1990 shall be available to any person aggrieved by the failure
of--
``(A) a State to comply with this section or
section 1902(a)(82); or
``(B) a public entity (including a State) to comply
with the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that
otherwise is available to an aggrieved person under this title.
``(e) Enforcement by the Secretary.--
``(1) In general.--The Secretary may reduce the Federal
matching assistance percentage applicable to the State (as
determined under section 1905(b)) if the Secretary determines
that the State has violated the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that is
otherwise available to the Secretary.
``(f) Reporting Requirements.--With respect to fiscal year 2016,
and for each fiscal year thereafter, each State shall submit to the
Administrator of the Administration for Community Living of the
Department of Health and Human Services, not later than April 1 of the
succeeding fiscal year, a report, in such form and manner as the
Secretary shall require, that includes--
``(1) the total number of individuals enrolled in the State
plan or under a waiver of the plan during such fiscal year that
required the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting;
``(2) with respect to the total number described in
paragraph (1), the total number of individuals described in
that paragraph who received care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting; and
``(3) with respect to the total number described in
paragraph (2), the total number of individuals described in
that paragraph who were transitioned from a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting to a home and community-based setting,
disaggregated by the type of home and community-based
setting.''.
(c) Inclusion as a Mandatory Service.--Section 1905(a)(4)(A) of the
Social Security Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking
``other than'' and inserting ``including similar services such as
rehabilitative services and assistance and support in accomplishing
activities of daily living, instrumental activities of daily living,
and health-related tasks, that are provided, at the individual's
option, in a home and community-based setting (as defined in section
1904A(a)(3)), but not including''.
(d) Application to Waivers.--Notwithstanding section 1904A of the
Social Security Act (as added by subsection (b)), such section, and
sections 1902(a)(82), and 1905(a)(4)(A) of the Social Security Act (42
U.S.C. 1396 et seq.), as amended by subsections (a) and (c),
respectively, shall not apply to any individuals who are eligible for
medical assistance for home and community-based services under a waiver
under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315,
1396n) and who are receiving such services, to the extent such sections
(as so added or amended) are inconsistent with any such waiver.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1,
2014.
(2) Delay permitted if state legislation required.--In the
case of a State plan under section 1902 of the Social Security
Act (42 U.S.C. 1396a) which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such section 1902 solely on
the basis of the failure of the plan to meet such additional
requirements before the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature. | Community Integration Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to give an individual with disabilities needing the level of care provided in an institutional setting the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services. Prescribes requirements for providing in home and community-based settings those services such an individual would otherwise receive in an institutional setting, such as a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting. | {"src": "billsum_train", "title": "Community Integration Act of 2014"} | 3,150 | 174 | 0.483279 | 1.360599 | 0.659012 | 5.973856 | 19.267974 | 0.96732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greenhouse Gas Registry Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Carbon dioxide equivalent.--The term ``carbon dioxide
equivalent'' means, for each greenhouse gas, the quantity of
the greenhouse gas that the Administrator determines, pursuant
to section 4, makes the same contribution to global warming as
1 metric ton of carbon dioxide.
(3) Climate registry.--The term ``Climate Registry'' means
the greenhouse gas emission registry jointly established and
managed by more than 40 States and Indian tribes to collect
greenhouse gas emission data from entities to support various
greenhouse gas emission reporting and reduction policies for
the member States and Indian tribes.
(4) Covered entity.--The term ``covered entity'' means, for
each calendar year--
(A) a facility within the electric power sector
that contains a fossil fuel-fired electricity
generating unit or units that together emit more than
10,000 carbon dioxide equivalents of greenhouse gas in
that year;
(B) an industrial facility that emits more than
10,000 carbon dioxide equivalents of greenhouse gas in
that year;
(C) a facility that produces, or an entity that
imports or exports, in that year refined or semirefined
petroleum-based, or coal-based, liquid fuel;
(D) a local distribution company that in that year
delivers natural gas;
(E) to the extent that the Administrator considers
necessary to achieve the purposes described in section
3, an entity selling or distributing electric energy or
an independent system operator;
(F) a facility that produces for sale or
distribution, or an entity that imports, in that year
more than 10,000 carbon dioxide equivalents of
hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride, any other anthropogenic gas designated by
the Administrator as a greenhouse gas under section 5,
or any combination thereof;
(G) a site at which carbon dioxide is geologically
sequestered on a commercial scale; and
(H) any other entity that the Administrator
determines is appropriate in order to carry out the
purposes set forth in section 3.
(5) Facility.--The term ``facility'' means one or more
buildings, structures, or installations of an entity on one or
more contiguous or adjacent properties located in the United
States.
(6) Geologically sequestered.--The term ``geologically
sequestered'' means the isolation of greenhouse gases, without
reversal, in geological formations, as determined by the
Administrator.
(7) Greenhouse gas.--The term ``greenhouse gas'' means any
of--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) sulfur hexafluoride;
(E) a hydrofluorocarbon;
(F) a perfluorocarbon; or
(G) any other anthropogenic gas designated by the
Administrator as a greenhouse gas under section 5.
(8) Greenhouse gas emission.--The term ``greenhouse gas
emission'' means an emission of a greenhouse gas, including--
(A) stationary combustion source emissions emitted
as a result of combustion of fuels in stationary
equipment, such as boilers, furnaces, burners,
turbines, heaters, incinerators, engines, flares, and
other similar sources;
(B) process emissions consisting of emissions from
chemical or physical processes other than combustion;
(C) fugitive emissions consisting of intentional
and unintentional emissions from equipment leaks, such
as joints, seals, packing, and gaskets, or from piles,
pits, cooling towers, and other similar sources; and
(D) biogenic emissions resulting from biological
processes, such as anaerobic decomposition,
nitrification, and denitrification.
(9) Industrial facility.--The term ``industrial facility''
means--
(A) any facility in the manufacturing sector (as
defined in North American Industrial Classification
System codes 31, 32, and 33);
(B) any natural gas processing plant; and
(C) any other facility that produces petroleum-
based or coal-based liquid fuel.
(10) Local distribution company.--The term ``local
distribution company'' has the meaning given that term in
section 2(17) of the Natural Gas Policy Act of 1978 (15 U.S.C.
3301(17)).
(11) Reversal.--The term ``reversal'' means an intentional
or unintentional release to the atmosphere of a significant
quantity, as determined by the Administrator, of greenhouse gas
that was sequestered.
(12) Sequestered.--The term ``sequestered'' means the
separation, isolation, or removal of greenhouse gases from the
atmosphere, as determined by the Administrator.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a Federal greenhouse gas registry that--
(A) is national in scope;
(B) is complete, consistent, and transparent; and
(C) will collect reliable and accurate data that
can be used by public and private entities to design
and implement efficient and effective energy security
initiatives and greenhouse gas emission reduction
strategies, including a mandatory, multisector
emissions trading scheme or emissions reduction
program; and
(2) to provide the Administrator better direction and
clarity than has been provided in previous laws with respect to
the United States need for greenhouse gas emission information.
SEC. 4. DETERMINATION OF CARBON DIOXIDE EQUIVALENT VALUE OF GREENHOUSE
GASES.
(a) Initial Determination.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall--
(1) determine the quantity of each greenhouse gas that
makes the same contribution to global warming as 1 metric ton
of carbon dioxide; and
(2) publish such determination in the Federal Register.
(b) Methodology.--In determining the quantity of a gas that makes
the same contribution to global warming as 1 metric ton of carbon
dioxide under this section or section 5, the Administrator shall take
into account publications by the Intergovernmental Panel on Climate
Change or a successor organization under the United Nations.
SEC. 5. DESIGNATION OF GREENHOUSE GASES.
The Administrator shall--
(1) designate as a greenhouse gas, for purposes of this
Act, any directly emitted anthropogenic gas that is included in
the Inventory of United States Greenhouse Gases and Sinks, 1
metric ton of which makes the same or greater contribution to
global warming as 1 metric ton of carbon dioxide, as determined
by the Administrator; and
(2) publish, and update as necessary, in the Federal
Register such designation, including the quantity of the gas
that the Administrator determines makes the same contribution
to global warming as 1 metric ton of carbon dioxide.
SEC. 6. REPORTING OF GREENHOUSE GASES.
Not later than July 1, 2011, and annually thereafter, each covered
entity shall report to the Administrator the greenhouse gas emissions
of the covered entity for the prior calendar year, in accordance with
the regulations issued under section 7.
SEC. 7. REGULATIONS.
(a) In General.--Not later than July 1, 2009, the Administrator
shall issue regulations establishing a Federal greenhouse gas registry
that achieves the purposes described in section 3. Such regulations
shall--
(1) ensure the completeness, consistency, transparency,
accuracy, precision, and reliability of data submitted by
covered entities on--
(A) greenhouse gas emissions in the United States;
and
(B) the production and manufacture in the United
States, and importation into the United States, of
fuels and other products the uses of which result in
greenhouse gas emissions;
(2) take into account the best practices from the most
recent Federal, State, tribal, and international protocols for
the measurement, accounting, reporting, and verification of
greenhouse gas emissions, including protocols from the Climate
Registry and other mandatory State or multistate authorized
programs;
(3) take into account the latest scientific research;
(4) require that, wherever feasible, submitted data are
monitored using monitoring systems for fuel use, fuel flow, or
emissions, such as continuous emission monitoring systems or
systems of equivalent precision, reliability, accessibility,
and timeliness;
(5) require that, if a covered entity is already using a
continuous emission monitoring system to monitor mass
greenhouse gas emissions under a provision of law in effect as
of the date of enactment of this Act that is consistent with
this Act, that system be used to monitor submitted data;
(6) require reporting at least annually, beginning with
reporting on the emission of greenhouse gases during calendar
year 2010;
(7) include methods for minimizing double reporting and
avoiding irreconcilable double reporting of greenhouse gas
emissions;
(8) include protocols to prevent covered entities from
avoiding reporting requirements;
(9) include strict protocols for verification of submitted
data;
(10) establish a means for electronic reporting;
(11) ensure verification and auditing of submitted data;
(12) establish consistent policies for calculating carbon
content and greenhouse gas emissions for each type of fossil
fuel reported;
(13) provide for immediate public dissemination on the
Internet of all verified data reported under this Act that are
not--
(A) vital to the national security of the United
States, as determined by the President; or
(B) confidential business information that cannot
be derived from information that is otherwise
publically available and that would cause significant
calculable competitive harm if published (except that
information relating to greenhouse gas emissions shall
not be considered to be confidential business
information); and
(14) prescribe methods by which the Administrator shall, in
cases in which satisfactory data are not submitted to the
Administrator for any period of time--
(A) replace the missing data with a best estimate
of emission levels that may have occurred during the
period for which data are missing, in order to ensure
that emissions are not underreported or overreported
and to create a strong incentive for meeting data
monitoring and reporting requirements; and
(B) take appropriate enforcement action.
(b) Information Gathering Authorities.--For purposes of carrying
out this Act and the regulations under this section, the Administrator
shall have the same authority as the Administrator has under section
114 of the Clean Air Act.
SEC. 8. INTERRELATIONSHIP WITH OTHER SYSTEMS.
(a) In General.--The regulations issued under section 7 shall take
into account the work done by the Climate Registry and other mandatory
State or multistate authorized programs, and shall explain the major
differences in approach between the system established under the
regulations and the respective registries or programs.
(b) No Preemption.--Nothing in this Act preempts any State or
regional greenhouse gas registry efforts.
SEC. 9. ENFORCEMENT.
(a) Civil Actions.--The Administrator may bring a civil action in a
United States district court against any entity that fails to comply
with any requirement promulgated pursuant to section 7.
(b) Penalty.--Any person that has violated or is violating
regulations promulgated pursuant to section 7 shall be subject to a
civil penalty of not more than $25,000 per day for each violation.
(c) Penalty Adjustment.--For each fiscal year after the fiscal year
in which this Act is enacted, the Administrator shall, by regulation,
adjust the penalty specified in subsection (b) to reflect changes for
the 12-month period ending the preceding November 30 in the Consumer
Price Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
SEC. 10. EFFECT ON OTHER PROVISIONS.
Nothing in this Act, or regulations issued pursuant to this Act,
shall affect or be construed to affect the regulatory status of carbon
dioxide or any other greenhouse gas, or to expand or limit regulatory
authority regarding carbon dioxide or any other greenhouse gas, for
purposes of the Clean Air Act. The previous sentence shall not affect
implementation and enforcement of this Act. | Greenhouse Gas Registry Act - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) determine and publish the quantity of each greenhouse gas (GHG) that makes the same contribution to global warming as one metric ton of carbon dioxide; and (2) designate as a GHG any directly emitted anthropogenic gas that is included in the Inventory of the United States Greenhouse Gases and Sinks, one metric ton of which makes the same or greater contribution to global warming as one metric ton of carbon dioxide. Directs each covered entity to report to the Administrator its GHG emissions for the prior calendar year.
Directs the Administrator to issue regulations establishing a federal GHG registry. Specifies that such regulations shall: (1) ensure accuracy and reliability of data submitted; (2) take into account best practices for measuring, accounting, reporting, and verifying GHG emissions and the latest scientific research; (3) require that submitted data are monitored using monitoring systems for fuel use, fuel flow, or emissions, wherever feasible; (4) require annual reporting on the emission of GHGs; (5) establish consistent policies for calculating carbon content and GHG emissions for each type of fossil fuel reported; (6) provide for immediate public dissemination of data reported, with certain exceptions; and (7) take into account the work done by the Climate Registry and other mandatory state or multistate authorized programs and explain the major differences in approach between the system established under the regulations and the respective registries or programs. Provides that nothing in this Act preempts any state or regional GHG registry efforts.
Authorizes the Administrator to bring a civil action against entities that fail to comply with this Act's requirements. Sets forth civil penalties for violations. | {"src": "billsum_train", "title": "To provide for the creation of a Federal greenhouse gas registry, and for other purposes."} | 2,603 | 367 | 0.597944 | 1.787534 | 0.770887 | 4.391566 | 7.325301 | 0.921687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Discretionary Spending Reduction and
Control Act of 1995''.
SEC. 2. DISCRETIONARY SPENDING LIMITS.
(a) Limits.--Section 601(a)(2) of the Congressional Budget Act of
1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F),
by redesignating subparagraph (E) as subparagraph (A) and by striking
``and'' at the end of that subparagraph, and by inserting after
subparagraph (A) the following new subparagraphs:
``(B) with respect to fiscal year 1996, for the
discretionary category: $502,994,000,000 in new budget
authority and $537,946,000,000 in outlays;
``(C) with respect to fiscal year 1997, for the
discretionary category: $497,816,000,000 in new budget
authority and $531,793,000,000 in outlays;
``(D) with respect to fiscal year 1998, for the
discretionary category: $489,046,000,000 in new budget
authority and $523,703,000,000 in outlays;
``(E) with respect to fiscal year 1999, for the
discretionary category: $491,586,000,000 in new budget
authority and $522,063,000,000 in outlays; and
``(F) with respect to fiscal year 2000, for the
discretionary category: $492,282,000,000 in new budget
authority and $521,690,000,000 in outlays;''.
(b) Committee Allocations and Enforcement.--Section 602 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c), by striking ``1995'' and inserting
``2000'' and by striking its last sentence; and
(2) in subsection (d), by striking ``1992 to 1995'' in the
side heading and inserting ``1995 to 2000'' and by striking
``1992 through 1995'' and inserting ``1995 through 2000''.
(c) Five-Year Budget Resolutions.--Section 606 of the Congressional
Budget Act of 1974 is amended--
(1) in subsection (a), by striking ``1992, 1993, 1994, or
1995'' and inserting ``1995, 1996, 1997, 1998, 1999, or 2000'';
and
(2) in subsection (d)(1), by striking ``1992, 1993, 1994,
and 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, and
2000'', and by striking ``(i) and (ii)''.
(d) Effective Date.--Section 607 of the Congressional Budget Act of
1974 is amended by striking ``1991 to 1998'' and inserting ``1995 to
2000''.
(e) Sequestration Regarding Crime Trust Fund.--(1) Section
251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended by striking subparagraphs (B), (C), and (D) and its
last sentence and inserting the following:
``(B) For fiscal year 1996, $1,827,000,000.
``(C) For fiscal year 1997, $3,082,000,000.
``(D) For fiscal year 1998, $3,840,000,000.
``(E) For fiscal year 1999, $4,415,000,000.
``(F) For fiscal year 2000, $4,874,000,000.
``The appropriate levels of new budget authority are as
follows: for fiscal year 1996, $3,357,000,000; for fiscal year
1997, $3,915,000,000; for fiscal year 1998, $4,306,000,000; for
fiscal year 1999, $5,089,000,000; and for fiscal year 2000,
$5,089,000,000.''.
(2) The last two sentences of section 310002 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) are repealed.
SEC. 3. GENERAL STATEMENT AND DEFINITIONS.
(a) General Statement.--Section 250(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking the first
sentence and inserting the following: ``This part provides for the
enforcement of deficit reduction through discretionary spending limits
and pay-as-you-go requirements for fiscal years 1995 through 2000.''.
(b) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) The term `category' means all discretionary
appropriations.'';
(2) by striking paragraph (6) and inserting the following:
``(6) The term `budgetary resources' means new budget
authority, unobligated balances, direct spending authority, and
obligation limitations.'';
(3) in paragraph (9), by striking ``1992'' and inserting
``1995'';
(4) in paragraph (14), by striking ``1995'' and inserting
``2000''; and
(5) by striking paragraph (17) and by redesignating
paragraphs (18) through (21) as paragraphs (17) through (20),
respectively.
SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in the side heading of subsection (a), by striking
``1991-1998'' and inserting ``1995-2000'';
(2) in the first sentence of subsection (b)(1), by striking
``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting
``1995, 1996, 1997, 1998, 1999, or 2000'' and by striking
``through 1998'' and inserting ``through 2000'';
(3) in subsection (b)(1), by striking subparagraphs (B) and
(C) and by striking ``the following:'' and all that follows
through ``The adjustments'' and inserting ``the following: the
adjustments'';
(4) in subsection (b)(2), by striking ``1991, 1992, 1993,
1994, 1995, 1996, 1997, or 1998'' and inserting ``1995, 1996,
1997, 1998, 1999, or 2000'' and by striking ``through 1998''
and inserting ``through 2000'';
(5) by striking subparagraphs (A), (B), and (C) of
subsection (b)(2);
(6) in subsection (b)(2)(E), by striking clauses (i), (ii),
and (iii) and by striking ``(iv) if, for fiscal years 1994,
1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal
years 1995, 1996, 1997, 1998, 1999, and 2000''; and
(7) in subsection (b)(2)(F), strike everything after ``the
adjustment in outlays'' and insert ``for a category for a
fiscal year shall not exceed 0.5 percent of the adjusted
discretionary spending limit on outlays for that fiscal year in
fiscal year 1996, 1997, 1998, 1999, or 2000.''.
SEC. 5. ENFORCING PAY-AS-YOU-GO.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in the side heading of subsection (a), by striking
``1992-1998'' and inserting ``1995-2000'';
(2) in subsection (d), by striking ``1998'' each place it
appears and inserting ``2000''; and
(3) in subsection (e), by striking ``1991 through 1998''
and inserting ``1995 through 2000'' and by striking ``through
1995'' and inserting ``through 2000''.
SEC. 6. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in subsection (d)(2), by striking ``1998'' and
inserting ``2000''; and
(2) in subsection (g), by striking ``1998'' each place it
appears and inserting ``2000''.
SEC. 7. TECHNICAL CORRECTION.
Section 258 of the Balanced Budget and Emergency Deficit Control
Act of 1985, entitled ``Modification of Presidential Order'', is
repealed.
SEC. 8. EFFECTIVE DATE.
(a) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``1995''
and inserting ``2000''.
(b) Expiration.--Section 14002(c)(3) of the Omnibus Budget
Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is
repealed.
SEC. 9. SPECIAL RULE ON INTERRELATIONSHIP BETWEEN CHANGES IN
DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO
REQUIREMENTS.
(a)(1) Section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subsection:
``(f) Special Rule on Interrelationship Between Sections 251 and
252.--(1) Whenever a reconciliation Act decreases the discretionary
spending limits for outlays and provides that that decrease shall be
used to offset all or part of an increase in direct spending or
decrease in receipts (or both) in that Act and reduces the
discretionary spending limits for budget authority by an amount equal
to or greater than the amount that budget authority would be as
calculated using the composite spendout rate, then the reduction in
receipts or increase in outlays for direct spending (that is so offset)
shall not be reflected in estimates under subsection (d).
``(2) As used in this subsection:
``(A) The term `composite spendout rate' means a
computational relationship between outlays and new budget
authority as follows: 60 percent for the first year, 22 percent
for the second year, 12 percent for the third year, 4 percent
for the fourth year, and 1 percent for the fifth year.
``(B) The term `reconciliation Act' refers to a
reconciliation bill (as used in section 310 of the
Congressional Budget Act of 1974) after it is enacted into
law.''.
(2) Section 310(a) of the Congressional Budget Act of 1974 is
amended by striking ``or'' at the end of paragraph (3), by
redesignating paragraph (4) as paragraph (5) and by striking ``and
(3)'' in such redesignated paragraph (5) and inserting ``(3), and
(4)'', and by inserting after paragraph (3) the following new
paragraph:
``(4) carry out section 252(f) of the Balanced Budget and
Emergency Deficit Control Act of 1985; or''.
(b) To the extent that a deficit increase in any fiscal year
through 2000 caused by changes in direct spending and receipts
resulting from this Act, the Personal Responsibility Act of 1995, or
the Contract With America Tax Relief Act of 1995 is offset by
reductions in the limit on discretionary outlays as provided by section
2 over the 5 fiscal year period beginning with fiscal year 1996, such
changes in direct spending and receipts shall not be reflected in
estimates under section 252(d) of the Balanced Budget and Emergency
Deficit Control Act of 1985. For purposes of this subsection,
reductions in the limit on discretionary outlays for fiscal years 1999
and 2000 shall be measured as reductions from the discretionary
spending limit for outlays for fiscal year 1998 as in effect
immediately before the enactment of this Act.
(c) In the OMB final sequestration report for fiscal year 1996--
(1) all adjustments required by section 251(b)(2) made
after the preview report for fiscal year 1996 shall be made to
the discretionary spending limits set forth in 601(a)(2) of the
Congressional Budget Act of 1974 as amended by section 2; and
(2) all statutory changes in the discretionary spending
limits made by the Personal Responsibility Act of 1995 or by
the Act entitled ``An Act making emergency supplemental
appropriations for additional disaster assistance and making
rescissions for the fiscal year ending September 30, 1995, and
for other purposes'' shall be made to those limits. | Discretionary Spending Reduction and Control Act of 1995 - Amends the Congressional Budget Act of 1974 to establish discretionary spending limits for FY 1996 through 2000.
Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through FY 2000.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund.
Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts.
Extends enforcement of discretionary spending limits, pay-as-you- go requirements, and reporting requirements through FY 2000.
Provides a special rule on the interrelationship between changes in discretionary spending limits and pay-as-you-go requirements for enforcement purposes. Prohibits certain changes in direct spending and receipts resulting from this Act, the Personal Responsibility Act of 1995, or the Contract with America Tax Relief Act of 1995 from being reflected in pay-as-you-go estimates.
Revises the final sequestration report by the Office of Management and Budget for FY 1996. | {"src": "billsum_train", "title": "Discretionary Spending Reduction and Control Act of 1995"} | 2,786 | 280 | 0.491489 | 1.347231 | 0.76147 | 4.066372 | 10.964602 | 0.836283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intern Protection Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Employer.--The term ``employer'' means--
(A) a person engaged in an industry affecting
commerce (as defined in section 701(h) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or
more employees (as defined in subparagraphs (A)(i) and
(B) of paragraph (3)) for each working day in each of
20 or more calendar weeks in the current or preceding
calendar year, and any agent of such a person, but does
not include a bona fide private membership club (other
than a labor organization) that is exempt from taxation
under section 501(c) of the Internal Revenue Code of
1986;
(B) an employing authority to which section
302(a)(1) of the Government Employee Rights Act of 1991
applies;
(C) an employing office, as defined in section 101
of the Congressional Accountability Act of 1995 or
section 411(c) of title 3, United States Code; or
(D) an entity to which section 717(a) of the Civil
Rights Act of 1964 applies.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(5) Intern.--The term ``intern'' means an individual who
performs work for an employer, whether paid or unpaid for the
purpose of training under the following circumstances:
(A) The employer is not committed to hire the
individual performing the work at the conclusion of the
training period.
(B) The work performed--
(i) provides or supplements training that
may enhance the employability of the intern;
(ii) provides experience for the benefit of
the individual performing the work;
(iii) does not displace regular employees;
and
(iv) is performed under the close
supervision of existing staff.
(6) Internship.--The term ``internship'' means a position
or job with an employer that is filled by an intern.
(7) Military status.--The term ``military status'' means an
individual's status as a member of the Armed Forces or a
veteran.
(8) Predisposing genetic characteristics.--The term
``predisposing genetic characteristics'' means, with respect to
an individual, any information revealed by a genetic test of
the individual or a family member of the individual, or the
manifestation of a disease or disorder in any family member of
the individual.
(9) Religion.--The term ``religion'' has the meaning given
such term in section 701(j) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(j)).
(10) Sex.--The term ``sex'' includes all of the aspects
related to sex described in the term ``because of sex'' defined
in section 701(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(k)).
(11) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
SEC. 3. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS.
(a) Terms and Conditions of Employment.--It shall be an unlawful
employment practice for an employer to--
(1) refuse to hire or employ or to bar or to discharge from
internship an intern or to discriminate against such intern in
the terms, conditions, or privileges of employment as an intern
because of the intern's age, race, religion, color, national
origin, sex, sexual orientation, military status, disability,
gender identity, predisposing genetic characteristics, marital
status, or status as a victim of domestic violence;
(2) discriminate against an intern in terms of receiving,
classifying, disposing, or otherwise acting upon applications
for internships because of the intern's age, race, religion,
color, national origin, sex, sexual orientation, military
status, disability, gender identity, predisposing genetic
characteristics, marital status, or status as a victim of
domestic violence;
(3) print or circulate or cause to be printed or circulated
any statement, advertisement, or publication, or to use any
form of application for employment as an intern or to make any
inquiry in connection with prospective employment as an intern,
which expresses directly or indirectly, any limitation,
specification, or discrimination as to age, race, religion,
color, national origin, sex, sexual orientation, military
status, disability, gender identity, predisposing genetic
characteristics, marital status, or status as a victim of
domestic violence;
(4) to compel an intern who is pregnant to take a leave of
absence, unless the intern is prevented by such pregnancy from
performing the activities involved in the internship in a
reasonable manner; or
(5) to discharge, expel, or otherwise discriminate against
any person because he or she has opposed any practices
forbidden under this Act or because he or she has filed a
complaint, testified, or assisted in any proceeding under this
Act.
(b) Sexual or Other Harassment.--It shall be an unlawful employment
practice for an employer to--
(1) engage in unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual
nature to an intern when--
(A) submission to such conduct is made either
explicitly or implicitly a term or condition of the
intern's continued position as an intern;
(B) submission to or rejection of such conduct by
the intern is used as the basis for employment
decisions affecting such intern; or
(C) such conduct has the purpose or effect of
unreasonably interfering with the intern's work
performance by creating an intimidating, hostile, or
offensive working environment; or
(2) subject an intern to unwelcome harassment based on age,
race, religion, color, national origin, sex, sexual
orientation, military status, disability, gender identity,
predisposing genetic characteristics, marital status, or status
as a victim of domestic violence, where such harassment has the
purpose or effect of unreasonably interfering with the intern's
work performance by creating an intimidating, hostile, or
offensive working environment.
(c) Age Limitation.--The prohibitions in this section relating to
discrimination based on age shall be limited to individuals who are at
least 40 years of age.
SEC. 4. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration and
enforcement of this Act, in the case of a claim alleged by an
individual for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c),
in the case of a claim alleged by such individual for a
violation of such title, or of section 302(a)(1) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b(a)(1)), respectively;
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by such individual for a
violation of such title;
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall
have the same powers as the Board has to administer and enforce
the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) in the case of a claim alleged by such individual for a
violation of section 201(a)(1) of such Act (2 U.S.C.
1311(a)(1));
(4) the Attorney General shall have the same powers as the
Attorney General has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); or
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c);
in the case of a claim alleged by such individual for a
violation of such title, or of section 302(a)(1) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b(a)(1)), respectively;
(5) the President, the Commission, and the Merit Systems
Protection Board shall have the same powers as the President,
the Commission, and the Board, respectively, have to administer
and enforce chapter 5 of title 3, United States Code, in the
case of a claim alleged by such individual for a violation of
section 411 of such title; and
(6) a court of the United States shall have the same
jurisdiction and powers as the court has to enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) in the case of a claim alleged by
such individual for a violation of such title;
(B) sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c)
in the case of a claim alleged by such individual for a
violation of section 302(a)(1) of such Act (42 U.S.C.
2000e-16b(a)(1));
(C) the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) in the case of a claim alleged by
such individual for a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)); and
(D) chapter 5 of title 3, United States Code, in
the case of a claim alleged by such individual for a
violation of section 411 of such title.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by such individual for
a violation of such title;
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (42 U.S.C. 2000e-16b(a)(1)) in the case of a claim alleged
by such individual for a violation of such section;
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of the Congressional Accountability Act of
1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by
such individual for a violation of such section; and
(4) the procedures and remedies applicable for a violation
of section 411 of title 3, United States Code, in the case of a
claim alleged by such individual for a violation of such
section.
(c) Other Applicable Provisions.--With respect to a claim alleged
by an individual for a violation of this Act, title III of the
Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall
apply in the same manner as such title applies with respect to a claim
alleged by a covered employee (as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a
violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
SEC. 5. ATTORNEYS' FEES.
Notwithstanding any other provision of this Act, in an action or
administrative proceeding for a violation of this Act, an entity
described in section 4(a) (other than paragraph (4) of such section),
in the discretion of the entity, may allow the prevailing party, other
than the Commission or the United States, a reasonable attorney's fee
(including expert fees) as part of the costs. The Commission and the
United States shall be liable for the costs to the same extent as a
private person.
SEC. 6. REGULATIONS.
(a) In General.--Except as provided in subsections (b), (c), and
(d), the Commission shall have authority to issue regulations to carry
out this Act.
(b) Librarian of Congress.--The Librarian of Congress shall have
authority to issue regulations to carry out this Act with respect to
employees and applicants for employment of the Library of Congress.
(c) Board.--The Board referred to in section 10(a)(3) shall have
authority to issue regulations to carry out this Act, in accordance
with section 304 of the Congressional Accountability Act of 1995 (2
U.S.C. 1384), with respect to covered employees, as defined in section
101 of such Act (2 U.S.C. 1301).
(d) President.--The President shall have authority to issue
regulations to carry out this Act with respect to covered employees, as
defined in section 411(c) of title 3, United States Code, and
applicants for employment as such employees.
SEC. 7. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or regulation or any law or
regulation of a State or political subdivision of a State. | Intern Protection Act Prohibits certain employers from refusing to employ, discriminating against, or harassing interns because of age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence. Bars employers from compelling a pregnant intern to take a leave of absence, unless the intern is prevented by such pregnancy from performing internship activities in a reasonable manner. Prohibits employers from engaging in certain unwelcome sexual advances or other verbal or physical conduct of a sexual nature to an intern when: (1) submission is a condition for continuing the internship or a basis for employment decisions; or (2) the conduct unreasonably interferes with work performance by creating an intimidating, hostile, or offensive working environment. Makes the age discrimination prohibitions of this Act applicable only to individuals who are at least 40 years of age. Authorizes the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of Congress's Office of Compliance, the Department of Justice, the President, the Merit Systems Protection Board, and U.S. courts to enforce this Act under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, the Congressional Accountability Act of 1995, and other laws granting rights and protections to certain applicants and employees. | {"src": "billsum_train", "title": "Intern Protection Act"} | 3,192 | 306 | 0.504458 | 1.44187 | 0.708243 | 4.365385 | 10.623077 | 0.880769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Libyan Assets Taxpayer Reimbursement
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government has frozen, through
Executive Order 13566 of February 25, 2011, over $30 billion in
assets in the United States owned by the late Muammar Qaddafi,
his family, and his regime.
(2) The United States military conducted actions, through
Operation Odyssey Dawn and NATO Operation Unified Protector,
over the territory and off the coast of Libya designed to
protect the Libyan people from the violence and cruelty of the
Qaddafi regime.
(3) United States military operations in Libya exposed
members of the United States Armed Forces to the risk of death.
(4) The Libyan uprising against the late dictator Qaddafi
succeeded with the help of United States forces.
(5) Libya is an oil rich country that will be able to
finance its economic development and reconstruction.
(6) Libya has Africa's largest oil reserves and a
population of approximately 6.5 million people.
(7) In 2010, Libya had one of the highest per capita oil
export revenues in the world.
(8) The Department of Defense estimates the cost of United
States military and humanitarian efforts for the Libyan people
at under $3 billion.
(9) Funds collected by the United States from Libya
pursuant to the United States-Libya Claims Settlement Agreement
are insufficient to provide complete relief for all of the
victims of Libyan state-sponsored terrorism whose claims are
currently being adjudicated, or have been awarded, by the
Foreign Claims Settlement Commission of the United States. The
amount of the shortfall is believed to be as much as $400
million.
(10) Around the world, over $150 billion of Qaddafi assets
are frozen, and almost all of this amount will be paid to the
new Libyan government, including the vast majority of the
assets blocked by the United States.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States Government--
(1) to ensure that the United States Treasury is reimbursed
for the full cost of all military and humanitarian operations
undertaken in and with respect to Libya from the onset of
Operation Odyssey Dawn through the fall of the Qaddafi regime;
and
(2) to ensure that there are sufficient funds available to
the United States to fully compensate victims of Libyan-
sponsored terrorism, prior to providing assets blocked pursuant
Executive Order 13566 of February 25, 2011 to the Government of
Libya or other rightful owners.
SEC. 4. AUTHORITY TO VEST AND USE BLOCKED LIBYAN ASSETS TO DEFRAY THE
FULL COSTS OF OPERATION ODYSSEY DAWN AND U.S.
PARTICIPATION IN NATO OPERATION UNIFIED PROTECTOR.
(a) In General.--Pursuant to the authorities of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President
is authorized to--
(1) by means of instructions, licenses, or otherwise, vest
such blocked Libyan assets that are available as of the date of
the enactment of this Act in an amount necessary for the
purposes described in subsection (b);
(2) liquidate or sell any blocked Libyan assets described
in paragraph (1); and
(3) deposit any funds taken under paragraph (1) and any
funds resulting from the liquidation or sale of blocked Libyan
assets under paragraph (2) in the United States Treasury for
the purposes described in subsection (b).
(b) Use of Vested Funds.--
(1) In general.--Notwithstanding any other provision of
law, the President shall use blocked Libyan assets vested under
subsection (a)(1) to defray the full costs of Operation Odyssey
Dawn and United States participation in NATO Operation Unified
Protector and any associated humanitarian efforts undertaken on
behalf of the Libyan people.
(2) Other use of funds.--Notwithstanding any other
provision of law, the President is authorized to use blocked
Libyan assets vested under subsection (a)(1) to satisfy and pay
in full all final awards of compensation to United States
nationals ordered by the Foreign Claims Settlement Commission
in its Libya Claims Program pursuant to the Libyan Claims
Resolution Act (Public Law 110-301) and the International
Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.).
(c) Regulations.--The President may issue such regulations,
including regulations prescribing definitions in addition to the
definitions listed in subsection (d), as may be necessary for the
exercise of the authorities granted by this Act.
(d) Definitions.--In this section--
(1) the term ``blocked Libyan assets'' means all property
and interests in property that are seized or blocked by the
United States in accordance with Executive Order 13566 of
February 25, 2011 (76 Fed. Reg. 11315); and
(2) the term ``Government of Libya'' means the Government
of Libya on the date of the enactment of this Act, including
any agency or instrumentality of that Government and any entity
controlled by that Government.
SEC. 5. DETERMINATION OF AMOUNTS.
(a) In General.--For purposes of determining the amount of blocked
Libyan assets to vest under section 4(a)(1), the President shall ensure
the full costs of military operations and humanitarian efforts
described in section 4(b)(1)--
(1) are determined in accordance with generally accepted
accounting principles;
(2) include all expenditures properly chargeable to such
operations and efforts; and
(3) are not limited to marginal costs.
(b) Consultation.--The President shall determine the amount of
blocked Libyan assets to vest under section 4(a)(1) after consultation
with the Secretary of Defense and the Foreign Claims Settlement
Commission.
SEC. 6. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter as appropriate, the President shall prepare and
submit to Congress a report on the implementation of this Act. | Libyan Assets Taxpayer Reimbursement Act of 2011 - Authorizes the President to vest blocked Libyan assets in an amount necessary to ensure: (1) reimbursement for the cost of U.S. military and humanitarian operations undertaken in Libya, and (2) compensation for U.S. victims of Libyan-sponsored terrorism. | {"src": "billsum_train", "title": "To authorize the President to vest certain property of the Government of Libya seized or blocked by the United States and to authorize the use of that property to defray the full costs of Operation Odyssey Dawn and United States participation in NATO Operation Unified Protector, and for other purposes."} | 1,317 | 71 | 0.608884 | 1.54418 | 1.24345 | 2.574074 | 22.444444 | 0.981481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Emergency Response
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) forest health and human safety in certain national
forests have deteriorated dangerously due to pine beetle
infestation, disease, storm damage, and drought; and
(2) the resulting fire hazard in those national forests
endangers adjacent communities, ranches, State parks, and
several units of the National Park System and poses a
significant threat to the economic stability of surrounding
areas and the health, safety, and well-being of residents and
visitors to those areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Designated national forest.--The term ``designated
national forest'' means a national forest designated by the
Secretary under section 4(b).
(2) Emergency circumstances.--The term ``emergency
circumstances'' has the meaning given the term in section
1506.11 of title 40, Code of Federal Regulations (or a
successor regulation).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF PILOT PROJECT
NATIONAL FORESTS.
(a) In General.--In recognition of deteriorating forest health
conditions, extreme fire hazard, and the significant number of dead and
dying trees in certain national forests due to pine beetle infestation,
drought, disease, or storm damage, and the resulting imminent risk of
devastating wildfire that poses a significant threat to the economic
stability of surrounding areas and the health, safety, and well-being
of residents, firefighters, and visitors to the areas, Congress
declares that the fire hazard and human endangerment in those national
forests designated by the Secretary under subsection (b) constitute
emergency circumstances.
(b) Designations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate not less
than 1 national forest in each applicable State that is
experiencing conditions that constitute emergency circumstances
due to pine beetle infestation, drought, disease, or storm
damage and the resulting imminent risk of devastating wildfire
that poses a significant threat to the economic stability of
surrounding areas and the health, safety, and well-being of
residents, firefighters, and visitors to the areas.
(2) Limitation.--A designation under paragraph (1) shall be
for a period not to exceed 10 years.
SEC. 5. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE
HEALTHY FORESTS RESTORATION ACT OF 2003 TO DESIGNATED
FOREST SERVICE PILOT PROJECTS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all Forest Service projects and activities implementing the land and
resource management plan developed for the designated national forests
during the term of the emergency circumstance declared under section 4.
(b) Application of Other Law.--Section 322 of Public Law 102-381
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects
conducted in accordance with this section.
(c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest
Service projects and activities in designated national forests, the
Secretary shall make the following modifications:
(1) The authority shall apply to the entire designated
national forest, including land that is outside of a wildland-
urban interface area or that does not satisfy any of the other
eligibility criteria specified in section 102(a) of that Act
(16 U.S.C. 6512(a)).
(2) All projects and activities of the Forest Service,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a
successor regulation)), shall be considered to be authorized
hazardous fuel reduction projects for purposes of applying the
title.
(3) In the case of a project intended to address the
existence of an infestation of disease or insects, or the
presence of such an infestation on immediately adjacent land,
the Secretary may proceed with the project if there is any risk
the infestation will spread, not just in the event of an
imminent risk of the spread of the infestation.
(4) Forest Service projects and activities in the
designated national forest conducted under title I of that Act
shall not be counted toward the limitation in section 102(c) of
that Act (16 U.S.C. 6512(c)) on the total quantity of acreage
that may be treated under that title.
(d) Smaller Projects.--
(1) In general.--Except as provided in paragraph (2), a
project conducted in a designated national forest in accordance
with this section that comprises less than 10,000 acres shall
be considered an action categorically excluded from the
requirements for an environmental assessment or an
environmental impact statement under section 1508.4 of title
40, Code of Federal Regulations (or a successor regulation).
(2) Exclusion of certain areas.--Paragraph (1) does not
apply to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation
is restricted or prohibited;
(C) a congressionally designated wilderness study
area; or
(D) an area in which activities under paragraph (1)
would be inconsistent with the applicable land and
resource management plan.
(e) Prohibition on Restraining Orders, Preliminary Injunctions, and
Other Relief Pending Judicial Review.--
(1) In general.--No restraining order, preliminary
injunction, or injunction pending appeal shall be issued by any
court of the United States with respect to any decision to
engage in any remedial action or to prepare, advertise, offer,
award, or operate a timber sale under this section in a
designated national forest.
(2) Applicability of other law.--Section 705 of title 5,
United States Code, shall not apply to any challenge to a sale
described in paragraph (1).
SEC. 6. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a
State forester to authorize the State forester to provide the
forest, rangeland, and watershed restoration and protection
services described in paragraph (2) on National Forest System
land in the eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State forester to serve as the agent for
the Secretary in providing the restoration and protection
services authorized under that paragraph.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land
shall not be delegated to a State forester or any other officer
or employee of the eligible State.
(7) Applicable law.--The restoration and protection
services to be provided under this section shall be carried out
on a project-to-project basis under existing authorities of the
Forest Service. | National Forest Emergency Response Act - Declares that the fire hazard and human endangerment in national forests to be designated by the Secretary of Agriculture constitute emergency circumstances. Directs the Secretary to designate (for up to 10 years) at least one national forest in each state that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors.
Makes provisions of the Healthy Forests Restoration Act regarding hazardous fuel reduction on federal land (including environmental analysis requirements, the special administrative review process, and the judicial review process) applicable to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstances, subject to specified modifications by the Secretary.
Requires a project conducted in a designated national forest under this Act that comprises less than 10,000 acres (with exceptions, including components of the National Wilderness Preservation System, any federal land on which the removal of vegetation is restricted or prohibited by Act of Congress or presidential proclamation, or a congressionally designated wilderness study area) to be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement.
Prohibits a U.S. court from issuing any restraining order, preliminary injunction, or injunction pending appeal regarding any decision to engage in remedial action or to prepare, advertise, offer, award, or operate a timber sale in a designated forest.
Authorizes the Secretary to enter into a cooperative agreement or contract with a state forester to provide forest, rangeland, and watershed restoration and protection services on national forest system land in that state. | {"src": "billsum_train", "title": "To respond to the extreme fire hazard and unsafe conditions resulting from pine beetle infestation, drought, disease, or storm damage by declaring a state of emergency and directing the Secretary of Agriculture to immediately implement hazardous fuels reduction projects in the manner provided in title I of the Healthy Forests Restoration Act of 2003, and for other purposes."} | 2,033 | 400 | 0.629564 | 1.86159 | 0.824277 | 5.295322 | 5.274854 | 0.950292 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Menu Education and
Labeling Act''.
(b) References.--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 Federal Food, Drug, and Cosmetic Act.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Research continues to reveal the strong link between
diet and health, and that diet-related diseases start early in
life.
(2) Increased caloric intake is a key factor contributing
to the alarming increase in obesity in the United States.
According to the Centers for Disease Control and Prevention,
two-thirds of American adults are overweight or obese, and the
rates of obesity have doubled in children and tripled in teens
since 1980. Obesity increases the risk of diabetes, heart
disease, stroke, and other health problems. Each year obesity
costs families, businesses, and governments $117 billion.
(3) Excess saturated fat intake is a major risk factor for
heart disease, which is the leading cause of death in the
United States. While it is often thought to primarily affect
men and older people, cardiovascular disease is the leading
killer of women and kills 61,000 people between the ages of 45
and 64 each year. Heart disease is also a leading cause of
disability among working adults and its impact on the U.S.
economy is significant, estimated in 2001 to total $298 billion
in health care expenditures and lost productivity.
(4) Increased sodium intake is associated with increased
risk of high blood pressure, or hypertension, a condition that
can lead to cardiovascular disease, especially stroke. The
proportion of Americans with high blood pressure is 45 percent
at age 50, 60 percent at age 60, and over 70 percent at age 70.
(5) Over the past two decades, there has been a significant
increase in the number of meals prepared and/or eaten outside
the home, with an estimated one-third of calories and almost
half (46 percent) of total food dollars being spent on food
purchased from and/or eaten at restaurants and other food-
service establishments.
(6) While nutrition labeling is currently required on most
processed foods, such information is required only for
restaurant foods for which nutrient content or health claims
are made.
(7) Three-quarters of American adults report using food
labels on packaged foods, which are required by the Nutrition
Labeling and Education Act of 1990. Using food labels is
associated with eating more healthful diets, and approximately
half (48 percent) of people report that the nutrition
information on food labels has caused them to change their
minds about buying a food product.
(8) It is difficult for consumers to limit their intake of
calories at restaurants, given the limited availability of
nutrition information, as well as the popular practice by many
restaurants of providing foods in larger-than-standard servings
and ``super-sized'' portions. Studies show that people eat
greater quantities of food when they are served more.
SEC. 3. NUTRITION LABELING OF RESTAURANT FOODS.
(a) Nutrition Labeling for Foods Eaten in Restaurants and Similar
Retail Food Establishments.--Section 403(q)(5)(A)(i) (21 U.S.C.
343(q)(5)(A)(i)) is amended by adding at the end the following:
``except that food, beverages, and meals served in restaurants and
similar retail food establishments that are part of a chain with 20 or
more outlets doing business under the same trade name, regardless of
the type of ownership of the restaurant locations, shall list, adjacent
to each food item listed, on menus, menu boards, and other signs, the
total number of calories, grams of saturated plus trans fat, and
milligrams of sodium per menu item, as offered for sale, in a clear and
conspicuous manner,''.
(b) Nutrition Labeling for Foods Prepared in Restaurants and
Similar Retail Food Establishments but Not for Immediate Consumption.--
Section 403(q)(5)(A)(ii) (21 U.S.C. 343(q)(5)(A)(ii)) is amended by
adding at the end the following: ``except that such food, beverages,
and meals when it is processed and prepared primarily in a retail
establishment that is part of a chain with 20 or more outlets doing
business under the same trade name, regardless of the type of ownership
of the restaurant locations, shall list, adjacent to each food item
listed, on menus, menu boards, and other signs, the total number of
calories, grams of saturated plus trans fat, and milligrams of sodium
per menu item, as offered for sale, in a clear and conspicuous
manner,''.
(c) Vending Machines; Restaurant Menu Boards.--Section 403(q)(5)(A)
(21 U.S.C. 343(q)(5)(A)) is amended by adding after and below subclause
(v) the following:
``For purposes of the exceptions described in subclauses (i) and (ii),
nutrition labeling may be limited to the total number of calories for
foods, beverages and meals offered for sale in vending machines and
posted in restaurants on menu boards.''.
(d) Regulations.--
(1) In general.--The Secretary of Health and Human Services
shall issue proposed regulations to implement the amendments
made by this section within 12 months after the date of the
enactment of this Act. Such regulations shall require the
required information to be conveyed to the public in a manner
that enables the public to understand its relative significance
in the context of a total daily diet. Not later than 24 months
after the date of the enactment of this Act, the Secretary
shall issue final regulations to implement the requirements of
such subsection.
(2) Failure to promulgate final regulations by required
date.--If the Secretary of Health and Human Services does not
promulgate final regulations under paragraph (1) upon the
expiration of 24 months after the date of the enactment of this
Act, the proposed regulations issued in accordance with
paragraph (1) shall be considered as the final regulations upon
the expiration of such 24 months. There shall be promptly
published in the Federal Register notice of the new status of
the proposed regulations.
SEC. 4. VOLUNTARY PROVISION OF NUTRITION INFORMATION; STATE REGULATION
OF NUTRITION INFORMATION FOR RESTAURANT FOOD.
(a) Retail Food Establishments.--Nothing in this Act precludes
restaurants and similar retail food establishments from providing
additional nutrition information, voluntarily, provided that such
information complies with the nutrition labeling requirements contained
in section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act.
(b) State or Local Requirements.--Nothing in this Act precludes any
State or political subdivision of a State from requiring that
restaurants and similar food establishments provide additional
nutrition information beyond the requirements of this Act. | Menu Education and Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require restaurants that are part of a chain of at least 20 outlets doing business under the same trade name to provide the total number of calories, grams of saturated fat plus trans fat, and milligrams of sodium adjacent to any item on menus in a clear and conspicuous manner. Requires vending machines and restaurant menu boards to display the total number of calories of each item.
Requires the Secretary of Health and Human Services to propose implementing regulations within 12 months of the enactment of this Act.
Permits restaurants to provide additional nutritional information. Allows States and local governments to require additional nutritional information. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to ensure that consumers receive information about the nutritional content of restaurant foods."} | 1,559 | 156 | 0.3773 | 1.079702 | 0.621538 | 3.847328 | 10.648855 | 0.900763 |
SECTION 1. REPORT RELATING TO THE MURDERS OF JOHN BRANCHIZIO, MARK
PARSON, AND JOHN MARIN LINDE.
(a) Findings.--Congress makes the following findings:
(1) On October 15, 2003, a convoy of clearly identified
United States diplomatic vehicles was attacked by Palestinian
terrorists in Gaza resulting in the deaths of John Branchizio,
Mark Parson, and John Marin Linde, and the injury of a fourth
American.
(2) John Branchizio, Mark Parson, and John Marin Linde were
contract employees providing security to United States
diplomatic personnel who were visiting Gaza in order to
identify potential Palestinian candidates for scholarships
under the Fulbright Program.
(3) Senior officials of the Palestinian Authority have
stated that they were aware of the identities of the
Palestinian terrorists who killed John Branchizio, Mark Parson,
and John Marin Linde.
(4) Following her visit to Israel and the West Bank on
February 7, 2005, Secretary of State Condoleezza Rice announced
that she had been ``assured by President Abbas of the
Palestinian Authority's intention to bring justice to those who
murdered three American personnel in the Gaza in 2003''.
(5) Since the bombing on October 15, 2003, United States
Government personnel have been prohibited from all travel in
Gaza.
(6) The United States Rewards for Justice program is
offering a reward of up to $5,000,000 for information leading
to the arrest or conviction of any persons involved in the
murders of John Branchizio, Mark Parson, and John Marin Linde.
(7) The Palestinian terrorists who killed John Branchizio,
Mark Parson, and John Marin Linde have still not been brought
to justice.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the continued inability or unwillingness of the
Palestinian Authority to actively and aggressively pursue the
Palestinian terrorists who killed John Branchizio, Mark Parson,
and John Marin Linde and bring them to justice calls into
question the Palestinian Authority's suitability as a partner
for the United States in diplomatic efforts to resolve the
Palestinian-Israeli conflict;
(2) future United States assistance to the Palestinian
Authority may be suspended or conditioned, and the continued
operation of the PLO Representative Office in Washington may be
jeopardized, if the Palestinian Authority does not fully and
effectively cooperate in bringing to justice the Palestinian
terrorists who killed John Branchizio, Mark Parson, and John
Marin Linde; and
(3) it is in the vital national security interest of the
United States to safeguard, to the greatest extent possible
consistent with their mission, United States diplomats and all
embassy and consulate personnel, and to use the full power of
the United States to bring to justice any individual or entity
that threatens, jeopardizes, or harms them.
(c) Report.--Not later than 30 days after the date of the enactment
of this Act, and every 120 days thereafter, the Secretary of State
shall submit a report, on a classified basis if necessary, to the
appropriate congressional committees describing--
(1) efforts by the United States to bring to justice the
Palestinian terrorists who killed John Branchizio, Mark Parson,
and John Marin Linde;
(2) a detailed assessment of efforts by the Palestinian
Authority to bring to justice the Palestinian terrorists who
killed John Branchizio, Mark Parson, and John Marin Linde,
including--
(A) the number of arrests, interrogations, and
interviews by Palestinian Authority officials related
to the case;
(B) the number of Palestinian security personnel
and man-hours assigned to the case;
(C) the extent of personal supervision or
involvement by the President and Ministers of the
Palestinian Authority; and
(D) the degree of cooperation between the United
States and the Palestinian Authority in regards to this
case;
(3) a specific assessment by the Secretary of whether the
Palestinian efforts described in paragraph (2) constitute the
best possible effort by the Palestinian Authority; and
(4) any additional steps or initiatives requested or
recommended by the United States that were not pursued by the
Palestinian Authority.
(d) Certification.--The requirement to submit a report under
subsection (c) shall no longer apply if the Secretary of State
certifies to the appropriate congressional committees that the
Palestinian terrorists who killed John Branchizio, Mark Parson, and
John Marin Linde have been identified, arrested, and brought to
justice.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Passed the House of Representatives July 16, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Expresses the sense of Congress that: (1) the Palestinian Authority's (PA) continued inability or unwillingness to pursue and bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde calls into question the PA's suitability as a U.S. partner in diplomatic efforts to resolve the Palestinian-Israeli conflict; (2) future U.S. assistance to the PA may be suspended or conditioned, and the continued operation of the PLO Representative Office in Washington may be jeopardized, if the PA does not cooperate in bringing these individuals to justice; and (3) it is in the U.S. national interest to safeguard diplomats and all embassy and consulate personnel, and to use the full power of the United States to bring to justice any individual or entity that threatens or harms them.
Directs the Secretary of State, within 30 days after the date of the enactment of this Act and every 120 days thereafter, to report to the appropriate congressional committees describing U.S. and PA efforts to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde. | {"src": "billsum_train", "title": "To require the Secretary of State to submit to Congress a report on efforts to bring to justice the Palestinian terrorists who killed John Branchizio, Mark Parson, and John Marin Linde."} | 1,032 | 253 | 0.68716 | 2.544952 | 1.209949 | 5.889952 | 4.674641 | 0.923445 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graton Rancheria Restoration Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In their 1997 Report to Congress, the Advisory Council
on California Indian Policy specifically recommended the
immediate legislative restoration of the Graton Rancheria.
(2) The Federated Indians of Graton Rancheria Tribal
Council has made the express decision to restrict gaming
consistent with the provisions of this Act.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Indians of the Graton
Rancheria of California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Interim Tribal Council'' means the governing
body of the Tribe specified in section 7.
(4) The term ``member'' means an individual who meets the
membership criteria under section 6(b).
(5) The term ``State'' means the State of California.
(6) The term ``reservation'' means those lands acquired and
held in trust by the Secretary for the benefit of the Tribe.
(7) The term ``service area'' means the counties of Marin
and Sonoma, in the State of California.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Federal recognition is hereby restored to
the Tribe. Except as otherwise provided in this Act, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored, and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of the enactment of this Act.
(c) Federal Services and Benefits.--
(1) In general.--Without regard to the existence of a
reservation, the Tribe and its members shall be eligible, on
and after the date of enactment of this Act for all Federal
services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized
Indian tribes residing on a reservation, members of the Tribe
residing in the Tribe's service area shall be deemed to be
residing on a reservation.
(2) Relation to other laws.--The eligibility for or receipt
of services and benefits under paragraph (1) by a tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation
of any payment or other benefit to such tribe, individual, or
household under--
(A) any financial aid program of the United States,
including grants and contracts subject to the Indian
Self-Determination Act; or
(B) Any other benefit to which such tribe,
household, or individual would otherwise be entitled
under any Federal or federally assisted program.
(d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
its members.
(e) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) Lands To Be Taken in Trust.--Upon application by the Tribe, the
Secretary shall accept into trust for the benefit of the Tribe any real
property located in Marin or Sonoma County, California, for the benefit
of the Tribe after the property is conveyed or otherwise transferred to
the Secretary and if, at the time of such conveyance or transfer, there
are no adverse legal claims to such property, including outstanding
liens, mortgages, or taxes.
(b) Former Trust Lands of the Graton Rancheria.--Subject to the
conditions specified in this section, real property eligible for trust
status under this section shall include Indian owned fee land held by
persons listed as distributees or dependent members in the distribution
plan approved by the Secretary on September 17, 1959, or such
distributees' or dependent members' Indian heirs or successors in
interest.
(c) Lands To Be Part of Reservation.--Any real property taken into
trust for the benefit of the Tribe pursuant to this Act shall be part
of the Tribe's reservation.
(d) Gaming Restricted.--Notwithstanding subsection (c), real
property taken into trust for the benefit of the Tribe pursuant to this
Act shall not be exempt under section 20(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2719(b)).
(e) Lands To Be Nontaxable.--Any real property taken into trust for
the benefit of the Tribe pursuant to this section shall be exempt from
all local, State, and Federal taxation as of the date that such land is
transferred to the Secretary.
SEC. 6. MEMBERSHIP ROLLS.
(a) Compilation of Tribal Membership Roll.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for Membership.--
(1) Until a tribal constitution is adopted under section 8,
an individual shall be placed on the Graton membership roll if
such individual is living, is not an enrolled member of another
federally recognized Indian tribe, and if--
(A) such individual's name was listed on the Graton
Indian Rancheria distribution list compiled by the
Bureau of Indian Affairs and approved by the Secretary
of the Interior on September 17, 1959, under Public Law
85-671;
(B) such individual was not listed on the Graton
Indian Rancheria distribution list, but met the
requirements that had to be met to be listed on the
Graton Indian Rancheria distribution list;
(C) such individual is identified as an Indian from
the Graton, Marshall, Bodega, Tomales, or Sebastopol,
California, vicinities, in documents prepared by or at
the direction of the Bureau of Indian Affairs, or in
any other public or California mission records; or
(D) such individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A), (B), or (C).
(2) After adoption of a tribal constitution under section
8, such tribal constitution shall govern membership in the
Tribe.
(c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of
subsection (b), the Secretary shall accept any available evidence
establishing Graton Indian ancestry. The Secretary shall accept as
conclusive evidence of Graton Indian ancestry information contained in
the census of the Indians from the Graton, Marshall, Bodega, Tomales,
or Sebastopol, California, vicinities, prepared by or at the direction
of Special Indian Agent John J. Terrell in any other roll or census of
Graton Indians prepared by or at the direction of the Bureau of Indian
Affairs and in the Graton Indian Rancheria distribution list compiled
by the Bureau of Indian Affairs and approved by the Secretary on
September 17, 1959.
SEC. 7. INTERIM GOVERNMENT.
Until the Tribe ratifies a final constitution consistent with
section 8, the Tribe's governing body shall be an Interim Tribal
Council. The initial membership of the Interim Tribal Council shall
consist of the members serving on the date of enactment of this Act,
who have been elected under the tribal constitution adopted May 3,
1997. The Interim Tribal Council shall continue to operate in the
manner prescribed under such tribal constitution. Any vacancy on the
Interim Tribal Council shall be filled by individuals who meet the
membership criteria set forth in section 6(b) and who are elected in
the same manner as are Tribal Council members under the tribal
constitution adopted May 3, 1997.
SEC. 8. TRIBAL CONSTITUTION.
(a) Election; Time; Procedure.--After the compilation of the tribal
membership roll under section 6(a), upon the written request of the
Interim Council, the Secretary shall conduct, by secret ballot, an
election for the purpose of ratifying a final constitution for the
Tribe. The election shall be held consistent with sections 16(c)(1) and
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian
Reorganization Act; 25 U.S.C. 476(c)(1) and 76(c)(2)(A), respectively).
Absentee voting shall be permitted regardless of voter residence.
(b) Election of Tribal Officials; Procedures.--Not later than 120
days after the Tribe ratifies a final constitution under subsection
(a), the Secretary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted consistent with the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution. | Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; (2) not be exempt from the Indian Gaming Regulatory Act; and (3) be exempt from all local, State, and Federal taxation.
Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act.
Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a Tribal constitution; and (3) the election of Tribal officials under such constitution. | {"src": "billsum_train", "title": "Graton Rancheria Restoration Act"} | 2,135 | 190 | 0.532951 | 1.514646 | 0.696466 | 4.190476 | 11.297619 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Child Abuse Act of
2003''.
SEC. 2. AMENDMENTS TO THE VICTIMS OF CHILD ABUSE ACT OF 1990.
The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is
amended--
(1) in section 211 (42 U.S.C. 13001) by--
(A) redesignating paragraphs (6) and (7) as
paragraphs (9) and (10), respectively; and
(B) inserting after paragraph (5) the following:
``(6)(A) the National Children's Alliance (NCA) is a
nationwide not-for-profit membership organization whose members
are local Children's Advocacy Centers;
``(B) the NCA's mission is to assist communities seeking to
improve their response to child abuse by supporting the
development, growth, and continuation of Children's Advocacy
Centers (CACs); and
``(C) the NCA provides training, technical assistance, and
networking opportunities to CACs nationally;
``(7)(A) CACs are community partnerships committed to a
multidisciplinary team approach by professionals pursuing the
truth in child abuse investigations; and
``(B) CACs are based in child-friendly facilities that
enable law enforcement, prosecutors, child protective services,
and the medical and mental health communities to work as a team
to investigate, prosecute, and treat child abuse;
``(8)(A) working in partnership with the National
Children's Alliance, Regional Children's Advocacy Centers were
established by the Office of Juvenile Justice and Delinquency
Prevention to provide outreach and assistance to communities
seeking to develop a Children's Advocacy Center; and
``(B) Regional Children's Advocacy Centers provide
information, consultation, training, and technical assistance
helping to establish child-focused programs that facilitate and
support coordination among agencies responding to child abuse.
Regional Children's Advocacy Centers also provide regional
services to help Children's Advocacy Centers already in
existence;'';
(2) in section 212 (42 U.S.C. 13001a)--
(A) by striking paragraphs (3) and (6);
(B) redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(C) redesignating paragraphs (7), (8), and (9) as
paragraphs (5), (6), and (7), respectively;
(3) in section 213 (42 U.S.C. 13001b)--
(A) by striking the caption for the section and
inserting ``children's advocacy centers''; and
(B) in subsection (a), by striking beginning with
``the Administrator'' through paragraph (1) and
inserting the following: ``The Administrator of the
Office of Juvenile Justice and Delinquency Prevention
shall establish Regional Children's Advocacy Centers
to--
``(1) focus attention on child victims by assisting
communities to develop and maintain local Children's Advocacy
Centers which are child-focused community-oriented facility
based programs designed to improve the resources available to
children and families affected by child abuse and neglect;'';
(C) in subsection (b)(1), by striking ``, in
coordination with the Director,'';
(D) in subsection (c)--
(i) in paragraph (1), by striking the text
and inserting ``The Administrator, in
consultation with the National Children's
Alliance, shall solicit proposals for
assistance under this section when existing
contracts with Regional Children's Advocacy
Centers are close to expiration.''; and
(ii) in paragraph (4)(B), by striking the
matter before clause (i) and inserting the
following: ``The Administrator shall select
proposals for funding that--'';
(E) in subsection (d)--
(i) in paragraph (1), by striking ``, in
coordination with the Director,''; and
(ii) in paragraph (2), by striking ``and
the Director''; and
(F) by striking subsection (e);
(4) in section 214 (42 U.S.C. 13002)--
(A) by amending subsection (a) to read as follows:
``(a) In General.--The Administrator, in consultation with the
officials from the Office of Victims of Crime, shall make grants to
develop and implement local multidisciplinary child abuse
investigations and prosecution programs. The National Children's
Alliance shall serve as the subgrantor of these funds.''; and
(B) in subsection (b)(1), by striking ``, in
coordination with the Director,''; and
(5) in section 214B (42 U.S.C. 13004), by amending the text
to read as follows:
``(a) Sections 213 and 214.--There are authorized to be
appropriated to carry out sections 213 and 214, $15,000,000 for each of
fiscal years 2004 through 2008.
``(b) Section 214A.--There are authorized to be appropriated to
carry out section 214A, $5,000,000 for each of fiscal years 2004
through 2008.''. | Victims of Child Abuse Act of 2003 - Reauthorizes the Victims of Child Abuse Act of 1990. Revises requirements for the establishment of Regional Children's Advocacy Centers, removing the Director of the National Center on Child Abuse and Neglect from the process.
Revises assistance proposal solicitation requirements to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to solicit such proposals when existing contracts with Regional Children's Advocacy Centers are close to expiration.
Eliminates the Children's Advocacy Advisory Board.
Makes the National Children's Alliance the subgrantor of grants made by the Administrator to develop and implement local multidisciplinary child abuse investigations and prosecution programs. | {"src": "billsum_train", "title": "A bill to improve the investigation and prosecution of child abuse cases through Children Advocacy Centers."} | 1,154 | 162 | 0.516997 | 1.512663 | 0.753746 | 3.675 | 8.75 | 0.858333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Lead Poisoning Through
Nutrition Education Act of 2018''.
SEC. 2. NUTRITION OUTREACH PROGRAM TO RESPOND TO EXPOSURE TO LEAD.
(a) Implementation of Nutrition Education Program.--The Secretary
of Agriculture shall carry out a nutrition education program to be
called ``Well Fed Means Less Lead'' (in this section referred to as
WFMLL) to support communitywide messaging and outreach on both the
harmful impacts of lead exposure and the important role nutrition plays
in a diet protective against lead exposure, especially for children.
(b) Grants.--The Secretary shall make grants to eligible entities
that submit applications containing such terms and conditions as the
Secretary considers appropriate, to carry out WFMLL campaigns.
(c) Priority.--For the purpose of making grants under subsection
(b), the Secretary shall give priority to eligible entities that--
(1) are located in geographical areas in which there is a
large number of children with elevated blood lead levels; and
(2) agree to provide WFMLL--
(A) using culturally competent approaches,
including print materials, to conduct outreach to
targeted populations;
(B) using campaigns that are developed based on,
and responsive to, community needs; and
(C) that reaches a breadth of supplemental-
nutrition-assistance-program-eligible households and
low-income individuals (including pregnant women,
infants, toddlers, and parents of school-age children
at highest risk of elevated blood lead levels) through
multiple channels.
(d) Limitation.--In any fiscal year, no eligible entity may receive
more than 15 percent of the amount appropriated to carry out this
section in such fiscal year.
(e) Allowable Uses of Funds.--Grants made under subsection (b)
shall be used--
(1) to carry out communitywide education campaigns using
evidence-based materials that inform supplemental-nutrition-
assistance-program-eligible households and the greater
community about lead exposure, and may include multilingual
print materials, street-level billboards, and advertising on
radio or social media;
(2) to support outreach and education activities to inform
individuals of foods that can mitigate the impact of elevated
blood lead levels in children;
(3) to target WFMLL outreach through coordination with
community organizations and Department of Agriculture nutrition
programs serving pregnant women, infants, toddlers, and school-
age children;
(4) to implement strategies that are focused on increasing
consumption of certain foods and nutrients and that include
creating culturally competent materials, training community
organizations working with youth, offering community training,
and conducting door-to-door efforts during daylight hours;
(5) to promote and encourage participation in Federal
nutrition programs (including the supplemental nutrition
assistance program, the child and adult care food program, the
summer food service program, the national school lunch program,
and the special supplemental nutrition program for women,
infants, and children) as a means to improve nutrition and to
minimize lead absorption by using culturally relevant, family-
friendly, evidence-based educational materials reflective of
existing materials;
(6) to engage with local businesses, governmental entities,
civic organizations, community groups, and residents to
mobilize community partnerships around healthy eating and lead
poisoning prevention; and
(7) to develop systems that refer and link low-income
individuals and supplemental-nutrition-assistance-program-
eligible households to foods that provide nutrients essential
to creating a diet protective against lead.
(f) Definitions.--For purposes of this section:
(1) Eligible entity.--The term ``eligible entity'' means an
agency of a unit of general purpose local government, a
nonprofit entity serving children at highest risk of lead
poisoning, an emergency feeding organization, a food bank or
food pantry (as defined in section 201A of Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501)), a federally recognized
Tribe or Tribal organization, an urban Indian organization, a
local education agency, or a federally qualified health center.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2019 through 2023. | Combating Lead Poisoning Through Nutrition Education Act of 2018 This bill requires the Department of Agriculture to carry out a nutrition education program to support and award grants for community-wide messaging and outreach on: (1) the harmful impacts of lead exposure; and (2) the important role nutrition plays in a diet protective against lead exposure, especially for children. | {"src": "billsum_train", "title": "Combating Lead Poisoning Through Nutrition Education Act of 2018"} | 946 | 71 | 0.572997 | 1.464266 | 1.643782 | 4.724638 | 12.637681 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 1999''.
SEC. 2. COMPUTER SOFTWARE REQUIRED.
(a) Installation Required.--Any elementary or secondary school or
public library that has received under any program or activity of any
Federal agency any funds for the acquisition or operation of any
computer that is accessible to minors and that has access to the
Internet shall--
(1) install software on that computer that is determined
(in accordance with subsection (b)) to be adequately designed
to prevent minors from obtaining access to any obscene
information or child pornography using that computer; and
(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's
operation may be temporarily interrupted to permit a minor to
have access to information that is not obscene, is not child
pornography, or is otherwise unprotected by the Constitution
under the direct supervision of an adult designated by such
school or library.
(b) Determination of Adequate Design.--For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any State, the
determinations required for purposes of subsection (a)(1) shall be made
by the Secretary of Education.
(c) Consequences of Violations.--
(1) Use of general education provisions act remedies.--
Whenever the head of any Federal agency has reason to believe
that any recipient of funds under any program or activity is
failing to comply substantially with the requirements of
subsection (a), the head of such agency may--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) enter into a compliance agreement with a
recipient to bring it into compliance,
in same manner as the Secretary of Education is authorized to
take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act (20
U.S.C. 1234d).
(2) Recovery of funds prohibited.--The actions authorized
by paragraph (1) are the exclusive remedies available with
respect to a violation of subsection (a), and the head of any
Federal agency shall not seek a recovery of funds from the
recipient.
(d) Definitions.--For purposes of this section:
(1) Elementary or secondary school.--The term ``elementary
or secondary school'' means an elementary school or a secondary
school as such terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Public library.--The term ``public library'' means has
the meaning given the term ``library'' by section 213 of the
Library Services and Technology Act (20 U.S.C. 9122).
(3) Computer.--The term ``computer'' includes any hardware,
software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
(4) Access to internet.--A computer shall be considered to
have access to the Internet if such computer is equipped with a
modem or is connected to a computer network which has access to
the Internet.
(5) Acquisition or operation.--A elementary or secondary
school or public library shall be considered to have received
under a program or activity of any Federal agency any funds for
the acquisition or operation of any computer if such funds are
used in any manner, directly or indirectly--
(A) to purchase, lease, or otherwise acquire or
obtain the use of such computer, or
(B) to obtain services, supplies, software, or
other actions or materials to support, or in connection
with, the operation of such computer.
(6) Federal agency.--The term ``Federal agency'' has the
meaning given the term `agency' by section 551(1) of title 5,
United States Code.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code. | Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors.
Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the State Governor.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. | {"src": "billsum_train", "title": "Child Protection Act of 1999"} | 1,003 | 256 | 0.7415 | 2.163044 | 0.973411 | 5.468468 | 4.202703 | 0.90991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2014''.
SEC. 2. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C.
777c) is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2021'';
(2) by amending the heading in subsection (b) to read as
follows: ``Set-asides.--'';
(3) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``2014'' and
inserting ``2021'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``each of
fiscal years 2001 and 2002, $9,000,000'' and
inserting ``fiscal year 2015, $11,896,000'';
(ii) in clause (ii), by striking ``2003,
$8,212,000'' and inserting ``2016,
$12,299,000''; and
(iii) in clause (iii), by striking ``2004''
and inserting ``2017''; and
(C) by adding at the end the following:
``(C) Set-aside for boating safety.--
``(i) In general.--From the annual
appropriation made in accordance with section
3, for each fiscal year through 2021, the
Secretary shall transfer to the Secretary of
the department in which the Coast Guard is
operating--
``(I) $5,000,000 for the purposes
set forth in section 13107(c) of title
46, United States Code;
``(II) $200,000 to fund the
National Boating Safety Advisory
Council established under section 13110
of title 46, United States Code, and
the authorized activities of the
Council; and
``(III) not less than $7,000,000
for national boating safety activities
of national nonprofit public service
organizations, and such sums made
available for allocation and
distribution shall remain available
until expended.
``(ii) Limitation.--The amounts specified
in clause (i) for a fiscal year may not be
included in the amount of the annual
appropriation distributed under subsection (a)
of this section for the fiscal year.'';
(4) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``under
paragraph (1) shall remain available for obligation for
use under that paragraph'' and inserting ``under
paragraph (1)(B) shall remain available for obligation
for use under paragraph (1)(A)''; and
(B) in subparagraph (B)--
(i) by striking ``under paragraph (1)'' and
inserting ``under paragraph (1)(B)''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsection (c)'';
(5) in subsection (d), by striking ``So much of any sum not
allocated'' and inserting ``Except as otherwise provided in
this section, so much of any sum not allocated''; and
(6) in subsection (e)--
(A) in paragraph (1), by striking ``those
subsections'' and inserting ``those paragraphs'';
(B) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--For fiscal year 2015, the Secretary
of the Interior may use not more than $1,200,000 in accordance
with paragraph (1). For each fiscal year thereafter, the
maximum amount that the Secretary of the Interior may use in
accordance with paragraph (1) shall be determined under
paragraph (3).''; and
(C) by adding at the end the following:
``(3) Annual adjusted maximum amount.--The maximum amount
referred to in paragraph (2) for fiscal year 2016 and each
fiscal year thereafter shall be the sum of--
``(A) the available maximum amount for the
preceding fiscal year; and
``(B) the amount determined by multiplying--
``(i) the available maximum amount for the
preceding fiscal year; and
``(ii) the change, relative to the
preceding fiscal year, in the Consumer Price
Index for All Urban Consumers published by the
Department of Labor.''.
SEC. 3. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND.
Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended
by striking ``2014,'' and inserting ``2021,''.
SEC. 4. RECREATIONAL BOATING SAFETY ALLOCATIONS.
Section 13104 of title 46, United States Code, is amended by
striking subsection (c).
SEC. 5. RECREATIONAL BOATING SAFETY.
Section 13107(c) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (b)(1)(C)''; and
(B) by striking ``(16 U.S.C. 777c(a)(2))'' and all
that follows through the end and inserting ``(16 U.S.C.
777c(b)(1)(C))--
``(A) $5,000,000 is available to the Secretary for
payment of expenses of the Coast Guard for personnel
and activities directly related to coordinating and
carrying out the national recreational boating safety
program under this title, of which not less than
$2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title;
``(B) $200,000 is available to the Secretary to
fund the National Boating Safety Advisory Council and
its authorized activities; and
``(C) not less than $7,000,000 is available to the
Secretary for national boating safety activities of
national nonprofit public service organizations.''; and
(2) in paragraph (3), by striking ``Amounts made
available'' and inserting ``Except for amounts made available
by paragraph (1)(C), amounts made available''.
SEC. 6. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110(e) of title 46, United States Code, is amended by
striking ``2020'' and inserting ``2021''. | . Sport Fish Restoration and Recreational Boating Safety Act of 2014 - Amends the Federal Aid in Fish Restoration Act to reauthorize through FY2021 the Sport Fish Restoration and Boating Trust Fund. Extends the distributions of appropriations to: (1) the Department of the Interior for coastal wetlands distributions, the Clean Vessel Act of 1992, boating infrastructure, and national outreach and communications; and (2) the Department of Homeland Security (the department in which the Coast Guard is operating) for state recreational boating safety programs. Sets forth a formula that determines the maximum amount Interior may spend on administrative expenses incurred to implement the Act. Sets forth separate set-aside amounts through FY2021 for Coast Guard national recreational boating safety personnel and activities, the National Boating Safety Advisory Council (NBSAC), and boating safety activities of national nonprofit public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions through September 30, 2021. Revokes a limitation on the amount the Coast Guard is authorized to allocate for national boating safety activities of national nonprofit public service organizations. Extends the NBSAC through September 30, 2021. | {"src": "billsum_train", "title": "Sport Fish Restoration and Recreational Boating Safety Act of 2014"} | 1,403 | 254 | 0.578452 | 1.560858 | 0.788916 | 2.549763 | 6.052133 | 0.78673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Disability
Insurance Act of 2010''.
SEC. 2. NON-WORK RELATED DISABILITY INSURANCE.
(a) Title 5, United States Code, is amended by adding after chapter
87 the following:
``CHAPTER 88--NON-WORK RELATED DISABILITY INSURANCE
``Sec.
``8801. Definitions.
``8802. Availability of insurance.
``8803. Contracting authority.
``8804. Benefits.
``8805. Premiums.
``8806. Preemption.
``8807. Studies, reports, and audits.
``8808. Jurisdiction of courts.
``8809. Administrative functions.
``8810. Cost accounting standards.
``Sec. 8801. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management;
``(2) the term `employee' has the meaning given such term
in section 8901(1);
``(3) the term `carrier' means a voluntary association,
corporation, partnership, or other nongovernmental organization
which is lawfully engaged in providing, paying for, or
reimbursing lost wages or salaries under group insurance
policies or contracts, membership or subscription contracts, or
similar group arrangements, in consideration of premiums or
other periodic charges payable to the carrier, including an
insurance plan duly sponsored or underwritten by an employee
organization and an association of organizations or other
entities described in this paragraph sponsoring a temporary
benefits plan;
``(4) the term `injury' includes an injury related to
pregnancy and childbirth;
``(5) the term `sickness' includes a sickness related to
pregnancy and childbirth;
``(6) the term `State' includes the District of Columbia;
and
``(7) the term `totally disabled', used with respect to an
employee, means such employee is unable to perform the
essential functions of such employee's position.
``Sec. 8802. Availability of insurance
``(a) The Director shall establish and administer a program to make
available insurance coverage under this chapter for an injury occurring
outside the workplace or other disability otherwise not covered under
chapter 81.
``(b) Insurance shall not be available under this chapter if the
injury of an employee is caused by such employee's intention to bring
about the injury to himself or to another individual.
``(c) In addition to the requirements otherwise applicable under
section 8801(3), an insurance contract under this chapter must be fully
insured, whether through reinsurance with other carriers or otherwise.
``Sec. 8803. Contracting authority
``(a) The Director shall, without regard to section 5 of title 41
or any other statute requiring competitive bidding, contract with one
or more carriers for a policy or policies of disability insurance as
described under this chapter. The Director shall ensure that each
resulting contract is awarded on the basis of contractor
qualifications, price, and reasonable competition.
``(b)(1) Each contract under this section shall contain--
``(A) a detailed statement of the benefits offered
(including any maximums, limitations, exclusions, and other
definitions of benefits);
``(B) the premiums charged (including any limitations or
other conditions on their subsequent adjustment);
``(C) the terms of the enrollment period; and
``(D) such other terms and conditions (including procedures
for establishing eligibility for insurance under this chapter)
as may be determined by the Director, consistent with the
requirements of this chapter.
``(2) Premiums charged under a contract under this section shall
reasonably and equitably reflect the cost of the benefits provided, as
determined by the Director.
``(c)(1) Each contract under this section shall require the
carrier--
``(A) to provide payments or benefits described in
subsection (c) or (d) of section 8804 to an employee if such
employee is entitled thereto under the terms of the contract;
and
``(B) with respect to disputes regarding claims for
payments or benefits under the terms of the contract--
``(i) to establish internal procedures designed to
resolve such disputes expeditiously; and
``(ii) to establish for disputes not resolved
through procedures under clause (i), procedures for one
or more alternative means of dispute resolution
involving independent third-party review under
circumstances acceptable to the Director.
``(2) The carrier's determination as to whether or not a particular
employee is eligible to obtain insurance coverage under this chapter
shall be subject to review to the extent and in the manner provided in
the applicable master contract.
``(3) Nothing in this chapter shall be considered to grant
authority for the third-party reviewer to change the terms of any
contract under this chapter.
``(d)(1) Each contract under this section shall be for a term of 7
years, unless terminated earlier by the Director in accordance with the
terms of such contract. However, the rights and responsibilities of the
enrolled employee, the insurer, and the Director under each contract
shall continue with respect to such employee until the termination of
coverage of the enrolled employee or the effective date of a successor
contract.
``(2) A 7-year contract described in paragraph (1) may be made
automatically renewable, for a term of 1 year each January first,
unless written notice of non-renewal is given either by the Director or
the carrier not less than 180 calendar days before the renewal date, or
unless modified by mutual agreement.
``(3) A 7-year contract described in paragraph (1) shall include
such provisions as may be necessary to ensure that, once an employee
becomes duly enrolled, insurance coverage pursuant to that enrollment
shall be terminated only if the individual is separated from Federal
service or, where appropriate, for non-payment of premiums.
``Sec. 8804. Benefits
``(a) The Director may prescribe reasonable minimum standards for
benefit plans offered under this chapter. The benefits under this
chapter shall provide for benefits as described in subsections (c) and
(d).
``(b)(1) Benefits under this chapter may supplement other benefits
of an employee, including worker's compensation and disability
retirement income.
``(2) A contract providing benefits under this chapter shall not
provide for a preexisting condition exclusion.
``(c)(1) An eligible employee may receive benefits under this
chapter during the first 12 months that an employee qualifies for such
benefits. An employee shall receive such benefits after the expiration
of the waiting period selected by such employee under paragraph (2)(A).
The amount of benefits shall be the lesser of--
``(A) 70 percent of the monthly pay, excluding bonuses, of
an employee at the time of the injury or sickness of such
employee occurs; or
``(B) 70 percent of the maximum rate of basic pay provided
for grade GS-15 of the general schedule.
``(2)(A) The period for which benefits are payable to an employee
under this subsection will begin after the completion of a waiting
period. An employee shall elect one of the following waiting period
options:
``(i) On the 8th day of continuous disability.
``(ii) On the 31st day of continuous disability.
``(iii) On the 91st day of continuous disability.
``(iv) On the 181st day of continuous disability.
``(B) Employees who elect to receive benefits earlier shall pay a
higher premium.
``(d)(1) An employee may receive benefits after the 12-month period
established under subsection (c) has expired only if such employee is
totally disabled due to injury or sickness.
``(2) The amount of total disability benefits shall be 50 percent
of an employee's monthly pay, excluding bonuses, at the time of the
benefits under subsection (c) have expired. Total disability benefits
shall not be available to an employee once such employee reaches the
age of 67.
``(e) A contract approved under this chapter shall require the
carrier to cover the geographic service delivery area specified by the
Director. The Director shall require carriers to include non-work
related disability underserved areas in their service delivery areas.
``(f) A surviving spouse, disability annuitant, or surviving child
whose annuity is terminated and is later restored, may continue
enrollment in a disability benefits plan subject to the terms and
conditions prescribed in regulations issued by the Office.
``Sec. 8805. Premiums
``(a) Each eligible individual obtaining insurance coverage under
this chapter shall be responsible for 100 percent of the premiums for
such coverage.
``(b) The amount necessary to pay the premiums for enrollment shall
be withheld from the pay of the enrolled individual.
``(c) The carrier participating under this chapter shall maintain
records that permit it to account for all amounts received under this
chapter (including investment earnings on those amounts) separate and
apart from all other funds.
``(d)(1)(A) The Employees' Life Insurance Fund is available,
without fiscal year limitation, for reasonable expenses incurred in
administering this chapter before the start of the first term described
in section 8803(d)(1), including reasonable implementation costs.
``(B) Such Fund shall be reimbursed, before the end of the first
year of the first 7-year period described in section 8803(d)(1), for
all amounts obligated or expended under subparagraph (A) (including
lost investment income). Reimbursement under this subparagraph shall be
made by the carrier in accordance with applicable provisions included
in the relevant contract.
``(C)(i) There is hereby established in the Employees' Life
Insurance Fund a Non-Work Related Disability Insurance Administrative
Account, which shall be available to the Office of Personnel
Management, without fiscal year limitation, to defray reasonable
expenses incurred by the Office in administering this chapter after the
start of the first term described in section 8803(d)(1).
``(ii) A contract under this chapter shall include appropriate
provisions under which the carrier involved shall, during each year,
make such periodic contributions to the Non-Work Related Disability
Insurance Administrative Account as necessary to ensure that the
reasonable anticipated expenses of the Office of Personnel Management
in administering this chapter during such year (adjusted to reconcile
for any earlier overestimates or underestimates under this
subparagraph) are defrayed.
``(e) Nothing in this chapter shall, in the case of an enrolled
individual applying for an extension of disability insurance coverage
under this chapter after the expiration of such enrolled individual's
first opportunity to enroll, preclude the application of underwriting
standards for later enrollment.
``Sec. 8806. Preemption
``(a) The terms of any contract under this chapter which relate to
the nature, provision, or extent of coverage or benefits (including
payments with respect to benefits) shall supersede and preempt any
State, territorial, tribal, or local law, or any regulation issued
thereunder, which relates to non-work related disability insurance or
contracts.
``(b)(1) No tax, fee, or other monetary payment may be imposed or
collected, directly or indirectly, by any State, territory, tribe, or
locality, or by any political subdivision or other governmental
authority thereof, on, or with respect to, any premium paid for an
insurance policy under this chapter.
``(2) Paragraph (1) shall not be construed to exempt any company or
other entity issuing a policy of insurance under this chapter from the
imposition, payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to or realized by such
entity from business conducted under this chapter, if that tax, fee, or
payment is applicable to a broad range of business activity.
``(c) No law of a State, territory, tribe, or locality, pertaining
to subrogation or reimbursement with respect to benefits provided under
this chapter, shall operate except as expressly adopted by the
Director.
``Sec. 8807. Studies, reports, and audits
``(a) A contract under this chapter shall contain provisions
requiring the carrier to furnish such reasonable reports as the
Director determines to be necessary to enable the Director to carry out
the Director's functions under this chapter.
``(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Director, the carrier, or both, with
such information and reports as the Director may require.
``(c) The Director shall conduct periodic reviews of each plan
under this chapter to ensure its competitiveness.
``Sec. 8808. Jurisdiction of courts
``The district courts of the United States have original
jurisdiction, concurrent with the United States Court of Federal
Claims, of a civil action or claim against the United States under this
chapter after such administrative remedies as required under section
8803(c) have been exhausted, but only to the extent judicial review is
not precluded by any dispute resolution or other remedy under this
chapter.
``Sec. 8809. Administrative functions
``(a)(1) Except as otherwise provided in this chapter, the Director
shall prescribe regulations necessary to carry out this chapter and to
make arrangements as necessary with other agencies and payroll systems
to implement the program.
``(2) Except as otherwise provided by law, the Director shall
specify in regulation the treatment of time spent by an individual in
receipt of benefits under this chapter for the purposes of periodic
increases in pay, retention purposes, and other rights, benefits, and
conditions of employment for which length of service is a factor.
``(b) The carrier shall provide for periodic coordinated
enrollment, promotion, and education efforts, as specified by the
Director.
``Sec. 8810. Cost accounting standards
``The cost accounting standards issued pursuant to section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) shall
not apply with respect to an insurance contract under this chapter.''.
(b) The analysis for part III of title 5, United States Code, is
amended by adding at the end of subpart G the following:
``88. Non-Work Related Disability Insurance................. 8801''. | Federal Employee Disability Insurance Act of 2010 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program to make available insurance coverage for an injury occurring outside the workplace or for other disability otherwise not covered under federal employee worker's compensation provisions. Makes such insurance unavailable if the injury is caused by the employee's intention to bring about the injury to himself or to another individual. Requires an insurance contract under this provision to be fully insured.
Requires the Director to contract with one or more carriers for such disability insurance policies. Authorizes the Director to prescribe reasonable minimum standards for benefit plans offered. Prohibits such a contract from providing for a preexisting condition exclusion.
Allows an eligible employee to receive: (1) during the first 12 months that he or she qualifies, benefits equal to the lesser of 70% of his or her monthly pay at the time the injury or sickness occurs or 70% of the maximum rate of basic pay provided for grade GS-15 of the general schedule, beginning after expiration of the waiting period elected by the employee; and (2) after such 12-month period, benefits equal to 50% of monthly pay until age 67, only if such employee is totally disabled.
Requires each eligible individual obtaining insurance coverage under this Act to be responsible for 100% of the premiums, which shall be higher for employees who elect a shorter waiting period.
Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses. | {"src": "billsum_train", "title": "To provide for a voluntary, non-work related disability insurance program for Federal employees."} | 3,097 | 360 | 0.494083 | 1.543041 | 0.75761 | 3.582555 | 9.41433 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 1998''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2000; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is a national of Liberia; and
(2)(A) who was granted temporary protected status on or
after March 27, 1991; or
(B) was eligible to apply for temporary protected status on
or after March 27, 1991.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Liberia;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or daughter shall be
required to establish that they have been physically present in the
United States for at least 1 year and is physically present in the
United States on the date the application for such adjustment is filed.
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise eligible to receive an
immigration visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Liberian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status as of a specified date. | {"src": "billsum_train", "title": "Liberian Refugee Immigration Fairness Act of 1998"} | 1,419 | 50 | 0.575725 | 1.415067 | 0.938189 | 2.076923 | 34.461538 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ambulatory Surgical Center Quality
and Access Act of 2013''.
SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL CENTER SERVICES WITH
UPDATES FOR OPD SERVICES.
Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C.
13951(i)(2)(D)) is amended--
(1) by redesignating clause (vi) as clause (vii);
(2) in the first sentence of clause (v), by inserting
before the period the following: ``and, in the case of 2014 or
a subsequent year, by the adjustment described in subsection
(t)(3)(G) for the respective year''; and
(3) by inserting after clause (v) the following new clause:
``(vi) In implementing the system described
in clause (i) for 2014 and each subsequent
year, there shall be an annual update under
such system for the year equal to the OPD fee
schedule increase factor specified under
subsection (t)(3)(C)(iv) for such year,
adjusted in accordance with clauses (iv) and
(v).''.
SEC. 3. TRANSPARENCY OF QUALITY REPORTS AND APPLICATION OF VALUE-BASED
PURCHASING TO ASCS.
(a) Quality Measures.--Paragraph (7) of section 1833(i) of the
Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the
end the following new subparagraphs:
``(C) To the extent that quality measures
implemented by the Secretary under this paragraph for
ambulatory surgical centers and under section
1833(t)(17) for hospital outpatient departments are
applicable to the provision of surgical services in
both ambulatory surgical centers and hospital
outpatient departments, the Secretary shall make
reported data available on the website `Medicare.gov'
in a manner that will permit side-by-side comparisons
on such measures for ambulatory surgical centers and
hospital outpatient departments in the same geographic
area.
``(D) For each procedure covered for payment in an
ambulatory surgical center, the Secretary shall
publish, along with the quality reporting comparisons
provided for in subparagraph (C), comparisons of the
Medicare payment and beneficiary copayment amounts for
the procedure when performed in ambulatory surgical
centers and hospital outpatient departments in the same
geographic area.
``(E) The Secretary shall ensure that an ambulatory
surgery center and a hospital has the opportunity to
review, and submit any corrections for, the data to be
made public with respect to the ambulatory surgery
center under subparagraph (C)(ii) prior to such data
being made public.''.
(b) Ambulatory Surgical Center Value-Based Purchasing Program.--
Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is
amended by adding at the end the following new paragraph:
``(8) Value-based purchasing program.--
``(A) Establishment.--The Secretary shall establish
an ambulatory surgical center value-based purchasing
program (in this subsection referred to as the
`Program') under which, subject to subparagraph (I),
each ambulatory surgical center that the Secretary
determines meets (or exceeds) the performance standards
under subparagraph (D) for the performance period (as
established under subparagraph (E)) for a calendar year
is eligible, from the amounts made available in the
total shared savings pool under subparagraph (I)(iv),
for shared savings under subparagraph (I), which shall
be in the form, after application of the adjustments
under clauses (iv), (v), and (vi) of paragraph (2)(D),
of an increase in the amount of payment determined
under the payment system under paragraph (2)(D) for
surgical services furnished by such center during the
subsequent year, by the value-based percentage amount
under subparagraph (H) specified by the Secretary for
such center and year.
``(B) Program start date.--The Program shall apply
to payments for procedures occurring on or after
January 1, 2015.
``(C) Measures.--
``(i) In general.--For purposes of the
Program, the Secretary shall select measures
from the measures specified under paragraph
(7).
``(ii) Availability of measure and data.--
The Secretary may not select a measure under
this paragraph for use under the Program with
respect to a performance period for a calendar
year unless such measure has been included, and
the reported data available, on the website
`Medicare.gov', for at least 1 year prior to
the beginning of such performance period.
``(iii) Measure not applicable unless asc
furnishes services appropriate to measure.--A
measure selected under this paragraph for use
under the Program shall not apply to an
ambulatory surgical center if such center does
not furnish services appropriate to such
measure.
``(D) Performance standards.--
``(i) Establishment.--The Secretary shall
establish performance standards with respect to
measures selected under subparagraph (C)(i) for
a performance period for a calendar year.
``(ii) Achievement and improvement.--The
performance standards established under clause
(i) shall include levels of achievement and
improvement.
``(iii) Timing.--The Secretary shall
establish and announce the performance
standards under clause (i) not later than 60
days prior to the beginning of the performance
period for the calendar year involved.
``(E) Performance period.--For purposes of the
Program, the Secretary shall establish the performance
period for a calendar year. Such performance period
shall begin and end prior to the beginning of such
calendar year.
``(F) ASC performance score.--The Secretary shall
develop a methodology for assessing the total
performance of each ambulatory surgery center based on
performance standards with respect to the measures
selected under subparagraph (C) for a performance
period (as established under subparagraph (E)). Using
such methodology, the Secretary shall provide for an
assessment (in this subsection referred to as the `ASC
performance score') for each ambulatory surgical center
for each performance period. The methodology shall
provide that the ASC performance score is determined
using the higher of its achievement or improvement
score for each measure.
``(G) Appeals.--The Secretary shall establish a
process by which ambulatory surgery centers may appeal
the calculation of the ambulatory surgery center's
performance with respect to the performance standards
established under subparagraph (D) and the ambulatory
surgery center performance score under subparagraph
(E). The Secretary shall ensure that such process
provides for resolution of appeals in a timely manner.
``(H) Calculation of value-based incentive
payment.--
``(i) Value-based percentage amount.--For
purposes of subparagraph (A), the Secretary
shall specify a value-based percentage amount
for an ambulatory surgical center for a
calendar year.
``(ii) Requirements.--In specifying the
value-based percentage amount for each
ambulatory surgical center for a calendar year
under clause (i), the Secretary shall ensure
that such percentage is based on--
``(I) the ASC performance score of
the ambulatory surgery center under
subparagraph (F); and
``(II) the amount of the total
savings pool made available under
subparagraph (I)(iii)(I) for such year.
``(I) Annual calculation of shared savings funding
for value-based incentive payments.--
``(i) Determining bonus pool.--In each year
of the Program, ambulatory surgery centers
shall be eligible to receive payment for shared
savings under the Program only if for such year
the sum of--
``(I) the estimated amount of
expenditures under this title for
Medicare fee-for-service beneficiaries
(as defined in section 1899(h)(3)) for
surgical services for which payment is
made under the payment system under
paragraph (2), adjusted for beneficiary
characteristics, and
``(II) the estimated amount of
expenditures under this title for
Medicare fee-for-service beneficiaries
(as so defined) for the same surgical
services for which payment is made
under the prospective payment system
under subsection (t), adjusted for
beneficiary characteristics,
is at least the percent specified by the
Secretary below the applicable benchmark
determined for such year under clause (ii). For
purposes of this subparagraph, such sum shall
be referred to as `estimated expenditures'. The
Secretary shall determine the appropriate
percent described in the preceding sentence to
account for normal variation in volume of
services under this title and to account for
changes in the coverage of services in
ambulatory surgery centers and hospital
outpatient departments during the performance
period involved.
``(ii) Establish and update benchmark.--For
purposes of clause (i), the Secretary shall
calculate a benchmark for each year described
in such clause equal to the product of--
``(I) estimated expenditures
described in clause (i) for such year,
and
``(II) the average annual growth in
estimated expenditures for the most
recent three years.
Such benchmark shall be reset at the start of
each calendar year, and adjusted for changes in
enrollment under the Medicare fee-for-service
program.
``(iii) Payments based on shared savings.--
If the requirement under clause (i) is met for
a year--
``(I) 50 percent of the total
savings pool estimated under clause
(iv) for such year shall be made
available for shared savings to be paid
to ambulatory surgical centers under
this paragraph;
``(II) a percent (as determined
appropriate by the Secretary, in
accordance with subparagraph (H)) of
such amount made available for such
year shall be paid as shared savings to
each ambulatory surgery center that is
determined under the Program to have
met or exceeded performance scores for
such year; and
``(III) all funds made available
under subclause (I) for such year shall
be used and paid as sharing savings for
such year in accordance with subclause
(II).
``(iv) Estimate of the total savings
pool.--For purposes of clause (iii), the
Secretary shall estimate for each year of the
Program the total savings pool as the product
of--
``(I) the conversion factor for
such year determined by the Secretary
under the payment system under
paragraph (2)(D) divided by the
conversion factor calculated under
subsection (t)(3)(C) for such year for
covered OPD services, multiplied by
100, and
``(II)(aa) the product of the
estimated Medicare expenditures for
surgical services described in clause
(i)(I) furnished during such year to
Medicare fee-for-service beneficiaries
(as defined in section 1899(h)(3)) for
which payment is made under subsection
(t) and the average annual growth in
the estimated Medicare expenditures for
such services furnished to Medicare
fee-for-service beneficiaries (as so
defined) for which payment is made
under subsection (t) in the most recent
available 3 years, less
``(bb) the estimated Medicare
expenditures for surgical services
described in clause (i)(I) furnished to
Medicare fee-for-service beneficiaries
for which payment was made under
subsection (t) in the most recent year.
``(J) No effect in subsequent calendar years.--The
value-based percentage amount under subparagraph (H)
and the percent determined under subparagraph
(I)(iii)(I) shall apply only with respect to the
calendar year involved, and the Secretary shall not
take into account such amount or percentage in making
payments to an ambulatory surgery center under this
section in a subsequent calendar year.''.
SEC. 4. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAYMENT REPRESENTATION.
(a) ASC Representative.--The second sentence of section
1833(t)(9)(A) of the Social Security Act (42 U.S.C. 1395l(t)(9)(A)) is
amended by inserting ``and suppliers subject to the prospective payment
system (including at least one ambulatory surgical center
representative)'' after ``an appropriate selection of representatives
of providers''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 5. REASONS FOR EXCLUDING ADDITIONAL PROCEDURES FROM ASC APPROVED
LIST.
(a) In General.--Section 1833(i)(1) of the Social Security Act (42
U.S.C. 1395l(i)(1)) is amended by adding at the end the following: ``In
updating such lists for application in years beginning after the date
of the enactment of this sentence, for each procedure that was
requested to be included in such lists during the public comment period
but which the Secretary does not propose (in the final rule updating
such lists) to so include in such lists, Secretary shall cite in such
final rule the specific criteria in paragraph (b) or (c) of section
416.166 of title 42, Code of Federal Regulations, based on which the
procedure was excluded. If paragraph (b) of such section is cited for
exclusion of a procedure, the Secretary shall identify the peer
reviewed research or the evidence upon which such determination is
based. The Secretary may not use or cite section 416.166(c)(7) of such
title as criteria or a basis for exclusion of a procedure from such
lists.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to lists of ambulatory surgery procedures for application in
years beginning after the date of the enactment of this Act. | Ambulatory Surgical Center Quality and Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to require alignment of updates for ambulatory surgical center (ASC) services under a revised prospective payment system (PPS) with updates for hospital outpatient department (OPD) services. Revises requirements for the reporting and applying of quality measure data by ASCs and hospital OPDs. Directs the Secretary of Health and Human Services (HHS) to establish an ASC value-based purchasing program under which each ASC that the Secretary determines meets (or exceeds) performance standards established, with respect to selected quality measures, for the performance period for a calendar year is eligible for shared savings in the form of a payment increase determined according to a specified formula. Revises requirements for the composition of the expert outside advisory panel the Secretary is required to consult during the annual review of the clinical integrity of the groups and payment weights in the PPS for hospital OPD services. Requires the panel to include suppliers subject to the PPS as well as at least one ASC representative. Requires the Secretary, when excluding from a final rule updating ASC lists a procedure whose inclusion was requested during the public comment period, to cite in the final rule specific criteria based on which the procedure was excluded. Requires the Secretary also to identify the peer reviewed research or the evidence upon which the exclusion is based if certain of those criteria are cited for it. Prohibits the Secretary from using or citing as a criterion or a basis for an exclusion that the procedure can only be reported using a Current Procedural Terminology (CPT) unlisted surgical procedure code. | {"src": "billsum_train", "title": "Ambulatory Surgical Center Quality and Access Act of 2013"} | 3,068 | 383 | 0.577614 | 1.868219 | 0.803731 | 2.100977 | 9.009772 | 0.837134 |
SECTION 1. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY ACCOUNT
NUMBER CARD.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section 274A
of the Immigration and Nationality Act, the Commissioner of
Social Security (in this section referred to as the
``Commissioner'') shall make such improvements to the physical
design, technical specifications, and materials of the social
security account number card as are necessary to ensure that it
is a genuine official document and that it offers the best
possible security against counterfeiting, forgery, alteration,
and misuse.
(2) Performance standards.--In making the improvements
required in paragraph (1), the Commissioner shall--
(A) make the card as secure against counterfeiting
as the 100 dollar Federal Reserve note, with a rate of
counterfeit detection comparable to the 100 dollar
Federal Reserve note, and
(B) make the card as secure against fraudulent use
as a United States passport.
(3) Reference.--In this section, the term ``secured social
security account number card'' means a social security account
number card issued in accordance with the requirements of this
subsection.
(4) Effective date.--All social security account number
cards issued after January 1, 2000, whether new or replacement,
shall be secured social security account number cards.
(b) Use for Employment Verification.--Beginning on January 1, 2006,
a document described in section 274A(b)(1)(C) of the Immigration and
Nationality Act is a secured social security account number card (other
than such a card which specifies on the face that the issuance of the
card does not authorize employment in the United States).
(c) Not a National Identification Card.--Cards issued pursuant to
this section shall not be required to be carried upon one's person, and
nothing in this section shall be construed as authorizing the
establishment of a national identification card.
(d) No New Databases.--Nothing in this section shall be construed
as authorizing the establishment of any new databases.
(e) Education Campaign.--The Commissioner of Immigration and
Naturalization, in consultation with the Commissioner of Social
Security, shall conduct a comprehensive campaign to educate employers
about the security features of the secured social security card and how
to detect counterfeit or fraudulently used social security account
number cards.
(f) Annual Reports.--The Commissioner of Social Security shall
submit to Congress by July 1 of each year a report on--
(1) the progress and status of developing a secured social
security account number card under this section,
(2) the incidence of counterfeit production and fraudulent
use of social security account number cards, and
(3) the steps being taken to detect and prevent such
counterfeiting and fraud.
(g) GAO Annual Audits.--The Comptroller General shall perform an
annual audit, the results of which are to be presented to the Congress
by January 1 of each year, on the performance of the Social Security
Administration in meeting the requirements in subsection (a).
(h) Expenses.--No costs incurred in developing and issuing cards
under this section that are above the costs that would have been
incurred for cards issued in the absence of this section shall be paid
for out of any Trust Fund established under the Social Security Act.
There are authorized to be appropriated such sums as may be necessary
to carry out this section.
SEC. 2. CRIMINAL PENALTIES FOR FRAUD AND RELATED ACTIVITY WITH WORK
AUTHORIZATION DOCUMENTS.
(a) In General.--Section 1028 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (2) by striking ``an
identification document or a false identification
document'' each place it appears and inserting ``an
identification document, false identification document,
work authorization document, or false work
authorization document'';
(B) in paragraph (3) by striking ``identification
documents (other than those issued lawfully for the use
of the possessor) or false identification documents''
and inserting ``identification or work authorization
documents (other than those issued lawfully for the use
of the possessor) or false identification or work
authorization documents'';
(C) in paragraph (4) by striking ``an
identification document (other than one issued lawfully
for the use of the possessor) or a false identification
document'' and inserting ``an identification or work
authorization document (other than one issued lawfully
for the use of the possessor) or a false identification
or work authorization document'';
(D) in paragraph (5) by inserting ``or in the
production of a false work authorization document''
after ``false identification document''; and
(E) in paragraph (6) by inserting ``or work
authorization document'' after ``identification
document'' each place it appears;
(2) in subsection (b)(1)--
(A) by striking ``an identification document or
false identification document'' in subparagraph (A) and
inserting ``an identification document, false
identification document, work authorization document,
or false work authorization document'';
(B) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by inserting ``or'' at the end of
clause (ii); and
(iii) by inserting the following new clause
after clause (ii):
``(iii) a work authorization document;'';
and
(C) by striking ``identification documents or false
identification documents'' in subparagraph (B) and
inserting ``identification documents, false
identification documents, work authorization documents,
or false work authorization documents'';
(3) in subsection (b)(2)(A) by striking ``an identification
document or false identification document'' and inserting ``an
identification document, false identification document, work
authorization document, or false work authorization document'';
(4) in subsection (c)--
(A) by striking ``identification document or false
identification document'' each place it appears in
paragraph (1) and inserting ``identification document,
false identification document, work authorization
document, or false work authorization document''; and
(B) by adding ``work authorization document, false
work authorization document,'' after ``false
identification document,'' in paragraph (3); and
(5) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by inserting after paragraph (5) the following
new paragraph:
``(6) the term `work authorization document' means any
document described in section 274A(b)(1)(C) of the Immigration
and Nationality Act.''.
(b) Conforming Amendment.--The heading for section 1028 of title
18, United States Code, is amended to read as follows:
``Sec. 1028. Fraud and related activity in connection with
identification and work authorization documents''.
(c) Clerical Amendment.--The item relating to section 1028 in the
table of sections at the beginning of chapter 47 of title 18, United
States Code, is amended to read as follows:
``1028. Fraud and related activity in connection with identification
and work authorization documents.''. | Directs the Commissioner of Social Security to improve the social security card for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act.
Amends Federal law to provide criminal penalties for fraud and related activities concerning work authorization documents. | {"src": "billsum_train", "title": "To improve the integrity of the Social Security card and to provide for criminal penalties for fraud and related activity involving work authorization documents for purposes of the Immigration and Nationality Act."} | 1,628 | 50 | 0.486789 | 1.131253 | 0.650094 | 2.695652 | 33.043478 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dignity for Incarcerated Women Act
of 2017'' or the ``Dignity Act''.
SEC. 2. TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER INDIVIDUALS IN
FEDERAL PRISONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4050. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13882); and
``(4) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution.
``(b) Geographic Placement.--
``(1) Establishment of office.--The Director shall
establish within the Bureau of Prisons an office that
determines the placement of prisoners.
``(2) Placement of prisoners.--In determining the placement
of a prisoner, the office established under paragraph (1)
shall--
``(A) if the prisoner has children, place the
prisoner as close to the children as possible; and
``(B) consider any other factor that the office
determines appropriate.
``(c) Visitation Rules.--The Director shall promulgate regulations
for visitation between prisoners who are primary caretaker parents and
their family members under which--
``(1) a prisoner may receive visits not fewer than 6 days
per week, which shall include Saturday and Sunday;
``(2) a Federal penal or correctional institution shall be
open for visitation for not fewer than 8 hours per day;
``(3) a prisoner may have up to 5 adult visitors and an
unlimited number of child visitors per visit; and
``(4) a prisoner may have physical contact with visitors
unless the prisoner presents an immediate physical danger to
the visitors.
``(d) Placement in Segregated Housing Units; Prohibition on
Shackling.--
``(1) Placement in segregated housing units.--
``(A) In general.--A Federal penal or correctional
institution may not place a prisoner who is pregnant or
in the first 8 weeks of postpartum recovery in a
segregated housing unit unless the prisoner presents an
immediate risk of harm to others or herself.
``(B) Restrictions.--Any placement of a prisoner
described in subparagraph (A) in a segregated housing
unit shall be limited and temporary.
``(2) Prohibition on shackling.--A Federal penal or
correctional institution may not use instruments of restraint,
including handcuffs, chains, irons, straitjackets, or similar
items, on a prisoner who is pregnant.
``(e) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent.
``(f) Trauma-Informed Care.--
``(1) In general.--The Director shall provide trauma-
informed care to each prisoner who is diagnosed with trauma.
``(2) Identification and referral.--The Director shall
provide training to each correctional officer and each other
employee of the Bureau of Prisons who regularly interacts with
prisoners, including health care professionals and instructors,
to enable the employees to identify prisoners with trauma and
refer those prisoners to the proper healthcare professional for
treatment.
``(g) Mentoring by Former Prisoners.--The Director shall promulgate
regulations under which an individual who was formerly incarcerated in
a Federal penal or correctional institution may access such an
institution to--
``(1) act as a mentor for prisoners; and
``(2) assist prisoners in reentry.
``(h) Ombudsman.--The Attorney General shall designate an ombudsman
to oversee and monitor, with respect to Federal penal and correctional
institutions--
``(1) prisoner transportation;
``(2) use of segregated housing;
``(3) strip searches of prisoners; and
``(4) civil rights violations.
``(i) Telecommunications.--
``(1) In general.--The Director--
``(A) may not charge a fee for a telephone call
made by a prisoner; and
``(B) shall make videoconferencing available to
prisoners in each Federal penal or correctional
institution free of charge.
``(2) Rule of construction.--Nothing in paragraph (1)(B)
shall be construed to authorize the Director to use
videoconferencing as a substitute for in-person visits.
``(j) Inmate Health.--
``(1) Healthcare products.--
``(A) Availability.--The Director shall make the
healthcare products described in subparagraph (C)
available to prisoners for free, in a quantity that is
appropriate to the healthcare needs of each prisoner.
``(B) Quality of products.--The Director shall
ensure that the healthcare products provided under this
paragraph conform with applicable industry standards.
``(C) Products.--The healthcare products described
in this subparagraph are--
``(i) tampons;
``(ii) sanitary napkins;
``(iii) moisturizing soap, which may not be
lye-based;
``(iv) shampoo;
``(v) body lotion;
``(vi) Vaseline;
``(vii) toothpaste;
``(viii) toothbrushes;
``(ix) aspirin;
``(x) ibuprofen; and
``(xi) any other healthcare product that
the Director determines appropriate.
``(2) Gynecologist access.--The Director shall ensure that
female prisoners have access to a gynecologist.
``(k) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall promulgate
regulations under which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of
immediate harm to herself or himself or others;
and
``(ii) no other correctional officer of the
same sex as the prisoner is available to
assist; and
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i)(I) a prisoner in the restroom
presents a risk of immediate harm to herself or
himself or others; or
``(II) there is a medical emergency in the
restroom; and
``(ii) no other correctional officer of the
appropriate sex is available to assist.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''.
(b) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Bureau of Prisons may not prohibit a prisoner who
is a primary caretaker parent (as defined in section 4050) or
pregnant from participating in a program of residential
substance abuse treatment provided under paragraph (1) based on
the failure of the individual, before being committed to the
custody of the Bureau, to disclose to any official that the
individual had a substance abuse problem.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by adding at
the end the following:
``4050. Treatment of primary caretaker parents and other
individuals.''.
SEC. 3. OVERNIGHT VISIT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Prisons;
(2) the term ``primary caretaker parent'' has the meaning
given the term in section 31903 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13882); and
(3) the term ``prisoner'' means an individual who is
incarcerated in a Federal penal or correctional institution.
(b) Pilot Program.--The Director shall carry out a pilot program
under which prisoners who are primary caretaker parents and meet
eligibility criteria established by the Director may receive overnight
visits from family members.
(c) Eligibility Criteria.--In establishing eligibility criteria for
the pilot program under subsection (b), the Director shall--
(1) require that a prisoner have displayed good behavior;
and
(2) prohibit participation by any prisoner who has been
convicted of a crime of violence (as defined in section 16 of
title 18, United States Code). | Dignity for Incarcerated Women Act of 2017 or the Dignity Act This bill amends the federal criminal code to establish requirements for the treatment of prisoners. It directs the Bureau of Prisons (BOP) to place prisoners as close to their children as possible, provide videoconferencing free of charge, provide trauma-informed care to prisoners diagnosed with trauma, and make specified health products (e.g., tampons) available free of charge. Additionally, with respect to prisoners who are primary caretaker parents, the BOP must provide parenting classes, allow visitation from family members, and establish a pilot program to allow overnight visits from family members. Finally, the bill allows a prisoner who is pregnant or a primary caretaker parent to participate in a residential substance abuse treatment program, even if the individual failed to disclose a substance abuse problem. | {"src": "billsum_train", "title": "Dignity for Incarcerated Women Act of 2017"} | 2,118 | 188 | 0.499017 | 1.353749 | 0.806212 | 2.419355 | 11.729032 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antimicrobial Data Collection Act''.
SEC. 2. RESEARCH PROGRAMS TO STUDY ANTIMICROBIAL RESISTANCE.
(a) Definitions.--In this Act--
(1) the term ``Commissioner'' means the Commissioner of
Food and Drugs; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Commencement of Pilot Data Collection and Analysis Program.--
The Secretary, acting through the Commissioner, shall develop a
research program or programs to study the relationship between the
sales, distribution, end-use practices of animal drugs containing an
antimicrobial active ingredient in food-producing animals and
antimicrobial resistance trends. The Secretary may also consider any
other available sound information, science, research, expertise, or
program designs in carrying out this subsection.
(c) Purpose of Programs.--Any research program developed under
subsection (b) shall be developed in order to better determine--
(1) the relationships between sales data, distribution
data, and end-usage data of animal drugs containing an
antimicrobial active ingredient in food-producing animals to
inform policies of Food and Drug Administration regarding data
collection and regulation of antimicrobial products in
agriculture, including consideration of the potential value and
feasibility of data from veterinary feed directives and other
sources; and
(2) the relationships between the use of animal drugs
containing an antimicrobial active ingredient in food-producing
animals and trends in antimicrobial resistance, including by
using the data collected through the National Antimicrobial
Resistance Monitoring System or other studies regarding
resistance levels in bacteria associated with food-producing
animals.
(d) Consultation.--Any research program developed under subsection
(b) shall be developed in consultation with the Secretary of
Agriculture, which shall include at a minimum consultation with the
Under Secretary for Food Safety, the Under Secretary for Marketing and
Regulatory Programs, and the Under Secretary for Research, Education,
and Economics at the Department of Agriculture. To the extent
practicable, such Under Secretaries shall provide assistance in
developing and conducting such research programs.
(e) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement the research
program or programs developed under subsection (b). The Secretary shall
analyze data from such program or programs to determine the
contribution of such data to studying antimicrobial resistance and
establishing the antimicrobial data collection strategy as described in
section 3(b)(1)(B).
SEC. 3. REPORTS TO CONGRESS; DEVELOPMENT OF DATA COLLECTION STRATEGY.
(a) Initial Report.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(1) submit to Congress a report that--
(A) describes the research design and goals for the
research program or programs developed under section
2(b); and
(B) includes a needs assessment, considering broad
sources of data and models on antimicrobial use in
food-producing animals that the Food and Drug
Administration may need or from which the Food and Drug
Administration could benefit, to improve the evaluation
of Food and Drug Administration programs regarding
antimicrobial resistance and how a systematic and valid
data collection strategy will be designed to comply
with subsection (b)(1)(B); and
(2) make such report publicly available.
(b) Report Regarding Results and Recommendations.--Not later than 2
years after the date of enactment of this Act, the Secretary shall--
(1) submit to Congress a report that--
(A) describes the comprehensive results of any
research program or programs developed under section
2(b), including with respect to the determinations made
pursuant to paragraphs (1) and (2) of section 2(c); and
(B) provides recommendations for developing an
antimicrobial data collection strategy based on the
information contained in the comments to the Advanced
Notice of Proposed Rulemaking entitled ``Antimicrobial
Animal Drug Distribution Reporting'' (77 Fed. Reg.
44177 (July 27, 2012)) and any relevant information
obtained in the research pilot program carried out
under section 2; and
(2) make such report publicly available.
SEC. 4. ENHANCED REPORTING AND PUBLICATION OF SALES DATA.
(a) In General.--Section 512(l)(3)(E) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360b(l)(3)(E)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II);
(2) by striking ``The Secretary shall make summaries of the
information reported under this paragraph publicly available,
except that--'' and inserting ``(i) Not later than a date
established by the Secretary for 2014, and on such date in each
year thereafter, the Secretary shall make publicly available a
summary of the information (including dosage form information,
if practicable) reported under this paragraph for the previous
year, except that--''; and
(3) by inserting after subclause (II), as redesignated by
paragraph (1), the following:
``(ii) In making the summaries available under this subparagraph,
the following shall apply:
``(I) The Secretary shall segregate the categories of
amounts reported into the following 2 subcategories, after
consultation with applicable classifications as determined by
the Secretary, subject to subclause (IV):
``(aa) The volume of drugs of importance to human
medicine.
``(bb) The volume of drugs not of importance to
human medicine.
``(II) As practicable, the Secretary shall segregate
amounts reported into the following:
``(aa) Container size.
``(bb) Strength.
``(cc) Dosage form.
``(dd) Marketing status.
``(III) In any cross-tabulation of the amounts reported
with any reporting category, the Secretary shall include the
categories `Not Independently Reported' and `Not Independently
Reported Export'.
``(IV) Every 5 years, the Secretary shall reevaluate the
classifications consulted under subclause (I) after opportunity
for public comment.
``(iii) The Secretary shall maximize the quality, accuracy, detail,
and specificity of data made publicly available in the summaries under
this subparagraph, to the extent practicable, such as regarding the
type, estimated level of exposure, and target animals of antimicrobial
drugs. In carrying out the preceding sentence, the Secretary may
provide additional information in such summaries.
``(iv) The Secretary shall conduct an annual evaluation of the
effectiveness of and compliance with relevant policies and programs of
the Food and Drug Administration regarding antimicrobial drug sales for
food-producing animals, and use of such drugs and antimicrobial
resistance, using valid and robust performance metrics. Beginning in
2014, the Secretary shall include with each annual summary made
publicly available under this subparagraph a report that describes the
results of the evaluation conducted under this clause with respect to
the preceding year.''.
(b) Reissuance.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall reissue the summary reports issued
before 2012 under section 512(l)(3)(E) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(l)(3)(E)) using the format designed for
the 2012 summary report. The Secretary shall publish the reissued
reports in one combined publication.
SEC. 5. ACTION TO PROTECT PUBLIC AND ANIMAL HEALTH.
(a) Publication of Final Guidance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish a final
version of the draft Voluntary Guidance #213 of the Food and
Drug Administration (entitled ``New Animal Drugs and New Animal
Drug Combination Products Administered in or on Medicated Feed
or Drinking Water of Food-Producing Animals: Recommendations
for Drug Sponsors for Voluntarily Aligning Product Use
Conditions with GFI #209'').
(2) Effect of subsection.--Nothing in this subsection shall
be construed to affect any other obligations of the Food and
Drug Administration regarding the authorities of such
Administration to regulate antimicrobial drugs and protect
public health.
(b) Report by GAO.--
(1) In general.--Not later than 3 years after the
conclusion of the research pilot program or programs developed
under section 2, the Comptroller General of the United States
shall commence a study to evaluate--
(A) the approaches used by the Food and Drug
Administration to eliminate injudicious use of
antimicrobial drugs in food-producing animals; and
(B) the effectiveness of the data collection
activities carried out by the Food and Drug
Administration regarding antimicrobial resistance.
(2) Report.--Not later than 1 year after commencing the
study described in paragraph (1), the Comptroller General of
the United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
that describes the results of such study. | Antimicrobial Data Collection Act - Requires the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs (FDA), to develop a research program to study the relationship between the sales, distribution, and end-use practices of animal drugs containing an antimicrobial active ingredient in food-producing animals and antimicrobial resistance trends. Requires the Secretary to analyze data from the program to determine the data's contribution to studying antimicrobial resistance and establishing an antimicrobial data collection strategy. Requires the Secretary to: (1) report to Congress on the program's research design and goals, including a needs assessment to improve the FDA's evaluation of antimicrobial resistance; and (2) report to Congress and the public within two years with the comprehensive results of the program and recommendations for developing an antimicrobial data collection strategy. Amends the Federal Food, Drug, and Cosmetic Act to revise the requirements for the annual summaries of antimicrobial animal drug information, including by requiring the Secretary to maximize the quality, accuracy, detail, and specificity of the data made publicly available in the summaries. Requires the Secretary to conduct an annual evaluation of the effectiveness of and compliance with relevant FDA programs and policies regarding antimicrobial drug sales for food-producing animals, and the use of such drugs and antimicrobial resistance. Directs the Secretary to publish a final version of voluntary guidance for drug sponsors on new animal drugs and new animal drug combination products administered in or on medicated feed or drinking water of food-producing animals. Requires the Comptroller General (GAO) to evaluate the FDA's approaches to eliminate injudicious use of antimicrobial drugs in food-producing animals and the effectiveness of the FDA's data collection activities regarding antimicrobial resistance. | {"src": "billsum_train", "title": "Antimicrobial Data Collection Act"} | 2,040 | 393 | 0.69627 | 2.030609 | 0.836174 | 3.720859 | 5.601227 | 0.923313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Security Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end thereof the following new subsection:
``(h) Unpaid Child Support Payments.--
``(1) In general.--For purposes of this chapter, any
taxable unpaid child support payments of a taxpayer for any
taxable year shall be treated as amounts includible in gross
income of the taxpayer for the taxable year by reason of the
discharge of indebtedness of the taxpayer.
``(2) Taxable unpaid child support payments.--For purposes
of this subsection, the term `taxable unpaid child support
payments' means payments--
``(A) which were applicable child support payments
which the taxpayer was required to pay under a support
instrument for the support of a child of the taxpayer,
and
``(B) with respect to which the notice requirements
of paragraph (3) are met.
``(3) Notice requirements.--
``(A) In general.--During January of the second
calendar year following a calendar year in which there
begins a taxable year for which a deduction allowed
under section 166(f) was claimed, the eligible taxpayer
shall send a notice (in such form as the Secretary may
prescribe) to the individual who failed to make
payments which contains--
``(i) the amount of the applicable child
support payments for such taxable year, and
``(ii) notice that the individual is
required to include such amount in gross income
for the taxable year beginning in the preceding
calendar year.
``(B) Notice by secretary.--If notice cannot be
provided under subparagraph (A) because the address is
not known to the eligible taxpayer, the Secretary shall
send such notice if the address is available to the
Secretary.
``(C) Address unknown.--If notice cannot be
provided under subparagraph (A) or (B) because there is
no known address, no income shall be included in gross
income for any taxable year beginning before the
calendar year preceding the calendar year in which such
notice may be sent.
``(4) Subsequent payments.--If any payment required to be
included in gross income under paragraph (1) is subsequently
made, the amount of such payment shall be allowed as a
deduction for the taxable year in which such payment is made.
``(5) Definitions.--For purposes of this subsection, the
terms `applicable child support payments' and `eligible
taxpayer' have the meanings given such terms by section
166(f).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support Payments.--
``(1) In general.--In the case of any eligible taxpayer who
has any applicable child support payments remaining unpaid as
of the close of the taxable year--
``(A) subsections (a) and (d) shall not apply to
such payments, and
``(B) there shall be allowed as a deduction for
such taxable year an amount equal to the amount of such
payments.
``(2) Per child limitation on deduction.--The aggregate
amount allowable as a deduction for any taxable year under
paragraph (1) with respect to any child for whom applicable
child support payments are required to be paid shall not exceed
$5,000.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means an individual--
``(A) whose adjusted gross income for the taxable
year does not exceed $50,000,
``(B) with respect to whom the amount of applicable
child support payments remaining unpaid as of the close
of the taxable year is equal to or greater than $500,
and
``(C) who meets the identification requirements of
paragraph (5).
``(4) Applicable child support payment.--
``(A) In general.--The term `applicable child
support payment' means, with respect to any taxable
year of the eligible taxpayer--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical or
educational expense, insurance premium, or
other similar item,
which is required to be paid to such taxpayer during
such taxable year by an individual under a support
instrument meeting the requirements of paragraph (8)
for the support of any qualifying child of such
individual.
``(B) Qualifying child.--For purposes of this
paragraph, the term `qualifying child' means a child of
an eligible individual with respect to whom a deduction
is allowable under section 151 for the taxable year (or
would be so allowable but for paragraph (2) or (4) of
section 152(e)).
``(C) Payments must be delinquent for at least
entire year.--Any payment described in subparagraph (A)
which is required to be made by an individual to an
eligible taxpayer shall not be treated as an applicable
unpaid child support payment if at least half of the
payments which are required to be paid to the eligible
taxpayer during the 12-month period ending on the last
day of the taxable year are paid. In the case of the
1st taxable year to which this subsection applies to
payments from any individual, the preceding sentence
shall be applied by substituting `24-month' for `12-
month'.
``(D) Coordination with afdc.--The term `applicable
child support payment' shall not include any payment
the right to which has been assigned to a State under
section 402(a)(26) of the Social Security Act (42
U.S.C. 602(a)(26)).
``(5) Identification requirements.--The requirements of
this paragraph are met if the eligible taxpayer includes on the
return claiming the deduction under this subsection the name,
address, and taxpayer identification number of--
``(A) each child with respect to whom child support
payments to which this subsection applies are required
to be paid, and
``(B) the individual who was required to make such
child support payments.
In the case of a failure to provide the information under
subparagraph (B), the preceding sentence shall not apply if the
eligible taxpayer certifies that any such information is not
known.
``(6) Cost-of-living adjustments.--In the case of any
taxable year beginning after 1998, the $50,000 amount under
paragraph (2)(A), the $50,000 amount under paragraph (3)(A),
and the $500 amount under paragraph (3)(B) shall each be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, except that section 1(f)(3)(B)
shall be applied by substituting `1997' for `1992'.
``(7) Subsequent payments.--If any payment with respect to
which a deduction was allowed under paragraph (1) is
subsequently made, such payment shall be included in gross
income of the eligible taxpayer for the taxable year in which
paid. This paragraph shall not apply to any amount if an
individual has assigned the right to receive such amount to a
State (and the State does not pay such amount to such
individual).
``(8) Support instrument.--For purposes of this subsection,
a support instrument meets the requirements of this paragraph
if it is--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in subparagraph (A))
of a court or administrative agency requiring a parent
to make payments for the support or maintenance of 1 or
more children of such parent.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by inserting after paragraph (16) the following new paragraph:
``(17) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, or'' and by
adding at the end thereof the following new subparagraph:
``(C) a debt which is an applicable child support
payment under subsection (f).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 5. REDUCTION OF FEDERAL DEBT.
Net revenues received in the Treasury pursuant to this Act shall be
applied, as provided in appropriation Acts, solely to the retirement of
outstanding public debt obligations of the United States and may not be
obligated or expended for any other purpose, notwithstanding any other
provision of law that does not specifically refer to this section. | Child Support Security Act - Amends the Internal Revenue Code relating to discharge of indebtedness income to provide that any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in the taxpayer's gross income by reason of the discharge of the taxpayer's indebtedness. Sets forth notice guidelines.
Allows an eligible taxpayer with respect to whom child support payments remain unpaid during the taxable year a deduction of up to $5,000 equal to the amount of payments remaining unpaid. Limits such deductions to taxpayers with adjusted gross incomes under $50,000 and unpaid child support payments of $500 or more.
Requires that net revenues received in the Treasury pursuant to this Act be applied solely to the retirement of outstanding Federal debt obligations and not be obligated or expended for any other purpose. | {"src": "billsum_train", "title": "Child Support Security Act"} | 2,210 | 187 | 0.621059 | 1.539618 | 0.823305 | 4.077922 | 13.103896 | 0.896104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Substance Use Disorder Workforce
Loan Repayment Act of 2018''.
SEC. 2. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
EMPLOYEES.
Title VII of the Public Health Service Act is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E (42 U.S.C. 294n et seq.) the
following:
``PART F--SUBSTANCE USE DISORDER TREATMENT EMPLOYEES
``SEC. 781. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
EMPLOYEES.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall carry out a
program under which--
``(1) the Secretary enters into agreements with individuals
to make payments in accordance with subsection (b) on the
principal of and interest on any eligible loan; and
``(2) the individuals each agree to complete a period of
service in a substance use disorder treatment job, as described
in subsection (d).
``(b) Payments.--For each year of obligated service by an
individual pursuant to an agreement under subsection (a), the Secretary
shall make a payment to such individual as follows:
``(1) Service in a shortage area.--The Secretary shall
pay--
``(A) for each year of obligated service by an
individual pursuant to an agreement under subsection
(a), \1/6\ of the principal of and interest on each
eligible loan of the individual which is outstanding on
the date the individual began service pursuant to the
agreement; and
``(B) for completion of the sixth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any individual shall not exceed $250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education or training for a substance
use disorder treatment job.
``(2) Any loan under part E of title VIII (relating to
nursing student loans).
``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(4) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(5) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Period of Service.--The period of service required by an
agreement under subsection (a) shall consist of up to 6 years of full-
time employment, with no more than one year passing between any two
years of covered employment, in a substance use disorder treatment job
in the United States in--
``(1) a Mental Health Professional Shortage Area, as
designated under section 332; or
``(2) a county (or a municipality, if not contained within
any county) where the mean drug overdose death rate per 100,000
people over the past 3 years for which official data is
available from the State, is higher than the most recent
available national average overdose death rate per 100,000
people, as reported by the Centers for Disease Control and
Prevention.
``(e) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this subsection; and
``(2) any federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(f) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under subsection (a).
``(2) Limitation.--The failure by an individual to complete
the full period of service obligated pursuant to such an
agreement, taken alone, shall not constitute a breach of the
agreement, so long as the individual completed in good faith
the years of service for which payments were made to the
individual under this section.
``(g) Additional Criteria.--The Secretary--
``(1) may establish such criteria and rules to carry out
this section as the Secretary determines are needed and in
addition to the criteria and rules specified in this section;
and
``(2) shall give notice to the committees specified in
subsection (h) of any criteria and rules so established.
``(h) Report to Congress.--Not later than 5 years after the date of
enactment of the Substance Use Disorder Workforce Loan Repayment Act of
2018, and every other year thereafter, the Secretary shall prepare and
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on--
``(1) the number and location of borrowers who have
qualified for loan repayments under this section; and
``(2) the impact of this section on the availability of
substance use disorder treatment employees nationally and in
shortage areas and counties described in subsection (d).
``(i) Definition.--In this section:
``(1) The term `municipality' means a city, town, or other
public body created by or pursuant to State law, or an Indian
Tribe.
``(2) The term `substance use disorder treatment job' means
a full-time job (including a fellowship)--
``(A) where the primary intent and function of the
job is the direct treatment or recovery support of
patients with or in recovery from a substance use
disorder, such as a physician, physician assistant,
registered nurse, nurse practitioner, advanced practice
registered nurse, social worker, recovery coach, mental
health counselor, addictions counselor, psychologist or
other behavioral health professional, or any other
relevant professional as determined by the Secretary;
and
``(B) which is located at a substance use disorder
treatment program, private physician practice, hospital
or health system-affiliated inpatient treatment center
or outpatient clinic (including an academic medical
center-affiliated treatment program), correctional
facility or program, youth detention center or program,
inpatient psychiatric facility, crisis stabilization
unit, community health center, community mental health
or other specialty community behavioral health center,
recovery center, school, community-based organization,
telehealth platform, migrant health center, health
program or facility operated by a tribe or tribal
organization, Federal medical facility, or any other
facility as determined appropriate for purposes of this
section by the Secretary.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2019 through 2028.''. | Substance Use Disorder Workforce Loan Repayment Act of 2018 This bill amends the Public Health Service Act to create a loan repayment program for individuals who complete a period of service in a substance use disorder treatment job in a mental health professional shortage area or a county where the drug overdose death rate is higher than the national average. The substance use disorder treatment job must be a full-time position where the primary intent and function is the direct care of patients with or in recovery from a substance use disorder. Individuals must enter into an agreement of service of up to six years with the Health Resources and Services Administration. The repayment program shall pay one-sixth of the principal and interest on any eligible loan for each year of service; the maximum total amount of repayment by the program is $250,000 per individual. | {"src": "billsum_train", "title": "Substance Use Disorder Workforce Loan Repayment Act of 2018"} | 1,555 | 171 | 0.666315 | 1.787872 | 0.818545 | 3.76129 | 9.451613 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Social Security Act of
2013''.
SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2013.
(a) Determination of Taxable Wages Above Contribution and Benefit
Base After 2013.--
(1) Amendments to the internal revenue code of 1986.--
Section 3121 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (a)(1), by inserting ``the
applicable percentage (determined under subsection
(c)(1)) of'' before ``that part of the remuneration'';
and
(B) in subsection (c), by striking ``(c) Included
and Excluded Service.--For purposes of this chapter,
if'' and inserting the following:
``(c) Special Rules for Wages and Employment.--
``(1) Applicable percentage of remuneration in determining
taxable wages.--For purposes of subsection (a)(1), the
applicable percentage for a calendar year shall be equal to--
``(A) for 2014, 80 percent;
``(B) for 2015 through 2017, the applicable
percentage under this paragraph for the previous year,
decreased by 20 percentage points; and
``(C) for 2018 and each year thereafter, 0 percent.
``(2) Included and excluded service.--For purposes of this
chapter, if''.
(2) Amendments to the social security act.--Section 209 of
the Social Security Act (42 U.S.C. 409) is amended--
(A) in subsection (a)(1)(I)--
(i) by inserting ``and before 2014'' after
``1974''; and
(ii) by inserting ``and'' after the
semicolon;
(B) in subsection (a)(1), by adding at the end the
following new subparagraph:
``(J) The applicable percentage (determined under
subsection (l)) of that part of remuneration which,
after remuneration (other than remuneration referred to
in the succeeding subsections of this section) equal to
the contribution and benefit base (determined under
section 230) with respect to employment has been paid
to an individual during any calendar year after 2013
with respect to which such contribution and benefit
base is effective, is paid to such individual during
such calendar year;''; and
(C) by adding at the end the following new
subsection:
``(l) For purposes of subsection (a)(1)(J), the applicable
percentage for a calendar year shall be equal to--
``(1) for 2014, 80 percent;
``(2) for 2015 through 2017, the applicable percentage
under this subsection for the previous year, decreased by 20
percentage points; and
``(3) for 2018 and each year thereafter, 0 percent.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2013.
(b) Determination of Taxable Self-Employment Income Above
Contribution and Benefit Base After 2013.--
(1) Amendments to the internal revenue code of 1986.--
Section 1402 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (b)(1), by striking ``that part
of the net earnings'' and all that follows through
``minus'' and inserting the following: ``an amount
equal to the applicable percentage (as determined under
subsection (d)(2)) of that part of the net earnings
from self-employment which is in excess of the
difference (not to be less than zero) between (i) an
amount equal to the contribution and benefit base (as
determined under section 230 of the Social Security
Act) which is effective for the calendar year in which
such taxable year begins, and''; and
(B) in subsection (d)--
(i) by striking ``(d) Employee and Wages.--
The term'' and inserting the following:
``(d) Rules and Definitions.--
``(1) Employee and wages.--The term''; and
(ii) by adding at the end the following:
``(2) Applicable percentage of net earnings from self-
employment in determining taxable self-employment income.--For
purposes of subsection (b)(1), the applicable percentage for a
taxable year beginning in any calendar year referred to in such
paragraph shall be equal to--
``(A) for 2014, 80 percent;
``(B) for 2015 through 2017, the applicable
percentage under this paragraph for the previous year,
decreased by 20 percentage points; and
``(C) for 2018 and each year thereafter, 0
percent.''.
(2) Amendments to the social security act.--Section 211 of
the Social Security Act (42 U.S.C. 411) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(I)--
(I) by striking ``or'' after the
semicolon; and
(II) by inserting ``and before
2014'' after ``1974'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(2) For any taxable year beginning in any calendar year
after 2013, an amount equal to the applicable percentage (as
determined under subsection (l)) of that part of net earnings
from self-employment which is in excess of the difference (not
to be less than zero) between--
``(A) an amount equal to the contribution and
benefit base (as determined under section 230) that is
effective for such calendar year, and
``(B) the amount of the wages paid to such
individual during such taxable year; or''; and
(B) by adding at the end the following:
``(l) For purposes of subsection (b)(2), the applicable percentage
for a taxable year beginning in any calendar year referred to in such
paragraph shall be equal to--
``(1) for 2014, 80 percent;
``(2) for 2015 through 2017, the applicable percentage
under this subsection for the previous year, decreased by 20
percentage points; and
``(3) for 2018 and each year thereafter, 0 percent.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning during or
after calendar year 2014.
SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE
AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT
DETERMINATIONS.
(a) Inclusion of Surplus Average Indexed Monthly Earnings in
Determination of Primary Insurance Amounts.--
(1) In general.--Section 215(a)(1)(A) of the Social
Security Act (42 U.S.C. 415(a)(1)(A)) is amended--
(A) in clauses (i), (ii), and (iii), by inserting
``basic'' before ``average indexed monthly earnings''
each place it appears;
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by adding ``and'' at the end;
and
(D) by inserting after clause (iii) the following
new clause:
``(iv) 5 percent of the individual's surplus average
indexed monthly earnings,''.
(2) Bend point adjustment.--Section 215(a)(1)(B) of such
Act (42 U.S.C. 415(a)(1)(B)) is amended--
(A) by redesignating clause (iii) as clause (iv);
and
(B) by inserting after clause (ii) the following
new clause:
``(iii) For individuals who initially become eligible for
old-age or disability insurance benefits, or who die (before
becoming eligible for such benefits) in any calendar year after
2018, the amount determined under clause (i) of this
subparagraph for purposes of subparagraph (A)(i) for such
calendar year shall be increased by--
``(I) for calendar year 2019, 1 percent;
``(II) for each of calendar years 2020 through
2032, the percent determined under this clause for the
preceding year increased by 1 percentage point; and
``(III) for calendar year 2033 and each year
thereafter, 15 percent.''.
(b) Basic AIME and Surplus AIME.--
(1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C.
415(b)(1)) is amended--
(A) by inserting ``basic'' before ``average''; and
(B) in subparagraph (A), by striking ``paragraph
(3)'' and inserting ``paragraph (3)(A)'' and by
inserting before the comma the following: ``to the
extent such total does not exceed the contribution and
benefit base for the applicable year''.
(2) Surplus aime.--
(A) In general.--Section 215(b)(1) of such Act (as
amended by paragraph (1)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting ``(A)'' after ``(b)(1)'';
and
(iii) by adding at the end the following
new subparagraph:
``(B)(i) An individual's surplus average indexed monthly earnings
shall be equal to the quotient obtained by dividing--
``(I) the total (after adjustment under paragraph (3)(B))
of such individual's surplus earnings (determined under clause
(ii)) for such individual's benefit computation years
(determined under paragraph (2)), by
``(II) the number of months in those years.
``(ii) For purposes of clause (i) and paragraph (3)(B), an
individual's surplus earnings for a benefit computation year are the
total of such individual's wages paid in and self-employment income
credited to such benefit computation year, to the extent such total
(before adjustment under paragraph (3)(B)) exceeds the contribution and
benefit base for such year.''.
(B) Conforming amendment.--The heading for section
215(b) of such Act is amended by striking ``Average
Indexed Monthly Earnings'' and inserting ``Basic
Average Indexed Monthly Earnings; Surplus Average
Indexed Monthly Earnings''.
(3) Adjustment of surplus earnings for purposes of
determining surplus aime.--Section 215(b)(3) of such Act (42
U.S.C. 415(b)(3)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'' and by
inserting ``and determination of basic average indexed
monthly income'' after ``paragraph (2)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) For purposes of determining under paragraph (1)(B) an
individual's surplus average indexed monthly earnings, the individual's
surplus earnings (described in paragraph (2)(B)(ii)) for a benefit
computation year shall be deemed to be equal to the product of--
``(i) the individual's surplus earnings for such year (as
determined without regard to this subparagraph), and
``(ii) the quotient described in subparagraph (A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2018.
SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who have attained early
retirement age (as defined under section 216(l)(2) of the Social
Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's,
or husband's insurance benefit).
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after June 30 of the calendar year in
which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY
BENEFITS.
(a) In General.--Section 215(i) of the Social Security Act (42
U.S.C. 415(i)) is amended--
(1) in paragraph (1)(G), by inserting before the period the
following: ``, and, with respect to any monthly insurance
benefit payable under this title, effective for adjustments
under this subsection to the primary insurance amount on which
such benefit is based (or to any such benefit under section 227
or 228), the applicable Consumer Price Index shall be deemed to
be the Consumer Price Index for Elderly Consumers and such
primary insurance amount shall be deemed adjusted under this
subsection using such Index''; and
(2) in paragraph (4), by striking ``and by section 9001''
and inserting ``, by section 9001'', and by inserting after
``1986,'' the following: ``and by section 5(a) of the
Strengthening Social Security Act of 2013,''.
(b) Conforming Amendments in Applicable Former Law.--Section
215(i)(1)(C) of the Social Security Act, as in effect in December 1978
and applied in certain cases under the provisions of such Act in effect
after December 1978, is amended by inserting before the period the
following: ``, and, with respect to any monthly insurance benefit
payable under this title, effective for adjustments under this
subsection to the primary insurance amount on which such benefit is
based (or to any such benefit under section 227 or 228), the applicable
Consumer Price Index shall be deemed to be the Consumer Price Index for
Elderly Consumers and such primary insurance amount shall be deemed
adjusted under this subsection using such Index''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made by the Commissioner of Social Security
under section 215(i)(2) of the Social Security Act (42 U.S.C.
415(i)(2)) with respect to cost-of-living computation quarters ending
on or after September 30, 2014. | Strengthening Social Security Act of 2013 - Amends the Internal Revenue Code to prescribe special rules for the determination of taxable wages and self-employment income above the contribution and benefit base after 2013. Amends SSA title II to include surplus average indexed monthly earnings (AIME) in the determination of primary OASDI amounts. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to prepare and publish the Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age for purposes of an old-age, wife's, or husband's insurance benefit. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-EC the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. | {"src": "billsum_train", "title": "Strengthening Social Security Act of 2013"} | 3,458 | 215 | 0.421323 | 1.190089 | 0.658826 | 4.871508 | 16.837989 | 0.893855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Devices Technical
Corrections Act''.
SEC. 2. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 107-250.
(a) Title I; Fees Relating to Medical Devices.--Part 3 of
subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379i et seq.), as added by section 102 of Public Law 107-250
(116 Stat. 1589), is amended--
(1) in section 737--
(A) in paragraph (4)(B), by striking ``and for which
clinical data are generally necessary to provide a reasonable
assurance of safety and effectiveness'' and inserting ``and for
which substantial clinical data are necessary to provide a
reasonable assurance of safety and effectiveness'';
(B) in paragraph (4)(D), by striking ``manufacturing,'';
(C) in paragraph (5)(J), by striking ``a premarket
application'' and all that follows and inserting ``a premarket
application or premarket report under section 515 or a
premarket application under section 351 of the Public Health
Service Act.''; and
(D) in paragraph (8), by striking ``The term `affiliate'
means a business entity that has a relationship with a second
business entity'' and inserting ``The term `affiliate' means a
business entity that has a relationship with a second business
entity (whether domestic or international)''; and
(2) in section 738--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i) by striking
``subsection (d),'' and inserting ``subsections (d) and
(e),'';
(II) in clause (iv), by striking ``clause (i),''
and all that follows and inserting ``clause (i).''; and
(III) in clause (vii), by striking ``clause (i),''
and all that follows and inserting ``clause (i),
subject to any adjustment under subsection
(e)(2)(C)(ii).''; and
(ii) in subparagraph (D), in each of clauses (i) and
(ii), by striking ``application'' and inserting
``application, report,'';
(B) in subsection (d)(2)(B), beginning in the second
sentence, by striking ``firms. which show'' and inserting
``firms, which show'';
(C) in subsection (e)--
(i) in paragraph (1), by striking ``Where'' and
inserting ``For fiscal year 2004 and each subsequent fiscal
year, where''; and
(ii) in paragraph (2)--
(I) in subparagraph (B), beginning in the second
sentence, by striking ``firms. which show'' and
inserting ``firms, which show''; and
(II) in subparagraph (C)(i), by striking ``Where''
and inserting ``For fiscal year 2004 and each
subsequent fiscal year, where'';
(D) in subsection (f), by striking ``for filing''; and
(E) in subsection (h)(2)(B)--
(i) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively;
(ii) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
(iii) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary''; and
(iv) by adding at the end the following:
``(ii) More than 5 percent.--To the extent such costs
are more than 5 percent below the specified level in
subparagraph (A)(ii), fees may not be collected under this
section for that fiscal year.''.
(b) Title II; Amendments Regarding Regulation of Medical Devices.--
(1) Inspections by accredited persons.--Section 704(g) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)), as added
by section 201 of Public Law 107-250 (116 Stat. 1602), is amended--
(A) in paragraph (1), in the first sentence, by striking
``conducting inspections'' and all that follows and inserting
``conducting inspections of establishments that manufacture,
prepare, propagate, compound, or process class II or class III
devices, which inspections are required under section 510(h) or
are inspections of such establishments required to register
under section 510(i).'';
(B) in paragraph (5)(B), in the first sentence, by striking
``or poses'' and all that follows through the period and
inserting ``poses a threat to public health, fails to act in a
manner that is consistent with the purposes of this subsection,
or where the Secretary determines that there is a financial
conflict of interest in the relationship between the accredited
person and the owner or operator of a device establishment that
the accredited person has inspected under this subsection.'';
(C) in paragraph (6)(A)--
(i) in clause (i), by striking ``of the establishment
pursuant to subsection (h) or (i) of section 510'' and
inserting ``described in paragraph (1)'';
(ii) in clause (ii)--
(I) in the matter preceding subclause (I)--
(aa) by striking ``each inspection'' and
inserting ``inspections''; and
(bb) by inserting ``during a 2-year period''
after ``person''; and
(II) in subclause (I), by striking ``such a
person'' and inserting ``an accredited person'';
(iii) in clause (iii)--
(I) in the matter preceding subclause (I), by
striking ``and the following additional conditions are
met:'' and inserting ``and 1 or both of the following
additional conditions are met:'';
(II) in subclause (I), by striking ``accredited''
and all that follows through the period and inserting
``(accredited under paragraph (2) and identified under
clause (ii)(II)) as a person authorized to conduct such
inspections of device establishments.''; and
(III) in subclause (II), by inserting ``or by a
person accredited under paragraph (2)'' after ``by the
Secretary'';
(iv) in clause (iv)(I)--
(I) in the first sentence--
(aa) by striking ``the two immediately
preceding inspections of the establishment'' and
inserting ``inspections of the establishment during
the previous 4 years''; and
(bb) by inserting ``section'' after ``pursuant
to'';
(II) in the third sentence--
(aa) by striking ``the petition states a
commercial reason for the waiver;''; and
(bb) by inserting ``not'' after ``the Secretary
has not determined that the public health would'';
and
(III) in the fourth sentence, by striking ``granted
until'' and inserting ``granted or deemed to be granted
until''; and
(v) in clause (iv)(II)--
(I) by inserting ``of a device establishment
required to register'' after ``to be conducted''; and
(II) by inserting ``section'' after ``pursuant
to'';
(D) in paragraph (6)(B)(iii)--
(i) in the first sentence, by striking ``, and data
otherwise describing whether the establishment has
consistently been in compliance with sections 501 and 502
and other'' and inserting ``and with other''; and
(ii) in the second sentence--
(I) by striking ``inspections'' and inserting
``inspectional findings''; and
(II) by inserting ``relevant'' after ``together
with all other'';
(E) in paragraph (6)(B)(iv)--
(i) by inserting ``(I)'' after ``(iv)''; and
(ii) by adding at the end the following:
``(II) If, during the two-year period following clearance under
subparagraph (A), the Secretary determines that the device
establishment is substantially not in compliance with this Act, the
Secretary may, after notice and a written response, notify the
establishment that the eligibility of the establishment for the
inspections by accredited persons has been suspended.'';
(F) in paragraph (6)(C)(ii), by striking ``in accordance
with section 510(h), or has not during such period been
inspected pursuant to section 510(i), as applicable'';
(G) in paragraph (10)(B)(iii), by striking ``a reporting''
and inserting ``a report''; and
(H) in paragraph (12)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the number of inspections conducted by accredited persons
pursuant to this subsection and the number of inspections conducted
by Federal employees pursuant to section 510(h) and of device
establishments required to register under section 510(i);''; and
(ii) in subparagraph (E), by striking ``obtained by the
Secretary'' and all that follows and inserting ``obtained
by the Secretary pursuant to inspections conducted by
Federal employees;''.
(2) Other corrections.--
(A) Prohibited acts.--Section 301(gg) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(gg)), as amended by
section 201(d) of Public Law 107-250 (116 Stat. 1609), is
amended to read as follows:
``(gg) The knowing failure to comply with paragraph (7)(E) of
section 704(g); the knowing inclusion by a person accredited under
paragraph (2) of such section of false information in an inspection
report under paragraph (7)(A) of such section; or the knowing failure
of such a person to include material facts in such a report.''.
(B) Electronic labeling.--Section 502(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)), as amended by
section 206 of Public Law 107-250 (116 Stat. 1613), is amended,
in the last sentence--
(i) by inserting ``or by a health care professional and
required labeling for in vitro diagnostic devices intended
for use by health care professionals or in blood
establishments'' after ``in health care facilities'';
(ii) by inserting a comma after ``means'';
(iii) by striking ``requirements of law and, that'' and
inserting ``requirements of law, and that'';
(iv) by striking ``the manufacturer affords health care
facilities the opportunity'' and inserting ``the
manufacturer affords such users the opportunity''; and
(v) by striking ``the health care facility''.
(c) Title III; Additional Amendments.--
(1) Effective date.--Section 301(b) of Public Law 107-250 (116
Stat. 1616), is amended by striking ``18 months'' and inserting
``36 months''.
(2) Premarket notification.--Section 510(o) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(o)), as added by
section 302(b) of Public Law 107-250 (116 Stat. 1616), is amended--
(A) in paragraph (1)(B), by striking ``, adulterated'' and
inserting ``or adulterated''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``, adulterated''
and inserting ``or adulterated''; and
(ii) in subparagraph (E), by striking ``semicritical''
and inserting ``semi-critical''.
(d) Miscellaneous Corrections.--
(1) Certain amendments to section 515.--
(A) In general.--
(i) Technical correction.--Section 515(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)),
as amended by sections 209 and 302(c)(2)(A) of Public Law
107-250 (116 Stat. 1613, 1618), is amended by redesignating
paragraph (3) (as added by section 209 of such Public Law)
as paragraph (4).
(ii) Modular review.--Section 515(c)(4)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360e(c)(4)(B)) is amended by striking ``unless an issue of
safety'' and inserting ``unless a significant issue of
safety''.
(B) Conforming amendment.--Section 210 of Public Law 107-
250 (116 Stat. 1614) is amended by striking
``, as amended'' and all that follows through ``by adding'' and
inserting ``is amended in paragraph (3), as redesignated by
section 302(c)(2)(A) of this Act, by adding''.
(2) Certain amendments to section 738.--
(A) In general.--Section 738(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j(a)), as amended by subsection
(a), is amended--
(i) in the matter preceding paragraph (1)--
(I) by striking ``(a) Types of Fees.--Beginning
on'' and inserting the following:
``(a) Types of Fees.--
``(1) In general.--Beginning on''; and
(II) by striking ``this section as follows:'' and
inserting ``this section.''; and
(ii) by striking ``(1) Premarket application,'' and
inserting the following: ``(2) Premarket application,''.
(B) Conforming amendments.--Section 738 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by
subparagraph (A), is amended--
(i) in subsection (d)(1), in the last sentence, by
striking ``subsection (a)(1)(A)'' and inserting
``subsection (a)(2)(A)'';
(ii) in subsection (e)(1), by striking ``subsection
(a)(1)(A)(vii)'' and inserting ``subsection
(a)(2)(A)(vii)'';
(iii) in subsection (e)(2)(C)--
(I) in each of clauses (i) and (ii), by striking
``subsection (a)(1)(A)(vii)'' and inserting
``subsection (a)(2)(A)(vii)''; and
(II) in clause (ii), by striking ``subsection
(a)(1)(A)(i)'' and inserting ``subsection
(a)(2)(A)(i)''; and
(iv) in subsection (j), by striking ``subsection
(a)(1)(D),'' and inserting ``subsection (a)(2)(D),''.
(C) Additional conforming amendment.--Section 102(b)(1) of
Public Law 107-250 (116 Stat. 1600) is amended, in the matter
preceding subparagraph (A), by striking ``section
738(a)(1)(A)(ii)'' and inserting ``section 738(a)(2)(A)(ii)''.
(3) Public law 107-250.--Public Law 107-250 is amended--
(A) in section 102(a) (116 Stat. 1589), by striking ``(21
U.S.C. 379F et seq.)'' and inserting ``(21 U.S.C. 379f et
seq.)'';
(B) in section 102(b) (116 Stat. 1600)--
(i) by striking paragraph (2);
(ii) in paragraph (1), by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2), respectively; and
(iii) by striking:
``(b) Fee Exemption for Certain Entities Submitting Premarket
Reports.--
``(1) In general.--A person submitting a premarket report'' and
inserting:
``(b) Fee Exemption for Certain Entities Submitting Premarket
Reports.--A person submitting a premarket report''; and
(C) in section 212(b)(2) (116 Stat. 1614), by striking ``,
such as phase IV trials,''.
SEC. 3. REPORT ON BARRIERS TO AVAILABILITY OF DEVICES INTENDED FOR
CHILDREN.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the barriers to the availability of devices intended for the
treatment or diagnosis of diseases and conditions that affect children.
The report shall include any recommendations of the Secretary of Health
and Human Services for changes to existing statutory authority,
regulations, or agency policy or practice to encourage the invention
and development of such devices.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Medical Devices Technical Corrections Act - Amends the Federal Food, Drug, and Cosmetic Act (as amended by the Medical Device User Fee and Modernization Act of 2002) to revise provisions concerning medical devices user fees.
Prohibits the Secretary of Health and Human Services from collecting fees to defray costs in any fiscal year where the amount appropriated is more than five percent below the costs of the resources allocated for the review of device applications.
Allows the Secretary to withdraw accreditation to inspect from any person where the Secretary determines that there is a conflict of interest between the company and the accredited inspector.
Permits a company that markets at least one medical device in the United States and one medical device in another country to use an accredited third party inspector if the company certifies that the foreign country recognizes inspections by: (1) the Food and Drug Administration (FDA); and/or (2) the third party inspector. (Current law requires a country to recognize both types of inspections.)
Allows the Secretary to withdraw eligibility for third party inspections from a company if the Secretary determines that the company is substantially not in compliance with the Act.
Allows electronic labeling for prescription devices intended for use by health care professionals and for in vitro diagnostic devices intended for use by health care professionals or in blood establishments.
Delays by 18 additional months the effective date of the provision deeming a device misbranded if the identification of the manufacturer is not conspicuously displayed.
Directs the Secretary to submit a report to the relevant committees on the barriers to the availability of devices intended for treatment or diagnosis of diseases or conditions that affect children. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments by the Medical Device User Fee and Modernization Act of 2002, and for other purposes."} | 4,224 | 353 | 0.400719 | 1.250742 | 0.601581 | 2.636656 | 11.292605 | 0.784566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans, Women, Families with
Children, and Persons With Disabilities Housing Fairness Act of 2010''.
SEC. 2. TESTING FOR DISCRIMINATION.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a nationwide program of testing to--
(1) detect and document differences in the treatment of
persons seeking to rent or purchase housing or obtain or
refinance a home mortgage loan, and measure patterns of adverse
treatment because of the race, color, religion, sex, familial
status, disability status, or national origin of a renter, home
buyer, or borrower; and
(2) measure the prevalence of such discriminatory practices
across the housing and mortgage lending markets as a whole.
(b) Administration.--The Secretary of Housing and Urban Development
shall enter into agreements with qualified fair housing enforcement
organizations, as such organizations are defined under subsection (h)
of section 561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), for the purpose of conducting the testing required
under subsection (a).
(c) Program Requirements.--The Secretary shall--
(1) submit to the Congress an evaluation by the Secretary
of the effectiveness of the program under this section; and
(2) issue regulations that require each application for the
program under this section to contain--
(A) a description of the assisted activities
proposed to be undertaken by the applicant;
(B) a description of the experience of the
applicant in formulating or carrying out programs to
carry out the activities described in subsection (a);
and
(C) a description of proposed procedures to be used
by the applicant for evaluating the results of the
activities proposed to be carried out under the
program.
(d) Report.--The Secretary of Housing and Urban Development shall
report to Congress--
(1) on a biennial basis, the aggregate outcomes of testing
required under subsection (a) along with any recommendations or
proposals for legislative or administrative action to address
any issues raised by such testing; and
(2) on an annual basis, a detailed summary of the messages
received by the Office of Fair Housing and Equal Opportunity of
the Department through its 24-hour toll-free telephone hotline,
through electronic mail, and through its website.
The Secretary may submit the reports required under paragraph (1) of
this subsection as part of the reports prepared in accordance with
paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42
U.S.C. 3608(e)) and section 561(j) of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a(j)).
(e) Use of Results.--The results of any testing required under
subsection (a) may be used as the basis for the Secretary, or any
Federal agency authorized to bring such an enforcement action, or any
State or local government or agency, public or private nonprofit
organization or institution, or other public or private entity that the
Secretary has entered into a contract or cooperative agreement with
under section 561 of the Housing and Community Development Act of 1987
(42 U.S.C. 3616a) to commence, undertake, or pursue any investigation
or enforcement action to remedy any discriminatory housing practice (as
such term is defined in section 802 of the Fair Housing Act (42 U.S.C.
3602)) uncovered as a result of such testing.
(f) Definitions.--As used in this section:
(1) Disability status.--The term ``disability status'' has
the same meaning given the term ``handicap'' in section 802 of
the Civil Rights Act of 1968 (42 U.S.C. 3602).
(2) Familial status.--The term ``familial status'' has the
same meaning given that term in section 802 of the Civil Rights
Act of 1968 (42 U.S.C. 3602).
(g) Relationship to Other Laws.--Nothing in this section may be
construed to amend, alter, or affect any provision of criminal law or
the Truth in Lending Act (15 U.S.C. 1601 et seq.).
(h) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue regulations that
establish minimum standards for the training of testers of
organizations conducting testing required under subsection (a). Such
regulations shall serve as the basis of an evaluation of such testers,
which shall be developed by the Secretary, and such regulations shall
be issued after notice and an opportunity for public comment in
accordance with the procedure under section 553 of title 5, United
States Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(B), and (d)(3) of such section).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $15,000,000
for each of fiscal years 2011 through 2015.
SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM.
(a) In General.--Section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,''; and
(B) in paragraph (2), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,'';
(2) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out the provisions of this section $42,500,000 for
each of fiscal years 2011 through 2015, of which--
``(A) not less than 75 percent of such amounts
shall be for private enforcement initiatives authorized
under subsection (b);
``(B) not more than 10 percent of such amounts
shall be for education and outreach programs under
subsection (d); and
``(C) any remaining amounts shall be used for
program activities authorized under this section.
``(2) Availability.--Any amount appropriated under this
section shall remain available until expended to carry out the
provisions of this section.'';
(3) in subsection (h), in the matter following subparagraph
(C), by inserting ``and meets the criteria described in
subparagraphs (A) and (C)'' after ``subparagraph (B)''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding after subparagraph (D) the
following new subparagraph:
``(E) websites and other media outlets.'';
(B) in paragraph (2), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''; and
(C) in paragraph (3), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''.
(b) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue regulations that
establish minimum standards for the training of testers of
organizations funded with any amounts made available to carry out this
section for any of fiscal years 2011 through 2015. Such regulations
shall serve as the basis of an evaluation of such testers, which shall
be developed by the Secretary, and shall be issued after notice and an
opportunity for public comment in accordance with the procedure under
section 553 of title 5, United States Code, applicable to substantive
rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such
section).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Housing and Urban
Development should--
(1) fully comply with the requirements of section 561(d) of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(d)) to establish, design, and maintain a national
education and outreach program to provide a centralized,
coordinated effort for the development and dissemination of the
fair housing rights of individuals who seek to rent, purchase,
sell, or facilitate the sale of a home;
(2) expend for such education and outreach programs all
amounts appropriated for such programs;
(3) promulgate regulations regarding the fair housing
obligations of each recipient of Federal housing and community
development funds to affirmatively further fair housing, as
that term is defined under title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et seq.); and
(4) fully comply with the requirements of section 810(a) of
the Fair Housing Act (42 U.S.C. 3610(a)).
SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION.
(a) Grant Program.--The Secretary of Housing and Urban Development
shall carry out a competitive matching grant program to assist public
and private nonprofit organizations in--
(1) conducting comprehensive studies that examine--
(A) the causes of housing discrimination and
segregation;
(B) the effects of housing discrimination and
segregation on education, poverty, and economic
development; or
(C) the incidences, causes, and effects of housing
discrimination and segregation on veterans and military
personnel; and
(2) implementing pilot projects that test solutions that
will help prevent or alleviate housing discrimination and
segregation.
(b) Eligibility.--To be eligible to receive a grant under this
section, a public or private nonprofit organization shall--
(1) submit an application to the Secretary of Housing and
Urban Development, containing such information as the Secretary
shall require;
(2) agree to provide matching non-Federal funds for 50
percent of the total amount of the grant, which matching funds
may include items donated on an in-kind contribution basis; and
(3) meet the requirements of a qualified fair housing
enforcement organization, as such term is defined in section
561(h) of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), or subcontract with a qualified fair housing
enforcement organization as a primary subcontractor.
(c) Report.--The Secretary of Housing and Urban Development shall
submit a report to the Congress on a biennial basis that provides a
detailed summary of the results of the comprehensive studies and pilot
projects carried out under subsection (a), together with any
recommendations or proposals for legislative or administrative actions
to address any issues raised by such studies. The Secretary may submit
the reports required under this subsection as part of the reports
prepared in accordance with paragraphs (2) and (6) of section 808(e) of
the Fair Housing Act (42 U.S.C. 10 3608(e)) and section 561(j) of the
Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $5,000,000 for
each of fiscal years 2011 through 2015.
SEC. 6. LIMITATION ON USE OF FUNDS.
None of the funds made available under this Act, or the amendments
made by this Act, may be used for any political activities, political
advocacy, or lobbying (as such terms are defined by Circular A-122 of
the Office of Management and Budget, entitled ``Cost Principles for
Non-Profit Organizations''), or for expenses for travel to engage in
political activities or preparation of or provision of advice on tax
returns. | Veterans, Women, Families with Children, and Persons With Disabilities Housing Fairness Act of 2010 - (Sec. 2) Instructs the Secretary of Housing and Urban Development (HUD) to conduct, and report to Congress on, a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets.
Authorizes appropriations for FY2011-FY2015.
(Sec. 3) Amends the Housing and Community Development Act of 1987 to require that only qualified private nonprofit fair housing enforcement organizations receive funds under the fair housing initiatives program for investigations of violations of the rights granted under the Civil Rights Act of 1968.
Authorizes appropriations for FY2011-FY2015. Specifies amounts for education and outreach programs.
Requires the design of the national education and outreach program to provide for the development and dissemination of websites and other media outlets among its fair housing media products.
Requires private entities that formulate or carry out programs to prevent or eliminate discriminatory housing practices to be nonprofit in order to be eligible for contracts to: (1) establish or support education and outreach programs at the regional and local levels; and (2) support community-based education and outreach activities.
Requires the Secretary to issue regulations that establish minimum standards for the training of testers of organizations funded with any amounts made available under this Act.
(Sec. 4) Expresses the sense of Congress that the Secretary should: (1) fully comply with such Act's requirements to establish, design, and maintain a national education and outreach program for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) expend all amounts appropriated for such program; (3) promulgate regulations on the fair housing obligations of each recipient of federal housing and community development funds to affirmatively further fair housing; and (4) fully comply with HUD administrative enforcement requirements regarding complaints of alleged discriminatory housing practices. (Sec. 5) Directs the Secretary to implement a competitive matching grant program to assist public and private nonprofit organizations in: (1) conducting comprehensive studies of specified aspects of the causes and effects of housing discrimination and segregation on education, poverty, and economic development or on veterans and military personnel; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation.
Authorizes appropriations for FY2011-FY2015.
(Sec. 6) Prohibits the use of funds made available under this Act for any political activities, political advocacy, or lobbying, or for expenses for travel to engage in political activities or preparation or provision of advice on tax returns. | {"src": "billsum_train", "title": "To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes."} | 2,627 | 645 | 0.669145 | 2.365163 | 0.7961 | 4.979346 | 4.156627 | 0.920826 |
SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND
TARGETED TAX BENEFITS.
(a) In General.--Section 1012 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 683) is amended to read as
follows:
``expedited consideration of certain proposed rescissions
``Sec. 1012. (a) Proposed Rescission of Budget Authority or Repeal
of Targeted Tax Benefits.--The President may propose, at the time and
in the manner provided in subsection (b), the rescission of any budget
authority provided in an appropriation Act or repeal of any targeted
tax benefit provided in any revenue Act. Funds made available for
obligation under this procedure may not be proposed for rescission
again under this section.
``(b) Transmittal of Special Message.--
``(1) The President may transmit to Congress a special
message proposing to rescind amounts of budget authority or to
repeal any targeted tax benefit and include with with that
special message a draft bill that, if enacted, would only
rescind that budget authority or repeal that targeted tax
benefit. That bill shall clearly identify the amount of budget
authority that is proposed to be rescinded for each program,
project, or activity to which that budget authority relates or
the targeted tax benefit proposed to be repealed, as the case
may be. It shall include a Deficit Reduction Account. The
President may place in the Deficit Reduction Account an amount
not to exceed the total rescissions in that bill. A targeted
tax benefit may only be proposed to be repealed under this
section during the 20-calendar-day period (excluding Saturdays,
Sundays, and legal holidays) commencing on the day after the
date of enactment of the provision proposed to be repealed.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the following--
``(A) the amount of budget authority which he
proposes to be rescinded;
``(B) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
``(C) the reasons why the budget authority should
be rescinded;
``(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
(including the effect on outlays and receipts in each
fiscal year) of the proposed rescission; and
``(E) all facts, circumstances, and considerations
relating to or bearing upon the proposed rescission and
the decision to effect the proposed rescission, and to
the maximum extent practicable, the estimated effect of
the proposed rescission upon the objects, purposes, and
programs for which the budget authority is provided.
Each special message shall specify, with respect to the
proposed repeal of targeted tax benefits, the information
required by subparagraphs (C), (D), and (E), as it relates to
the proposed repeal.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations or the Committee on Ways and Means of the House
of Representatives, as applicable. The committee shall report
the bill without substantive revision and with or without
recommendation. The bill shall be reported not later than the
seventh legislative day of that House after the date of receipt
of that special message. If that committee fails to report the
bill within that period, that committee shall be automatically
discharged from consideration of the bill, and the bill shall
be placed on the appropriate calendar.
``(C)(i) During consideration under this paragraph, any
Member of the House of Representatives may move to strike any
proposed rescission or rescissions of budget authority or any
proposed repeal of a target tax benefit, as applicable, if
supported by 49 other Members.
``(ii) It shall not be in order for a Member of the House
of Representatives to move to strike any proposed rescission
under clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account if the program, project, or account
to which the proposed rescission applies was identified in the
Deficit Reduction Account in the special message under
subsection (b).
``(D) A vote on final passage of the bill shall be taken in
the House of Representatives on or before the close of the 10th
legislative day of that House after the date of the
introduction of the bill in that House. If the bill is passed,
the Clerk of the House of Representatives shall cause the bill
to be engrossed, certified, and transmitted to the Senate
within one calendar day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill under this section shall be governed by the Rules of the
House of Representatives. It shall not be in order in the House
of Representatives to consider any rescission bill introduced
pursuant to the provisions of this section under a suspension
of the rules or under a special rule.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(D) shall be referred to its Committee on
Appropriations or Committee on Finance, as applicable. That
committee shall report the bill without substantive revision
and with or without recommendation. The bill shall be reported
not later than the seventh legislative day of the Senate after
it receives the bill. A committee failing to report the bill
within such period shall be automatically discharged from
consideration of the bill, and the bill shall be placed upon
the appropriate calendar.
``(B)(i) During consideration under this paragraph, any
Member of the Senate may move to strike any proposed rescission
or rescissions of budget authority or any proposed repeal of a
targeted tax benefit, as applicable, if supported by 14 other
Members.
``(ii) It shall not be in order for a Member of the House
or Senate to move to strike any proposed rescission under
clause (i) unless the amendment reduces the appropriate Deficit
Reduction Account (pursuant to section 314) if the program,
project, or account to which the proposed rescission applies
was identified in the Deficit Reduction Account in the special
message under subsection (b).
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
(including debate pursuant to subparagraph (C)), shall not
exceed 10 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--Except as otherwise
provided by this section, no amendment to a bill considered under this
section shall be in order in either the House of Representatives or the
Senate. It shall not be in order to demand a division of the question
in the House of Representatives (or in a Committee of the Whole) or in
the Senate. No motion to suspend the application of this subsection
shall be in order in either House, nor shall it be in order in either
House to suspend the application of this subsection by unanimous
consent.
``(e) Requirement To Make Available for Obligation.--(1) Any amount
of budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House rejects
the bill transmitted with that special message.
``(2) Any targeted tax benefit proposed to be repealed under this
section as set forth in a special message transmitted to Congress under
subsection (b) shall be deemed repealed unless, during the period
described in that subsection, either House rejects the bill transmitted
with that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
``(2) the term `legislative day' means, with respect to
either House of Congress, any day of session; and
``(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a different treatment to a particular taxpayer or a
limited class of taxpayers, whether or not such provision is
limited by its terms to a particular taxpayer or a class of
taxpayers. Such term does not include any benefit provided to a
class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents, or
marital status.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1012, and 1017''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1012 and 1017''.
(c) Conforming Amendments.--
(1) Section 1011 of the Congressional Budget Act of 1974 (2
U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5)
and by redesignating paragraph (4) as paragraph (3).
(2) Section 1014 of such Act (2 U.S.C. 685) is amended--
(A) in subsection (b)(1), by striking ``or the
reservation''; and
(B) in subsection (e)(1), by striking ``or a
reservation'' and by striking ``or each such
reservation''.
(3) Section 1015(a) of such Act (2 U.S.C. 686) is amended
by striking ``is to establish a reserve or'', by striking ``the
establishment of such a reserve or'', and by striking ``reserve
or'' each other place it appears.
(4) Section 1017 of such Act (2 U.S.C. 687) is amended--
(A) in subsection (a), by striking ``rescission
bill introduced with respect to a special message or'';
(B) in subsection (b)(1), by striking ``rescission
bill or'', by striking ``bill or'' the second place it
appears, by striking ``rescission bill with respect to
the same special message or'', and by striking ``, and
the case may be,'';
(C) in subsection (b)(2), by striking ``bill or''
each place it appears;
(D) in subsection (c), by striking ``rescission''
each place it appears and by striking ``bill or'' each
place it appears;
(E) in subsection (d)(1), by striking ``rescission
bill or'' and by striking ``, and all amendments
thereto (in the case of a rescission bill)'';
(F) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by amending the second sentence to
read as follows: ``Debate on any debatable
motion or appeal in connection with an
impoundment resolution shall be limited to 1
hour, to be equally divided between, and
controlled by, the mover and the manager of the
resolution, except that in the event that the
manager of the resolution is in favor of any
such motion or appeal, the time in opposition
thereto shall be controlled by the minority
leader or his designee.'';
(iii) by striking the third sentence; and
(iv) in the fourth sentence, by striking
``rescission bill or'' and by striking
``amendment, debatable motion,'' and by
inserting ``debatable motion'';
(G) in paragraph (d)(3), by striking the second and
third sentences; and
(H) by striking paragraphs (4), (5), (6), and (7)
of paragraph (d).
(d) Clerical Amendments.--The item relating to section 1012 in the
table of sections for subpart B of title X of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 1012. Expedited consideration of certain proposed rescissions
and targeted tax benefits.''.
Passed the House of Representatives July 14, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4600
_______________________________________________________________________
AN ACT
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed
rescissions of budget authority. | Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind amounts of budget authority or to repeal any targeted tax benefit provided in a revenue Act. Requires that such special message be accompanied by a draft bill or joint resolution that would, if enacted, only rescind the budget authority or repeal the targeted tax benefit Requires such bill to include a Deficit Reduction Account. Allows the President to place rescinded amounts in such Account. Sets forth House and Senate procedures for the expedited consideration of such a proposal. | {"src": "billsum_train", "title": "Expedited Rescissions Act of 1994"} | 3,570 | 159 | 0.633784 | 1.708734 | 0.737572 | 3.190083 | 27.256198 | 0.892562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Chronic Kidney Disease
Management Act of 2002''.
SEC. 2. DELAYING ONSET OF ESRD.
(a) Medicare Coverage of Chronic Kidney Disease Patients.--
(1) In general.--Section 226A of the Social Security Act
(42 U.S.C. 426-1) is amended--
(A) by redesignating the last subsection as
subsection (e); and
(B) by inserting after subsection (c) the following
new subsection:
``(d)(1)(A) Notwithstanding any provision to the contrary in
section 226 or title XVIII, every qualified chronic kidney disease
patient (as defined in paragraph (2)) shall, in accordance with the
succeeding provisions of this section, be entitled to benefits under
part A and eligible to enroll under part B of title XVIII, subject to
the deductible, premium, and coinsurance provisions of that title.
``(B) No qualified chronic kidney disease patient may enroll under
part C of title XVIII.
``(2) For purposes of this subsection, the term ``qualified chronic
kidney disease patient'' means an individual--
``(A) who would otherwise be described in subsection (a)
but for paragraph (2) of that subsection;
``(B) who has been diagnosed with chronic kidney disease;
``(C) with respect to whom, a physician certifies that--
``(i) the individual, under generally accepted
clinical standards, will likely need dialysis
treatments or a kidney transplant within the two-year
period beginning on the date of certification; and
``(ii) the individual may benefit from a program of
pre-ESRD services (as defined in section 1861(ww)(1));
and
``(D) who certifies that the individual does not have
health insurance coverage.''.
(2) Conforming amendments.--Section 1811 of such Act (42
U.S.C. 1395c) is amended by inserting before the period the
following: ``or who are qualified chronic kidney disease
patient (as defined in section 226A(d)(2))''.
(3) Effective Date.--The amendments made by this subsection shall
take effect January 1, 2004.
(b) Coverage of pre-ESRD Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(U);
(B) by inserting ``and'' at the end of subparagraph
(V); and
(C) by adding at the end the following new
subparagraph:
``(W) pre-ESRD services (as defined in subsection (ww)(1))
for an individual who has been diagnosed with chronic kidney
disease and, with respect to whom, a physician certifies that--
``(i) the individual, under generally accepted
clinical standards, will likely need dialysis
treatments within the two-year period beginning on the
date of certification; and
``(ii) the individual may benefit from a program of
pre-ESRD services;''.
(2) Services Described.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:
``Pre-ESRD Services
``(ww)(1) The term `pre-ESRD Services' means any or all of the
following services:
``(A) Individual and group nutritional counseling services
for the purpose of chronic kidney disease management that are
furnished by a registered dietitian or nutrition professional
(as defined in subsection (vv)(2)) pursuant to a referral by a
physician (as defined in subsection (r)(1)).
``(B) Counseling furnished by qualified health care
providers that--
``(i) provides comprehensive information regarding
the management of comorbidities, and the prevention of
uremic complications;
``(ii) ensures active participation of the
individual in the choice of therapy or therapies; and
``(iii) provides comprehensive information
regarding modalities of treatment for kidney disease
and end-stage renal disease, including organ
transplantation, hemodialysis, peritoneal dialysis, and
home dialysis.
``(C) Counseling, items and services, including tissue
typing, furnished by qualified health care providers for
preparation of possible organ transplantation.
``(D) Items and services furnished by qualified health care
providers for the preparation of vascular access required for
dialysis treatment.
``(E) Such other services as the Secretary determines
appropriate, in consultation with national organizations
representing individuals and entities who furnish pre-ESRD
services and patients receiving such services.
``(2) The Secretary shall establish such criteria as the Secretary
determines appropriate for qualifications required for individuals to
furnish pre-ESRD services under paragraph (1).''.
(3) Payment amount.--
(A) In general.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(U)''; and
(ii) by inserting before the semicolon at
the end the following: ``, and (V) with respect
to pre-ESRD services, the amount paid shall be
80 percent of the amount determined under the
fee schedule established under section
1834(e)''.
(B) Establishment of fee schedule.--Section 1834 of
such Act (42 U.S.C. 1395m) is amended by inserting
after subsection (d) the following new subsection:
``(e) Fee Schedule for pre-ESRD Services.--
``(1) In general.--The Secretary shall establish a fee
schedule for payment for pre-ESRD services in accordance with
the requirements of this subsection.
``(2) Considerations.--In establishing such fee schedule,
the Secretary shall--
``(A) establish mechanisms to promote the efficient
delivery of care;
``(B) establish definitions for pre-ESRD services
which link payments to the type of services provided;
``(C) consider appropriate regional and operational
differences; and
``(D) consider adjustments to payment rates to
account for inflation and other relevant factors.
``(3) Consultation.--In establishing the fee schedule for
pre-ESRD services under this subsection, the Secretary shall
consult with various national organizations representing
individuals and entities who furnish pre-ESRD services and
patients receiving such services.
``(4) Coding system.--The Secretary may require the claim
for any services for which the amount of payment is determined
under this subsection to include a code (or codes) under a
uniform coding system specified by the Secretary that
identifies the services furnished.''.
(3) Permitting dialysis facilities to bill for pre-ESRD
services furnished in the facility.--Section 1881(b) is amended
by adding at the end the following new paragraph:
``(12) A renal dialysis facility may provide for the furnishing of
some or all pre-ESRD services (as defined in section 1861(ww)(2). The
facility may submit to the Secretary a claim for payment for such
services furnished in the facility, and the Secretary shall not require
the facility, or the employee of the facility who is qualified to
furnish such services, to apply for a separate provider number for
purposes of payment under this title.''. | Medicare Chronic Kidney Disease Management Act of 2002 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act. | {"src": "billsum_train", "title": "To amend the Social Security Act to provide for coverage under the Medicare Program of chronic kidney disease patients who are not end-stage renal disease patients."} | 1,676 | 74 | 0.610066 | 1.441667 | 0.845853 | 2.763636 | 27.472727 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Revitalization Act of
1993''.
SEC. 2. DECLARATION OF POLICY.
Congress finds and declares the following:
(1) The United States commercial airline industry is
currently suffering severe financial distress.
(2) Sustained record losses and excessive debt burdens are
causing air carriers to cancel new aircraft options and orders
which, in turn, is threatening the economic viability of the
United States aerospace manufacturing industry.
(3) Many air carriers are increasingly unable to obtain
financing at reasonable interest rates for purchasing new
equipment.
(4) The inability of many air carriers to acquire new,
quieter, more fuel efficient Stage 3 aircraft may jeopardize
the planned phaseout of noisier Stage 2 aircraft.
(5) A Federal loan guarantee program should, therefore, be
established to support the financing of new aircraft, or new
aircraft components, in a way that assures the phasing out of
less fuel-efficient, noisier, and older aircraft at the same
time.
SEC. 3. AUTHORIZATION TO GUARANTEE FINANCING OF NEW AIRCRAFT.
Title XI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1501
et seq.) is amended by adding at the end the following new section:
``SEC. 1119. FINANCING OF NEW AIRCRAFT.
``(a) Authorization of Loan Guarantee Program.--The Secretary is
authorized to guarantee loans for the financing of new aircraft, or new
aircraft components, for use by air carriers that meet the terms and
conditions set forth in subsection (b) and that agree to pay (directly
if the carrier is the loan guarantee recipient, or indirectly if
another person is loan guarantee recipient) subsidy fees assessed under
subsection (e). Subject to subsection (b), such guarantees may be made
with respect to--
``(1) loans to an air carrier that will use such new
aircraft or such new aircraft components; or
``(2) loans to a person purchasing such new aircraft, or
such new aircraft components, for lease to and use by an air
carrier.
``(b) Terms and Conditions.--A loan guarantee under this section
shall be subject to the following terms and conditions:
``(1) The loan guarantee must lead to the delivery of new
aircraft, or new aircraft components, to an air carrier
certificated under part 121 of title 14, Code of Federal
Regulations, and such delivery shall occur no later than
December 31, 1999.
``(2) The loan guarantee must be made for the purpose of
financing the acquisition of new aircraft, or new aircraft
components, that comply with Stage 3 noise standards.
``(3) The loan guarantee shall only be available for the
purchase of new aircraft, or new aircraft components, from
companies that both--
``(A) publish independently audited financial
disclosure information and financial results; and
``(B) also are domiciled in countries that comply
with all major international agreements governing
aerospace trade, including but not limited to the GATT
Civil Aircraft Agreement, the GATT Subsidies Code, the
United States-European Community bilateral aircraft
agreement, the OECD Large Aircraft Sector
Understanding, and bilateral air services agreements
with the United States.
``(4) In the case of any air carrier taking delivery of a
new aircraft financed under this section which owns or operates
either aging aircraft or Stage 2 aircraft, such air carrier as
borrower or lessee must, except as provided in paragraph (5),
agree that, after April 1, 1993, it did remove from service, or
that no later than the sixtieth day after the aircraft being
financed is placed on the air carrier's operations
specifications under part 121 of title 14, Code of Federal
Regulations, or December 31, 1999, whichever occurs first, it
will remove from service--
``(A) sufficient aging aircraft or Stage 2 aircraft
which, at maximum certified capacity, equal or exceed,
in the aggregate and pursuant to rules promulgated by
the Secretary, 200 per centum of the number of seats
(or in the case of all-cargo aircraft 200 per centum of
cargo capacity) of the new aircraft being financed; or
``(B) all of its remaining aging aircraft and Stage
2 aircraft,
whichever number of aircraft is less; except that in the event
the maximum capacity of such aircraft removed from service
exceeds the number of seats or cargo capacity required under
this section, such excess seat or cargo capacity may be carried
forward as a credit available to be added to the capacity of
other aircraft removed from service for the purpose of
complying with this section for subsequent loan guarantees.
``(5) When an air carrier described in paragraph (4) is
taking delivery of only all-cargo aircraft, the carrier may, in
lieu of removing Stage 2 all-cargo aircraft from service,
modify on or after April 15, 1993, such Stage 2 aircraft in
order to meet Stage 3 noise standards on the same number of
such Stage 2 aircraft that otherwise would have had to be
removed from service within the contiguous States of the United
States under paragraph (4); except that such modified aircraft
must remain configured for all-cargo service and shall not be
converted to passenger-cargo combination service.
``(6) Each aircraft removed from service by an air carrier
under paragraph (4) shall be taken off the registry of
certificated aircraft by the Secretary and may not subsequently
be registered in the United States; except that--
``(A) the Secretary may continue to keep an
aircraft on the registry of certificated aircraft if
such aircraft--
``(i) is not based in any of the several
States of the United States and is engaged in
common carriage entirely outside the several
States; or
``(ii) is used solely outside the
contiguous States of the United States; and
``(B) in a case where the aircraft removed from
service is owned by a person not affiliated with such
air carrier and was operated by such air carrier under
lease on or before April 1, 1993, the Secretary may
continue to keep such aircraft on the registry of
certificated aircraft if such owner brings such
aircraft into compliance with Stage 3 noise standards
prior to its lease or sale to another air carrier or
lessor.
``(7) An air carrier which is to take delivery of a new
aircraft, or new aircraft components, financed under this
section must warrant that it did not after August 1, 1993, and
will not on and after the date of enactment of this section,
place in service any aging aircraft or Stage 2 aircraft to its
fleet.
``(8) An air carrier's violation of the warranty under
paragraph (7) shall constitute a revocation of all outstanding
loan guarantees under this section that were made for the
purpose of financing delivery of new aircraft, or new aircraft
components, to such air carrier.
``(9) The Secretary may not grant a waiver, to any air
carrier that takes delivery of a new aircraft, or new aircraft
components, financed by a loan guarantee under this section,
that would allow such air carrier to operate Stage 2 aircraft
beyond December 31, 1999, in interstate air transportation.
``(10) At least 75 per centum of any new aircraft, or new
aircraft components, financed by a loan guarantee under this
section shall be manufactured or produced in the United States.
``(c) Regulations.--No later than sixty days after the date of
enactment of this section, the Secretary shall promulgate regulations
implementing the loan guarantee program authorized by this section.
``(d) Fiduciary Duties of Secretary.--
``(1) In general.--To implement this section, the
Secretary--
``(A) shall apply reasonable and prudent fiduciary
standards in determining whether to make any specific
loan guarantee, and is authorized to take such action
as may be appropriate to enforce any right accruing to
the United States or any officer or agency thereof as a
result of making a loan guarantee under this section;
``(B) shall make loan guarantees on rates, terms,
and conditions which, in the judgment of the Secretary,
offer reasonable assurance of repayment;
``(C) may require that loans guaranteed under this
section be secured by the new aircraft or new aircraft
components being financed, to provide sufficient
collateral; and
``(D) may not guarantee a loan amount that is more
than 85 per centum of the manufacturer's price to the
air carrier of the new aircraft, or new aircraft
components, being financed.
``(2) Security interest.--If the Secretary requires
collateral under paragraph (1)(C)--
``(A) such collateral, to the extent of the
guaranteed loan and associated fees, shall be deemed to
be subject to a purchase-money equipment security
interest in the new aircraft or new aircraft components
for purposes of section 1110 or title 11, United States
Code; and
``(B) the Secretary may also authorize a security
interest in such collateral, or an equal and pro rata
basis or as may be otherwise agreed by the Secretary,
for persons providing loans that are not guaranteed
under this section but that finance any portion of the
price of such new aircraft or new aircraft components.
``(e) Assessment of Fees.--
``(1) In general.--A loan guarantee under this section
shall remain in effect only so long as the loan guarantee
recipient pays the subsidy fee assessed under paragraph (2).
``(2) Subsidy fee.--For each loan guarantee under this
section, the Secretary shall assess and collect a subsidy fee
from the loan guarantee recipient that is equal to the cost, as
defined by section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5)), of such guarantee.
``(f) Annual Report.--The Secretary shall, not later than March 1
of each year, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives a report that--
``(1) describes the progress of the loan guarantee program
authorized by this section;
``(2) identifies any problems with such program; and
``(3) describes the loan guarantees made under this
section, including the identity of the air carriers and other
persons receiving loans to which such guarantees apply.
``(g) Definitions.--As used in this section, the following
definitions apply:
``(1) Aging aircraft.--The term `aging aircraft' means one
or more airplanes that were placed into service more than
twenty-two years prior to the date of enactment of this
section.
``(2) New aircraft.--The term `new aircraft' means one or
more newly manufactured airplanes, including associated spare
parts and engines included in the original purchase, that have
not been previously registered or placed into service.
``(3) New aircraft components.--The term `new aircraft
components' means components or parts (or both), of an
aircraft, that can be financed separately from the body or
frame of the aircraft, including jet engines, Administrator-
approved Stage 3 hush kits for jet engines, and avionics
systems.
``(4) Remove from service.--The term `remove from service'
means to--
``(A) eliminate, permanently and irrevocably,
aircraft from the fleet of an air carrier on or after
April 15, 1993;
``(B) transfer aircraft to another air carrier,
after April 1, 1993, but before the date of enactment
of this section, for use in common carriage entirely
outside the several States of the United States; or
``(C) remove aircraft permanently and entirely from
use in common carriage in the United States.
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(6) Stage 2 aircraft.--The term `Stage 2 aircraft' means
one or more airplanes as defined by section 36.1(f)(4) of title
14, Code of Federal Regulations, as in effect on the date of
enactment of this section.
``(7) Stage 3 aircraft.--The term `Stage 3 aircraft' means
one or more airplanes as defined by section 36.1(f)(6) of title
14, Code of Federal Regulations, as in effect on the date of
enactment of this section.''. | Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers to finance the acquisition of new aircraft and encourage the retirement of older or Stage two aircraft. | {"src": "billsum_train", "title": "Aviation Revitalization Act of 1993"} | 2,640 | 56 | 0.549296 | 1.389402 | 0.669841 | 2.659574 | 55.212766 | 0.914894 |
SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL
ESTABLISHMENT.
(a) In General.--The legislative authority for each of the
following groups to establish a commemorative work (as defined by
Public Law 99-652, as amended) shall expire at the end of the 10-year
period beginning on the date of enactment of such authority for the
respective commemorative work, notwithstanding the time period
limitation specified in section 10(b) of that Public Law:
(1) The Black Revolutionary War Patriots Foundation.
(2) The Women in Military Service for America Memorial
Foundation.
(3) The National Peace Garden.
(b) Name Change.--(1) The Congress finds that the Peace Garden
Project, Incorporated, has changed its name to the National Peace
Garden.
(2) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the entity referred to in
paragraph (1) shall be deemed to be a reference to the National Peace
Garden.
SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS.
(a) Definitions.--(1) Section 2(c) of the Act entitled ``An Act to
provide standards for placement of commemorative works on certain
Federal lands in the District of Columbia and its environs, and for
other purposes'' (40 U.S.C. 1002(c)) is amended--
(A) by inserting ``plaque, inscription,'' after ``memorial,'';
(B) by striking out ``a person'' and inserting in lieu thereof
``an individual''; and
(C) by inserting ``American'' before ``history''.
(2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is amended by
striking ``an individual, group or organization'' and inserting ``a
public agency, and an individual, group or organization that is
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code, and which is''.
(b) Authorization.--Section 3 of such Act (40 U.S.C. 1003) is
amended as follows:
(1) In subsection (a), by inserting ``on Federal lands referred
to in section 1(d)'' after ``established''.
(2) By redesignating subsection (b) as subsection (d) and
inserting after subsection (a) the following new subsections:
``(b) A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or to commemorate
any branch of the Armed Forces. No commemorative work commemorating a
lesser conflict or a unit of an Armed Force shall be authorized.
Commemorative works to a war or similar major military conflict shall
not be authorized until at least 10 years after the officially
designated end of the event.
``(c) A commemorative work commemorating an event, individual, or
group of individuals, other than a military commemorative work as
described in subsection (b) of this section, shall not be authorized
until after the 25th anniversary of the event, death of the individual,
or death of the last surviving member of the group.''.
(c) Specific Conditions Applicable to Areas I and II.--Section 6 of
such Act (40 U.S.C. 1006) is amended to read as follows:
``specific conditions applicable to area i and area ii
``Sec. 6. (a) Area I.--The Secretary or Administrator (as
appropriate) may, after seeking the advice of the National Capital
Memorial Commission, recommend the location of a commemorative work in
Area I only if the Secretary or Administrator (as appropriate)
determines that the subject of the commemorative work is of preeminent
historical and lasting significance to the Nation. The Secretary or
Administrator (as appropriate) shall notify the National Capital
Memorial Commission and the committees of Congress specified in section
3(b) of the recommendation by the Secretary or Administrator (as
appropriate) that a commemorative work should be located in Area I. The
location of a commemorative work in Area I shall be deemed not
authorized, unless, not later than 150 calendar days after such
notification, the recommendation is approved by law.
``(b) Area II.--Commemorative works of subjects of lasting
historical significance to the American people may be located in Area
II.''.
(d) Site and Design Approval.--Section 7 of such Act (40 U.S.C.
1007) is amended--
(1) in the matter preceding paragraph (1) of subsection (a), by
striking out ``commencing construction of the commemorative work''
and inserting in lieu thereof ``requesting the permit for the
construction of the commemorative work'';
(2) in paragraph (1) of subsection (a)--
(A) by inserting ``the selection of alternative sites and
designs for'' after ``regarding''; and
(B) by striking out the second sentence;
(3) in paragraph (2) of subsection (a), by striking out ``and
the Secretary or Administrator (as appropriate)''; and
(4) in the matter preceding paragraph (1) of subsection (b), by
inserting ``(but not limited by)'' after ``guided by''.
(e) Criteria for Issuance of Construction Permit.--(1) Section
8(a)(3) of such Act (40 U.S.C. 1008(a)(3)) is amended by striking out
``contracts for construction and drawings'' and inserting in lieu
thereof ``contract documents for construction''.
(2) Section 8 of such Act (40 U.S.C. 1008) is amended by adding at
the end the following:
``(c)(1) The Secretary or the Administrator (as appropriate) may
suspend any activity under the authority of this Act with respect to
the establishment of a commemorative work if the Secretary or
Administrator determines the fundraising efforts with respect to the
commemorative work have misrepresented an affiliation with the
commemorative work or the United States.
``(2) The person shall be required to submit to the Secretary or
Administrator an annual report of operations, including financial
statements audited by an independent certified public accountant, paid
for by the person authorized to construct the commemorative work.''.
(f) Temporary Site Designation.--Section 9(a) of such Act (40
U.S.C. 1009(a)) is amended by striking out ``he may designate such a
site on lands administered by him'' and inserting in lieu thereof ``a
site may be designated on lands administered by the Secretary''.
(g) Miscellaneous Provisions.--Section 10(d) of such Act (40 U.S.C.
1010(d)) is amended to read as follows:
``(d) The Secretary and the Administrator shall develop appropriate
regulations or standards to carry out this Act.''.
(h) Short Title.--Such Act is amended by adding at the end the
following new section:
``short title
``Sec. 11. This Act may be cited as the `Commemorative Works
Act'.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Commemorative Works Act - Extends the authorization of the following entities to establish a memorial on Federal land in the District of Columbia to: (1) October 27, 1996, for the Black Revolutionary War Patriots; (2) November 6, 1999, for the Women in Military Service for America Memorial Foundation; and (3) June 30, 1997, for the National Peace Garden.
Deems any reference in a record of the United States to the Peace Garden Project, Inc., to be a reference to the National Peace Garden.
Changes the definition of "commemorative works" to include a plaque or inscription. Requires such works to be significant in American history (currently, history). Defines "person" to mean a public agency, an individual, group, or organization that is tax-exempt.
Prohibits commemorative works from being established on Federal lands administered by the National Park Service and the General Services Administration located in Areas I and II in the District of Columbia or its environs without congressional authorization.
Authorizes a military commemorative work only to honor a major conflict (war) or military branch. Prohibits the authorization of a commemorative work that honors a lesser conflict or an armed forces unit. Provides that commemorative works honoring: (1) a major conflict (war) shall not be authorized until at least ten years after the officially designated end of the event; and (2) a nonmilitary event, individual, or group of individuals shall not be authorized until after the 25th anniversary of the event or death of the individual(s).
Authorizes the Secretary of the Interior or the Administrator of General Services (as appropriate) to suspend any activity with respect to the establishment of a commemorative work if the Secretary or Administrator determines the fund raising efforts regarding the commemorative work have misrepresented an affiliation with the commemorative work or the United States.
Requires a person authorized to construct the commemorative work to submit annually to the Secretary and the Administrator an operations report, including financial statements audited by an independent certified public accountant, paid for by the individual. | {"src": "billsum_train", "title": "Commemorative Works Act"} | 1,647 | 454 | 0.653132 | 2.005614 | 0.718539 | 3.067164 | 3.604478 | 0.853234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Adolescents From
Exploitation-Online Act of 2007'' or the ``SAFE Act of 2007''.
SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE
PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2258 the following:
``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE PROVIDERS.
``(a) Duty To Report.--
``(1) In general.--Whoever, while engaged in providing an
electronic communication service or a remote computing service
to the public through a facility or means of interstate or
foreign commerce, obtains actual knowledge of any facts or
circumstances described in paragraph (2) shall, as soon as
reasonably possible--
``(A) complete and maintain with current
information a registration with the CyberTipline of the
National Center for Missing and Exploited Children, or
any successor to the CyberTipline operated by such
center, by providing the mailing address, telephone
number, facsimile number, electronic mail address of,
and individual point of contact for, such electronic
communication service provider or remote computing
service provider; and
``(B) make a report of such facts or circumstances
to the CyberTipline, or any successor to the
CyberTipline operated by such center.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances that
appear to indicate a violation of--
``(A) section 2251, 2251A, 2252, 2252A, 2252B, or
2260 that involves child pornography; or
``(B) section 1466A.
``(b) Contents of Report.--To the extent available to an electronic
communication service provider or a remote computing service provider,
each report under subsection (a)(1) shall include the following
information:
``(1) Information about the involved individual.--
Information relating to the Internet identity of any individual
who appears to have violated a Federal law in the manner
described in subsection (a)(2), which shall, to the extent
reasonably practicable, include the electronic mail address,
website address, uniform resource locator, or any other
identifying information, including self-reported identifying
information.
``(2) Historical reference.--Information relating to when
any apparent child pornography was uploaded, transmitted,
reported to, or discovered by the electronic communication
service provider or remote computing service provider, as the
case may be, including a date and time stamp and time zone.
``(3) Geographic location information.--Information
relating to the geographic location of the involved individual,
hosting website, or uniform resource locator, which shall
include the Internet Protocol Address or verified billing
address, or, if not reasonably available, at least one form of
geographic identifying information, including area code or zip
code. The information shall also include any self-reported
geographic information.
``(4) Images of apparent child pornography.--Any image of
any apparent child pornography relating to the incident such
report is regarding.
``(5) Commingled images.--Any images, data, or other
digital files (collectively referred to as `digital files')
which are commingled or interspersed among the images of
apparent child pornography. If it would impose an undue
hardship to provide these commingled digital files as part of
the report, because of the volume of the digital files or for
other reasons, the reporting company shall, in lieu of
providing those digital files, inform the CyberTipline of the
existence of such digital files, and retain those digital files
as if they were part of the report as required pursuant to
subsection (h).
``(c) Forwarding of Report to Law Enforcement.--
``(1) In general.--The National Center for Missing and
Exploited Children shall forward each report made under
subsection (a)(1) to any appropriate law enforcement agency
designated by the Attorney General under subsection (d)(2).
``(2) State and local law enforcement.--The National Center
for Missing and Exploited Children may forward any report made
under subsection (a)(1) to an appropriate official of a State
or political subdivision of a State for the purpose of
enforcing State criminal law.
``(3) Foreign law enforcement.--The National Center for
Missing and Exploited Children may forward any report made
under subsection (a)(1) to any appropriate foreign law
enforcement agency designated by the Attorney General under
subsection (d)(3), subject to the conditions established by the
Attorney General under subsection (d)(3).
``(d) Attorney General Responsibilities.--
``(1) In general.--The Attorney General shall enforce this
section.
``(2) Designation of federal agencies.--The Attorney
General shall designate promptly the Federal law enforcement
agency or agencies to which a report shall be forwarded under
subsection (c)(1).
``(3) Designation of foreign agencies.--The Attorney
General shall promptly--
``(A) designate the foreign law enforcement
agencies to which a report may be forwarded under
subsection (c)(3);
``(B) establish the conditions under which such a
report may be forwarded to such agencies; and
``(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law
enforcement agencies in obtaining evidence related to a
report referred under subsection (c)(3).
``(e) Failure To Report.--An electronic communication service
provider or remote computing service provider that knowingly and
willfully fails to make a report required under subsection (a)(1) shall
be fined--
``(1) in the case of an initial knowing and willful failure
to make a report, not more than $150,000; and
``(2) in the case of any second or subsequent knowing and
willful failure to make a report, not more than $300,000.
``(f) Protection of Privacy.--Nothing in this section shall be
construed to require an electronic communication service provider or a
remote computing service provider to--
``(1) monitor any user, subscriber, or customer of that
provider;
``(2) monitor the content of any communication of any
person described in paragraph (1); or
``(3) affirmatively seek facts or circumstances described
in subsection (a)(2).
``(g) Conditions of Disclosure Information Contained Within
Report.--
``(1) In general.--Except as provided in paragraph (2), a
law enforcement agency that receives a report under subsection
(c) shall not disclose any information contained in that
report.
``(2) Permitted disclosures.--A law enforcement agency may
disclose information in a report received under subsection
(c)--
``(A) to an attorney for the government for use in
the performance of the official duties of that
attorney;
``(B) to such officers and employees of that law
enforcement agency, as may be necessary in the
performance of their investigative and recordkeeping
functions;
``(C) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the
government to assist the attorney in the performance of
the official duties of the attorney in enforcing
Federal criminal law;
``(D) if the report discloses a violation of State
criminal law, to an appropriate official of a State or
subdivision of a State for the purpose of enforcing
such State law;
``(E) to a defendant in a criminal case or the
attorney for that defendant, to the extent the
information relates to a criminal charge pending
against that defendant;
``(F) to an electronic communication service
provider or remote computing provider if necessary to
facilitate response to legal process issued in
connection to that report. The electronic communication
service provider or remote computing service provider
shall be prohibited from disclosing the contents of
that report to any person, except as necessary to
respond to the legal process; and
``(G) as ordered by a court upon a showing of good
cause and pursuant to any protective orders or other
conditions that the court may impose.
``(h) Evidence Preservation.--
``(1) In general.--For the purposes of this section, the
notification to an electronic communication service provider or
a remote computing service provider by the CyberTipline of
receipt of a report under subsection (a)(1) shall be treated as
notice to preserve, as if such notice was made pursuant to
section 2703(f).
``(2) Preservation of report.--Pursuant to subsection
(h)(1), an electronic communication service provider or a
remote computing service shall preserve the contents of the
report provided pursuant to subsection (b) as well as the
information in subsection (c)(2) of section 2703 pertaining to
the involved individual for not less than 180 days after such
notification by the CyberTipline.
``(3) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or otherwise
interfering with the authorities and duties under section 2703.
``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE
PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN
NAME REGISTRAR.
``(a) In General.--Except as provided in subsections (b) and (c), a
civil claim or criminal charge against an electronic communication
service provider, a remote computing service provider, or domain name
registrar, including any director, officer, employee, or agent of such
electronic communication service provider, remote computing service
provider, or domain name registrar arising from the performance of the
reporting responsibilities of such electronic communication service
provider, remote computing service provider, or domain name registrar
under this section, section 2258A, or section 2258C may not be brought
in any Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall not apply to a claim if the electronic communication service
provider, remote computing service provider, or domain name registrar,
or a director, officer, employee, or agent of that electronic
communication service provider, remote computing service provider, or
domain name registrar--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk
of causing injury without legal justification; or
``(C) for a purpose unrelated to the performance of
any responsibility or function under this section,
section 2258A, or section 2258C.
``(c) Ordinary Business Activities.--Subsection (a) shall not apply
to an act or omission relating to an ordinary business activity of an
electronic communication service provider, a remote computing service
provider, or domain name registrar, including general administration or
operations, the use of motor vehicles, or personnel management.
``(d) Minimizing Access.--An electronic communication service
provider, a remote computing service provider, and domain name
registrar shall--
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A or 2258C; and
``(2) ensure that any such image is permanently destroyed,
upon notification from a law enforcement agency.
``SEC. 2258C. USE OF IMAGES FROM THE CYBERTIPLINE TO COMBAT CHILD
PORNOGRAPHY.
``(a) In General.--The National Center for Missing and Exploited
Children is authorized to provide elements relating to any image
reported to its CyberTipline to an electronic communication service
provider or a remote computing service provider for the sole and
exclusive purpose of permitting that electronic communication service
provider or remote computing service provider to stop the further
transmission of images. Such elements may include unique identifiers
associated with a specific image, Internet location of images, and
other technological elements that can be used to identify and stop the
transmission of child pornography.
``(b) Use by Electronic Communication Service Providers and Remote
Computing Service Providers.--Any electronic communication service
provider or remote computing service provider that receives elements
relating to an image from the National Center for Missing and Exploited
Children under this section may use such information only for the
purposes described in this section, provided that such use shall not
relieve that electronic communication service provider or remote
computing service provider from its reporting obligations under section
2258A.
``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN.
``(a) In General.--Except as provided in subsections (b) and (c), a
civil claim or criminal charge against the National Center for Missing
and Exploited Children, including any director, officer, employee, or
agent of such center, arising from the performance of the CyberTipline
responsibilities or functions of such center, as described in this
section, section 2258A or 2258C of this title, or section 404 of the
Missing Children's Assistance Act (42 U.S.C. 5773), or from the effort
of such center to identify child victims may not be brought in any
Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall not apply to a claim or charge if the National Center for Missing
and Exploited Children, or a director, officer, employee, or agent of
such center--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk
of causing injury without legal justification; or
``(C) for a purpose unrelated to the performance of
any responsibility or function under this section,
section 2258A or 2258C of this title, or section 404 of
the Missing Children's Assistance Act (42 U.S.C. 5773).
``(c) Ordinary Business Activities.--Subsection (a) shall not apply
to an act or omission relating to an ordinary business activity,
including general administration or operations, the use of motor
vehicles, or personnel management.
``(d) Minimizing Access.--The National Center for Missing and
Exploited Children shall--
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A; and
``(2) ensure that any such image is permanently destroyed
upon notification from a law enforcement agency.
``SEC. 2258E. DEFINITIONS.
``In sections 2258A through 2258D--
``(1) the terms `attorney for the government' and `State'
have the meanings given those terms in rule 1 of the Federal
Rules of Criminal Procedure;
``(2) the term `electronic communication service' has the
meaning given that term in section 2510;
``(3) the term `electronic mail address' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702);
``(4) the term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151
note);
``(5) the term `remote computing service' has the meaning
given that term in section 2711; and
``(6) the term `website' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol.''.
(b) Conforming Amendments.--
(1) Repeal of superceded provision.--Section 227 of the
Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
(2) Table of sections.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2258 the following:
``2258A. Reporting requirements of electronic communication service
providers and remote computing service
providers.
``2258B. Limited liability for electronic communication service
providers and remote computing service
providers.
``2258C. Use of images from the CyberTipline to combat child
pornography.
``2258D. Limited liability for the National Center for Missing and
Exploited Children.
``2258E. Definitions.''.
Passed the House of Representatives December 5, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Securing Adolescents From Exploitation-Online Act of 2007 or the SAFE Act of 2007 - Amends the federal criminal code to expand the reporting requirements of electronic communication and remote computing service providers with respect to violations of laws prohibiting sexual exploitation of children and child pornography.
Requires such service providers who obtain knowledge of violations of child exploitation and pornography laws to: (1) complete and maintain with current information a registration with the CyberTipline of the National Center for Missing and Exploited Children (NCMEC); and (2) provide information relating to the Internet identity of any individual who appears to have violated a child exploitation or pornography law, including the geographic location of such individual and images of any apparent child pornography.
Requires NCMEC to forward any report of suspected child pornography violations to law enforcement agencies designated by the Attorney General. Imposes civil penalties on service providers who fail to report suspected child exploitation or pornography. Prohibits law enforcement agencies that receive reports from service providers from disclosing information in such reports except for law enforcement and criminal defense purposes.
Requires service providers to preserve images of child pornography for evidentiary purposes.
Grants service providers and NCMEC limited immunity from civil and criminal liability for reporting information required by this Act, except in cases of intentional misconduct or malicious failure to act in accordance with law. Requires service providers and NCMEC to minimize employee access to pornographic images and to destroy such images upon notification from a law enforcement agency.
Authorizes NCMEC to provide images of child pornography reported to its CyberTipline to service providers to enable such providers to stop further transmission of pornographic images of children. | {"src": "billsum_train", "title": "To modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes."} | 3,739 | 382 | 0.539481 | 1.609744 | 0.815302 | 2.677632 | 10.980263 | 0.861842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Partners Neighborhood
Preservation Act of 2011''.
SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM.
(a) Congressional Findings.--The Congress finds that--
(1) teachers, law enforcement officers, fire fighters, and
rescue personnel help form the backbones of communities and are
integral components in the social capital of neighborhoods in
the United States; and
(2) providing a discounted purchase price on HUD-owned
properties for teachers, law enforcement officers, fire
fighters, and rescue personnel recognizes the intrinsic value
of the services provided by such employees to their communities
and to family life and encourages and rewards those who are
dedicated to providing public service in our most needy
communities.
(b) Discount and Downpayment Assistance for Teachers.--Section
204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) 50 percent discount for teachers and public safety
officers purchasing properties that are eligible assets.--
``(A) Discount.--A property that is an eligible
asset and is sold, during fiscal years 2012 through
2022, to a teacher or public safety officer for use in
accordance with subparagraph (B) shall be sold at a
price that is equal to 50 percent of the appraised
value of the eligible property (as determined in
accordance with paragraph (6)(B)). In the case of a
property eligible for both a discount under this
paragraph and a discount under paragraph (6), the
discount under paragraph (6) shall not apply.
``(B) Primary residence.--An eligible property sold
pursuant to a discount under this paragraph shall be
used, for not less than the 3-year period beginning
upon such sale, as the primary residence of a teacher
or public safety officer.
``(C) Sale methods.--The Secretary may sell an
eligible property pursuant to a discount under this
paragraph--
``(i) to a unit of general local government
or nonprofit organization (pursuant to
paragraph (4) or otherwise), for resale or
transfer to a teacher or public safety officer;
or
``(ii) directly to a purchaser who is a
teacher or public safety officer.
``(D) Resale.--In the case of any purchase by a
unit of general local government or nonprofit
organization of an eligible property sold at a
discounted price under this paragraph, the sale
agreement under paragraph (8) shall--
``(i) require the purchasing unit of
general local government or nonprofit
organization to provide the full benefit of the
discount to the teacher or public safety
officer obtaining the property; and
``(ii) in the case of a purchase involving
multiple eligible assets, any of which is such
an eligible property, designate the specific
eligible property or properties to be subject
to the requirements of subparagraph (B).
``(E) Mortgage downpayment assistance.--If a
teacher or public safety officer purchases an eligible
property pursuant to a discounted sale price under this
paragraph and finances such purchase through a mortgage
insured under this title, notwithstanding any provision
of section 203 the downpayment on such mortgage shall
be $100.
``(F) Prevention of undue profit.--The Secretary
shall issue regulations to prevent undue profit from
the resale of eligible properties in violation of the
requirement under subparagraph (B).
``(G) Definitions.--For the purposes of this
paragraph, the following definitions shall apply:
``(i) The terms `elementary school' and
`secondary school' have the meanings given such
terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801), except that, for purposes of this
paragraph, elementary education (as used in
such section) shall include pre-Kindergarten
education.
``(ii) The term `eligible property' means
an eligible asset described in paragraph (2)(A)
of this subsection.
``(iii) The term `public safety officer'
means an individual who is employed on a full-
time basis as a public safety officer, as such
term is defined in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
``(iv) The term `teacher' means an
individual who is employed on a full-time
basis, in an elementary or secondary school, as
a State-certified or State-licensed classroom
teacher or as an administrator.''.
(c) Conforming Amendments.--Section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)) is amended--
(1) in paragraph (4)(B)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(2) in paragraph (5)(B)(i), by striking ``paragraph (7)''
and inserting ``paragraph (8)''; and
(3) in paragraph (6)(A), by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
(d) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the amendments made by this section.
(e) Sense of Congress Regarding Inclusion of Other Federal
Properties in Community Partners Next Door Program.--It is the sense of
the Congress that the Secretary of Housing and Urban Development should
consult with the heads of other agencies of the Federal Government that
own or hold properties appropriate for use as housing to determine the
possibility and effectiveness of including such properties in the
program pursuant to section 204(h)(7) of the National Housing Act, and
other programs that make housing available for law enforcement
officers, teachers, or fire fighters.
SEC. 3. ELIGIBILITY OF COMMUNITY PARTNERS FOR PURCHASE OF HUD-ACQUIRED
PROPERTY.
Notwithstanding any other provision of law, a public safety officer
or teacher (as such terms are defined in section 204(h)(7)(G) of the
National Housing Act (as amended by section 2 of this Act)) shall be
eligible to purchase of any property owned or held by the Secretary of
Housing and Urban Development pursuant to foreclosure of any mortgage
insured by the Secretary or pursuant to assignment of the mortgage,
deed in lieu of foreclosure, conveyance of title, or any other
acquisition of the property or mortgage in connection with the payment
of insurance benefits by the Secretary.
SEC. 4. RELEASE OF SECOND MORTGAGE FOR LAID-OFF COMMUNITY PARTNERS
UNDER GOOD NEIGHBOR NEXT DOOR INITIATIVE.
The Secretary of Housing and Urban Development shall revise the
Good Neighbor Next Door Initiative of the Secretary to provide that the
subordinate mortgage on the property of a mortgagor who purchased a
property under such initiative shall be released in any case in which
the mortgagor loses his or her employment position as a law enforcement
officer, teacher, firefighter, or emergency medical technician as a
result of any reductions in force or other reason other than dismissal
for cause.
SEC. 5. PREFERENCE UNDER HUD REO PROGRAM FOR COMMUNITY PARTNERS.
The Secretary of Housing and Urban Development, in making any real
estate owned of the Department of Housing and Urban Development
available for purchase, shall provide a preference for purchase by
public safety officers and teachers (as such terms are defined in
section 204(h)(7)(G) of the National Housing Act (as amended by section
2 of this Act)). | Community Partners Neighborhood Preservation Act of 2011 - Amends the National Housing Act to provide: (1) a 50% discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residence during FY2012-FY2022, and (2) a $100 downpayment on any related insured mortgage.
Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual.
Expresses the sense of Congress that the Secretary of Housing and Urban Development (HUD) should consult with the heads of other federal agencies that own or hold properties appropriate for use as housing to determine the possibility and effectiveness of including such properties in programs that make housing available for law enforcement officers, teachers, or fire fighters.
Makes a public safety officer or teacher eligible to purchase any property owned or held by the Secretary pursuant to: (1) foreclosure of any HUD-insured mortgage; or (2) assignment of the mortgage, deed in lieu of foreclosure, conveyance of title, or any other acquisition of the property or mortgage in connection with the payment of insurance benefits by the Secretary.
Directs the Secretary to revise the Good Neighbor Next Door Initiative to provide that the subordinate mortgage on the property of a mortgagor who purchased it under the Initiative shall be released in any case in which the mortgagor loses his or her employment position as a law enforcement officer, teacher, firefighter, or emergency medical technician as a result of any reductions in force or other reason other than dismissal for cause.
Directs the Secretary of HUD, in making any real estate owned by HUD available for purchase, to provide a preference for purchase by public safety officers and teachers. | {"src": "billsum_train", "title": "To expand the Officer Next Door and Teacher Next Door initiatives of the Department of Housing and Urban Development to include fire fighters and rescue personnel, and for other purposes."} | 1,760 | 373 | 0.622332 | 2.135597 | 0.750907 | 5.990909 | 4.718182 | 0.954545 |
SECTION 1. EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating part F as part G;
(2) by redesignating sections 1601 through 1604 as sections
1701 through 1704, respectively; and
(3) by inserting after part E the following new part:
``PART F--EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM
``SEC. 1701. SHORT TITLE; FINDINGS; AND PURPOSES.
``(a) Short Title.--This part may be cited as the `Educational
Opportunity Demonstration Act'.
``(b) Findings.--The Congress finds that--
``(1) while low-income students have made significant gains
with respect to educational achievement and attainment,
considerable gaps still persist for these students in
comparison to those from more affluent socioeconomic
backgrounds;
``(2) our Nation has a compelling interest in assuring that
all children receive a high quality education;
``(3) new methods and experiments to revitalize educational
achievement and opportunities of low-income individuals must be
a part of any comprehensive solution to the problems in our
Nation's educational system;
``(4) preliminary research shows that same gender classes
and schools may produce promising academic and behavioral
improvements in both sexes for low-income, educationally
disadvantaged students;
``(5) extensive data on same gender classes and schools are
needed to determine whether same gender classes and schools are
closely tailored to achieving the compelling government
interest in assuring that all children are educated to the best
of their ability;
``(6) in recent years efforts to experiment with same
gender classes and schools have been inhibited by lawsuits and
threats of lawsuits by private groups as well as governmental
entities; and
``(7) there is a compelling government interest in granting
the Secretary authority to insulate a limited number of local
educational agencies and schools which are experimenting with
same gender classes for a limited period of time from certain
law suits under title IX of the Education Amendments of 1972,
section 204 of the Education Amendments of 1974, section 1979
of the Revised Statutes (42 U.S.C. 1983), or any other law
prohibiting discrimination on the basis of sex, in order to
collect data on the effectiveness of such classes in educating
children from low-income, educationally disadvantaged
backgrounds.
``(c) Purposes.--It is the purpose of this part--
``(1) to give the Secretary discretion to allow
experimentation with same gender classes for low-income,
educationally disadvantaged students;
``(2) to determine whether same gender classes make a
difference in the educational achievement and opportunities of
low-income, educationally disadvantaged individuals; and
``(3) to involve parents in the educational options and
choices of their children.
``SEC. 1702. DEFINITIONS.
``As used in this part--
``(1) the term `educational opportunity school' means a
public elementary, middle, or secondary school established by a
local educational agency receiving a waiver under this part, or
a consortium of such schools, that--
``(A) establishes a plan for voluntary, same gender
classes at one or more than one school in the
community;
``(B) provides same gender classes for both boys
and girls, as well as a coeducational option for any
parent that chooses that option;
``(C) gives parents the option of choosing to send
their child to a same gender class or to a
coeducational class;
``(D) admits students on the basis of a lottery, if
more students apply for admission to the same gender
classes than can be accommodated;
``(E) has a program in which a member of the
community is asked to volunteer such member's time in
classes of children of the same gender as the member;
and
``(F) operates in pursuit of improving achievement
among all children based on a specific set of
educational objectives determined by the local
educational agency applying for a waiver under this
part, in conjunction with the educational opportunity
advisory board established under section 1703(b) and
agreed to by the Secretary; and
``(2) the term `educational opportunity advisory board'
means an advisory board established in accordance with section
1703(b).
``SEC. 1703. WAIVER AUTHORITY.
``(a) Authority.--
``(1) In general.--The Secretary shall waive any statutory
or regulatory requirement of title IX of the Education
Amendments of 1972, section 204 of the Education Amendments of
1974, section 1979 of the Revised Statutes (42 U.S.C. 1983),
and any other law prohibiting discrimination on the basis of
sex, for each local educational agency (but not more than 10)
that has an application approved under section 1704 and
otherwise meets the requirements of this part, and for any
educational opportunity school established by such agency, but
only to the extent the Secretary determines necessary to ensure
the development and operation of same gender classes in
accordance with this part.
``(2) Duration.--The Secretary shall issue a waiver under
subsection (a) for a period not to exceed 5 years.
``(b) Educational Opportunity Advisory Board.--Each local
educational agency receiving a waiver under this part shall establish
an educational opportunity advisory board. Such advisory board shall be
composed of school administrators, parents, teachers, local government
officials and volunteers involved with an educational opportunity
school. Such advisory board shall assist the local educational agency
in developing the application under section 1704 and serve as an
advisory board in the functioning of the educational opportunity
school.
``SEC. 1704. APPLICATIONS.
``(a) Applications Required.--Each local educational agency
desiring a waiver under this part shall submit, within 180 days of the
date of enactment of the Educational Opportunity Demonstration Act, an
application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may reasonably
require.
``(b) Scope of Application.--Each application described in
subsection (a) may request a waiver for a single educational
opportunity school or for a consortium of such schools.
``(c) Application Contents.--Each application described in
subsection (a) shall include--
``(1) a description of the educational program to be
implemented by the proposed educational opportunity school,
including--
``(A) the grade levels or ages of children to be
served; and
``(B) the curriculum and instructional practices to
be used;
``(2) a description of the objectives of the local
educational agency and a description of how such agency intends
to monitor and study the progress of children participating in
the educational opportunity school;
``(3) a description of how the local educational agency
intends to include in the educational opportunity school
administrators, teaching personnel, and role models from the
private sector;
``(4) a description of how school administrators, parents,
teachers, local government, and volunteers will be involved in
the design and implementation of the educational opportunity
school;
``(5) a justification for the waiver or inapplicability of
any Federal statutory or regulatory requirements that the local
educational agency believes are necessary for the successful
operation of the educational opportunity school and a
description of any State or local statutory or regulatory
requirements, that will be waived for, or will not apply to,
the educational opportunity school, if necessary;
``(6) a description of how students in attendance at the
educational opportunity school, or in the community, will be--
``(A) informed about such school; and
``(B) informed about the fact that admission to
same gender classes is completely voluntary;
``(7) an assurance that the local educational agency will
annually provide the Secretary such information as the
Secretary may require to determine if the educational
opportunity school is making satisfactory progress toward
achieving the objectives described in paragraph (2);
``(8) an assurance that the local educational agency will
cooperate with the Secretary in evaluating the waivers issued
under this part;
``(9) assurances that resources shall be used equally for
same gender classes for boys and for girls;
``(10) assurances that the activities assisted under this
part will not have an adverse affect, on either sex, that is
caused by--
``(A) the distribution of teachers between same
gender classes for boys and for girls;
``(B) the quality of facilities for boys and for
girls;
``(C) the nature of the curriculum for boys and for
girls;
``(D) program activities for boys and for girls;
and
``(E) instruction for boys and for girls;
``(11) an assurance that the local educational agency will
comply with the research and evaluation protocols developed by
the Secretary under section 1706(a); and
``(12) such other information and assurances as the
Secretary may require.
``SEC. 1705. SELECTION OF GRANTEES.
``The Secretary shall issue waivers under this part on the basis of
the quality of the applications submitted under section 1704, taking
into consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the organizational structure and management of the
school;
``(3) the quality of the plan for assessing the progress
made by children in same gender classes over the period of the
waiver;
``(4) the extent of community support for the application;
``(5) the likelihood that the educational opportunity
school will meet the objectives of such school and improve
educational results for students; and
``(6) the assurances submitted pursuant to section
1704(c)(10).
``SEC. 1706. STUDY AND REPORT.
``(a) Study.--The Secretary shall conduct a study of the waivers
issued under this part, including establishing appropriate research and
evaluation protocols, to compare the educational and behavioral
achievement of those students choosing same gender classes established
under this part and those students choosing the coeducational option.
``(b) Report.--The Secretary shall submit, within 1 year after the
date of enactment of the Educational Opportunity Demonstration Act, a
report to the appropriate committees of the Congress regarding the
findings of the study conducted under subsection (a).
``SEC. 1707. CONSTRUCTION.
``Nothing in this part shall be construed to affect the
availability under title IX of the Education Amendments of 1972 of
remedies to overcome the effects of past discrimination on the basis of
sex.''.
(b) Conforming Amendments.--
(1) Committee of practitioners.--Section 1111(c)(5) of such
Act (20 U.S.C. 6311(c)(5)) is amended by striking ``section
1603(b)'' and inserting ``section 1703(b)''.
(2) State assistance for school support and improvement.--
Section 1117(a)(2) of such Act (20 U.S.C. 6318(a)(2)) is
amended by striking ``section 1603(c)'' and inserting ``section
1703(c)''.
(3) State applications.--Section 1304(c)(2) of such Act (20
U.S.C. 6394(c)(2)) is amended by striking ``part F'' and
inserting ``part G''.
(4) Use of funds.--Section 1415(a)(2)(C) of such Act (20
U.S.C. 6435(a)(2)(C)) is amended by striking ``part F'' and
inserting ``part G''.
(5) State data.--The matter preceding subparagraph (A) of
section 14204(a)(2) of such Act (20 U.S.C. 8824(a)(2)) is
amended by striking ``section 1603'' and inserting ``section
1703''. | Educational Opportunity Demonstration Act - Amends the Elementary and Secondary Education Act of 1965 to establish an educational opportunity demonstration program to provide waivers for the establishment of educational opportunity schools, in order to: (1) allow experimentation with same gender classes for low-income, educationally disadvantaged students; (2) determine whether such classes make a difference in the educational achievement and opportunities of such individuals; and (3) involve parents in the educational options and choices of their children.
Directs the Secretary to waive for up to five years (but only to the extent the Secretary determines necessary to ensure the development and operation of same gender classes) any statutory or regulatory requirement of title IX of the Education Amendments of 1972, specified provisions of the Education Amendments of 1974 and of the Revised Statutes, and any other law prohibiting discrimination on the basis of sex, for up to ten local educational agencies that have applications approved and for any educational opportunity school established by such an agency.
Requires each local educational agency receiving such a waiver to establish an educational opportunity advisory board.
Sets forth requirements for applications and selection of waiver grantees.
Directs the Secretary to study and report to the appropriate congressional committees on such waivers, comparing the educational and behavioral achievement of those students choosing same gender classes and those students choosing the coeducational option at such schools.
Provides that nothing in this Act shall be construed to affect the availability, under title IX of the Education Amendments of 1972, of remedies to overcome the effects of past discrimination on the basis of sex. | {"src": "billsum_train", "title": "Educational Opportunity Demonstration Act"} | 2,640 | 336 | 0.595902 | 1.762536 | 0.755945 | 4.771812 | 8.194631 | 0.946309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Student Borrowers Act of
2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect student borrowers by
requiring institutions of higher education to assume some of the risk
of default for student loans under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.).
SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR
DEFAULTED LOANS.
Section 454 of the Higher Education Act of 1965 (20 U.S.C. 1087d)
is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) provide that the institution accepts the
institutional risk-sharing requirements under subsection (d),
if applicable.''; and
(2) by adding at the end the following:
``(d) Institutional Risk-Sharing for Student Loan Defaults.--
``(1) In general.--Subject to paragraph (3), each
institution of higher education participating in the direct
student loan program under this part for a fiscal year that has
a rate of participation in such program for all students
enrolled at that institution for such fiscal year that is 25
percent or higher shall remit, at such times as the Secretary
may specify, a risk-sharing payment based on a percentage of
the volume of student loans under this part that are in
default, as determined under paragraph (2).
``(2) Determination of risk-sharing payments.--Subject to
paragraph (3), with respect to each fiscal year, an institution
of higher education described in paragraph (1) that has a
cohort default rate (as defined in section 435(m))--
``(A) that is 30 percent or higher for the most
recent fiscal year for which data are available, shall
pay to the Secretary for the fiscal year an amount that
is equal to 20 percent of the total amount (including
interest and collection fees) of loans made under this
part to students who are in default for such most
recent fiscal year for which data are available;
``(B) that is lower than 30 percent but not lower
than 25 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 15
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available;
``(C) that is lower than 25 percent but not lower
than 20 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 10
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available; and
``(D) that is lower than 20 percent but not lower
than 15 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 5
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available.
``(3) Waiver and reduced risk-sharing payments.--
``(A) Waiver.--The Secretary shall waive the risk-
sharing payments described in paragraph (1) for an
institution described in paragraph (2)(D) that meets
the requirements of subparagraph (D).
``(B) Reduced risk-sharing payments.--If an
institution has in place a student loan management plan
described in subparagraph (D) that is approved by the
Secretary, the Secretary shall reduce the total annual
amount of risk-sharing payments as follows:
``(i) With respect to an institution with a
cohort default rate described in paragraph
(2)(A), the risk-sharing payment shall be in an
amount that is equal to 15 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(ii) With respect to an institution with
a cohort default rate described in paragraph
(2)(B), the risk-sharing payment shall be in an
amount that is equal to 10 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(iii) With respect to an institution with
a cohort default rate described in paragraph
(2)(C), the risk-sharing payment shall be in an
amount that is equal to 5 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(C) Continuation of waiver or reduced payments.--
An institution that receives a waiver under
subparagraph (A) or a reduced risk-sharing payment
under subparagraph (B) may receive a waiver or reduced
payment for a subsequent fiscal year only if the
Secretary determines that the institution is making
satisfactory progress in carrying out the student loan
management plan described in subparagraph (D),
including evidence of the effectiveness of the
individualized financial aid counseling for students.
``(D) Student loan management plan.--An institution
that seeks a waiver or reduction of its risk-sharing
payment, shall develop and carry out a student loan
management plan that shall include an analysis of the
risk factors correlated with higher student loan
defaults that are present at the institution and
actions that the institution will take to address such
factors. Such plan shall include individualized
financial aid counseling for students and strategies to
minimize student loan default and delinquency.
``(E) Waiver or reduction for certain
institutions.--In addition to the other risk-sharing
payment waivers and reductions described in this
paragraph, the Secretary may waive or reduce risk-
sharing payments if--
``(i) an institution is eligible under--
``(I) part A or part B of title
III; or
``(II) title V; and
``(ii) the Secretary determines that--
``(I) the institution is making
satisfactory progress in carrying out
the institution's student loan
management plan described under
subparagraph (D); and
``(II) granting a waiver or
reduction of risk-sharing payments
would be in the best interest of
students at the institution.
``(4) Prohibition.--An institution of higher education
shall not deny admission or financial aid to a student based on
a perception that such student may be at risk for defaulting on
a loan made under this part.
``(5) Fund for the deposit of risk-sharing payments.--
``(A) In general.--There is established in the
Treasury of the United States a separate account for
the deposit of risk-sharing payments collected under
this subsection. The Secretary shall deposit any
payments collected pursuant to this subsection into
such fund.
``(B) Use of funds.--Of the amounts in the fund
described in subparagraph (A), for each fiscal year--
``(i) not more than 50 percent of such
amounts shall be made available to the
Secretary to enter into contracts or
cooperative agreements for delinquency and
default prevention or rehabilitation under
section 456(c); and
``(ii) the Secretary shall reserve the
remainder of such amounts for a Federal Pell
Grant fund that shall be used to offset any
future shortfalls in funding under the Federal
Pell Grant program.
``(6) Applicability.--The Secretary shall carry out this
subsection beginning with the cohort default rate for the 2014
cohort. The 2014 cohort shall include current and former
students who enter repayment in fiscal year 2014.
``(7) Report to congress.--The Secretary shall report on an
annual basis to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives the following
information:
``(A) A list of institutions that have been subject
to risk-sharing payments in the previous year.
``(B) The required risk-sharing payment from such
institutions.
``(C) The amount of risk-sharing payments collected
from such institutions.
``(D) A list of the institutions that have received
waivers from the risk-sharing payment and the reason
for such waiver.
``(E) A list of the institutions that have received
reductions in the required risk-sharing payment.
``(F) The use of funds deposited from risk-sharing
payments, including a list of any contracts or
cooperative agreements for delinquency and default
prevention or rehabilitation and the amount reserved
for the Federal Pell Grant program.''.
SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS.
Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f)
is amended by adding at the end the following:
``(c) Contracts and Cooperative Agreements for Delinquency and
Default Prevention and for Default Rehabilitation.--The Secretary may
enter into contracts or cooperative agreements for--
``(1) statewide or institutionally based programs for the
prevention of Federal student loan delinquency and default at
institutions of higher education that--
``(A) have a high cohort default rate as defined
under section 435(m); or
``(B) serve large numbers or percentages of student
loan borrowers who have a risk factor associated with
higher default rates on Federal student loans under
this title, such as coming from a low-income family,
being a first generation postsecondary education
student, not having a secondary school diploma, or
having previously defaulted on, and rehabilitated, a
loan made under this title; and
``(2) increasing the number of borrowers who successfully
rehabilitate defaulted loans.''.
SEC. 5. FINANCIAL RESPONSIBILITY.
Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C.
1099c(c)(1)) is amended by striking subparagraph (C) and inserting the
following:
``(C) to meet all of its financial obligations,
including institutional risk-sharing payments, refunds
of institutional charges, and repayments to the
Secretary for liabilities and debts incurred in
programs administered by the Secretary.''. | Protect Student Borrowers Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. For any fiscal year in which at least 25% of the IHE's student body is participating in the Direct Loan program, the IHE must remit a risk-sharing payment (a percentage of the total amount of its defaulted Direct Loans) that declines as the cohort default rate declines. If an IHE develops and implements an approved student loan management plan that includes individualized financial aid counseling for students and strategies to minimize student loan default and delinquency, the Department of Education (ED) must modify the risk-sharing requirements. ED may waive or reduce an IHE's risk-sharing payments in certain other instances. An IHE may not deny admission or financial aid based on a perception that a student may be at risk for defaulting on a Direct Loan. ED may enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans. Risk-sharing payments are to be deposited in a separate account in the Treasury and used as follows: (1) up to 50% for ED to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder to offset any future shortfalls in funding under the Federal Pell Grant program. An IHE's ability to meet its obligation to make risk-sharing payments shall be part of the determination of its eligibility to participate in title IV programs. | {"src": "billsum_train", "title": "Protect Student Borrowers Act of 2015"} | 2,308 | 420 | 0.599593 | 1.871185 | 0.799744 | 3.164384 | 6.071233 | 0.879452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Windstorm Impact Reduction
Act Reauthorization of 2014''.
SEC. 2. DEFINITIONS.
(a) Director.--Section 203(1) of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15702(1)) is amended by striking
``Director of the Office of Science and Technology Policy'' and
inserting ``Director of the National Institute of Standards and
Technology''.
(b) Lifelines.--Section 203 of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15702) is further amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Lifelines.--The term `lifelines' means public works
and utilities, including transportation facilities and
infrastructure, oil and gas pipelines, electrical power and
communication facilities and infrastructure, and water supply
and sewage treatment facilities.''.
SEC. 3. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.
Section 204 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15703) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Establishment.--There is established the National Windstorm
Impact Reduction Program, the purpose of which is to achieve major
measurable reductions in the losses of life and property from
windstorms through a coordinated Federal effort, in cooperation with
other levels of government, academia, and the private sector, aimed at
improving the understanding of windstorms and their impacts and
developing and encouraging the implementation of cost-effective
mitigation measures to reduce those impacts.
``(b) Responsibilities of Program Agencies.--
``(1) Lead agency.--The National Institute of Standards and
Technology shall have the primary responsibility for planning
and coordinating the Program. In carrying out this paragraph,
the Director shall--
``(A) ensure that the Program includes the
necessary components to promote the implementation of
windstorm risk reduction measures by Federal, State,
and local governments, national standards and model
building code organizations, architects and engineers,
and others with a role in planning and constructing
buildings and lifelines;
``(B) support the development of performance-based
engineering tools, and work with appropriate groups to
promote the commercial application of such tools,
including through wind-related model building codes,
voluntary standards, and construction best practices;
``(C) request the assistance of Federal agencies
other than the Program agencies, as necessary to assist
in carrying out this Act;
``(D) coordinate all Federal post-windstorm
investigations; and
``(E) when warranted by research or investigative
findings, issue recommendations to assist in informing
the development of model codes, and provide information
to Congress on the use of such recommendations.
``(2) National institute of standards and technology.--In
addition to the lead agency responsibilities described under
paragraph (1), the National Institute of Standards and
Technology shall be responsible for carrying out research and
development to improve model building codes, voluntary
standards, and best practices for the design, construction, and
retrofit of buildings, structures, and lifelines.
``(3) National science foundation.--The National Science
Foundation shall support research in--
``(A) engineering and the atmospheric sciences to
improve the understanding of the behavior of windstorms
and their impact on buildings, structures, and
lifelines; and
``(B) economic and social factors influencing
windstorm risk reduction measures.
``(4) National oceanic and atmospheric administration.--The
National Oceanic and Atmospheric Administration shall support
atmospheric sciences research to improve the understanding of
the behavior of windstorms and their impact on buildings,
structures, and lifelines.
``(5) Federal emergency management agency.--The Federal
Emergency Management Agency shall--
``(A) support--
``(i) the development of risk assessment
tools and effective mitigation techniques;
``(ii) windstorm-related data collection
and analysis;
``(iii) public outreach and information
dissemination; and
``(iv) promotion of the adoption of
windstorm preparedness and mitigation measures,
including for households, businesses, and
communities, consistent with the Agency's all-
hazards approach; and
``(B) work closely with national standards and
model building code organizations, in conjunction with
the National Institute of Standards and Technology, to
promote the implementation of research results and
promote better building practices within the building
design and construction industry, including architects,
engineers, contractors, builders, and inspectors.'';
(2) by redesignating subsection (d) as subsection (c), and
by striking subsections (e) and (f); and
(3) by inserting after subsection (c), as so redesignated,
the following new subsections:
``(d) Budget Activities.--The Director of the National Institute of
Standards and Technology, the Director of the National Science
Foundation, the Director of the National Oceanic and Atmospheric
Administration, and the Director of the Federal Emergency Management
Agency shall each include in their agency's annual budget request to
Congress a description of their agency's projected activities under the
Program for the fiscal year covered by the budget request, along with
an assessment of what they plan to spend on those activities for that
fiscal year.
``(e) Interagency Coordinating Committee on Windstorm Impact
Reduction.--
``(1) Establishment.--There is established an Interagency
Coordinating Committee on Windstorm Impact Reduction, chaired
by the Director.
``(2) Membership.--In addition to the chair, the Committee
shall be composed of--
``(A) the heads of--
``(i) the Federal Emergency Management
Agency;
``(ii) the National Oceanic and Atmospheric
Administration;
``(iii) the National Science Foundation;
``(iv) the Office of Science and Technology
Policy; and
``(v) the Office of Management and Budget;
and
``(B) the head of any other Federal agency the
chair considers appropriate.
``(3) Meetings.--The Committee shall meet not less than 2
times a year at the call of the Director of the National
Institute of Standards and Technology.
``(4) General purpose and duties.--The Committee shall
oversee the planning and coordination of the Program.
``(5) Strategic plan.--The Committee shall develop and
submit to Congress, not later than one year after the date of
enactment of the National Windstorm Impact Reduction Act
Reauthorization of 2014, a Strategic Plan for the Program that
includes--
``(A) prioritized goals for the Program that will
mitigate against the loss of life and property from
future windstorms;
``(B) short-term, mid-term, and long-term research
objectives to achieve those goals;
``(C) a description of the role of each Program
agency in achieving the prioritized goals;
``(D) the methods by which progress towards the
goals will be assessed; and
``(E) an explanation of how the Program will foster
the transfer of research results into outcomes, such as
improved model building codes.
``(6) Progress report.--Not later than 18 months after the
date of enactment of the National Windstorm Impact Reduction
Act Reauthorization of 2014, the Committee shall submit to the
Congress a report on the progress of the Program that
includes--
``(A) a description of the activities funded under
the Program, a description of how these activities
align with the prioritized goals and research
objectives established in the Strategic Plan, and the
budgets, per agency, for these activities;
``(B) the outcomes achieved by the Program for each
of the goals identified in the Strategic Plan;
``(C) a description of any recommendations made to
change existing building codes that were the result of
Program activities; and
``(D) a description of the extent to which the
Program has incorporated recommendations from the
Advisory Committee on Windstorm Impact Reduction.
``(7) Coordinated budget.--The Committee shall develop a
coordinated budget for the Program, which shall be submitted to
the Congress at the time of the President's budget submission
for each fiscal year.''.
SEC. 4. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
Section 205 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15704) is amended to read as follows:
``SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
``(a) In General.--The Director of the National Institute of
Standards and Technology shall establish an Advisory Committee on
Windstorm Impact Reduction, which shall be composed of at least 7
members, none of whom may be employees of the Federal Government,
including representatives of research and academic institutions,
industry standards development organizations, emergency management
agencies, State and local government, and business communities who are
qualified to provide advice on windstorm impact reduction and represent
all related scientific, architectural, and engineering disciplines. The
recommendations of the Advisory Committee shall be considered by
Federal agencies in implementing the Program.
``(b) Assessments.--The Advisory Committee on Windstorm Impact
Reduction shall offer assessments on--
``(1) trends and developments in the natural, engineering,
and social sciences and practices of windstorm impact
mitigation;
``(2) the priorities of the Program's Strategic Plan;
``(3) the coordination of the Program; and
``(4) any revisions to the Program which may be necessary.
``(c) Compensation.--The members of the Advisory Committee
established under this section shall serve without compensation.
``(d) Reports.--At least every 2 years, the Advisory Committee
shall report to the Director on the assessments carried out under
subsection (b) and its recommendations for ways to improve the Program.
``(e) Charter.--Notwithstanding section 14(b)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall
not be required to file a charter subsequent to its initial charter,
filed under section 9(c) of such Act, before the termination date
specified in subsection (f) of this section.
``(f) Termination.--The Advisory Committee shall terminate on
September 30, 2016.
``(g) Conflict of Interest.--An Advisory Committee member shall
recuse himself from any Advisory Committee activity in which he has an
actual pecuniary interest.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 207 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15706) is amended to read as follows:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``(a) Federal Emergency Management Agency.--There are authorized to
be appropriated to the Federal Emergency Management Agency for carrying
out this title--
``(1) $5,332,000 for fiscal year 2014; and
``(2) $5,332,000 for fiscal year 2015.
``(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
title--
``(1) $9,682,000 for fiscal year 2014; and
``(2) $9,682,000 for fiscal year 2015.
``(c) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for carrying out this title--
``(1) $4,120,000 for fiscal year 2014; and
``(2) $4,120,000 for fiscal year 2015.
``(d) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration for carrying out this title--
``(1) $2,266,000 for fiscal year 2014; and
``(2) $2,266,000 for fiscal year 2015.''.
Passed the House of Representatives July 14, 2014.
Attest:
KAREN L. HAAS,
Clerk. | National Windstorm Impact Reduction Act Reauthorization of 2014 - (Sec. 2) Amends the National Windstorm Impact Reduction Act of 2004 to revise provisions governing the National Windstorm Impact Reduction Program. Defines the "Director" of the Program to mean the Director of the National Institute of Standards and Technology (NIST) (currently, the Director of the Office of Science and Technology Policy). (Sec. 3) Designates NIST as the entity with primary responsibility for Program planning and coordination and expands the responsibilities of the other Program agencies, which include the National Science Foundation (NSF), the Federal Emergency Management Agency (FEMA), and the National Oceanic and Atmospheric Administration (NOAA). Requires NIST to: (1) ensure that the Program includes the necessary components to promote implementation of windstorm risk reduction measures, (2) support the development of performance-based engineering tools, (3) request the assistance of federal agencies other than the Program agencies as necessary, (4) coordinate all federal post-windstorm investigations, and (5) issue recommendations to assist in informing the development of model codes. Requires NSF to support research in economic and social factors influencing windstorm risk reduction measures. Requires FEMA to: (1) promote the adoption of windstorm preparedness and mitigation measures, including for households, businesses, and communities; and (2) work closely with national standards and model building code organizations to promote the implementation of research results and promote better building practices within the building design and construction industry. Requires the Directors of the Program agencies to each include in their agency's annual budget request a description of their agency's projected activities under the Program and an assessment of what they plan to spend on those activities. Replaces provisions establishing an Interagency Working Group with provisions establishing the Interagency Coordinating Committee on Windstorm Impact Reduction, which shall be composed of the heads of the Program agencies and the Office of Management and Budget (OMB). Directs the Committee to oversee Program planning and coordination and to develop and submit to Congress a strategic plan, progress report, and coordinated budget for the Program. (Sec. 4) Revises provisions providing for the establishment of an Advisory Committee on Windstorm Impact Reduction (currently, the National Advisory Committee on Windstorm Impact Reduction), which shall: (1) be composed of at least seven non-federal members, (2) provide recommendations to be considered by federal agencies in implementing the Program, and (3) offer assessments of the priorities of the Program's strategic plan, coordination of the Program, and Program revisions. Terminates the Committee on September 30, 2016. Authorizes appropriations to the Program agencies for FY2014-FY2015 for carrying out the Program. | {"src": "billsum_train", "title": "National Windstorm Impact Reduction Act Reauthorization of 2014"} | 2,665 | 589 | 0.640952 | 2.247998 | 0.71339 | 3.762548 | 4.783784 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fraud Reduction and Data Analytics
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code; and
(2) the term ``improper payment'' has the meaning given the
term in section 2(g) of the Improper Payments Information Act
of 2002 (31 U.S.C. 3321 note).
SEC. 3. ESTABLISHMENT OF FINANCIAL AND ADMINISTRATIVE CONTROLS RELATING
TO FRAUD AND IMPROPER PAYMENTS.
(a) Guidelines.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget, in consultation with the Comptroller General of the
United States, shall establish guidelines for agencies to
establish financial and administrative controls to identify and
assess fraud risks and design and implement control activities
in order to prevent, detect, and respond to fraud, including
improper payments.
(2) Contents.--The guidelines described in paragraph (1)
shall incorporate the leading practices identified in the
report published by the Government Accountability Office on
July 28, 2015, entitled ``Framework for Managing Fraud Risks in
Federal Programs''.
(3) Modification.--The Director of the Office of Management
and Budget, in consultation with the Comptroller General of the
United States, may periodically modify the guidelines described
in paragraph (1) as the Director and Comptroller General may
determine necessary.
(b) Requirements for Controls.--The financial and administrative
controls required to be established by agencies under subsection (a)
shall include--
(1) conducting an evaluation of fraud risks and using a
risk-based approach to design and implement financial and
administrative control activities to mitigate identified fraud
risks;
(2) collecting and analyzing data from reporting mechanisms
on detected fraud to monitor fraud trends and using that data
and information to continuously improve fraud prevention
controls; and
(3) using the results of monitoring, evaluation, audits,
and investigations to improve fraud prevention, detection, and
response.
(c) Reports.--
(1) In general.--Except as provided in paragraph (2), for
each of the first 3 fiscal years beginning after the date of
enactment of this Act, each agency shall submit to Congress, as
part of the annual financial report of the agency, a report on
the progress of the agency in--
(A) implementing--
(i) the financial and administrative
controls required to be established under
subsection (a);
(ii) the fraud risk principle in the
Standards for Internal Control in the Federal
Government; and
(iii) Office of Management and Budget
Circular A-123 with respect to the leading
practices for managing fraud risk;
(B) identifying risks and vulnerabilities to fraud,
including with respect to payroll, beneficiary
payments, grants, large contracts, and purchase and
travel cards; and
(C) establishing strategies, procedures, and other
steps to curb fraud.
(2) First report.--If the date of enactment of this Act is
less than 180 days before the date on which an agency is
required to submit the annual financial report of the agency,
the agency may submit the report required under paragraph (1)
as part of the following annual financial report of the agency.
SEC. 4. WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Office of Management and Budget shall
establish a working group to improve--
(1) the sharing of financial and administrative controls
established under section 3(a) and other best practices and
techniques for detecting, preventing, and responding to fraud,
including improper payments; and
(2) the sharing and development of data analytics
techniques.
(b) Composition.--The working group established under subsection
(a) shall be composed of--
(1) the Controller of the Office of Management and Budget,
who shall serve as Chairperson;
(2) the Chief Financial Officer of each agency; and
(3) any other party determined to be appropriate by the
Director of the Office of Management and Budget, which may
include the Chief Information Officer, the Chief Procurement
Officer, or the Chief Operating Officer of each agency.
(c) Consultation.--The working group established under subsection
(a) shall consult with Offices of Inspectors General and Federal and
non-Federal experts on fraud risk assessments, financial controls, and
other relevant matters.
(d) Meetings.--The working group established under subsection (a)
shall hold not fewer than 4 meetings per year.
(e) Plan.--Not later than 270 days after the date of enactment of
this Act, the working group established under subsection (a) shall
submit to Congress a plan for the establishment and use of a Federal
interagency library of data analytics and data sets, which can
incorporate or improve upon existing Federal resources and capacities,
for use by agencies and Offices of Inspectors General to facilitate the
detection, prevention, and recovery of fraud, including improper
payments. | . Fraud Reduction and Data Analytics Act of 2015 (Sec. 3) This bill requires the Office of Management and Budget (OMB) to establish guidelines for federal agencies to establish financial and administrative controls to identify and assess fraud risks and design and implement control activities in order to prevent, detect, and respond to fraud, including improper payments. The guidelines shall incorporate the leading practices identified in the report published by the Government Accountability Office on July 28, 2015, entitled "Framework for Managing Fraud Risks in Federal Programs." The financial and administrative controls shall include: conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks; collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls; and using the results of monitoring, evaluation, audits, and investigations to improve fraud prevention, detection, and response. Each agency shall submit as part of its annual financial report a report on its progress in: implementing such financial and administrative controls, the fraud risk principle in the Standards for Internal Control in the Federal Government, and OMB Circular A-123 leading practices for managing fraud risk; identifying risks and vulnerabilities to fraud; and establishing steps to curb fraud. (Sec. 4) The OMB must establish a working group to: (1) improve the sharing of financial and administrative controls and other best practices and techniques for detecting, preventing, and responding to fraud and the sharing and development of data analytics techniques; and (2) submit a plan for a federal interagency library of data analytics and data sets for use by agencies and Offices of Inspectors General to facilitate the detection, prevention, and recovery of fraud. | {"src": "billsum_train", "title": "Fraud Reduction and Data Analytics Act of 2015"} | 1,104 | 379 | 0.73332 | 2.273934 | 0.912724 | 6.057143 | 3.002857 | 0.925714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Farmington River and Salmon
Brook Wild and Scenic River Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Lower Farmington River and Salmon Brook Wild and
Scenic River Study Act of 2005 (Public Law 109-370) authorized
the study of the Farmington River downstream from the segment
designated as a recreational river by section 3(a)(156) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) to its
confluence with the Connecticut River, and the segment of the
Salmon Brook including its main stem and east and west branches
for potential inclusion in the National Wild and Scenic Rivers
System;
(2) the studied segments of the Lower Farmington River and
Salmon Brook support natural, cultural, and recreational
resources of exceptional significance to the citizens of
Connecticut and the Nation;
(3) concurrently with the preparation of the study, the
Lower Farmington River and Salmon Brook Wild and Scenic Study
Committee prepared the Lower Farmington River and Salmon Brook
Management Plan, June 2011, that establishes objectives,
standards, and action programs that will ensure the long-term
protection of the outstanding values of the river segments
without Federal management of affected lands not owned by the
United States;
(4) the Lower Farmington River and Salmon Brook Wild and
Scenic Study Committee has voted in favor of Wild and Scenic
River designation for the river segments, and has included this
recommendation as an integral part of the management plan;
(5) there is strong local support for the protection of the
Lower Farmington River and Salmon Brook, including votes of
support for Wild and Scenic designation from the governing
bodies of all ten communities abutting the study area;
(6) the State of Connecticut General Assembly has endorsed
the designation of the Lower Farmington River and Salmon Brook
as components of the National Wild and Scenic Rivers System
(Public Act 08-37); and
(7) the Rainbow Dam and Reservoir are located entirely
outside of the river segments designated by the amendment made
in section 3, and, based on the findings of the study of the
Lower Farmington River pursuant to Public Law 109-370, this
hydroelectric project (including all aspects of its facilities,
operations and transmission lines) is compatible with such
designation.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``(213) Lower farmington river and salmon brook,
connecticut.--Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be
administered by the Secretary of the Interior as follows:
``(A) The approximately 27.2-mile segment of the
Farmington River beginning 0.2 miles below the tailrace
of the Lower Collinsville Dam and extending to the site
of the Spoonville Dam in Bloomfield and East Granby as
a recreational river.
``(B) The approximately 8.1-mile segment of the
Farmington River extending from 0.5 miles below the
Rainbow Dam to the confluence with the Connecticut
River in Windsor as a recreational river.
``(C) The approximately 2.4-mile segment of the
main stem of Salmon Brook extending from the confluence
of the East and West Branches to the confluence with
the Farmington River as a recreational river.
``(D) The approximately 12.6-mile segment of the
West Branch of Salmon Brook extending from its
headwaters in Hartland, Connecticut, to its confluence
with the East Branch of Salmon Brook as a recreational
river.
``(E) The approximately 11.4-mile segment of the
East Branch of Salmon Brook extending from the
Massachusetts-Connecticut State line to the confluence
with the West Branch of Salmon Brook as a recreational
river.''.
SEC. 4. MANAGEMENT.
(a) In General.--The Lower Farmington River and Salmon Brook Wild
and Scenic Committee, in coordination with the Secretary, shall lead
and coordinate implementation of the management plan for the river
segments designated by the amendment made in section 3 in accordance
with such amendments to the management plan as the Secretary determines
are consistent with this Act. The management plan shall be deemed to
satisfy the requirements for a comprehensive management plan pursuant
to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(b) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segments
designated by the amendment made in section 3 of this Act, the
Secretary is authorized to enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic
Rivers Act with--
(A) the State of Connecticut;
(B) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency.--All cooperative agreements provided for
under this Act shall be consistent with the management plan and
may include provisions for financial or other assistance from
the United States.
(c) Land Management.--
(1) Zoning ordinances.--For the purposes of the river
segments designated by the amendment made in section 3, the
zoning ordinances adopted by the towns in Avon, Bloomfield,
Burlington, East Granby, Farmington, Granby, Hartland,
Simsbury, and Windsor in Connecticut, including provisions for
conservation of floodplains, wetlands and watercourses
associated with the segments, shall be deemed to satisfy the
standards and requirements of section 6(c) of the Wild and
Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of lands by condemnation shall
apply to the river segments designated by the amendment made in
section 3 of this Act. The authority of the Secretary to
acquire lands and permanent structures for the purposes of the
river segments designated by the amendment made in section 3 of
this Act shall be limited to acquisition by donation or
acquisition with the consent of the owner of the lands, and
shall be subject to the additional criteria set forth in the
management plan.
(d) Rainbow Dam.--The designation made by the amendment in section
3 shall not be construed to--
(1) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including any and
all aspects of its facilities, operations and transmission
lines) by the Federal Energy Regulatory Commission as a
federally licensed hydroelectric generation project under the
Federal Power Act; or
(2) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(e) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower
Farmington River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
(f) Protection Afforded by Wild and Scenic River Designation.--The
National Park Service may not administratively change the extent of the
protection afforded to the river segments designated by the amendment
made in section 3.
SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION.
Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to the
confluence with the Nepaug River''.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Management plan.--The term ``management plan'' means
the management plan referred to in section 2(3).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Lower Farmington River and Salmon Brook Wild and Scenic River Act This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. The Lower Farmington River and Salmon Brook Wild and Scenic Committee, in coordination with the Department of the Interior, shall lead and coordinate the implementation of the management plan for the designated river segments according to the amendments to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011, as determined to be consistent with this bill. The designation made by this bill shall not be construed to: (1) prohibit, pre-empt, or abridge future licensing or re-licensing of the Rainbow Dam and Reservoir by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the dam and reservoir. The Lower Farmington River shall not be administered as part of the National Park System (NPS) or be subject to NPS regulations. The National Park Service may not administratively change the extent of the protection afforded to the river segments designated by this bill. The bill also revises the description of a specified designated segment of the Farmington River in Connecticut. | {"src": "billsum_train", "title": "Lower Farmington River and Salmon Brook Wild and Scenic River Act"} | 1,865 | 295 | 0.70139 | 2.203872 | 0.714821 | 5.647287 | 6.434109 | 0.903101 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oregon Public Land
Transfer and Protection Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS
Sec. 101. Land transfers involving Rogue River National Forest and
other public land in Oregon.
TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND
Sec. 201. Definitions.
Sec. 202. No net loss of O & C land, CBWR land, or public domain land.
Sec. 203. Relationship to Umpqua land exchange authority.
TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON
Sec. 301. Conveyance to Deschutes County, Oregon.
TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS
SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND
OTHER PUBLIC LAND IN OREGON.
(a) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain land depicted on the
map entitled ``BLM/Rogue River NF Administrative Jurisdiction
Transfer, North Half'' and dated April 28, 1998, and the map
entitled ``BLM/Rogue River NF Administrative Jurisdiction
Transfer, South Half'' and dated April 28, 1998, consisting of
approximately 2,058 acres within the external boundaries of
Rogue River National Forest in the State of Oregon, is added to
and made a part of Rogue River National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of the Interior to the Secretary
of Agriculture.
(3) Management.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the land described in
paragraph (1) as part of Rogue River National Forest in
accordance with the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (36 Stat. 961, chapter 186), and other laws
(including regulations) applicable to the National Forest
System.
(b) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal land depicted on the maps
described in subsection (a)(1), consisting of approximately
1,632 acres within the external boundaries of Rogue River
National Forest, is transferred to unreserved public domain
status, and the status of the land as part of Rogue River
National Forest and the National Forest System is revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of Agriculture to the Secretary
of the Interior.
(3) Management.--Subject to valid existing rights, the
Secretary of the Interior shall administer such land under the
laws (including regulations) applicable to unreserved public
domain land.
(c) Restoration of Status of Certain National Forest Land as
Revested Railroad Grant Land.--
(1) Restoration of earlier status.--The Federal land
depicted on the maps described in subsection (a)(1), consisting
of approximately 4,298 acres within the external boundaries of
Rogue River National Forest, is restored to the status of
revested Oregon and California Railroad grant land, and the
status of the land as part of Rogue River National Forest and
the National Forest System is revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of Agriculture to the Secretary
of the Interior.
(3) Management.--Subject to valid existing rights, the
Secretary of the Interior shall administer the land described
in paragraph (1) under the Act of August 28, 1937 (43 U.S.C.
1181a et seq.), and other laws (including regulations)
applicable to revested Oregon and California Railroad grant
land under the administrative jurisdiction of the Secretary of
the Interior.
(d) Addition of Certain Revested Railroad Grant Land to National
Forest.--
(1) Land transfer.--The revested Oregon and California
Railroad grant land depicted on the maps described in
subsection (a)(1), consisting of approximately 960 acres within
the external boundaries of Rogue River National Forest, is
added to and made a part of Rogue River National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the land described in paragraph (1) is
transferred from the Secretary of the Interior to the Secretary
of Agriculture.
(3) Management.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the land described in
paragraph (1) as part of Rogue River National Forest in
accordance with the Act of March 1, 1911 (36 Stat. 961, chapter
186), and other laws (including regulations) applicable to the
National Forest System.
(4) Distribution of receipts.--Notwithstanding the sixth
paragraph under the heading ``forest service'' in the Act of
May 23, 1908 and section 13 of the Act of March 1, 1911 (16
U.S.C. 500), revenues derived from the land described in
paragraph (1) shall be distributed in accordance with the Act
of August 28, 1937 (43 U.S.C. 1181a et seq.).
(e) Boundary Adjustment.--The boundaries of Rogue River National
Forest are adjusted to encompass the land transferred to the
administrative jurisdiction of the Secretary of Agriculture under this
section and to exclude private property interests adjacent to the
exterior boundaries of Rogue River National Forest, as depicted on the
map entitled ``BLM/Rogue River NF Boundary Adjustment, North Half'' and
dated April 28, 1998, and the map entitled ``BLM/Rogue River NF
Boundary Adjustment, South Half'' and dated April 28, 1998.
(f) Maps.--Not later than 60 days after the date of enactment of
this Act, the maps described in this section shall be available for
public inspection in the office of the Chief of the Forest Service.
(g) Miscellaneous Requirements.--As soon as practicable after the
date of enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall--
(1) revise the public land records relating to the land
transferred under this section to reflect the administrative,
boundary, and other changes made by this section; and
(2) publish in the Federal Register appropriate notice to
the public of the changes in administrative jurisdiction made
by this section with regard to the land.
TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND
SEC. 201. DEFINITIONS.
In this title:
(1) O & C land.--The term ``O & C land'' means the land
(commonly known as ``Oregon and California Railroad grant
land'') that--
(A) revested in the United States under the Act of
June 9, 1916 (39 Stat. 218, chapter 137); and
(B) is managed by the Secretary of the Interior
through the Bureau of Land Management under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(2) CBWR land.--The term ``CBWR land'' means the land
(commonly known as ``Coos Bay Wagon Road grant land'') that--
(A) was reconveyed to the United States under the
Act of February 26, 1919 (40 Stat. 1179, chapter 47);
and
(B) is managed by the Secretary of the Interior
through the Bureau of Land Management under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(3) Public domain land.--
(A) In general.--The term ``public domain land''
has the meaning given the term ``public lands'' in
section 103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702).
(B) Exclusions.--The term ``public domain land''
does not include O & C land or CBWR land.
(4) Geographic area.--The term ``geographic area'' means
the area in the State of Oregon within the boundaries of the
Medford District, Roseburg District, Eugene District, Salem
District, Coos Bay District, and Klamath Resource Area of the
Lakeview District of the Bureau of Land Management, as the
districts and the resource area were constituted on January 1,
1998.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 202. NO NET LOSS OF O & C LAND, CBWR LAND, OR PUBLIC DOMAIN LAND.
In carrying out sales, purchases, and exchanges of land in the
geographic area, the Secretary shall ensure that on expiration of the
10-year period beginning on the date of enactment of this Act and on
expiration of each 10-year period thereafter, the number of acres of O
& C land and CBWR land in the geographic area, and the number of acres
of O & C land, CBWR land, and public domain land in the geographic area
that are available for timber harvesting, are not less than the number
of acres of such land on the date of enactment of this Act.
SEC. 203. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.
Notwithstanding any other provision of this title, this title shall
not apply to an exchange of land authorized under section 1028 of the
Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-
333; 110 Stat. 4231), or any implementing legislation or administrative
rule, if the land exchange is consistent with the memorandum of
understanding between the Umpqua Land Exchange Project and the
Association of Oregon and California Land Grant Counties dated February
19, 1998.
TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON
SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON.
(a) Purposes.--The purposes of this section are to authorize the
Secretary of the Interior to sell at fair market value to Deschutes
County, Oregon, certain land to be used to protect the public's
interest in clean water in the aquifer that provides drinking water for
residents and to promote the public interest in the efficient delivery
of social services and public amenities in southern Deschutes County,
Oregon, by--
(1) providing land for private residential development to
compensate for development prohibitions on private land
currently zoned for residential development the development of
which would cause increased pollution of ground and surface
water;
(2) providing for the streamlined and low-cost acquisition
of land by nonprofit and governmental social service entities
that offer needed community services to residents of the area;
(3) allowing the County to provide land for community
amenities and services such as open space, parks, roads, and
other public spaces and uses to area residents at little or no
cost to the public; and
(4) otherwise assist in the implementation of the Deschutes
County Regional Problem Solving Project.
(b) Sale of Land.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management (referred
to in this section as the ``Secretary'') may make available for
sale at fair market value to Deschutes County, Oregon, the land
in Deschutes County, Oregon (referred to in this section as the
``County''), comprising approximately 544 acres and lying in
Township 22, S., Range 10 E. Willamette Meridian, described as
follows:
(A) Sec. 1:
(i) Government Lot 3, the portion west of
Highway 97;
(ii) Government Lot 4;
(iii) SENW, the portion west of Highway 97;
SWNW, the portion west of Highway 97, NWSW, the
portion west of Highway 97; SWSW, the portion
west of Highway 97;
(B) Sec. 2:
(i) Government Lot 1;
(ii) SENE, SESW, the portion east of
Huntington Road; NESE; NWSE; SWSE; SESE, the
portion west of Highway 97;
(C) Sec. 11:
(i) Government Lot 10;
(ii) NENE, the portion west of Highway 97;
NWNE; SWNE, the portion west of Highway 97;
NENW, the portion east of Huntington Road;
SWNW, the portion east of Huntington Road;
SENW.
(2) Suitability for sale.--The Secretary shall convey the
land under paragraph (1) only if the Secretary determines that
the land is suitable for sale through the land use planning
process.
(c) Special Account.--The amount paid by the County for the
conveyance of land under subsection (b)--
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) may be used by the Secretary for the purchase of
environmentally sensitive land east of Range Nine East in the
State of Oregon that is consistent with the goals and
objectives of the land use planning process of the Bureau of
Land Management.
Passed the Senate October 9 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | TABLE OF CONTENTS:
Title I: Rogue River National Forest Transfers
Tile II: Protection of Oregon and California Railroad Grant
Land
Title III: Conveyance to Deschutes County, Oregon
Oregon Public Land Transfer and Protection Act of 1998 -
Title I: Rogue River National Forest Transfers
- Provides for the transfer of: (1) specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest; and (2) other lands from the National Forest to public domain status.
Restores the status of certain revested Oregon and California railroad grant land (O&C land) and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such National Forest.
Title II: Protection of Oregon and California Railroad Grant Land
- Directs the Secretary of the Interior, in carrying out sales, purchases, and exchanges of Bureau of Land Management land located within six Oregon districts (the geographic area), to ensure that, upon the expiration of a ten-year period beginning on the date of enactment of this Act and each ten-year period thereafter, the total number of acres of O&C land, Coos Bay Wagon Road grant land, and public domain land in the geographic area that are available for timber harvesting is not less than such number on the date of enactment of this Act.
Title III: Conveyance to Deschutes County, Oregon
- Directs the Secretary to sell at fair market value to Deschutes County, Oregon, specified land in Deschutes County. Provides for the conveyance of such land only if the Secretary determines it suitable for sale through the land use planning process.
States that the amount paid by the County for the conveyance of the land: (1) shall be deposited in a special account in the Treasury; and (2) may be used by the Secretary for the purchase of certain environmentally sensitive land in Oregon that is consistent with the goals and objectives of the land use planning process of the Bureau. | {"src": "billsum_train", "title": "Oregon Public Land Transfer and Protection Act of 1998"} | 2,975 | 439 | 0.638923 | 1.940368 | 0.837674 | 4.853234 | 6.524876 | 0.912935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia National Guard
Retention and College Access Act''.
SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The District of Columbia National Guard is under the
exclusive jurisdiction of the President of the United States as
Commander in Chief and, unlike other National Guards, is
permanently federalized.
(2) The District of Columbia National Guard is unique and
differs from the National Guards of the several States in that
the District of Columbia National Guard is responsible, not
only for residents of the District of Columbia, but also for a
special and unique mission and obligation as a result of the
extensive presence of the Federal Government in the District of
Columbia.
(3) Consequently, the President of the United States,
rather than the chief executive of the District of Columbia, is
in command of the District of Columbia National Guard, and only
the President can call up the District of Columbia National
Guard even for local emergencies.
(4) The District of Columbia National Guard has been
specifically trained to address the unique emergencies that may
occur regarding the presence of the Federal Government in the
District of Columbia.
(5) The great majority of the members of the District of
Columbia National Guard actually live in Maryland or Virginia,
rather than in the District of Columbia.
(6) The District of Columbia National Guard has been
experiencing a disproportionate decline in force in comparison
to the National Guards of Maryland and Virginia.
(7) The States of Maryland and Virginia provide additional
recruiting and retention incentives, such as educational
benefits, in order to maintain their force, and their National
Guards have drawn recruits from the District of Columbia at a
rate that puts at risk the maintenance of the necessary force
levels for the District of Columbia National Guard.
(8) Funds for an educational benefit for members of the
District of Columbia National Guard would provide an incentive
to help reverse the loss of members to nearby National Guards
and allow for maintenance and increase of necessary District of
Columbia National Guard personnel.
(9) The loss of members of the District of Columbia
National Guard could adversely affect the readiness of the
District of Columbia National Guard to respond in the event of
a terrorist attack on the capital of the United States.
(b) Educational Assistance Program Authorized.--The commanding
general of the District of Columbia National Guard (in this section
referred to as the ``commanding general'') may provide financial
assistance under this section to a member of the District of Columbia
National Guard who has satisfactorily completed required initial active
duty service and executes a written agreement to serve in the District
of Columbia National Guard for a period of not less than 6 years, to
assist the member in covering expenses incurred by the member while
enrolled in an approved institution of higher education to pursue the
member's first undergraduate, master's, vocational, or technical degree
or certification.
(c) Maintenance of Eligibility.--To continue to be eligible for
financial assistance under this section, a member of the District of
Columbia National Guard must--
(1) be satisfactorily performing duty in the District of
Columbia National Guard in accordance with regulations of the
National Guard;
(2) be enrolled on a full-time or part-time basis (at least
3, but less than 12 credit hours per semester) in an approved
institution of higher education; and
(3) maintain satisfactory progress in the course of study
the member is pursuing, determined in accordance with section
484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)).
(d) Covered Expenses.--Financial assistance received by a member of
the District of Columbia National Guard under this section may be used
to cover--
(1) tuition and fees charged by an approved institution of
higher education involved;
(2) the cost of books; and
(3) laboratory expenses.
(e) Amount of Assistance.--The amount of financial assistance
provided to a member of the District of Columbia National Guard under
this section may be up to $400 per credit hour, but not to exceed
$5,500 per year. If the commanding general determines that the amount
available to provide assistance under this section in any year will be
insufficient, the commanding general may reduce the maximum amount of
the assistance authorized, or set a limit on the number of
participants, to ensure that amounts expended do not exceed available
amounts.
(f) Relation to Other Assistance.--A member of the District of
Columbia National Guard may receive financial assistance under this
section in addition to assistance provided under any other provision of
law, except that the member may not receive financial assistance under
this section if the member receives a Reserve Officer Training Corps
scholarship.
(g) Administration.--The commanding general, in consultation with
approved institutions of higher education, shall develop policies and
procedures for the administration of this section. Nothing in this
section shall be construed to require an institution of higher
education to alter the institution's admissions policies or standards
in any manner to enable a member of the District of Columbia National
Guard to enroll in the institution.
(h) Repayment.--A member of the District of Columbia National Guard
who receives assistance under this section and who, voluntarily or
because of misconduct, fails to serve for the period covered by the
agreement required by subsection (b) or fails to comply with the
eligibility conditions specified in subsection (c) shall be subject to
the repayment provisions of section 373 of title 37, United States
Code.
(i) Funding Sources and Gifts.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the District of Columbia such sums as may
be necessary to enable the commanding general to provide
financial assistance under this section. Funds appropriated
pursuant to this authorization of appropriations shall remain
available until expended.
(2) Transfer of funds.--The commanding general may accept
the transfer of funds from Federal agencies and use any funds
so transferred for purposes of providing assistance under this
section. There is authorized to be appropriated to the head of
any executive branch agency such sums as may be necessary to
permit the transfer of funds to the commanding general to
provide financial assistance under this section.
(3) Donations.--The commanding general concerned may
accept, use, and dispose of donations of services or property
for purposes of providing assistance under this section.
(j) Definition.--In this section, the term ``approved institution
of higher education'' means an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)) that--
(1) is eligible to participate in the student financial
assistance programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.); and
(2) has entered into an agreement with the commanding
general containing an assurance that funds made available under
this section are used to supplement and not supplant other
assistance that may be available for members of the District of
Columbia National Guard.
(k) Implementation of Program.--Financial assistance may be
provided under this section to eligible members of the District of
Columbia National Guard for periods of instruction that begin on or
after January 1, 2010. | District of Columbia National Guard Retention and College Access Act - Authorizes the commanding general of the District of Columbia National Guard to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for a period of not less than six years.
Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education. | {"src": "billsum_train", "title": "To establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses."} | 1,547 | 108 | 0.509155 | 1.300915 | 0.2945 | 4.382979 | 15.989362 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Employee Ownership
Bank Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) between December 2007 and October 2009, payroll
employment in the United States fell by 8,200,000;
(2) between January 2000 and October 2009, the
manufacturing sector lost 5,617,000 jobs;
(3) as of October 2009, fewer than 12,000,000 workers in
the United States were employed in the manufacturing sector,
the fewest number of factory jobs since March 1941;
(4) at the end of 2008, the United States had a trade
deficit of more than $695,936,000,000, including a record-
breaking $268,039,800,000 trade deficit with China;
(5) preserving and increasing decent paying jobs must be a
top priority of Congress;
(6) providing loan guarantees, direct loans, and technical
assistance to employees to buy their own companies will
preserve and increase employment in the United States; and
(7) just as the United States Export-Import Bank was
created in 1934 in the midst of the Great Depression, as a way
to increase United States jobs through exports, the time has
come to establish the United States Employee Ownership Bank
within the Department of the Treasury to preserve and expand
jobs in the United States.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Bank'' means the Unites States Employee
Ownership Bank, established under section 4;
(2) the term ``eligible worker-owned cooperative'' has the
same meaning as in section 1042(c)(2) of the Internal Revenue
Code of 1986;
(3) the term ``employee stock ownership plan'' has the same
meaning as in section 4975(e)(7) of the Internal Revenue Code
of 1986; and
(4) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN
THE DEPARTMENT OF THE TREASURY.
(a) Establishment of Bank.--
(1) In general.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary
shall establish the United States Employee Ownership Bank, to
foster increased employee ownership of United States companies
and greater employee participation in company decision making
throughout the United States.
(2) Organization of the bank.--
(A) Management.--The Secretary shall appoint a
Director to serve as the head of the Bank, who shall
serve at the pleasure of the Secretary.
(B) Staff.--The Director may select, appoint,
employ, and fix the compensation of such employees as
are necessary to carry out the functions of the Bank.
(b) Duties of Bank.--The Bank is authorized to provide loans, on a
direct or guaranteed basis, which may be subordinated to the interests
of all other creditors--
(1) to purchase a company through an employee stock
ownership plan or an eligible worker-owned cooperative, which
shall be at least 51 percent employee owned, or will become at
least 51 percent employee owned as a result of financial
assistance from the Bank;
(2) to allow a company that is less than 51 percent
employee owned to become at least 51 percent employee owned;
(3) to allow a company that is already at least 51 percent
employee owned to increase the level of employee ownership at
the company; and
(4) to allow a company that is already at least 51 percent
employee owned to expand operations and increase or preserve
employment.
(c) Preconditions.--Before the Bank makes any subordinated loan or
guarantees a loan under subsection (b)(1), a business plan shall be
submitted to the bank that--
(1) shows that--
(A) not less than 51 percent of all interests in
the company is or will be owned or controlled by an
employee stock ownership plan or eligible worker-owned
cooperative;
(B) the board of directors of the company is or
will be elected by shareholders on a one share to one
vote basis or by members of the eligible worker-owned
cooperative on a one member to one vote basis, except
that shares held by the employee stock ownership plan
will be voted according to section 409(e) of the
Internal Revenue Code of 1986, with participants
providing voting instructions to the trustee of the
employee stock ownership plan in accordance with the
terms of the employee stock ownership plan and the
requirements of that section 409(e); and
(C) all employees will receive basic information
about company progress and have the opportunity to
participate in day-to-day operations; and
(2) includes a feasibility study from an objective third
party with a positive determination that the employee stock
ownership plan or eligible worker-owned cooperative will
generate enough of a margin to pay back any loan, subordinated
loan, or loan guarantee that was made possible through the
Bank.
(d) Terms and Conditions for Loans and Loan Guarantees.--
Notwithstanding any other provision of law, a loan that is provided or
guaranteed under this section shall--
(1) bear interest at an annual rate, as determined by the
Secretary--
(A) in the case of a direct loan under this Act--
(i) sufficient to cover the cost of
borrowing to the Department of the Treasury for
obligations of comparable maturity; or
(ii) of 4 percent; and
(B) in the case of a loan guaranteed under this
section, in an amount that is equal to the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 12 years.
SEC. 5. EMPLOYEE RIGHT OF FIRST REFUSAL BEFORE PLANT OR FACILITY
CLOSING.
Section 3 of the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2102) is amended--
(1) in the section heading, by adding at the end the
following: ``; employee stock ownership plans or eligible
worker owned cooperatives''; and
(2) by adding at the end the following:
``(e) Employee Stock Ownership Plans and Eligible Worker-Owned
Cooperatives.--
``(1) General rule.--If an employer orders a plant or
facility closing in connection with the termination of its
operations at such plant or facility, the employer shall offer
its employees an opportunity to purchase such plant or facility
through an employee stock ownership plan (as that term is
defined in section 4975(e)(7) of the Internal Revenue Code of
1986) or an eligible worker-owned cooperative (as that term is
defined in section 1042(c)(2) of the Internal Revenue Code of
1986) that is at least 51 percent employee owned. The value of
the company which is to be the subject of such plan or
cooperative shall be the fair market value of the plant or
facility, as determined by an appraisal by an independent third
party jointly selected by the employer and the employees. The
cost of the appraisal may be shared evenly between the employer
and the employees.
``(2) Exemptions.--Paragraph (1) shall not apply--
``(A) if an employer orders a plant closing, but
will retain the assets of such plant to continue or
begin a business within the United States; or
``(B) if an employer orders a plant closing and
such employer intends to continue the business
conducted at such plant at another plant within the
United States.''.
SEC. 6. REGULATIONS ON SAFETY AND SOUNDNESS AND PREVENTING COMPETITION
WITH COMMERCIAL INSTITUTIONS.
Before the end of the 90-day period beginning on the date of
enactment of this Act, the Secretary of the Treasury shall prescribe
such regulations as are necessary to implement this Act and the
amendments made by this Act, including--
(1) regulations to ensure the safety and soundness of the
Bank; and
(2) regulations to ensure that the Bank will not compete
with commercial financial institutions.
SEC. 7. COMMUNITY REINVESTMENT CREDIT.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(l) Establishment of Employee Stock Ownership Plans and Eligible
Worker-Owned Cooperatives.--In assessing and taking into account, under
subsection (a), the record of a financial institution, the appropriate
Federal financial supervisory agency may consider as a factor capital
investments, loans, loan participation, technical assistance, financial
advice, grants, and other ventures undertaken by the institution to
support or enable employees to establish employee stock ownership plans
or eligible worker-owned cooperatives (as those terms are defined in
sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of
1986, respectively), that are at least 51 percent employee-owned plans
or cooperatives.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act, $500,000,000 for fiscal year 2010, and such sums as may
be necessary thereafter. | United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank to foster increased employee ownership and greater employee participation in company decision making throughout the United States.
Authorizes the Bank to make loans, on a direct or guaranteed basis, and which may be subordinated to the interests of all other creditors, to employees to purchase a company through an employee stock ownership plan or eligible worker-owned cooperative which is at least 51% employee owned, or will become so as a result of Bank assistance.
Authorizes the bank also to allow: (1) a company that is less than 51% employee owned to become at least 51% employee owned; and (2) allow a company that is already at least 51% employee owned to increase the level of employee ownership, expand operations, and increase or preserve employment.
Amends the Worker Adjustment and Retraining Notification Act to require the employer, if it orders a plant or facility closing in connection with the termination of its operations there, to offer its employees an opportunity to purchase such plant or facility through an employee stock ownership plan or an eligible worker-owned cooperative that is at least 51% employee owned.
Exempts from such requirement an employer that orders a plant closing: (1) but will retain the plant assets to continue or begin a business within the United States; or (2) intends to continue the business conducted at such plant at another plant within the United States.
Amends the Community Reinvestment Act of 1977 to authorize the appropriate federal financial supervisory agency, in assessing and taking into account the record of a financial institution during an examination, to consider capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives that are at least 51% employee-owned. | {"src": "billsum_train", "title": "A bill to provide for the establishment of the United States Employee Ownership Bank, and for other purposes."} | 1,977 | 398 | 0.520256 | 1.790393 | 0.76027 | 5.479893 | 4.938338 | 0.938338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DNA Identification Act of 1993''.
SEC. 2. DNA IDENTIFICATION.
(a) Funding To Improve the Quality and Availability of DNA Analyses
for Law Enforcement Identification Purposes.--
(1) Drug control and system improvement grant program.--
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(20);
(B) by striking the period at the end of paragraph
(21) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(23) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (referred to in
this title as `DNA') for identification purposes.''.
(2) State applications.--Section 503(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)) is amended by adding at the end the following new
paragraph:
``(12) If any part of a grant made under this part is to be
used to develop or improve a DNA analysis capability in a
forensic laboratory, a certification that--
``(A) DNA analyses performed at the laboratory will
satisfy or exceed then current standards for a quality
assurance program for DNA analysis issued by the
Director of the Federal Bureau of Investigation under
section 2(b) of the DNA Identification Act of 1993;
``(B) DNA samples obtained by and DNA analyses
performed at the laboratory will be made available
only--
``(i) to criminal justice agencies, for law
enforcement identification purposes;
``(ii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant is charged; and
``(iii) to others, if personally
identifiable information is removed, for a
population statistics database, for
identification research and protocol
development purposes, or for quality control
purposes; and
``(C) the laboratory and each analyst performing
DNA analyses at the laboratory will undergo, at regular
intervals not exceeding 180 days, external proficiency
testing by a DNA proficiency testing program meeting
the standards issued under section 2(b) of the DNA
Identification Act of 1993.''.
(3) Authorization of appropriations.--For each of fiscal
years 1994, 1995, 1996, 1997, and 1998 there are authorized to
be appropriated $10,000,000 for grants to the States for DNA
analysis.
(b) Quality Assurance and Proficiency Testing Standards.--
(1) Publication of quality assurance and proficiency
testing standards.--(A) Not later than 180 days after the date
of enactment of this Act, the Director of the Federal Bureau of
Investigation shall appoint an advisory board on DNA quality
assurance methods. The Director shall appoint members of the
board from among nominations proposed by the head of the
National Academy of Sciences and professional societies of
crime laboratory officials. The advisory board shall include as
members scientists from State and local forensic laboratories,
molecular geneticists and population geneticists not affiliated
with a forensic laboratory, and a representative from the
National Institute of Standards and Technology. The advisory
board shall develop, and if appropriate, periodically revise,
recommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories,
and forensic analysts, in conducting analyses of DNA.
(B) The Director of the Federal Bureau of Investigation,
after taking into consideration such recommended standards,
shall issue (and revise from time to time) standards for
quality assurance, including standards for testing the
proficiency of forensic laboratories, and forensic analysts, in
conducting analyses of DNA.
(C) The standards described in subparagraphs (A) and (B)
shall specify criteria for quality assurance and proficiency
tests to be applied to the various types of DNA analyses used
by forensic laboratories. The standards shall also include a
system for grading proficiency testing performance to determine
whether a laboratory is performing acceptably.
(D) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall be
deemed the Director's standards for purposes of this section.
(2) Administration of the advisory board.--For
administrative purposes, the advisory board appointed under
paragraph (1) shall be considered to be an advisory board to
the Director of the Federal Bureau of Investigation. Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the advisory board appointed under
subsection (a). The board shall cease to exist on the date that
is 5 years after the date on which initial appointments are
made to the board, unless the existence of the board is
extended by the Director of the Federal Bureau of
Investigation.
(c) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--
(1) In general.--The Director of the Federal Bureau of
Investigation may establish an index of--
(A) DNA identification records of persons convicted
of crimes;
(B) analyses of DNA samples recovered from crime
scenes; and
(C) analyses of DNA samples recovered from
unidentified human remains.
(2) Contents.--The index established under paragraph (1)
shall include only information on DNA identification records
and DNA analyses that are--
(A) based on analyses performed in accordance with
publicly available standards that satisfy or exceed the
guidelines for a quality assurance program for DNA
analysis, issued by the Director of the Federal Bureau
of Investigation under subsection (b);
(B) prepared by laboratories and DNA analysts that
undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA proficiency
testing program meeting the standards issued under
subsection (b); and
(C) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analyses
only--
(i) to criminal justice agencies, for law
enforcement identification purposes;
(ii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant is charged; or
(iii) to others, if personally identifiable
information is removed, for a population
statistics database, for identification
research and protocol development purposes, or
for quality control purposes.
(3) Failure to meet requirements.--The exchange of records
authorized by this subsection is subject to cancellation if the
quality control and privacy requirements described in paragraph
(2) are not met.
(d) Federal Bureau of Investigation.--
(1) Proficiency testing requirements.--(A) Personnel at the
Federal Bureau of Investigation who perform DNA analyses shall
undergo, at regular intervals not exceeding 180 days, external
proficiency testing by a DNA proficiency testing program
meeting the standards issued under subsection (b). Not later
than 1 year after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall arrange
for periodic blind external tests to determine the proficiency
of DNA analysis performed at the Federal Bureau of
Investigation laboratory. As used in this subparagraph, the
term ``blind external test'' means a test that is presented to
the laboratory through a second agency and appears to the
analysts to involve routine evidence.
(B) For each of the 5 years following the date of enactment
of this Act, the Director of the Federal Bureau of
Investigation shall submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary
of the Senate an annual report on the results of each of the
tests described in subparagraph (A).
(2) Privacy protection standards.--(A) Except as provided
in subparagraph (B), the results of DNA tests performed for a
Federal law enforcement agency for law enforcement purposes may
be disclosed only--
(i) to criminal justice agencies for law
enforcement identification purposes; or
(ii) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which the defendant is
charged.
(B) If personally identifiable information is removed, test
results may be disclosed for a population statistics database,
for identification research and protocol development purposes,
or for quality control purposes.
(3) Criminal penalties.--(A) Whoever--
(i) by virtue of employment or official position,
has possession of, or access to, individually
identifiable DNA information indexed in a database
created or maintained by any Federal law enforcement
agency; and
(ii) willfully discloses such information in any
manner to any person or agency not entitled to receive
it,
shall be fined not more than $100,000.
(B) Whoever, without authorization, willfully obtains DNA
samples or individually identifiable DNA information indexed in
a database created or maintained by any Federal law enforcement
agency shall be fined not more than $100,000.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Bureau of Investigation $2,000,000 for each
of fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out
subsections (b), (c), and (d). | DNA Identification Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes.
Requires the Director of the Federal Bureau of Invesigation (FBI) to: (1) appoint an advisory board on DNA quality assurance methods; and (2) issue standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting such analyses.
Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains.
Makes the exchange of DNA identification records subject to cancellation if specified quality control and privacy requirements are not met.
Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals, external proficiency testing; and (2) the Director to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory.
Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. | {"src": "billsum_train", "title": "DNA Identification Act of 1993"} | 1,988 | 350 | 0.644306 | 2.122064 | 0.837026 | 3.965409 | 6.097484 | 0.915094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nigeria Democracy Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Nigeria is one of the most important countries in
Africa, with the largest population on the continent, a
critically important role in West Africa, and tremendous
economic and human potential.
(2) The American and Nigerian people have enjoyed a long
history of friendship and cooperation.
(3) Since independence in 1960, Nigeria has experienced a
series of military and civilian governments, marked by coups
and political instability, including the devastating and tragic
civil war in the Biafra region.
(4) On June 12, 1993, Nigeria held a presidential election,
which most observers believe generally represented the will of
the Nigerian people despite imperfections in the electoral
process, but the Nigerian military government nullified that
election and later installed an interim government.
(5) On September 23, 1993, General Sani Abacha overthrew
the interim government and assumed power in a military coup,
and more than two years later, on October 1, 1995, he announced
a three-year transition to democratic elections, a period
widely regarded as unnecessarily long.
(6) The rule of General Abacha has been marked by egregious
human rights abuses, a devastating economic decline, and
rampant corruption.
(7) On November 10, 1995, Ken Saro-Wiwa, an
internationally-recognized human rights activist, and eight
others, were executed following a seriously-flawed judicial
proceeding despite numerous pleas for clemency from the
international community; others, including M.K.O. Abiola,
General Obasanjo, Beko Ransome-Kuti, and General Sheu Musa
Yar'Adua, have been sentenced in secret tribunals to long
prison terms.
(8) Since 1993, the United States and other members of the
international community, including Great Britain, have imposed
limited sanctions against Nigeria to promote human rights and
an expeditious transition to civilian, democratic government,
but these efforts have had limited impact.
(9) The continued military rule of General Abacha
undermines confidence in the Nigerian economy, damages
relations between Nigeria and the United States, threatens the
political and economic stability of West Africa, and harms the
lives of the people of Nigeria.
SEC. 3. DECLARATION OF POLICY.
The Congress declares that the United States, working in concert
with the international community, should maintain a policy toward the
Government of Nigeria that is designed to protect internationally
recognized human rights, expedite the transition to civilian,
democratic government, and promote equitable economic development in
Nigeria.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA.
(a) United States Measures To Promote Democracy and Human Rights.--
(1) No assistance.--No assistance may be made available
under the Foreign Assistance Act of 1961 or the Arms Export
Control Act to the Government of Nigeria.
(2) International financial institutions.--The President
shall instruct the United States Executive Director of each
international financial institution to vote against any loan or
other utilization of the funds of the respective institution to
or from Nigeria.
(3) Air transportation.--Air transportation with Nigeria
shall be prohibited in accordance with subsection (b).
(4) Defense articles and services.--No defense article or
defense service may be sold or financed with respect to
Nigeria, and no license to export to Nigeria a defense article
or service may be issued.
(5) Exclusion of nigerians from admission to the united
states.--Except as required by United States treaty
obligations, any Nigerian national who formulates, implements,
or benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families shall be
ineligible to receive a visa and shall be excluded from
admission into the United States.
(6) Eximbank, opic, and tda.--No funds available to the
Export-Import Bank of the United States, the Overseas Private
Investment Corporation, or the Trade and Development Agency may
be used with respect to Nigeria.
(7) Prohibition of new investment.--
(A) No national of the United States may, directly
or through another person, invest or participate in the
liquefied natural gas project at Bonny, Nigeria.
(B) In addition to the prohibition contained in
subparagraph (A), no national of the United States may,
directly or through another person, make any new
investment in Nigeria, including new investments in the
energy sector.
(C) The prohibition contained in subparagraph (B)
shall take effect 45 days after the date of enactment
of this Act.
(8) Assets freeze.--The President, acting through the
Secretary of the Treasury, shall exercise the authority of the
International Emergency Economic Powers Act to block the assets
of any Nigerian national who formulates, implements, or
benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families.
(9) Sports.--It is the sense of Congress that the
international community should consider excluding or suspending
Nigeria from international sports activities, including the
1996 Summer Olympic Games.
(b) Prohibition of Air Transportation With Nigeria.--(1)(A) The
President shall immediately notify the Government of Nigeria of his
intention to suspend the rights of any air carrier designated by the
Government of Nigeria under any air transport agreement between the
United States and Nigeria to service the routes provided in the
agreement.
(B) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation to revoke the right of any
air carrier designated by the Government of Nigeria under such
agreement to provide service pursuant to the agreement.
(C) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation not to permit or otherwise
designate any United States air carrier to provide service between the
United States and Nigeria pursuant to such agreement.
(2)(A) The Secretary of State shall terminate any air transport
agreement between the Government of the United States and the
Government of Nigeria in accordance with the provisions of that
agreement.
(B) Upon termination of such agreement, the Secretary of
Transportation shall prohibit any aircraft of a foreign air carrier
owned, directly of indirectly, by the Government of Nigeria or by
Nigerian nationals from engaging in air transportation with respect to
the United States.
(C) The Secretary of Transportation shall prohibit the takeoff and
landing in Nigeria of any aircraft by an air carrier owned, directly or
indirectly, or controlled by a national of the United States or by any
corporation or other entity organized under the laws of the United
States or of any State.
(3) The prohibitions contained in paragraph (1) or (2) do not apply
when such air transportation is important to the national interest of
the United States, including emergencies in which the safety of an
aircraft or its crew or passengers is threatened.
(4) For the purposes of this subsection, the terms ``aircraft'',
``air transportation'', and ``foreign air carrier'' have the meanings
given those terms in section 101 of the Federal Aviation Act of 1958
(49 U.S.C. 1301).
(c) Multilateral Measures To Promote Democracy and Human Rights.--
(1) The President should actively urge other countries to undertake
steps, similar to those in subsections (a)(1)-(9), including freezing
assets, to promote democracy and human rights in Nigeria.
(2) The President, acting through the United States Permanent
Representative to the United Nations, should actively pursue the
passage of a resolution in the United Nations Security Council to
impose an international arms embargo against Nigeria.
(3) The President, both at the United Nations and together with
other members of the international community, should actively seek
multilateral support for an international embargo on the sale or
distribution of any crude oil or refined petroleum product from
Nigeria.
(4) The President, acting through his representative, should
actively pursue the passage of a resolution condemning Nigeria at the
United Nations Human Rights Commission.
(d) Waiver of Sanctions.--(1) The President may waive any of the
sanctions contained in this section if he certifies to Congress--
(A) that the Government of Nigeria has--
(i) released all political prisoners;
(ii) demonstrated a commitment to respecting
internationally recognized human rights, including
respect for the rule of law; and
(iii) demonstrated an unequivocal commitment to
civilian, democratic government; or
(B) such waiver is important to the national interest of
the United States.
(2) In addition to the grounds of waiver set forth in paragraph
(1), the President may waive the sanctions contained in subsection
(a)(1) or (a)(4) for purposes of supporting international peacekeeping
operations.
(e) Termination of Sanctions.--The sanctions contained in this
section terminate when the President certifies to Congress that the
conditions contained in subsection (d)(1) have been met and the
Nigerian Government is civilian and democratic.
SEC. 5. ADDITIONAL MEASURES.
(a) Sense of Congress.--It is the sense of Congress that the United
States should impose additional measures against the Government of
Nigeria if substantial progress has not been made within three months
of the date of enactment of this Act in moving toward the establishment
of civilian, democratic government and respect for internationally
recognized human rights.
(b) Report.--(1) The President shall prepare and transmit to the
Congress within three months of enactment of this Act a report on the
extent to which significant progress has been made toward the
establishment of civilian, democratic government and respect for
internationally recognized human rights.
(2) If the President determines that significant progress has not
been made by the Government of Nigeria in moving toward establishment
of civilian, democratic government and respect for internationally
recognized human rights, the President shall include in the report
required by paragraph (1) steps taken under paragraphs (2) and (3) or
subsection 4(c) to build support for an international oil and arms
embargo, as well as a recommendation and analysis of additional
unilateral measures to be imposed, including a unilateral oil embargo
and a ban on the export of any refined petroleum product to Nigeria.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institutions'' includes the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Mutual Investment Guarantee Agency,
the African Development Bank, the African Development Fund, and
the International Monetary Fund.
(2) National of the united states.--The term ``national of
the United States'' means--
(A) a natural person who is a citizen of the United
States or is an alien lawfully admitted for permanent
residence in the United States, as defined by section
101(a)(20) of the Immigration and Nationality Act; or
(B) a corporation, partnership, or other business
association which is organized under the law of the
United States, any State or territory thereof, or the
District of Columbia.
(3) New investment.--The term ``new investment''--
(A) means--
(i) a commitment or contribution of funds
or other assets, and
(ii) a loan or other extension of credit,
and
(B) does not include--
(i) the reinvestment of profits generated
by a controlled Nigerian entity into that same
controlled Nigerian entity or the investment of
such profits in a Nigerian entity; and
(ii) contributions of money or other assets
where such contributions are necessary to
enable a controlled Nigerian entity to operate
in an economically sound manner, without
expanding its operations.
(4) Nigerian entity.--The term ``Nigerian entity'' means--
(A) a corporation, partnership, or other business
association or entity organized in Nigeria; or
(B) a branch, office, agency, or sole
proprietorship in Nigeria of a person that resides or
is organized outside Nigeria. | Nigeria Democracy Act - Imposes certain economic sanctions against Nigeria to promote democracy and human rights there.
Directs the President to notify Nigeria immediately of his intention to suspend air transportation between the United States and such country. Urges the President to seek multilateral support for an international embargo on the sale of arms to, and sale of crude oil or refined petroleum products from, Nigeria.
Authorizes waiver of such sanctions if the President certifies to the Congress that: (1) Nigeria has released all political prisoners and demonstrated a commitment to respecting internationally-recognized human rights and civilian, democratic government; or (2) such waiver is important to the national interest.
Declares the sense of the Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months after enactment of this Act toward the establishment of civilian, democratic government and respect for internationally recognized human rights. Requires a progress report from the President to the Congress, including specified recommendations if progress has not been made. | {"src": "billsum_train", "title": "Nigeria Democracy Act"} | 2,570 | 222 | 0.456579 | 1.483182 | 0.739584 | 4.105 | 12.25 | 0.935 |
SECTION 1. NATIONAL COMMISSION ON AMERICAN INDIAN TRUST HOLDINGS.
(a) Findings.--Congress finds that--
(1) the United States has entered into treaties with Indian
tribes under which the United States made various commitments
to Indian tribes and Indian people;
(2) the United States functions, by treaty and statute, as
a trustee for Indian tribes and individual Indians;
(3) the United States has a fiduciary obligation to Indian
tribes and Indian people and, in accordance with that
obligation, must use the highest standard of care to protect
the assets of Indian tribes and individual Indians;
(4) the United States has failed Indian tribes and
individual Indians and abridged its treaty and other
obligations relating to the handling of trust fund management
and historical accounting;
(5) mismanagement of Indian trust assets by the United
States is a longstanding problem that spans many
administrations;
(6) the complexity and longevity of that mismanagement
neither mitigates the injustice visited on Indian tribes and
the 300,000 individual Native Americans whose accounts have
been shortchanged nor absolves the United States of its
responsibility to correct the situation in a timely manner;
(7) in 1996 a civil action, Cobell v. Norton, Civ. No. 96-
1285 (RCL), was brought in the United States District Court for
the District of Columbia to attempt to obtain an order
compelling the United States to account for the trust funds
managed by the United States on behalf of individual Indians
and take all necessary action to bring the United States into
compliance with its fiduciary duties;
(8) those funds are generated from Indian trust land
royalties resulting from leases of that land to oil,
agricultural, timber, mining, and other interests;
(9) on April 5, 2004, Mr. Alan L. Balaran, the Special
Master in the Cobell case, tendered his resignation to the
Honorable Royce C. Lamberth;
(10) in his letter of resignation, Mr. Balaran stated
that--
(A) there is evidence that energy companies,
assisted by the Department of the Interior, routinely
pay individual Indians much less than they pay non-
Indians for oil and gas pipeline easements;
(B) the Special Master had uncovered evidence that
the Department fails to diligently monitor oil and gas
leasing activities on Indian land; and
(C) there is evidence that the Department has been
putting the interests of private energy companies ahead
of the interests of individual Indian beneficiaries,
notwithstanding their fiduciary obligation to Indian
tribes and Indian beneficiaries; and
(11) the Great Plains, Rocky Mountain, and other regions of
the United States are rich in other trust assets such as
timber, agriculture, mining, and other resources.
(b) Definitions.--In this section:
(1) Balaran letter.--The term ``Balaran letter'' means the
letter dated April 5, 2004, from Special Master Alan L. Balaran
to the Honorable Royce C. Lamberth.
(2) Commission.--The term ``Commission'' means the National
Commission on American Indian Trust Holdings established by
subsection (c).
(3) Department.--The term ``Department'' means the
Department of the Interior.
(c) Establishment of Commission.--There is established the National
Commission on American Indian Trust Holdings.
(d) Membership.--
(1) In general.--The Commission shall be composed of 10
members, of whom--
(A) 2 shall be appointed by the President, 1 of
whom the President shall designate as Chairperson of
the Commission;
(B) 2 shall be appointed by the majority leader of
the Senate;
(C) 2 shall be appointed by the minority leader of
the Senate;
(D) 2 shall be appointed by the Speaker of the
House of Representatives; and
(E) 2 shall be appointed by the minority leader of
the House of Representatives.
(2) Qualifications; initial meeting.--
(A) Nongovernmental appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government or any State or
local government.
(B) Other qualifications.--It is the sense of
Congress that individuals appointed to the Commission
should be prominent United States citizens, with
national recognition and significant depth of
experience in such professions as land and resource
management.
(3) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days after the
date of enactment of this Act.
(4) Quorum.--Six members of the Commission shall constitute
a quorum.
(5) Vacancies.--Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in the
same manner in which the original appointment was made.
(e) Duties.--
(1) In general.--The Commission shall--
(A) fully examine the allegations made in the
Balaran letter;
(B) fully examine whether grazing, leasing, and
other trust asset interests have been managed equitably
and in a manner consistent with Federal trust law
(including regulations);
(C) fully examine such other alleged breaches of
the fiduciary responsibility owed by the United States
to Indian tribes and individual Indians that come to
the Commission's attention as the Commission considers
appropriate;
(D) build on the investigations of other entities,
and avoid unnecessary duplication, by reviewing the
findings, conclusions, and recommendations of earlier
studies of the management by the Department of Indian
trust assets and trust funds; and
(E) not later than 1 year after the date as of
which all members of the Commission have been
appointed, submit to the President and Congress a
report that states the findings of the Commission and
makes recommendations for corrective measures that can
be taken to--
(i) recoup any losses suffered by Indian
tribes or individual Indians as a result of
breaches of fiduciary duty by the Department;
or
(ii) prevent any breaches of fiduciary duty
in the future.
(2) Relationship to previous studies.--When investigating
facts and circumstances relating to the management of Indian
trust assets and trust funds, the Commission shall--
(A) first review the information compiled by, and
the findings, conclusions, and recommendations that
resulted from, previous studies (including
congressional investigations); and
(B) after that review, pursue any appropriate area
of inquiry if the Commission determines that--
(i) earlier studies had not investigated
that area;
(ii) the earlier investigation of that area
had not been complete; or
(iii) new information not reviewed in the
earlier studies had become available with
respect to that area.
(3) Followup review.--At least once every 2 years after the
date on which the Commission submits the report under paragraph
(1), the Commission shall--
(A) reconvene to examine the effectiveness of any
actions taken in response to the report in achieving
the goals described in clauses (i) and (ii) of
paragraph (1)(D); and
(B) submit to the President and Congress a report
that describes the findings of the Commission and makes
any further recommendations as the Commission considers
appropriate.
(f) Powers of Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission may--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, and administer such
oaths as the Commission considers advisable to
carry out this section; and
(ii) subject to subparagraph (B)(i),
require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(B) Subpoenas.--
(i) Issuance.--
(I) In general.--A subpoena may be
issued under this subsection only--
(aa) by the agreement of
the Chairperson; or
(bb) by the affirmative
vote of 6 members of the
Commission.
(II) Signature.--Subject to
subclause (I), subpoenas issued under
this subsection may be issued under the
signature of the Chairperson or any
member designated by a majority of the
Commission, and may be served by any
person designated by the Chairperson or
by a member designated by a majority of
the Commission.
(ii) Enforcement.--
(I) In general.--In the case of
contumacy or failure to obey a subpoena
issued under subparagraph (A), the
United States district court for the
judicial district in which the
subpoenaed person resides, is served,
or may be found, or where the subpoena
is returnable, may issue an order
requiring such person to appear at any
designated place to testify or to
produce documentary or other evidence.
Any failure to obey the order of the
court may be punished by the court as a
contempt of that court.
(II) Additional enforcement.--In
the case of any failure of any witness
to comply with any subpoena or to
testify when summoned under authority
of this section, the Commission may, by majority vote, certify a
statement of fact constituting such failure to the appropriate United
States attorney, who may bring the matter before the grand jury for its
action, under the same statutory authority and procedures as if the
United States attorney had received a certification under sections 102
through 104 of the Revised Statutes (2 U.S.C. 192 through 194).
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in Acts of appropriation, enter
into contracts to enable the Commission to discharge the duties
of the Commission.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers necessary to carry out this
section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency
shall provide the information to the Commission.
(4) Assistance from the secretary of the interior.--The
Secretary of the Interior shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the functions of the Commission.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the United States.
(g) Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Commission
may fix the compensation of the executive
director and other personnel without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Commission without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(h) No Effect on Cobell Case.--Nothing in this section limits the
findings, remedies, jurisdiction, authority, or discretion of the court
in the civil action Cobell v. Norton, Civ. No. 96-1285 (RCL) (D.D.C.).
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(j) Termination of Commission.--The Commission shall terminate on
the date that is 10 years after the date on which the Commission
submits the report of the Commission under subsection (e)(1)(D). | Establishes the National Commission on American Indian Trust Holdings to fully examine: (1) the allegations made in the letter dated April 5, 2004, from Special Master Alan L. Balaran to the Honorable Royce C. Lamberth; (2) whether grazing, leasing, and other trust asset interests have been managed equitably and in a manner consistent with Federal trust law (including regulations); and (3) such other alleged breaches of the fiduciary responsibility owed by the United States to Indian tribes and individual Indians that come to the Commission's attention.
Requires the Commission to: (1) build on the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of earlier studies of the management by the Department of Interior of Indian trust assets and trust funds; and (2) report to the President and Congress its findings and recommendations for corrective measures that can be taken to recoup any losses suffered by Indian tribes or individual Indians as a result of breaches of fiduciary duty by the Department or to prevent any breaches of fiduciary duty in the future. | {"src": "billsum_train", "title": "A bill to establish a National Commission on American Indian Trust Holdings."} | 2,965 | 237 | 0.673819 | 2.341459 | 0.840467 | 6.1875 | 13.120192 | 0.985577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price Gouging Act of 2007''.
SEC. 2. FUEL PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.
(a) In General.--The Federal Trade Commission Act (15 U.S.C. 41 et
seq.) is amended by inserting after section 24 (15 U.S.C. 57b-5) the
following:
``SEC. 24A. PROTECTION FROM FUEL PRICE GOUGING FOLLOWING MAJOR
DISASTERS.
``(a) Definitions.--In this section:
``(1) Affected area.--The term `affected area' means an
area affected by a major disaster declared by the President
under Federal law in effect on the date of the enactment of
this section.
``(2) Price gouging.--The term `price gouging' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
``(3) Supplier.--The term `supplier' means any person that
sells gasoline or diesel fuel for resale or ultimate
consumption.
``(4) Unconscionably excessive price.--The term
`unconscionably excessive price' means a price charged in an
affected area for gasoline or diesel fuel that--
``(A) represents a gross disparity, as determined
by the Commission in accordance with subsection (e),
between the price charged for gasoline or diesel fuel
and the average price of gasoline or diesel fuel
charged by suppliers in the affected area during the
30-day period ending on the date the President declares
the existence of a major disaster; and
``(B) is not attributable to increased wholesale or
operational costs incurred by the supplier in
connection with the sale of gasoline or diesel fuel.
``(b) Determination of the Commission.--As soon as practicable
after the President declares a major disaster, the Commission shall--
``(1) consult with the Attorney General, the United States
Attorney for the district in which the disaster occurred, and
State and local law enforcement officials to determine whether
any supplier in the affected area is charging or has charged an
unconscionably excessive price for gasoline or diesel fuel
provided in the affected area; and
``(2) establish within the Commission--
``(A) a toll-free hotline that a consumer may call
to report an incidence of price gouging in the affected
area; and
``(B) a program to develop and distribute to the
public informational materials in English and Spanish
to consumers in the affected area on detecting and
avoiding price gouging.
``(c) Price Gouging Involving Disaster Victims.--
``(1) Offense.--During the 180-day period beginning on the
date on which a major disaster is declared by the President, it
shall be unlawful for a supplier to sell, or offer to sell,
gasoline or diesel fuel in an affected area at an
unconscionably excessive price.
``(2) Action by commission.--
``(A) In general.--During the period described in
paragraph (1), the Commission shall conduct
investigations of complaints by consumers of price
gouging by suppliers in an affected area.
``(B) Positive determination.--If the Commission
determines under subparagraph (A) that a supplier is in
violation of paragraph (1), the Commission shall take
any action the Commission determines to be appropriate
to remedy the violation.
``(3) Civil penalties.--A supplier who commits a violation
described in paragraph (1) may, in a civil action brought in a
court of competent jurisdiction, be subject to--
``(A) a civil penalty of not more than $500,000;
``(B) an order to pay special and punitive damages;
``(C) an order to pay reasonable attorney's fees;
``(D) an order to pay costs of litigation relating
to the offense;
``(E) an order for disgorgement of profits earned
as a result of a violation of paragraph (1); and
``(F) any other relief determined by the court to
be appropriate.
``(4) Criminal penalty.--A supplier that knowingly commits
a violation described in paragraph (1) shall be imprisoned not
more than 1 year.
``(5) Action by victims.--A person, Federal agency, State,
or local government that suffers loss or damage as a result of
a violation of paragraph (1) may bring a civil action against a
supplier in any court of competent jurisdiction for
disgorgement, special or punitive damages, injunctive relief,
reasonable attorney's fees, costs of the litigation, and any
other appropriate legal or equitable relief.
``(6) Action by state attorneys general.--An attorney
general of a State, or other authorized State official, may
bring a civil action in the name of the State, on behalf of
persons residing in the State, in any court of competent
jurisdiction for disgorgement, special or punitive damages,
reasonable attorney's fees, costs of litigation, and any other
appropriate legal or equitable relief.
``(7) No preemption.--Nothing in this section preempts any
State law.
``(d) Report.--Not later than 1 year after the date of the
enactment of this section, and annually thereafter, the Commission
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the following:
``(1) The number of price gouging complaints received by
the Commission for each major disaster declared by the
President during the preceding year.
``(2) The number of price gouging investigations of the
Commission initiated, in progress, and completed as of the date
on which the report is prepared.
``(3) The number of enforcement actions of the Commission
initiated, in progress, and completed as of the date on which
the report is prepared.
``(4) An evaluation of the effectiveness of the toll-free
hotline and program established under subsection (b)(2).
``(5) Recommendations for any additional action with
respect to the implementation or effectiveness of this section.
``(e) Definition of Gross Disparity.--Not later than 180 days after
the date of the enactment of this subsection, the Commission shall
promulgate regulations to define the term `gross disparity' for
purposes of this section.''.
(b) Effect of Section.--Nothing in this section, or the amendment
made by this section, affects the authority of the Federal Trade
Commission in effect on the date of the enactment of this Act with
respect to price gouging. | Price Gouging Act of 2007 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC), after the President declares a major disaster, to: (1) consult with the Attorney General, the U.S. Attorney for that area, and state and local law enforcement officials to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel; (2) establish a toll-free hotline for a consumer to report price gouging; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist consumers in detecting and avoiding price gouging.
Makes it unlawful to charge unconscionably excessive prices for any gasoline or diesel fuel during the 180-day period after the President declares a major disaster.
Requires the FTC, if it determines a supplier is in violation, to take any action it determines appropriate to remedy the violation. Authorizes civil penalties. Requires imprisonment for knowing violations.
Authorizes victims and any state attorney general to bring a civil action against violators of this Act. | {"src": "billsum_train", "title": "A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters."} | 1,487 | 241 | 0.644748 | 1.883215 | 0.913958 | 3.685 | 6.74 | 0.895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel Accountability
and Reform Act of 1993''.
SEC. 2. EXTENSION.
Section 599 of title 28, United States Code, is amended by striking
``Reauthorization Act of 1987'' and inserting ``Act of 1993''.
SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator, or any Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator or such a Representative, Delegate, or
Resident Commissioner within the 2-year period before the
receipt of the information under subsection (a) with respect to
conduct that occurred while such person was a Senator or such a
Representative, Delegate, or Resident Commissioner.''.
SEC. 4. BASIS FOR PRELIMINARY INVESTIGATION.
(a) Initial Receipt of Information.--Section 591 of title 28,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``information'' and inserting
``specific information from a credible source that
is''; and
(B) by striking ``may have'' and inserting ``has'';
(2) in subsection (c)(1)--
(A) by striking ``information'' and inserting
``specific information from a credible source that
is''; and
(B) by striking ``may have'' and inserting ``has'';
and
(3) by amending subsection (d) to read as follows:
``(d) Time Period for Determining Need for Preliminary
Investigation.--The Attorney General shall determine, under subsection
(a) or (c) (or section 592(c)(2)), whether grounds to investigate exist
not later than 15 days after the information is first received. If
within that 15-day period the Attorney General determines that there is
insufficient evidence of a violation of Federal criminal law referred
to in subsection (a), then the Attorney General shall close the matter.
If within that 15-day period the Attorney General determines there is
sufficient evidence of such a violation, the Attorney General shall,
upon making that determination, commence a preliminary investigation
with respect to that information. If the Attorney General is unable to
determine, within that 15-day period, whether there is sufficient
evidence of such a violation, the Attorney General shall, at the end of
that 15-day period, commence a preliminary investigation with respect
to that information.''.
(b) Receipt of Additional Information.--Section 592(c)(2) of title
28, United States Code, is amended by striking ``information'' and
inserting ``specific information from a credible source that is''.
SEC. 5. SUBPOENA POWER.
Section 592(a)(2) of title 28, United States Code, is amended by
striking ``grant immunity, or issue subpoenas'' and inserting ``or
grant immunity, but may issue subpoenas duces tecum''.
SEC. 6. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL.
(a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``define'' and inserting ``, with
specificity, define''; and
(B) by adding at the end the following: ``Such
jurisdiction shall be limited to the alleged violations
of criminal law with respect to which the Attorney
General has requested the appointment of the
independent counsel, and matters directly related to
such criminal violations.''; and
(2) by amending paragraph (3) to read as follows:
``(3) Scope of prosecutorial jurisdiction.--In defining the
independent counsel's prosecutorial jurisdiction, the division
of the court shall assure that the independent counsel has
adequate authority to fully investigate and prosecute the
alleged violations of criminal law with respect to which the
Attorney General has requested the appointment of the
independent counsel, and matters directly related to such
criminal violations, including perjury, obstruction of justice,
destruction of evidence, and intimidation of witnesses.''.
(b) Conforming Amendment.--Section 592(d) of title 28, United
States Code, is amended by striking ``subject matter and all matters
related to that subject matter'' and inserting ``the alleged violations
of criminal law with respect to which the application is made, and
matters directly related to such criminal violations''.
SEC. 7. USE OF STATE AND LOCAL PROSECUTORS; STAFF OF INDEPENDENT
COUNSEL.
(a) Prosecutors As Independent Counsel.--Section 593(b)(1) of title
28, United States Code, as amended by section 7 of this Act, is further
amended by adding at the end the following: ``The division of the court
should strongly consider exercising the authority of section 3372 of
title 5 so that it may appoint as independent counsel prosecutors from
State or local governments, and the division of the court may exercise
the authorities of such section 3372 for such purpose to the same
extent as the head of a Federal agency.''.
(b) Staff of Independent Counsel.--Section 594(c) of title 28,
United States Code, is amended by striking the last sentence and
inserting the following: ``Not more than 2 such employees may be
compensated at a rate not to exceed the rate of basic pay payable for
level V of the Executive schedule under section 5316 of title 5, and
all other such employees shall be compensated at rates not to exceed
the maximum rate of basic pay payable for GS-15 of the General Schedule
under section 5332 of title 5. The independent counsel should, to the
greatest extent possible, use personnel of the Department of Justice,
on a reimbursable basis, in lieu of appointing employees, to carry out
the duties of such independent counsel. The independent counsel should
also strongly consider exercising the authority of section 3372 of
title 5 so that he or she may appoint as employees under this
subsection prosecutors of State or local governments. In order to carry
out the preceding sentence, each independent counsel shall, for
purposes of such section 3372, be considered to be the head of a
Federal agency.''.
SEC. 8. ATTORNEYS' FEES.
Section 593(f)(1) of title 28, United States Code, is amended in
the first sentence--
(1) by striking ``the court may'' and inserting ``the court
shall'';
(2) by inserting after ``pursuant to that investigation,''
the following: ``if such individual is acquitted of all
charges, or no conviction is obtained against such individual,
at a trial brought pursuant to that investigation, or if the
conviction of such individual at such a trial is overturned on
appeal,''; and
(3) by inserting ``, trial, and appeal (if any)'' after
``during that investigation''.
SEC. 9. TREATMENT OF CLASSIFIED INFORMATION.
Section 594(a) of title 28, United States Code, is amended by
adding at the end the following:
``An independent counsel appointed under this chapter who gains access
to classified information shall follow all procedures established by
the United States Government regarding the maintenance, use, and
disclosure of such information. The failure to follow such procedures
shall be grounds for removal for good cause under section 596(a)(1), in
addition to any penalty provided in section 798 of title 18 or any
other law that may apply.''.
SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.
Section 594(b) of title 28, United States Code, is amended to read
as follows:
``(b) Compensation.--
``(1) In general.--Except as provided in paragraph (2), an
independent counsel appointed under this chapter shall receive
compensation at the per diem rate equal to the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5.
``(2) Travel and lodging in washington.--An independent
counsel and persons appointed under subsection (c) shall not be
entitled to the payment of travel and subsistence expenses
under subchapter 1 of chapter 57 of title 5, with respect to
duties performed in the District of Columbia after 1 year of
service under this chapter.''.
SEC. 11. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.
(a) Administrative Support.--Section 594 of title 28, United States
Code, is amended by adding at the end the following new subsection:
``(l) Administrative Services.--
``(1) Administrative support.--The Administrator of General
Services shall provide administrative support to each
independent counsel.
``(2) Office space.--The Administrator of General Services
shall promptly provide appropriate office space for each
independent counsel. Such office space shall be within a
Federal building unless the Administrator of General Services
determines that other arrangements would cost less.''.
(b) Compliance With Policies of the Department of Justice.--Section
594(f) of title 28, United States Code, is amended--
(1) by striking ``, except where not possible,'' and
inserting ``at all times''; and
(2) by striking ``enforcement of the criminal laws'' and
inserting ``the enforcement of criminal laws and the release of
information relating to criminal proceedings''.
(c) Limitation on Expenditures.--Section 594 of title 28, United
States Code, is amended by adding at the end the following:
``(m) Limitation on Expenditures.--No funds may be expended for the
operation of any office of independent counsel after the end of the 2-
year period after its establishment, except to the extent that an
appropriations Act enacted after such establishment specifically makes
available funds for such office for use after the end of that 2-year
period.''.
SEC. 12. PERIODIC REPORTS.
Section 595(a)(2) of title 28, United States Code, is amended by
striking ``such statements'' and all that follows through
``appropriate'' and inserting ``annually a report on the activities of
such independent counsel, including a description of the progress of
any investigation or prosecution conducted by such independent counsel.
Such report need not contain information which would--
``(A) compromise or undermine the confidentiality
of an ongoing investigation under this chapter,
``(B) adversely affect the outcome of any
prosecution under this chapter, or
``(C) violate the personal privacy of any
individual,
but shall provide information adequate to justify the
expenditures which the office of that independent counsel has
made, and indicate in general terms the state of the work of
the independent counsel''.
SEC. 13. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF
INDEPENDENT COUNSEL.
(a) Grounds for Removal.--Section 596(a)(1) of title 28, United
States Code, is amended by adding at the end the following: ``Failure
of the independent counsel to comply with the established policies of
the Department of Justice as required by section 594(f) or to comply
with section 594(j) may be grounds for removing that independent
counsel from office for good cause under this subsection.''.
(b) Termination.--Section 596(b)(2) of title 28, United States
Code, is amended to read as follows:
``(2) Termination by division of the court.--The division
of the court may terminate an office of independent counsel at
any time--
``(A) on its own motion,
``(B) upon the request of the Attorney General, or
``(C) upon the petition of the subject of an
investigation conducted by such independent counsel, if
the petition is made more than 2 years after the
appointment of such independent counsel,
on the ground that the investigation conducted by the
independent counsel has been completed or substantially
completed and that it would be appropriate for the Department
of Justice to complete such investigation or to conduct any
prosecution brought pursuant to such investigation, or on the
ground that continuation of the investigation or prosecution
conducted by the independent counsel is not in the public
interest.''.
(c) Periodic Reappointment.--Section 596 of title 28, United States
Code, is amended by adding at the end the following:
``(d) Periodic Reappointment of Independent Counsel.--If an office
of independent counsel has not terminated before--
``(1) the date that is 2 years after the original
appointment to that office, or
``(2) the end of each succeeding 2-year period,
such counsel shall apply to the division of the court for
reappointment. The court shall first determine whether the office of
that independent counsel should be terminated under subsection (b)(2).
If the court determines that such office will not be terminated under
such subsection, the court shall reappoint the applicant if the court
determines that such applicant remains the appropriate person to carry
out the duties of the office. If not, the court shall appoint some
other person whom it considers qualified under the standards set forth
in section 593 of this title. If the court has not taken the actions
required by this subsection within 90 days after the end of the
applicable 2-year period, then that office of independent counsel shall
terminate at the end of that 90-day period.''.
SEC. 14. JOB PROTECTIONS FOR INDIVIDUALS UNDER INVESTIGATION.
(a) In General.--Section 597 of title 28, United States Code, is
amended--
(1) by amending the section caption to read as follows:
``Sec. 597. Relationship with Department of Justice; job protection for
individuals under investigation''; and
(2) by adding at the end the following:
``(c) Job Protection for Individuals Under Investigation.--
``(1) Prohibited personnel practice.--It shall be a
prohibited personnel practice for an employee of the United
States Government who has authority to take, direct others to
take, recommend, or approve any personnel action (as defined in
section 2302(a)(2)(A) of title 5) with respect to an individual
described in paragraph (2) who is the subject of an
investigation or prosecution under this chapter, to take or
fail to take, or threaten to take or fail to take, such a
personnel action with respect to such individual, on account of
such investigation or prosecution.
``(2) Applicability.--The individuals referred to in
paragraph (1) are individuals other than--
``(A) any person described in section 591(a); and
``(B) any employee of the Federal Government whose
position is excepted from the competitive service on
the basis of its confidential, policy-determining,
policy-making, or policy-advocating character.
``(3) Exemption.--Paragraph (1) does not apply in the case
of an individual who is convicted of a criminal offense
pursuant to an investigation or prosecution described in
paragraph (1), unless such conviction is overturned on appeal.
``(4) Remedies.--An individual with respect to whom a
prohibited personnel practice applies under paragraph (1) may
seek corrective action from the Merit Systems Protection Board
to the same extent as an employee may seek corrective action
under section 1221 of title 5 (including subsection (h) of such
section), except that, for purposes of such section, any
reference to section 2302(b)(8) of title 5 shall be deemed to
refer to paragraph (1) of this subsection, and any reference to
a disclosure under such section 2302(b)(8) shall be deemed to
refer to an investigation or prosecution described in paragraph
(1) of this subsection.''.
(b) Conforming Amendment.--The item relating to section 597 in the
table of sections at the beginning of chapter 40 of title 28, United
States Code, is amended to read as follows:
``597. Relationship with Department of Justice; job protection for
individuals under investigation.''.
SEC. 15. EFFECT OF TERMINATION OF CHAPTER.
Section 599 of title 28, United States Code, is amended by
inserting ``, or until 120 days have elapsed, whichever is earlier''
after ``completed''.
SEC. 16. GAO REPORT.
The Comptroller General of the United States shall submit to the
Congress, not later than 1 year after the date of the enactment of this
Act, a report setting forth recommendations of ways to improve controls
on costs of offices of independent counsel under chapter 40 of title
28, United States Code. | Independent Counsel Accountability and Reform Act of 1993 - Amends the Federal judicial code to reauthorize the independent counsel statute (the Act). Makes the Act applicable to Members of Congress.
Revises the Act to: (1) require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the Act has violated specified Federal criminal laws; and (2) permit the Attorney General to issue subpoenas.
Requires the division of the court that appoints an independent counsel to: (1) define with specificity the independent counsel's prosecutorial jurisdiction; (2) assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment and matters directly related to such criminal violations; and (3) strongly consider appointing independent counsel prosecutors from State or local governments.
Revises provisions regarding compensation of staff of an independent counsel. Directs the independent counsel, to the greatest extent possible, to use personnel of the Department of Justice (DOJ) on a reimbursable basis in lieu of appointing employees.
Directs (currently, authorizes) the division to award reimbursement for attorney's fees upon the request of an individual who is the subject of an investigation conducted by an independent counsel if no indictment is brought against such individual pursuant to that investigation (as under current law), if such individual is acquitted of all charges, if no conviction is obtained against such individual, or if the conviction of such individual is overturned on appeal.
Establishes or revises provisions regarding: (1) treatment of classified information by, per diem expenses of, administrative support for, compliance with DOJ policies by, limitations on expenditures of, periodic reports on activities of, and the removal, termination, and periodic reappointment of, an independent counsel; and (2) job protections for individuals under investigation.
Directs the Comptroller General of the United States to report to the Congress with recommendations of ways to improve controls on costs of offices of independent counsel. | {"src": "billsum_train", "title": "Independent Counsel Accountability and Reform Act of 1993"} | 3,765 | 449 | 0.507622 | 1.631897 | 0.798824 | 3.507576 | 8.674242 | 0.911616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Veteran Academic Counseling
Enhancement Act'' or the ``Student Veteran ACE Act''.
SEC. 2. EDUCATIONAL COUNSELING FOR VETERANS.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 3698. Educational counseling
``(a) Provision of Counseling.--(1) The Secretary shall make
available educational counseling under this section to covered students
in accordance with paragraph (4).
``(2) An institution offering a program of education may only be
approved for purposes of this chapter if such institution transmits to
the Secretary information necessary for the Secretary to provide
educational counseling under this section, including information
relating to matriculation requirements, degree information, and
enrollment requirements and deadlines.
``(3) In carrying out paragraph (1), the Secretary shall--
``(A) assign one educational counselor per each 100 covered
students in a geographical area as determined by the Secretary;
and
``(B) provide covered students who are located in remote
areas that are not within a geographical area determined under
subparagraph (A) with adequate opportunities to receive
counseling under this section.
``(4)(A) A covered student who is a veteran shall automatically
receive educational counseling under this section unless the student
declines to receive such counseling pursuant to subparagraph (C).
``(B) A covered student who is not a veteran may elect to receive
educational counseling under this section.
``(C) The Secretary shall ensure that a covered student may decline
or elect to receive educational counseling under this section pursuant
to subparagraph (A) or (B), as the case may be, through a streamlined
process on the Internet Web site of the Department.
``(b) Scope of Counseling.--In providing educational counseling
under this section to covered students enrolled in an institution, an
educational counselor shall--
``(1) answer inquiries by such students regarding
educational assistance provided by the Department;
``(2) coordinate with the institution to resolve inquiries
described by paragraph (1), including inquiries regarding the
payment of such assistance;
``(3) assist such students with applications for such
assistance;
``(4) act as a liaison between the Department and the
institution;
``(5) provide academic counseling and transition
assistance, including--
``(A) discussing course work, academic goals,
degree progress, workload, and other relevant topics;
and
``(B) providing guidance on--
``(i) selecting courses;
``(ii) seeking--
``(I) additional financial
resources;
``(II) student support services;
``(III) tutoring; and
``(IV) job placement counseling;
and
``(iii) understanding benefits provided by
the Department and the requirements for
receiving educational assistance provided by
the Department; and
``(6) carry out relevant outreach activities.
``(c) Location of Counselors.--(1) An educational counselor may be
located--
``(A) on the campus or facility of an institution that
elects to allow such counselor to be located at the
institution; or
``(B) at a facility of the Department, including a Vet
Center established under section 1712A of this title or a
mobile Vet Center.
``(2) The Secretary shall ensure that an educational counselor is
able to provide counseling to covered students through the use of
interactive technology, including video conferencing using common
Internet applications.
``(d) Preference.--In hiring educational counselors under this
section, the Secretary shall apply the principles of preference for the
hiring of veterans established in subchapter I of chapter 33 of title
5.
``(e) Periodic Counseling Sessions.--(1) Except as provided by
paragraph (3), each covered student assigned an educational counselor
under this section shall attend at least one counseling session per
quarter, semester, or term, as the case may be, with such counselor.
``(2) Except as provided by paragraph (3), an educational counselor
shall notify the Secretary and the relevant institution of any covered
student who does not attend a counseling session under paragraph (1).
``(3)(A) The Secretary may waive the periodic counseling sessions
under paragraph (1) for a covered student if the Secretary determines
that such sessions would place an undue hardship on the student.
``(B) Paragraph (1) and (2) shall not apply to a covered student
who declines to receive educational counseling under this section
pursuant to subsection (a)(4)(A).
``(f) Annual Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and the House of Representatives an
annual report on the educational counseling provided under this
section, including the following information listed by each
institution:
``(1) The number of covered students who received such
counseling during the year covered by the report.
``(2) The number of covered students who declined such
counseling under subsection (a)(4) during such year.
``(3) The number of covered students issued a waiver under
subsection (e)(3) during such year.
``(4) For each quarter, semester, or term of the
institution covered by the report, the number of failing grades
earned by covered students receiving such counseling.
``(5) The graduation rate of covered students who received
such counseling as compared to the overall graduation rate of
students during such year.
``(g) Definitions.--In this section:
``(1) The term `covered student' means an individual
pursuing an approved program of education using educational
assistance under chapter 30, 32, 33, or 35 of this title or
chapter 1606 or 1607 of title 10.
``(2) The term `educational counselor' means an employee of
the Department who provides educational counseling under this
section.
``(3) The term `institution' means an institution that
offers an approved program of education.
``(4) The term `approved program of education' means a
program of education that may be pursued using educational
assistance under chapter 30, 32, 33, or 35 of this title or
chapter 1606 or 1607 of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
3697A the following new item:
``3698. Educational counseling.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
(d) Use of Current Programs.--The Secretary of Veterans Affairs
may--
(1) use a current program of the Department of Veterans
Affairs as of the date of the enactment of this Act, including
the VetSuccess on Campus program, to carry out section 3698 of
title 38, United States Code, as added by subsection (a), if
the Secretary determines such program meets the requirements of
such section; or
(2) expand such a current program to carry out such section
3698.
(e) Cooperation and Consultation.--The Secretary of Veterans
Affairs shall consult and cooperate with the Secretary of Defense, the
Secretary of Education, and any other appropriate head of a Federal
department or agency in carrying out the amendments made by this Act.
SEC. 3. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF THE ARMED
FORCES CAN MAKE INFORMED DECISIONS ABOUT EDUCATION.
(a) In General.--Chapter 36 of title 38, United States Code, is
further amended by adding after section 3698, as added by section 2(a),
the following new section:
``Sec. 3699. Required one-on-one educational counseling
``(a) Provision of Counseling Required.--(1) The Secretary of
Veterans Affairs shall provide individualized, one-on-one educational
counseling to an individual considering pursuing a program of education
with assistance furnished under this chapter or any of chapters 30
through 35 of this title unless the individual declines to receive such
counseling. The Secretary shall ensure that an individual may decline
to receive such counseling through a streamlined process on the
Internet Web site of the Department of Veterans Affairs.
``(2) The Secretary of Defense shall provide individualized, one-
on-one educational counseling to an individual considering pursuing a
program of education with assistance furnished under chapter 106A or
1606 of title 10 unless the individual declines to receive such
counseling. The Secretary shall ensure that an individual may decline
to receive such counseling through a streamlined process on the
Internet Web site of the Department of Defense.
``(b) Time and Manner of Counseling.--(1) Counseling provided under
subsection (a) to an individual described in such subsection
considering a program of education shall be provided at or before the
individual enrolls in such program as follows:
``(A) To such individuals who have received fewer than \1/
3\ of the credits necessary to complete the program of
education, a complete version of such counseling.
``(B) To such individuals who have received \1/3\ or more
of the credits necessary to complete the program of education,
a condensed version of such counseling as the Secretary of
Veterans Affairs or the Secretary of Defense, as the case may
be, considers appropriate.
``(2) To the extent practicable, counseling provided under
subsection (a) to an individual described in paragraph (1)(A) of this
subsection shall be provided in person.
``(3) The Secretary of Veterans Affairs and the Secretary of
Defense shall each establish, by regulation, procedures by which
individuals may receive counseling provided under subsection (a) when
receipt of such counseling in person is not practicable.
``(c) Elements.--A complete version of counseling provided under
subsection (b)(1) for an individual shall include the following:
``(1) An overview of educational assistance available to
the individual under this chapter and chapters 30 through 35 of
this title or under chapters 106A and 1606 of title 10, as the
case may be.
``(2) Development of a personalized academic and career
plan.
``(3) An overview of the information disclosed and made
readily available under section 3672(f)(1) of this title
relevant to the academic and career plan developed under
paragraph (2).
``(4) A discussion of how enrollment in the program of
education at the educational institution will affect the
individual's academic and career plan and the financial
implications for such individual of such enrollment.
``(5) An introduction to the College Navigator Internet Web
site of the Department of Education.
``(d) Qualified Counselors.--Counseling provided under subsection
(a) may only be provided by properly trained counselors, as determined
by the Secretary of Veterans Affairs and the Secretary of Defense.
``(e) Use of Information Disclosed by Educational Institutions.--In
providing educational assistance under this section, the Secretary of
Veterans Affairs and the Secretary of Defense shall, to the degree
practicable, use the information disclosed and made readily available
under section 3672(f)(1) of this title.
``(f) Links to College Navigator Internet Web Site of Department of
Education.--The Secretary of Veterans Affairs and the Secretary of
Defense shall provide links on the Internet Web sites of the Department
of Veterans Affairs of the Department of Defense, respectively, to the
College Navigator Internet Web site of the Department of Education in
such a manner as the Secretary of Veterans Affairs and the Secretary of
Defense consider appropriate to inform veterans and members of the
Armed Forces of the availability of and the benefits of using the
College Navigator Internet Web site.''.
(b) Clerical Amendment.--The table of sections for chapter 36 of
such title, as amended by section 2(b), is amended by adding at the end
the following new item:
``3699. Required one-on-one educational counseling.''.
(c) Clarification.--
(1) Heading of section 3697a of title 38.--Section 3697A of
such title is amended, in the heading, by adding ``by
election'' at the end.
(2) Table of sections.--The table of sections for chapter
36 of such title is amended by amending the item relating to
section 3697A to read as follows:
``3697A. Educational and vocational counseling by election.''.
(d) Effective Date.--Section 3697B of such title, as added by
paragraph (1), shall take effect on August 1, 2013, and shall apply
with respect to individuals considering pursuing programs of education
as described in subsection (a) of such section after such date.
SEC. 4. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND
VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS
AFFAIRS.
Section 3697 of title 38, United States Code, is amended--
(1) by striking subsection (b);
(2) in subsection (a), by striking ``(a) Subject to
subsection (b) of this section, educational'' and inserting
``Educational''; and
(3) by striking ``section 3697A'' and inserting ``sections
3697A, 3698, or 3699''.
SEC. 5. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM.
(a) In General.--Chapter 36 of title 38, United States Code, is
further amended by inserting after section 3693 the following new
section:
``Sec. 3693A. Complaint tracking system
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish a system to
collect, process, and track complaints submitted to the Secretary by
individuals who are enrolled in programs of education at educational
institutions to report instances of fraud, waste, and abuse by such
institutions with respect to the benefits and services provided by such
institutions to such individuals.
``(b) Requirements.--This system established under subsection (a)
shall meet the following requirements:
``(1) The system shall create an individual case number for
each complaint processed and tracked in the system.
``(2) The system shall allow for the reporting of
complaints, disaggregated by educational institution.
``(3) The system shall allow for the reporting of
complaints, disaggregated by topic or subject matter.
``(4) The system shall allow for the submittal of
complaints by--
``(A) Internet Web site; and
``(B) telephone via a toll-free number that is
available every day at all hours.
``(5) The system shall allow for the sharing of complaints
with the following:
``(A) The educational institutions that are the
subjects of the complaints.
``(B) The Secretary of Education.
``(C) The Secretary of Defense.
``(D) State approving agencies.
``(E) Nationally or regionally recognized
accrediting agencies and associations.
``(F) Such other Federal agencies as the Secretary
of Veterans Affairs considers appropriate.
``(c) Outreach.--The Secretary shall conduct such outreach as may
be necessary to inform individuals described in subsection (a) of the
system and process established under such subsection.
``(d) Consideration by State Approving Agencies.--Whenever a State
approving agency considers whether to approve a course of education of
an educational institution under this chapter, the State approving
agency shall review and take into consideration the complaints
processed and tracked by the system established under subsection (a)
regarding the educational institution.
``(e) Privacy.--(1) Whenever a complaint is shared under subsection
(b)(5), the complaint shall be anonymized, unless the complainant gives
permission to the Secretary to share the complainant's identity.
``(2) The Secretary may not share a complaint under subsection
(b)(5) with an educational institution if the complainant requests that
such complaint not be shared with an educational institution.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 36 of such title is amended by inserting after the item
relating to section 3693 the following new item:
``3693A. Complaint tracking system.''. | Student Veteran Academic Counseling Enhancement Act or Student Veteran ACE Act - Directs the Secretary of Veterans Affairs (Secretary) to make educational counseling available to students pursuing an approved program of education while using educational assistance provided through the Department of Veterans Affairs (VA). Requires the Secretary to: (1) assign one educational counselor per 100 of such students in a geographical area, and (2) provide adequate opportunities for such counseling to such students in remote areas. Requires a student who is a veteran to receive such counseling, unless the student specifically declines, while allowing non-veteran students to elect to receive such counseling. Outlines counselor responsibilities, including assistance with applications for such educational assistance, as well as academic counseling and transition assistance. Requires each student to attend at least one counseling session per quarter, semester, or term, unless such attendance would place an undue hardship on the student. Requires an annual report from the Secretary to the congressional veterans committees on such counseling.
Directs the Secretary and the Secretary of Defense to provide individualized, one-on-one educational counseling to an individual considering pursuing a program of education with assistance furnished through the VA or the Department of Defense (DOD), unless such individual declines. Outlines counseling elements.
Repeals the fiscal year funding limit ($6 million) for VA contract educational and vocational counseling.
Requires the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education and reporting instances of fraud, waste, and abuse by the educational institutions with respect to benefits and services provided. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve educational counseling opportunities for veterans, and for other purposes."} | 3,517 | 348 | 0.681193 | 1.947875 | 0.899083 | 3.511401 | 11.026059 | 0.899023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ponzi Scheme Investor Protection Act
of 2010''.
SEC. 2. ADDITIONAL PROTECTIONS FOR INVESTORS IN PONZI SCHEMES.
(a) In General.--The Securities Investor Protection Act of 1970 (15
U.S.C. 78aaa et seq.) is amended by inserting after section 8 the
following new section:
``SEC. 8A. SPECIAL PROVISIONS RELATED TO PONZI SCHEMES.
``(a) Determination by Trustee.--Promptly after the appointment of
the trustee, such trustee shall determine if the debtor is a Ponzi
scheme. If the trustee determines that the debtor is a Ponzi scheme--
``(1) the trustee shall notify SIPC;
``(2) SIPC shall make such determination publicly
available, including on SIPC's Web site; and
``(3) if the trustee determines that customers invested
more than $1,000,000,000 in such Ponzi scheme, the trustee and
SIPC shall, not later than 30 days after such determination is
made, jointly submit to the Committee on Financial Services of
the House, the Committee on Banking, Housing, and Urban Affairs
of the Senate, and the Secretary of the Treasury a reasonable
expected timeline for the consideration of claims made under
this section.
``(b) Statement of Claim.--
``(1) In general.--An indirect Ponzi scheme investor may,
not later than the end of the 1-year period beginning on the
date SIPC makes a determination publicly available under
subsection (a), file with the trustee a written claim--
``(A) stating the type of securities held by the
Ponzi scheme on behalf of the Ponzi scheme investor on
behalf of the indirect Ponzi scheme investor;
``(B) stating the number of such securities, or in
the case of a pooled investment, the percentage of such
securities;
``(C) stating the amount of any funds invested by
the indirect Ponzi scheme investor with the Ponzi
scheme investor that were invested with the Ponzi
scheme, but for which the indirect Ponzi scheme
investor has not received a statement or other
documentation that would allow the indirect Ponzi
scheme investor to identify in which securities the
Ponzi scheme stated such funds were invested; and
``(D) containing such other information as SIPC may
determine necessary to carry out the provisions of this
section.
``(2) Notice.--At the time an indirect Ponzi scheme
investor makes a claim under paragraph (1), the indirect Ponzi
scheme investor shall also file a copy of the claim with the
appropriate Ponzi scheme investor.
``(c) Coordination With Ponzi Scheme Investor.--To the extent
necessary, the trustee shall coordinate with Ponzi scheme investors to
ensure proper payments to indirect Ponzi scheme investors under this
section.
``(d) Payments to Indirect Ponzi Scheme Investors.--
``(1) In general.--After receipt of a written statement of
claim pursuant to subsection (b), unless the trustee determines
such claim to be fraudulent, the trustee shall, with respect to
the securities that are the subject of such claim, take the
following actions in the following order:
``(A) With respect to a claim relating to
securities of a class and series of an issuer which are
ascertainable from the books and records of the Ponzi
scheme or are otherwise established to the satisfaction
of the trustee, deliver securities of such class and
series to the indirect Ponzi scheme investor if and to
the extent available to satisfy such claims in whole or
in part, with partial deliveries to be made pro rata to
the greatest extent considered practicable by the
trustee.
``(B) Pay the indirect Ponzi scheme investor a cash
amount equal to--
``(i) the value of any securities
identified in the claim and not otherwise
delivered to the indirect Ponzi scheme investor
under subparagraph (A); and
``(ii) the value of any funds identified in
the claim as being invested in the Ponzi scheme
by the Ponzi scheme investor on behalf of the
indirect Ponzi scheme investor, but for which
the indirect Ponzi scheme investor is unable to
identify in which specific securities the Ponzi
scheme stated such funds were invested.
``(2) Maximum amount.--The aggregate amount of the value of
all securities and cash delivered under paragraph (1) may not
exceed, for each indirect Ponzi scheme investor, an amount
equal to--
``(A) $100,000, minus
``(B) the aggregate amount of all cash and
securities invested in the Ponzi scheme by the Ponzi
scheme investor on behalf of the indirect Ponzi scheme
investor that is recovered by the Ponzi scheme investor
from the trustee.
``(3) Advances by sipc.--With respect to payments made
pursuant to this section, the trustee may satisfy claims out of
moneys made available to the trustee by SIPC notwithstanding
the fact that there has not been any showing or determination
that there are sufficient funds of the Ponzi scheme available
to satisfy such claims.
``(4) Waiver.--By accepting any security or cash from the
trustee under this section, the indirect Ponzi scheme investor
agrees to waive the right to sue the Ponzi scheme investor with
respect to such security or with respect to the security that
was the basis for such cash payment.
``(5) Security valuation.--For purposes of this subsection,
the value of a security shall be deemed to be the amount listed
for such security on the last statement the indirect Ponzi
scheme investor received from the Ponzi scheme investor before
the trustee determined the debtor was a Ponzi scheme pursuant
to subsection (a).
``(e) Prohibition on Double Payments.--Securities delivered
pursuant to subsection (d), and securities, or percentages of
securities, which were the basis for cash paid pursuant to subsection
(d), may not be the basis for any other payment by the trustee or SIPC
under this Act.
``(f) Recovery of Funds.--The trustee of a Ponzi scheme may not
seek to recover money, including profits, from any investor in the
Ponzi scheme unless such investor was either complicit or negligent in
their participation in the Ponzi scheme.
``(g) Non-Applicability if Lawsuit Filed.--This section shall not
apply to a claim filed by an indirect Ponzi scheme investor if such
investor has filed a lawsuit against the Ponzi scheme investor, the
Ponzi scheme, or the trustee in connection with the securities that are
the basis of such claim.
``(h) Retroactive Applicability.--With respect to the appointment
of a trustee made before the date of the enactment of this section,
such trustee shall make the determination required under subsection (a)
not later than 30 days after such date of enactment, and only if such
trustee makes a determination that the debtor is a Ponzi scheme and
customers invested more than $1,000,000,000 in the Ponzi scheme.
``(i) Interest Payments.--If the Secretary of the Treasury makes a
determination that claims under this section are not being considered
in accordance with the timeline submitted to the Secretary under
subsection (a)(3), the Secretary may require any future payments made
under this section to be made with interest.
``(j) Rulemaking.--SIPC shall issue regulations to carry out the
provisions of this section.''.
(b) SIPC Authority To Advance Funds.--Section 9 of such Act (15
U.S.C. 78fff-3) is amended by adding at the end the following new
subsection:
``(d) Advances Related to Ponzi Schemes.--SIPC shall advance to the
trustee--
``(1) such moneys as may be required to pay claims made
under section 8A; and
``(2) such moneys as may be required to carry out section
8A.''.
SEC. 3. SIPC FUND ASSESSMENT.
Not later than the end of the 60-day period beginning on the date
of the enactment of this Act, SIPC shall issue regulations to modify
the SIPC Fund assessment levels to ensure they are adequate to cover
the anticipated costs to the SIPC Fund of carrying out the amendments
made by this Act.
SEC. 4. DEFINITIONS.
Section 16 of the Securities Investor Protection Act of 1970 (15
U.S.C. 78lll) is amended by adding at the end the following new
paragraph:
``(15) Definitions related to ponzi schemes.--
``(A) Ponzi scheme.--The term `Ponzi scheme' means
any fraudulent investment operation which is managed in
a manner that provides investors with returns (or
purported returns) derived substantially from
investments made by other investors rather than from
profits.
``(B) Ponzi scheme investor.--The term `Ponzi
scheme investor' means a customer of a debtor, where
the trustee of such debtor has determined the debtor to
be a Ponzi scheme.
``(C) Indirect ponzi scheme investor.--The term
`indirect Ponzi scheme investor' means any person
(including any person with whom the Ponzi scheme
investor deals as principal or agent) who is an
investor in a Ponzi scheme investor and on whose behalf
the Ponzi scheme investor has a claim on account of
securities received, acquired, or held by the Ponzi
scheme in the ordinary course of its business as a
broker or dealer from or for the securities accounts of
such Ponzi scheme investor for safekeeping, with a view
to sale, to cover consummated sales, pursuant to
purchases, as collateral, security, or for purposes of
effecting transfer.''. | Ponzi Scheme Investor Protection Act of 2010 - Amends the Securities Investor Protection Act of 1970 with respect to the duties of a trustee appointed for a Securities and Exchange Commission (SEC)-registered broker or dealer undergoing liquidation.
Instructs the trustee to take specified actions if the trustee determines that the debtor is a Ponzi scheme.
Establishes procedures for an indirect Ponzi scheme investor to file a claim.
Instructs the trustee to: (1) coordinate with Ponzi scheme investors to ensure proper payments to indirect Ponzi scheme investors; and (2) take specified actions to pay indirect Ponzi scheme investors.
Prescribes the maximum aggregate amount of all cash and securities that may be awarded to each indirect Ponzi scheme investor.
Prohibits the trustee of a Ponzi scheme from seeking to recover money and profits from any Ponzi scheme investor unless such investor's participation in the Ponzi scheme was either complicit or negligent.
Requires the Securities Investor Protection Corporation (SIPC) to: (1) advance to the trustee such moneys as may be required to pay claims and implement this Act; and (2) promulgate regulations modifying SIPC Fund assessment levels to ensure they are adequate to cover the anticipated costs of implementing this Act. | {"src": "billsum_train", "title": "To amend the Securities Investor Protection Act of 1970 to provide insurance coverage for certain indirect investors caught in Ponzi schemes, and for other purposes."} | 2,131 | 268 | 0.637274 | 1.946471 | 0.801698 | 3.9163 | 8.506608 | 0.894273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Health Benefits Extension Act
of 2010''.
SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE.
(a) Extension of Current Periods of Continuation Coverage.--
(1) In general.--In the case of any individual who is,
under a COBRA continuation coverage provision, covered under
COBRA continuation coverage on or after the date of the
enactment of this Act, the required period of any such coverage
which has not subsequently terminated under the terms of such
provision for any reason other than the expiration of a period
of a specified number of months shall, notwithstanding such
provision and subject to subsection (b), extend to the earlier
of--
(A) the first date, occurring after the date of the
expiration of a period of months specified as a
terminating event in the applicable continuation
coverage provision, as of which the individual is
eligible for coverage under an employment-based health
plan, or
(B) the date on which such individual becomes
eligible for health insurance coverage through an
American Health Benefit Exchange operating in a State
or group of States under subtitle D of title I of the
Patient Protection and Affordable Care Act.
(2) Notice.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Labor, in consultation
with the Secretary of the Treasury and the Secretary of Health
and Human Services, shall provide rules setting forth the form
and manner in which prompt notice to individuals of the
continued availability of COBRA continuation coverage to such
individuals under paragraph (1).
(3) Enforcement of extended continuation coverage under
state programs.--A State may enforce the provisions of this
section with respect to COBRA continuation coverage provided
under a State program of such State. Nothing in this paragraph
shall be construed to affect or modify section 514 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1144).
(b) Continued Effect of Other Terminating Events.--Notwithstanding
subsection (a), any required period of COBRA continuation coverage
which is extended under such subsection shall terminate upon the
occurrence, prior to the date of termination otherwise provided in such
subsection, of any terminating event specified in the applicable
continuation coverage provision other than the expiration of a period
of a specified number of months.
(c) Access to State High Risk Pools.--This section shall supersede
any provision of the law of a State or political subdivision thereof to
the extent that such provision has the effect of limiting or precluding
access by a qualified beneficiary, whose COBRA continuation coverage
has been extended under this section, to a State high risk pool
established under section 1101 of the Patient Protection and Affordable
Care Act solely by reason of the extension of such coverage beyond the
date on which such coverage otherwise would have expired.
(d) Definitions.--For purposes of this section--
(1) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage provided
pursuant to part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (other than under
section 609), title XXII of the Public Health Service Act,
section 4980B of the Internal Revenue Code of 1986 (other than
subsection (f)(1) of such section insofar as it relates to
pediatric vaccines), or section 905a of title 5, United States
Code, or under a State program that provides comparable
continuation coverage. Such term does not include coverage
under a health flexible spending arrangement under a cafeteria
plan within the meaning of section 125 of the Internal Revenue
Code of 1986.
(2) COBRA continuation provision.--The term ``COBRA
continuation provision'' means the provisions of law described
in paragraph (1).
(3) Employment-based health plan.--The term ``employment-
based health plan''--
(A) means a group health plan (as defined in
section 733(a)(1) of the Employee Retirement Income
Security Act of 1974), excluding coverage consisting of
only dental, vision, counseling, or referral services
(or a combination thereof), coverage under a flexible
spending arrangement (as defined in section 106(c)(2)
of the Internal Revenue Code of 1986), or coverage of
treatment that is furnished in an on-site medical
facility maintained by the employer and that consists
primarily of first-aid services, prevention and
wellness care, or similar care (or a combination
thereof); and
(B) includes such a plan that is the following:
(i) Federal, state, and tribal governmental
plans.--A governmental plan (as defined in
section 3(32) of the Employee Retirement Income
Security Act of 1974), including a health
benefits plan offered under chapter 89 of title
5, United States Code.
(ii) Church plans.--A church plan (as
defined in section 3(33) of the Employee
Retirement Income Security Act of 1974).
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands. | COBRA Health Benefits Extension Act of 2010 - Extends COBRA coverage (health insurance continuation benefits) until the earlier of: (1) the first date in which an individual is eligible for coverage under an employment-based health plan; or (2) the date on which such individual becomes eligible for health insurance coverage through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act (PPACA).
Directs the Secretary of Labor to provide rules setting forth the form and manner in which prompt notice to individuals of such continued coverage shall be made.
Allows a state to enforce the provisions of this Act with respect to COBRA continuation coverage provided under a state program.
Provides that this Act shall: (1) have no effect on termination of continuation coverage for any reason other than expiration of a period of a specified number of months; and (2) supersede any provision of the law of a state or political subdivision that limits or precludes access by a qualified beneficiary, whose COBRA continuation coverage has been extended under this Act, to a state high risk pool established under PPACA solely by reason of such extension. | {"src": "billsum_train", "title": "To provide for extension of COBRA continuation coverage until coverage is available otherwise under either an employment-based health plan or through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act."} | 1,120 | 235 | 0.72809 | 1.97172 | 0.887457 | 4.59447 | 4.78341 | 0.953917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEGLI Living Benefits Act''.
SEC. 2. OPTION TO RECEIVE ``LIVING BENEFITS''.
(a) In General.--Chapter 87 of title 5, United States Code, is
amended by inserting after section 8714c the following:
``Sec. 8714d. Option to receive `living benefits'
``(a) For the purpose of this section, an individual shall be
considered to be `terminally ill' if such individual has a medical
prognosis that such individual's life expectancy is 9 months or less.
``(b) The Office of Personnel Management shall prescribe
regulations under which any individual covered by group life insurance
under section 8704(a) may, if such individual is terminally ill, elect
to receive a lump-sum payment equal to--
``(1) the full amount of insurance under section 8704(a) (or
portion thereof designated for this purpose under subsection
(d)(4)) which would otherwise be payable under this chapter (on the
establishment of a valid claim)--
``(A) computed based on a date determined under regulations
of the Office (but not later than 30 days after the date on
which the individual's application for benefits under this
section is approved or deemed approved under subsection
(d)(3)); and
``(B) assuming continued coverage under this chapter at
that time;
reduced by
``(2) an amount necessary to assure that there is no increase
in the actuarial value of the benefit paid (as determined under
regulations of the Office).
``(c)(1) If a lump-sum payment is taken under this section--
``(A) no insurance under the provisions of section 8704 (a) or
(b) shall be payable based on the death or any loss of the
individual involved, unless the lump-sum payment represents only a
portion of the total benefits which could have been taken, in which
case benefits under those provisions shall remain in effect, except
that the basic insurance amount on which they are based--
``(i) shall be reduced by the percentage which the
designated portion comprised relative to the total benefits
which could have been taken (rounding the result to the nearest
multiple of $1,000 or, if midway between multiples of $1,000,
to the next higher multiple of $1,000); and
``(ii) shall not be subject to further adjustment; and
``(B) deductions and withholdings under section 8707, and
contributions under section 8708, shall be terminated with respect
to such individual (or reduced in a manner consistent with the
percentage reduction in the individual's basic insurance amount, if
applicable), effective with respect to any amounts which would
otherwise become due on or after the date of payment under this
section.
``(2) An individual who takes a lump-sum payment under this section
(whether full or partial) remains eligible for optional benefits under
sections 8714a-8714c (subject to payment of the full cost of those
benefits in accordance with applicable provisions of the section or
sections involved, to the same extent as if no election under this
section had been made).
``(d)(1) The Office's regulations shall include provisions
regarding the form and manner in which an application under this
section shall be made and the procedures in accordance with which any
such application shall be considered.
``(2) An application shall not be considered to be complete unless
it includes such information and supporting evidence as the regulations
require, including certification by an appropriate medical authority as
to the nature of the individual's illness and that the individual is
not expected to live more than 9 months because of that illness.
``(3)(A) In order to ascertain the reliability of any medical
opinion or finding submitted as part of an application under this
section, the covered individual may be required to submit to a medical
examination under the direction of the agency or entity considering the
application. The individual shall not be liable for the costs
associated with any examination required under this subparagraph.
``(B) Any decision by the reviewing agency or entity with respect
to an application for benefits under this section (including one
relating to an individual's medical prognosis) shall not be subject to
administrative review.
``(4)(A) An individual making an election under this section may
designate that only a limited portion (expressed as a multiple of
$1,000) of the total amount otherwise allowable under this section be
paid pursuant to such election.
``(B) A designation under this paragraph may not be made by an
individual described in paragraph (1) or (2) of section 8706(b).
``(5) An election to receive benefits under this section shall be
irrevocable, and not more than one such election may be made by any
individual.
``(6) The regulations shall include provisions to address the
question of how to apply section 8706(b)(3)(B) in the case of an
electing individual who has attained 65 years of age.''.
(b) Table of Sections.--The table of sections for chapter 87 of
title 5, United States Code, is amended by inserting after the item
relating to section 8714c the following:
``8714d. Option to receive `living benefits'.''.
SEC. 3. EFFECTIVE DATE; OPEN SEASON AND NOTICE.
(a) Effective Date.--The amendments made by section 2 shall take
effect 9 months after the date of the enactment of this Act.
(b) Open Season; Notice.--(1) The Office of Personnel Management
shall prescribe regulations under which, beginning not later than 9
months after the date of the enactment of this Act, and over a period
of not less than 8 weeks--
(A) an employee (as defined by section 8701(a) of title 5,
United States Code) who declined or voluntarily terminated coverage
under chapter 87 of such title--
(i) may elect to begin, or to resume, group life insurance
and group accidental death and dismemberment insurance; and
(ii) may make such other elections under such chapter as
the Office may allow; and
(B) such other elections as the Office allows may be made.
(2) The Office shall take such action as may be necessary to ensure
that employees and any other individuals who would be eligible to make
an election under this subsection are afforded advance notification to
that effect.
SEC. 4. FUNDING.
Notwithstanding section 8714(a)(1) of title 5, United States Code,
the Office of Personnel Management shall retain in the Employees' Life
Insurance Fund such portion of premium payments otherwise due as will,
no later than September 30, 1995, permanently reduce the contingency
reserve established under the third sentence of section 8712 of such
title 5 by an amount equal to the amount by which payments from the
Employees' Life Insurance Fund during the fiscal year ending September
30, 1995, exceed the payments that would have been paid had the
amendments made by this Act not been enacted.
SEC. 5. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR INDIVIDUALS
ENROLLED IN A PLAN ADMINISTERED BY THE OFFICE OF THE COMPTROLLER OF THE
CURRENCY OR THE OFFICE OF THRIFT SUPERVISION.
(a) Enrollment in Chapter 89 Plan.--For purposes of the
administration of chapter 89 of title 5, United States Code, any period
of enrollment under a health benefits plan administered by the Office
of the Comptroller of the Currency or the Office of Thrift Supervision
before the termination of such plans on January 7, 1995, shall be
deemed to be a period of enrollment in a health benefits plan under
chapter 89 of such title.
(b) Continued Coverage.--(1) Any individual who, on January 7,
1995, is covered by a health benefits plan administered by the Office
of the Comptroller of the Currency or the Office of Thrift Supervision
may enroll in an approved health benefits plan described under section
8903 or 8903a of title 5, United States Code--
(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as defined
under section 8901 of such title; and
(B) for coverage effective on and after January 8, 1995.
(2) An individual who, on January 7, 1995, is entitled to continued
coverage under a health benefits plan administered by the Office of the
Comptroller of the Currency or the Office of Thrift Supervision--
(A) shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period
that would have been permitted under the plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift
Supervision; and
(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a of such title for coverage effective on and after
January 8, 1995.
(3) An individual who, on January 7, 1995, is covered as an
unmarried dependent child under a health benefits plan administered by
the Office of the Comptroller of the Currency or the Office of Thrift
Supervision and who is not a member of family as defined under section
8901(5) of title 5, United States Code--
(A) shall be deemed to be entitled to continued coverage under
section 8905a of such title as though the individual had, on
January 7, 1995, ceased to meet the requirements for being
considered an unmarried dependent child under chapter 89 of such
title; and
(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a for continued coverage effective on and after January
8, 1995.
(c) Transfers to the Employees Health Benefits Fund.--The Office of
the Comptroller of the Currency and the Office of Thrift Supervision
shall transfer to the Employees Health Benefits Fund established under
section 8909 of title 5, United States Code, amounts determined by the
Director of the Office of Personnel Management, after consultation with
the Office of the Comptroller of the Currency and the Office of Thrift
Supervision, to be necessary to reimburse the Fund for the cost of
providing benefits under this section not otherwise paid for by the
individuals covered by this section. The amounts so transferred shall
be held in the Fund and used by the Office in addition to amounts
available under section 8906(g)(1) of such title.
(d) Administration and Regulations.--The Office of Personnel
Management--
(1) shall administer the provisions of this section to provide
for--
(A) a period of notice and open enrollment for individuals
affected by this section; and
(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
(2) may prescribe regulations to implement this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | FEGLI Living Benefits Act - Provides that a Federal employee enrolled in the Federal Employees Group Life Insurance (FEGLI) Program who has been diagnosed as terminally ill with a life expectancy of nine months or less may elect to receive a lump-sum payment of his or her basic insurance amount, as adjusted actuarially under regulations of the Office of Personnel Management (OPM).
Requires OPM to retain in the Employees Life Insurance Fund the portion of premium payments otherwise due as will, by the end of FY 1995, permanently reduce the contingency reserve by an amount equal to the amount by which payments from the Fund during FY 1995 exceed the payments that would have been paid had this Act not been enacted.
Provides for continuation of health benefits coverage for individuals enrolled in a plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision before the plan's termination on January 7, 1995. Requires transfer of terminated plan funds to the Employees Health Benefit Fund to cover such employees. | {"src": "billsum_train", "title": "FEGLI Living Benefits Act"} | 2,433 | 232 | 0.511309 | 1.468058 | 0.905478 | 4.818653 | 11.720207 | 0.891192 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Partnership for
Academic Success in the States Act'' or the ``PASS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Pilot program required.
Sec. 3. Performance agreements.
Sec. 4. Eligible education grant programs.
Sec. 5. Maintenance of academic performance standards.
Sec. 6. Maintenance of funding levels spent by States on education.
Sec. 7. Permissible uses of funds.
Sec. 8. Allocation of funds within State.
Sec. 9. Administrative expenses.
Sec. 10. Equitable participation of private schools.
Sec. 11. Fiscal responsibilities.
Sec. 12. Annual reports.
Sec. 13. Terms of performance agreements.
Sec. 14. Modification of performance agreements.
Sec. 15. Competitive selection process.
Sec. 16. Performance review and early termination.
Sec. 17. Awards for reducing achievement gaps.
SEC. 2. PILOT PROGRAM REQUIRED.
The Secretary of Education shall carry out a pilot program under
this Act, to be participated in by up to 10 States.
SEC. 3. PERFORMANCE AGREEMENTS.
(a) Performance Agreement Required.--For each State participating
in the pilot program, the Secretary shall, pursuant to a performance
agreement entered into with that State--
(1) grant directly to the State the grant amounts that the
State (or any entity within the State, if applicable) would
otherwise receive under one or more eligible education grant
programs covered by the agreement; and
(2) waive the applicability to the State (or any entity
within the State, if applicable) of one or more requirements of
those programs.
(b) Specification of Programs To Be Covered and Requirements to Be
Waived.--The performance agreement shall specify the programs covered
by the agreement and the requirements to be waived pursuant to the
agreement.
(c) Requirements That Cannot Be Waived.--The Secretary shall not,
pursuant to a performance agreement under this Act, waive any
requirement under any of the following provisions of the Elementary and
Secondary Education Act of 1965:
(1) Section 1111(b) (20 U.S.C. 6311(b); relating to
academic standards, academic assessments, and accountability).
(2) Section 1111(h) (20 U.S.C. 63111(h); relating to report
cards).
(3) Section 1116(b)(1)(E) (20 U.S.C. 6316(b)(1)(E);
relating to public school choice).
SEC. 4. ELIGIBLE EDUCATION GRANT PROGRAMS.
For purposes of this Act, the eligible education grant programs are
the following:
(1) In title I of the Elementary and Secondary Education
Act of 1965--
(A) part A (relating to improving basic programs
operated by local educational agencies);
(B) subpart 3 of part B (relating to William F.
Goodling Even Start Family Literacy Programs);
(C) part C (relating to education of migratory
children);
(D) part D (relating to prevention and intervention
programs for children and youth who are neglected,
delinquent, or at-risk); and
(E) part F (relating to comprehensive school
reform).
(2) In title II of that Act--
(A) part A (relating to teacher and principal
training and recruiting fund); and
(B) subpart 1 of part D (relating to State and
local technology grants).
(3) In title III of that Act, part A (relating to English
language acquisition, language enhancement, and academic
achievement).
(4) In title IV of that Act, part A (relating to safe and
drug-free schools and communities).
(5) In title V of that Act--
(A) part A (relating to innovative programs); and
(B) part D (relating to the fund for the
improvement of education).
(6) In title VII of that Act, part A (relating to Indian
education).
(7) Sections 115 and 116, and parts B and C of title I, of
the Carl D. Perkins Vocational Technical Education Act.
(8) Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act.
SEC. 5. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS.
Each State participating in the pilot program shall, throughout the
term of the performance agreement--
(1) maintain a uniform level of challenging student
academic performance standards and assessments; and
(2) demonstrate adequate yearly progress toward achieving
those standards.
SEC. 6. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.
For each State participating in the pilot program, for each school
year of the performance agreement, the aggregate amount of funds spent
by the State on elementary and secondary education shall be not less
than the aggregate amount of funds spent by the State on elementary and
secondary education for school year 2007. If a State demonstrates that
exceptional or uncontrollable circumstances, such as a natural disaster
or a precipitous and unforeseen decline in the financial resources of
the State, prevent the State from complying with this requirement, the
Secretary may waive the applicability of this requirement to the State.
SEC. 7. PERMISSIBLE USES OF FUNDS.
Grant amounts received pursuant to a performance agreement under
this Act may be used for any elementary and secondary education
purposes permitted by State law, in a manner that advances the
education priorities of the State, improves student achievement, and
narrows achievement gaps between students.
SEC. 8. ALLOCATION OF FUNDS WITHIN STATE.
(a) In General.--Grant amounts received pursuant to a performance
agreement under this Act shall be distributed within the State as
provided by State law, subject to subsection (b).
(b) No Reduction in Part A Title I Allocation.--To the extent such
grant amounts are derived from part A of title I of the Elementary and
Secondary Education Act of 1965, the State shall ensure that, for each
local educational agency within the State for each school year, the
amount that is allocated to that local educational agency for that
school year pursuant to the performance agreement is not less than the
amount that was allocated to that local educational agency for school
year 2007 pursuant to part A of title I of that Act. If the State
cannot comply with this subsection because the total grant amounts
derived from part A of title I of that Act are inadequate, the State
shall reduce each local educational agency's allocation by a uniform
percentage.
SEC. 9. ADMINISTRATIVE EXPENSES.
A State may use not more than 1 percent of the grant amounts
received pursuant to a performance agreement under this Act for
administrative expenses.
SEC. 10. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Grant amounts received pursuant to a performance agreement under
this Act shall be used in a manner that provides for the equitable
participation of private schools, and the students and professional
staff of such schools.
SEC. 11. FISCAL RESPONSIBILITIES.
Grant amounts received pursuant to a performance agreement under
this Act shall be subject to fiscal control and fund accounting
procedures that ensure that those amounts are properly disbursed and
accounted for.
SEC. 12. ANNUAL REPORTS.
(a) In General.--After each school year during which a State has
participated in the pilot program, the State shall submit to the
Secretary a report on the activities carried out under the performance
agreement during that school year. The report shall describe in detail
how the State has complied with the performance agreement and with the
other requirements of this Act. The State shall ensure that the report
is disseminated widely to parents and the general public, distributed
to print and broadcast media, and posted on the Internet.
(b) Submission to Congress.--Not later than 60 days after the
Secretary receives a report under subsection (a), the Secretary shall
submit that report to Congress, together with any other information the
Secretary considers appropriate.
SEC. 13. TERMS OF PERFORMANCE AGREEMENTS.
(a) Initial Term.--Each performance agreement under this Act shall
apply for an initial term beginning with school year 2008 and ending
with school year 2012.
(b) Additional Term.--Each such performance agreement may, with the
approval of the State and the Secretary entered into before the
expiration of the initial term, be extended for an additional term
beginning with school year 2013 and ending with school year 2017. The
Secretary shall not withhold approval under this subsection if the
State has demonstrated the adequate yearly progress required by this
Act and has substantially complied with its other obligations under
this Act.
SEC. 14. MODIFICATION OF PERFORMANCE AGREEMENTS.
The terms of a performance agreement may, with the approval of the
State and the Secretary, be modified during the term of the performance
agreement for school years that have not yet begun.
SEC. 15. COMPETITIVE SELECTION PROCESS.
The Secretary shall, by regulation, establish a process for the
selection of States to participate in the pilot program. The process
shall include the following:
(1) Application.--To be considered for participation, a
State must submit an application to the Secretary in such form,
and containing such information, as the Secretary may require.
The State must submit the application not later than March 31,
2007, but after that date may modify the application (including
the draft performance agreement described in paragraph (2))
with the approval of the Secretary.
(2) Proposed performance agreement.--The application must
include a draft of the performance agreement that the State
proposes to enter into for purposes of the pilot program.
(3) Certification of compliance with notice and comment
requirements.--The application must include the certification
of the Governor of the State that the performance agreement
that the State proposes has been developed by the State in
accordance with the notice and comment requirements that apply
under State law.
(4) Selection.--The Secretary shall select States for
participation on a competitive basis, using criteria
established by the Secretary. Each selection shall be completed
not later than June 30, 2007.
(5) Entering into performance agreement.--For each State so
selected, the Secretary and the State shall enter into the
performance agreement proposed by the State. Each performance
agreement shall be entered into not later than August 15, 2007.
SEC. 16. PERFORMANCE REVIEW AND EARLY TERMINATION.
(a) Periodic Review.--For each State participating in the pilot
program, the Secretary shall periodically carry out a review to
determine whether the State has demonstrated the adequate yearly
progress required by this Act and has substantially complied with its
other obligations under this Act.
(b) Early Termination.--The Secretary may terminate a performance
agreement, before the term of that agreement expires, if--
(1) the State does not, for three consecutive school years,
demonstrate the adequate yearly progress required by this Act;
or
(2) the State does not substantially comply with any other
obligation under this Act.
SEC. 17. AWARDS FOR REDUCING ACHIEVEMENT GAPS.
(a) Awards Required.--The Secretary shall make awards to each State
that completes the initial term of its performance agreement and, over
that term, achieves the reduction described in subsection (b).
(b) Reduction.--The reduction referred to in subsection (a) is a
reduction by not less than 25 percent, of the difference between the
percentage of highest and lowest performing groups of students that
meet the State's definition of ``proficient'', as referenced in section
1111(b)(1)(D)(ii)(II) of the Elementary and Secondary Education Act of
1965. The reduction must apply to at least two grade levels and at
least two of the following content areas: mathematics, reading, and
science.
(c) Amount of Award.--The amount of an award under this section
shall be not less than 5 percent of the grant amounts received by the
State pursuant to the performance agreement for school year 2008.
(d) Source of Funds.--Awards under this section are subject to the
availability of appropriations and shall be paid from the Fund for the
Improvement of Education under part D of title V of the Elementary and
Secondary Education Act of 1965. | Partnership for Academic Success in the States Act, or the PASS Act - Directs the Secretary of Education to implement a competitive pilot program, in up to 10 states, under which, pursuant to a performance agreement with each state, the Secretary: (1) directly provides the grant amount that such state would otherwise receive under one or more specified elementary and secondary education grant programs; and (2) waives the applicability of one or more of the requirements of such programs.
Allows the Secretary to terminate a state's participation in the pilot program if it fails for three consecutive years to demonstrate adequate yearly progress toward achieving challenging academic performance standards.
Requires the equitable participation of private schools in the use of such grants.
Provides for awards to states for reducing achievement gaps. | {"src": "billsum_train", "title": "To establish a pilot program under which the Secretary of Education allows selected States to combine certain funds under the Elementary and Secondary Education Act of 1965 to improve the academic achievement of its students."} | 2,657 | 164 | 0.556842 | 1.561758 | 0.850272 | 2.806667 | 16.7 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Accession Act''.
SEC. 2. ACCESSION OF CHILE TO THE NORTH AMERICAN FREE TRADE AGREEMENT.
Subject to section 3, the President is authorized to enter into an
agreement which provides for the accession of Chile to the North
American Free Trade Agreement and the provisions of section 151(c) of
the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a
bill to implement such agreement if such agreement is entered into on
or before December 31, 1998.
SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
2, 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 2--
(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.
(c) 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 3 of the NAFTA Accession
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 agreements 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 3
of the NAFTA Accession Act,'' after ``the Uruguay Round
Agreements Act,''. | NAFTA Accession Act - Authorizes the President to enter into an agreement for the accession of Chile to the North American Free Trade Agreement (NAFTA). Applies the fast track procedures of the Trade Act of 1974 to implementing bills for trade agreements entered under this Act. | {"src": "billsum_train", "title": "NAFTA Accession Act"} | 1,367 | 61 | 0.616369 | 1.429197 | 1.089991 | 3.372549 | 23.470588 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Fairness and Emergency
Relief Act of 2008''.
SEC. 2. SUSPENSION OF REQUIRED BEGINNING DATE FOR DISTRIBUTIONS FROM
DEFINED CONTRIBUTION PLANS.
(a) In General.--In the case of a defined contribution plan--
(1) section 401(a)(9) of the Internal Revenue Code of 1986
shall not apply during the suspension period,
(2) in lieu of the calendar year specified in subparagraph
(C)(i) of section 401(a)(9) of such Code, the calendar year
specified in such subparagraph shall be the later of--
(A) the calendar year described in such
subparagraph (C)(i), or
(B) calendar year 2010, and
(3) the suspension period shall not be taken into account
for purposes of applying any time limitation in such section
401(a)(9).
(b) Suspension Period.--For purposes of this section, the term
``suspension period'' means the period beginning on January 1, 2008,
and ending on December 31, 2009.
(c) Application to Certain Other Plans.--The following sections
shall be applied for the suspension period under rules similar to the
rules of subsection (a) of this section--
(1) in the case of a defined contribution plan, subsections
(a) and (b) of section 403, and sections 408 and 408A, of such
Code, and
(2) in the case of an eligible deferred compensation plan
described in section 457(b) of such Code which is maintained by
an eligible employer described in section 457(e)(1)(A) of such
Code, section 457 of such Code.
(d) Application to Certain Periodic Payments.--For purposes of this
section, in the case of a defined contribution plan, the failure to
make a payment from a qualified retirement plan during the suspension
period in an amount less than would be required under the applicable
method shall not be treated as a modification for purposes of section
72(t)(2)(A)(iv) of such Code.
(e) Provisions Relating to Plan Amendments.--
(1) In general.--If this section applies to any plan or
annuity contract, such plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in paragraph (2)(B)(i).
(2) Amendments to which section applies.--
(A) In general.--This section shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to this section or pursuant to
any regulation issued by the Secretary of the
Treasury to carry out this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2009.
(B) Conditions.--This section shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the first day of
the suspension period, and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted), the plan or
contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
(f) Effective Date.--
(1) In general.--This section shall take effect on the date
of the enactment of this Act.
(2) Recontribution of distributions before date of
enactment.--
(A) In general.--Any individual who receives a
payment or distribution during the period beginning on
January 1, 2008, and ending on the date of the
enactment of this Act from a plan to which subsection
(a) or (c) of this section applies may, before the end
of the suspension period, make one or more
contributions in an aggregate amount not to exceed the
amount of such payments or distributions to an eligible
retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such
Code, as the case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) to an
eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent
of the amount of the contribution, be treated as having
received such payments or distributions in an eligible
rollover distribution (as defined in section 402(c)(4)
of such Code) and as having transferred the amount to
the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments for distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) to an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, such
payments or distributions shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the individual
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
SEC. 3. WAIVER OF 10 PERCENT PENALTY ON WITHDRAWALS FROM QUALIFIED
RETIREMENT PLANS DURING 2008 AND 2009 FOR FINANCIAL
HARDSHIP.
(a) In General.--Paragraph (1) of section 72(t) of the Internal
Revenue Code of 1986 (relating to imposition of additional tax) shall
not apply to qualified financial hardship distributions from a
qualified retirement plan (as defined in section 4974(c) of such Code),
to an individual. Distributions shall not be taken into account under
the preceding sentence if such distributions are described in
subparagraph (A), (C), (D), (E), (F), or (G) of section 72(t)(2) of
such Code or to the extent section 72(t)(1) of such Code does not apply
to such distributions by reason of section 72(t)(2)(B).
(b) Qualified Foreclosure Distributions.--For purposes of
subsection (a)--
(1) In general.--The term ``qualified financial hardship
distribution'' means any payment or distribution received after
December 31, 2007, and before January 1, 2010, by an individual
on account of financial hardship (as determined by the
Secretary of the Treasury).
(2) Limitation.--The amount of payments or distributions
received by an individual which may be treated as qualified
financial hardship distributions for any taxable year shall not
exceed $15,000.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a
qualified financial hardship distribution may, at any
time during the 5-year period beginning on the day
after the date on which such distribution was received,
make one or more contributions in an aggregate amount
not to exceed the amount of such distribution to an
eligible retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the
case may be, of the Internal Revenue Code of 1986.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified financial hardship distribution
from an eligible retirement plan other than an
individual retirement plan, then the taxpayer shall, to
the extent of the amount of the contribution, be
treated as having received the qualified financial
hardship distribution in an eligible rollover
distribution (as defined in section 402(c)(4) of such
Code) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(C) Treatment of repayments for distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) with respect to a qualified financial
hardship distribution from an individual retirement
plan (as defined by section 7701(a)(37) of such Code),
then, to the extent of the amount of the contribution,
the qualified financial hardship distribution shall be
treated as a distribution described in section
408(d)(3) of such Code and as having been transferred
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(4) Special rules.--
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405 of the
Internal Revenue Code of 1986, qualified financial
hardship distributions shall not be treated as eligible
rollover distributions.
(B) Qualified financial hardship distributions
treated as meeting plan distribution requirements.--For
purposes this title, a qualified financial hardship
distribution shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such
Code.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Retirement Fairness and Emergency Relief Act of 2008 - Suspends for calendar 2008 and 2009 the beginning date for required distributions from certain individual retirement (IRA) plans.
Waives the 10% additional tax (penalty) under the Internal Revenue Code for early distributions from qualified retirement plans in the case of a qualified financial hardship distribution to an individual during calendar 2008-2009 of up to $15,000 per taxable year, as determined by the Secretary of the Treasury (including a qualified foreclosure distribution). | {"src": "billsum_train", "title": "To suspend the beginning date for required distributions from defined contribution plans based on attainment of age 70 1/2, to waive the 10 percent penalty on withdrawals from qualified retirement plans during 2008 and 2009 for financial hardship, and for other purposes."} | 2,154 | 104 | 0.473807 | 1.215797 | 0.153983 | 2.202128 | 19.808511 | 0.904255 |
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--NATIONAL AVIATION HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. National Aviation Heritage Area.
Sec. 104. Management plan.
Sec. 105. Administration.
Sec. 106. Technical and financial assistance; other Federal agencies.
Sec. 107. Authorization of appropriations.
Sec. 108. Termination of authority.
TITLE II--WRIGHT COMPANY FACTORY STUDY
Sec. 201. Definitions.
Sec. 202. Study.
Sec. 203. Report.
TITLE I--NATIONAL AVIATION HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 103(a).
(2) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated, a
nonprofit corporation established under the laws of the State
of Ohio.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 104.
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
or
(B) an organization, private industry, or person
involved in promoting the conservation and preservation
of the cultural and natural resources of the Heritage
Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of Ohio and
Indiana the National Aviation Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall include--
(A) a core area consisting of resources in
Montgomery, Greene, Warren, Miami, Clark, Shelby,
Auglaize, and Champaign Counties in the State of Ohio;
(B) the Neil Armstrong Air & Space Museum,
Wapakoneta, Ohio;
(C) the Wilbur Wright Birthplace and Museum,
Millville, Indiana; and
(D) any sites, buildings, and districts within the
core area described in subparagraph (A) that are
recommended for inclusion in the Heritage Area in the
management plan.
(2) Map.--
(A) In general.--The Secretary shall prepare a map
of the Heritage Area for inclusion in the management
plan.
(B) Availability.--The map shall be on file and
available for public inspection in the appropriate
offices of the National Park Service.
SEC. 104. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration Federal, State, and local
plans;
(3) involve residents, public agencies, and private
organizations in the Heritage Area;
(4) include--
(A) an assessment of cultural landscapes in the
Heritage Area;
(B) provisions for the protection, interpretation,
and enjoyment of the resources of the Heritage Area
that are consistent with the purposes of this title;
(C) an interpretation plan for the Heritage Area;
(D) a program for the implementation of the
management plan by the management entity that
includes--
(i) provisions for facilitating ongoing
collaboration among the partners to--
(I) promote heritage tourism; and
(II) develop educational and
cultural programs for the public;
(ii) provisions for assisting partners in
plans for restoration and construction of the
Heritage Area; and
(iii) to the maximum extent practicable,
specific commitments from partners for the
first 5 years of operation of the Heritage
Area; and
(E) an inventory of the resources contained in the
core area of the Heritage Area, including--
(i) the Dayton Aviation Heritage Historical
Park;
(ii) the sites, buildings, and districts
listed in section 202 of the Dayton Aviation
Heritage Preservation Act of 1992 (Public Law
102-419); and
(iii) any other property that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(5) identify sources of funding for the implementation of
the management plan; and
(6) describe and evaluate the management entity, including
a description and evaluation of--
(A) the membership of the management entity; and
(B) the organizational structure of the management
entity.
(c) Failure To Submit.--If the management entity fails to submit
the management plan by the date described in subsection (a), the
Secretary shall not provide any additional funding under this title to
the management entity until the date on which the management entity
submits a management plan to the Secretary.
(d) Approval and Disapproval of Management Plans.--
(1) In general.--Not later than 90 days after the date of
the receipt of the management plan under subsection (a), the
Secretary, in consultation with the State of Ohio, shall
approve or disapprove the plan.
(2) Disapproval and revision.--If the Secretary disapproves
a management plan under paragraph (1), the Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--The Secretary shall review each amendment
to the management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this title
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 105. ADMINISTRATION.
(a) In General.--The management entity shall administer the
Heritage Area in accordance with this title.
(b) Authorities.--The management entity may, for purposes of
implementing the management plan, use Federal funds made available
under this title to--
(1) make grants to, and enter into cooperative agreements
with--
(A) the State of Ohio (including a political
subdivision of the State);
(B) a private organization; or
(C) any person;
(2) hire and compensate staff;
(3) contract for goods and services; and
(4) obtain funds from any source (including a program that
has a cost-sharing requirement).
(c) Duties of Management Entity.--In addition to developing the
management plan under section 104, in carrying out this title, the
management entity shall--
(1) give priority to the implementation of actions set
forth in the management plan, including--
(A) assisting units of government and nonprofit
organizations in preserving the resources of the
Heritage Area; and
(B) encouraging local governments to adopt land use
policies that are consistent with--
(i) the management of the Heritage Area;
and
(ii) the goals of the management plan;
(2) in developing and implementing the management plan,
consider the interests of diverse governmental, business, and
nonprofit organizations in the Heritage Area;
(3) maintain a collaboration among the partners to promote
heritage tourism;
(4) assist partners in developing educational and cultural
programs for the public;
(5) encourage economic viability in the Heritage Area in
accordance with the goals of the management plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites of the Heritage Area;
(D) installing throughout the Heritage Area, clear,
consistent, and environmentally appropriate signs that
identify access points and sites of interest; and
(E) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(8) submit to the Secretary for approval substantial
amendments to the management plan; and
(9) for any fiscal year for which Federal funds are made
available to carry out this Act under section 107--
(A) submit to the Secretary a report that
describes, for the fiscal year--
(i) any activities conducted by the
management entity with respect to the Heritage
Area; and
(ii) any expenses incurred by the
management entity in carrying out this title;
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available to the Secretary for
audit all records relating to the expenditure of the
funds.
(d) Prohibition of Acquisition of Real Property.--
(1) Use of federal funds.--The management entity shall not
use Federal funds made available under this title to acquire
real property or any interest in real property.
(2) Funds from other sources.--The management entity may
acquire real property or an interest in real property using
non-Federal funds.
SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide to the Heritage Area technical
assistance, on a reimbursable or nonreimbursable basis, and
financial assistance for use in the development and
implementation of the management plan.
(2) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the management entity or other
public or private organizations for purposes of providing
technical or financial assistance under paragraph (1).
(3) Priority for assistance.--In providing technical or
financial assistance under paragraph (1), the Secretary shall
give priority to actions that assist in--
(A) conserving the significant historical,
cultural, and natural resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(b) Operational Assistance.--Subject to the availability of
appropriations, the Secretary may provide to public or private
organizations in the Heritage Area such operational assistance as is
appropriate to support the implementation of the management plan.
(c) Duties of Other Federal Agencies.--A Federal agency conducting
or supporting any activity directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to the activity;
(2) cooperate with the Secretary and the management entity
in carrying out the duties of the Secretary and the management
entity under this title;
(3) to the maximum extent practicable, coordinate the
activity with the duties of the Secretary and the management
entity under this title; and
(4) conduct or support the activity in a manner that, to
the maximum extent practicable, will not have an adverse effect
on the Heritage Area, as determined by the management entity.
(d) Coordination Between the Secretary, the Secretary of Defense,
and the Administrator of NASA.--Any decision relating to the
application of this title to properties under the jurisdiction of the
Secretary of Defense or the Administrator of the National Aeronautics
and Space Administration shall be made by the Secretary of Defense or
the Administrator, respectively, in consultation with the Secretary.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) Federal Share.--The Federal share of the total cost of any
activity assisted under this title shall be not more than 50 percent.
SEC. 108. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this Act.
TITLE II--WRIGHT COMPANY FACTORY STUDY
SEC. 201. DEFINITIONS.
In this title:
(1) Factory.--The term ``Factory'' means the Wright Company
factory in Dayton, Ohio.
(2) Park.--The term ``park'' means the Dayton Aviation
Heritage National Historical Park in the State of Ohio.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 202. STUDY.
(a) In General.--The Secretary shall conduct a special resource
study that--
(1) updates the study required under section 104 of the
Dayton Aviation Heritage Preservation Act of 1992 (Public Law
102-419); and
(2) describes alternatives for incorporating the Factory as
a unit of the Park.
(b) Contents.--The study shall include an analysis of the
alternatives described under subsection (a)(2), including an analysis
of management and development options and costs.
(c) Consultation.--In conducting the study, the Secretary shall
consult with--
(1) the Delphi Corporation;
(2) the Aviation Heritage Foundation;
(3) State and local agencies; and
(4) other interested parties in the area in which the
Factory is located.
SEC. 203. REPORT.
Not later than 3 years after the date on which funds are first made
available to carry out this title, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report that
describes the results of the study conducted under this title.
Passed the Senate September 15, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 180
_______________________________________________________________________
AN ACT
To establish the National Aviation Heritage Area, and for other
purposes. | Title I: National Aviation Heritage Area - National Aviation Heritage Area Act - (Sec. 103) Establishes within the States of Ohio and Indiana the National Aviation Heritage Area (the Area).
(Sec. 104) Directs the Area's management entity, the Aviation Heritage Foundation, Incorporated (the AHFI, an Ohio nonprofit) to develop and submit to the Secretary of the Interior (the Secretary) a Management Plan (the Plan) for the Area. Requires the Plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Area. Prohibits the Secretary, if AHFI fails to submit the Plan within three years, from providing any additional funding under this title to AHFI until it submits a plan. Directs the Secretary to approve the Plan or to disapprove it, and to provide recommendations in the latter instance. Prohibits funds made available under this title from being expended to implement any changes made by a substantial amendment to the Plan until the Secretary approves of such amendment. (Sec. 105) Permits AHFI, for purposes of implementing the Plan, to use Federal funds made available under this title to make grants to, and enter into cooperative agreements with, the State of Ohio (including a political subdivision of the State), a private organization, or any person. Requires AHFI to: (1) give priority to implementing actions in the Plan; (2) assist units of government and nonprofits in developing the Area in specified ways, including by encouraging local governments to adopt land use policies that are consistent with the management of the Area and the goals of the Plan; and (3) encourage economic viability in the Area. Prohibits AHFI from using any Federal funds made available under this title to acquire real property or any interest in real property. Allows AHFI to use non-Federal funds to acquire real property or an interest in real property. (Sec. 106) Authorizes the Secretary to enter into a cooperative agreement with AHFI or other public or private organizations to provide financial or technical assistance to the Area to develop and implement the Plan upon request by the AHFI. Allows the Secretary to provide to such organizations in the Area operational assistance to support the implementation of the Plan. Requires any Federal agency involved with any activity directly affecting the Area to consult with the AHFI and the Secretary and, to the maximum extent practicable, act in ways the AHFI determines will not adversely affect the Area. Provides for the coordination of decisions with regard to the Area by the Secretary, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration. (Sec. 107) Authorizes appropriations. Limits the Federal share of the total cost of any activity assisted under this title to 50 percent. (Sec. 108) Terminates assistance from the Secretary for the Area 15 years after the enactment of this Act. Title II: Wright Company Factory Study - Requires an updated study and report concerning alternatives for incorporating the Wright Company Factory as a unit of the Dayton Aviation Heritage National Park. Instructs the Secretary to consult with the Delphi Corporation, the Aviation Heritage Foundation, State and local agencies, and other interested parties in the area in which the Factory is located. | {"src": "billsum_train", "title": "A bill to establish the National Aviation Heritage Area, and for other purposes."} | 3,112 | 727 | 0.60759 | 2.055642 | 0.80638 | 3.5313 | 4.879615 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Year 2016 Department of
Veterans Affairs Seismic Safety and Construction Authorization Act''.
SEC. 2. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY PROJECTS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress finds the following:
(1) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2016, which was passed by
the Senate on November 10, 2015, without a single vote cast
against the bill, and the Consolidated Appropriations Act, 2016
include the following amounts to be appropriated to the
Department of Veterans Affairs:
(A) $35,000,000 to make seismic corrections to
Building 208 at the West Los Angeles Medical Center of
the Department in Los Angeles, California, which,
according to the Department, is a building that is
designated as having an exceptionally high risk of
sustaining substantial damage or collapsing during an
earthquake.
(B) $158,000,000 to provide for the construction of
a new research building, site work, and demolition at
the San Francisco Veterans Affairs Medical Center.
(C) $161,000,000 to replace Building 133 with a new
community living center at the Long Beach Veterans
Affairs Medical Center, which, according to the
Department, is a building that is designated as having
an extremely high risk of sustaining major damage
during an earthquake.
(D) $468,800,000 for construction projects that are
critical to the Department for ensuring health care
access and safety at medical facilities in Louisville,
Kentucky, Jefferson Barracks in St. Louis, Missouri,
Perry Point, Maryland, American Lake, Washington,
Alameda, California, and Livermore, California.
(2) The Department is unable to obligate or expend the
amounts described in paragraph (1), other than for construction
design, because the Department lacks an explicit authorization
by an Act of Congress pursuant to section 8104(a)(2) of title
38, United States Code, to carry out the major medical facility
projects described in such paragraph.
(3) Among the major medical facility projects described in
paragraph (1), three are critical seismic safety projects in
California.
(4) Every day that the critical seismic safety projects
described in paragraph (3) are delayed increases the risk of a
life-threatening building failure in the case of a major
seismic event.
(5) According to the United States Geological Survey--
(A) California has more than a 99 percent chance of
experiencing an earthquake of magnitude 6.7 or greater
in the next 30 years;
(B) even earthquakes of less severity than
magnitude 6.7 can cause life threatening damage to
seismically unsafe buildings; and
(C) in California, earthquakes of magnitude 6.0 or
greater occur on average once every 1.2 years.
(b) Authorization.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects, with each project to be
carried out in an amount not to exceed the amount specified for that
project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed $180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West Los
Angeles, California, in an amount not to exceed $105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(c) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2016 or the year in which funds are appropriated for the
Construction, Major Projects, account, $1,113,802,000 for the projects
authorized in subsection (b).
(d) Limitation.--The projects authorized in subsection (b) may only
be carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (c);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
Passed the Senate January 20, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to carry out the following major medical facility projects (each with specified maximum authorized funds): seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California; seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California; seismic corrections to the mental health and community living center in Long Beach, California; construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California; realignment of medical facilities in Livermore, California; construction of a medical center in Louisville, Kentucky; construction of a replacement community living center in Perry Point, Maryland; and seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington. A specified amount is authorized to be appropriated to the VA for such projects for FY2016 or the year in which funds are appropriated for the Construction, Major Projects, account. Such projects may only be carried out using: funds appropriated for FY2016 pursuant to such authorization; funds available for Construction, Major Projects, for a fiscal year before, or a fiscal year after, FY2016 that remain available for obligation; funds appropriated for Construction, Major Projects, for FY2016 for a category of activity not specific to a project; and funds appropriated for Construction, Major Projects, for a fiscal year before, or a fiscal year after, FY2016 for a category of activity not specific to a project. | {"src": "billsum_train", "title": "Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act"} | 1,189 | 364 | 0.671989 | 2.458978 | 0.840156 | 5.607362 | 3.472393 | 0.920245 |
SECTION 1. PURPOSE.
It is the purpose of this Act to create principles governing the
conduct of industrial cooperation projects of United States nationals
in the People's Republic of China and Tibet.
SEC. 2. STATEMENT OF PRINCIPLES.
It is the sense of the Congress that any United States national
conducting an industrial cooperation project in the People's Republic
of China or Tibet should adhere to the following principles, which
shall be known as the ``Harry Wu Principles'':
(1) Suspend the use of any goods, wares, articles, or
merchandise that the United States national has reason to
believe were mined, produced, or manufactured, in whole or in
part, by convict labor or forced labor; and refuse to use
forced labor in the industrial cooperation project.
(2) Seek to ensure that political or religious views, sex,
ethnic or national background, involvement in political
activities or nonviolent demonstrations, or association with
suspected or known dissidents will not prohibit hiring, lead to
harassment, demotion, or dismissal, or in any way affect the
status or terms of employment in the industrial cooperation
project. The United States national should not discriminate in
terms or conditions of employment in the industrial cooperation
project against persons with past records of arrests or
internal exile for nonviolent protest or membership in
unofficial organizations committed to nonviolence.
(3) Ensure that methods of production used in the
industrial cooperation project do not pose an unnecessary
physical danger to workers and neighboring populations and
property and that the industrial cooperation project does not
unnecessarily risk harm to the surrounding environment; and
consult with community leaders regarding environmental
protection with respect to the industrial cooperation project.
(4) Strive to use business enterprises that are not
controlled by the People's Republic of China or its authorized
agents and departments as potential partners in the industrial
cooperation project.
(5) Prohibit any military presence on the premises of the
industrial cooperation project.
(6) Undertake to promote freedom of association and
assembly among the employees of the United States national. The
United States national should protest any infringement by the
Government of the People's Republic of China of these freedoms
to the appropriate authorities of that government and to the
International Labor Organization, which has an office in
Beijing.
(7) Use every possible channel of communication with the
Government of the People's Republic of China to urge that
government to disclose publicly a complete list of all those
individuals arrested since March 1989, to end incommunicado
detention and torture, and to provide international observers
access to all places of detention in the People's Republic of
China and Tibet and to trials of prisoners arrested in
connection with the pro-democracy events of April through June
of 1989 and the pro-democracy demonstrations which have taken
place in Tibet since 1987.
(8) Discourage or undertake to prevent compulsory political
indoctrination programs from taking place on the premises of
the operations of the industrial cooperation project.
(9) Promote freedom of expression, including the freedom to
seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any media. To this end, the
United States national should raise with appropriate
authorities of the Government of the People's Republic of China
concerns about restrictions on importation of foreign
publications.
(10) Undertake to prevent harassment of workers who,
consistent with the United Nations World Population Plan of
Action, decide freely and responsibly the number and spacing of
their children; and prohibit compulsory population control
activities on the premises of the industrial cooperation
project.
SEC. 3. PROMOTION OF PRINCIPLES BY OTHER NATIONS.
The Secretary of State shall forward a copy of the principles set
forth in section 2 to the member nations of the Organization for
Economic Cooperation and Development and encourage them to promote
principles similar to these principles.
SEC. 4. REGISTRATION REQUIREMENT.
(a) In General.--Each United States national conducting an
industrial cooperation project in the People's Republic of China or
Tibet shall register with the Secretary of State and indicate whether
the United States national agrees to implement the principles set forth
in section 2. No fee shall be required for registration under this
subsection.
(b) Effective Date.--The registration requirement of subsection (a)
shall take effect 6 months after the date of the enactment of this Act.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``industrial cooperation project'' refers to a
for-profit activity the business operations of which employ
more than 25 individuals or have assets greater than $25,000;
and
(2) the term ``United States national'' means--
(A) a citizen or national of the United States or a
permanent resident of the United States; and
(B) a corporation, partnership, or other business
association organized under the laws of the United
States, any State or territory thereof, the District of
Columbia, the Commonwealth of Puerto Rico, or the
Commonwealth of the Northern Mariana Islands. | Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China or Tibet should adhere to certain principles (known as the Harry Wu Principles). Declares that they should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to use business enterprises that are not controlled by the government of China; (5) prohibit any military presence on the premises of the project; (6) promote freedom of association and assembly among the employees of the U.S. national; (7) urge the government of China to disclose a complete list of those individuals arrested since March 1989, end incommunicado detention and torture, and provide international observers access to places of detention in China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June, 1989, and the pro-democracy demonstrations in Tibet since 1987; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project.
Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles.
Directs each U.S. national conducting an industrial cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles. | {"src": "billsum_train", "title": "To set forth certain principles that should be adhered to by any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet."} | 1,071 | 418 | 0.777979 | 2.925241 | 0.843756 | 5.103627 | 2.720207 | 0.948187 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Earth Policy Task Force and
Materials Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Significant quantities of rare earths are used in the
production of clean energy technologies, including advanced
automotive propulsion batteries, electric motors, high-
efficiency light bulbs, solar panels, and wind turbines. These
technologies are used to advance the United States energy
policy of reducing dependence on foreign oil and decreasing
greenhouse gas emissions through expansion of cleaner sources
of energy.
(2) Many modern defense technologies such as radar and
sonar systems, precision-guided weapons, cruise missiles, and
lasers cannot be built, as designed and specified, without the
use of rare earths and materials produced from them.
(3) Rare earths also provide core functionality to a
variety of high technology applications in computing, pollution
abatement, power generation, water treatment, oil refining,
metal alloying, communications, health care, agriculture, and
other sectors.
(4) Though at least 40 percent of the world's rare earth
reserves are located within the United States and its ally
nations, our country now depends upon imports for nearly 100
percent of its rare earth needs.
SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.
(a) In General.--
(1) Establishment.--There is established within the
Department of the Interior a task force to be known as the
``Rare Earth Policy Task Force'' (referred to in this section
as the ``Task Force''), which shall report to the President
through the Secretary of the Interior.
(2) Composition.--The Task Force shall be composed of the
following:
(A) The Secretary of the Interior (or a designee of
such Secretary), who shall serve as chair of the Task
Force.
(B) The Secretary of Energy (or a designee of such
Secretary).
(C) The Secretary of Agriculture (or a designee of
such Secretary).
(D) The Secretary of Defense (or a designee of such
Secretary).
(E) The Secretary of Commerce (or a designee of
such Secretary).
(F) The Secretary of State (or a designee of such
Secretary).
(G) The Director of the Office of Management and
Budget (or a designee of the Director).
(H) The Chairman of the Council on Environmental
Quality (or a designee of the Chairman).
(I) Such other members as the Secretary of the
Interior considers appropriate.
(b) Duties.--The Task Force shall assist Federal agencies in
reviewing laws (including regulations) and policies that discourage
investment in, exploration for, and development of domestic rare earths
pursuant to Federal Land Policy and Management Act of 1976, the Act of
June 4, 1897, the National Forest Management Act of 1976, and any other
applicable statutory authorities related to domestic mining operations.
(c) Annual Reports.--At least once each year, the Task Force shall
submit to the President, the Committee on Energy and Natural Resources
of the Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Natural Resources of the House of
Representatives a report that identifies the substantive and procedural
requirements of Federal, State, tribal, and local laws (including
regulations) and Executive orders that are inconsistent with,
duplicative of, or structured so as to restrict effective
implementation of projects that will increase investment in,
exploration for, and development of domestic rare earths.
(d) Termination.--The Task Force shall terminate 10 years after the
date of the enactment of this Act.
SEC. 4. RARE EARTH MATERIALS PROGRAM PLAN.
(a) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
of the Interior shall prepare and submit to the appropriate
congressional committees a plan for research, development,
demonstration, and commercial application to ensure the long-
term, secure, and sustainable supply of rare earth materials
sufficient to satisfy the national security, economic well-
being, and industrial production needs of the United States.
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out under the plan during the subsequent 2
years;
(B) the expected contributions of those activities
to the creation of innovative methods and technologies
for the efficient and sustainable provision of rare
earth materials to the domestic economy; and
(C) how the plan will promote the broadest possible
participation in those activities by academic,
industrial, and other contributors.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary of the Interior shall consult with
appropriate representatives of industry, institutions of higher
education, Department of Energy national laboratories,
professional and technical societies, and other entities, as
determined by the Secretary.
(b) Activities.--The plan shall support activities to--
(1) better characterize and quantify virgin stocks of rare
earth materials using theoretical geochemical research;
(2) explore, discover, and recover rare earth materials
using advanced science and technology;
(3) improve methods for the extraction, processing, use,
recovery, and recycling of rare earth materials;
(4) improve the understanding of the performance,
processing, and adaptability in engineering designs of rare
earth materials;
(5) identify and test alternative materials that can be
substituted for rare earth materials in particular
applications;
(6) engineer and test applications that--
(A) use recycled rare earth materials;
(B) use alternative materials; or
(C) seek to minimize rare earth materials content;
(7) collect, catalogue, archive, and disseminate
information on rare earth materials, including scientific and
technical data generated by the research and development
activities supported under the plan, and assist scientists and
engineers in making the fullest possible use of the data
holdings; and
(8) facilitate information sharing and collaboration among
program participants and stakeholders.
(c) Improved Processes and Technologies.--To the maximum extent
practicable, the Secretary of the Interior shall support new or
significantly improved processes and technologies as compared to those
currently in use in the rare earth materials industry.
(d) Expanding Participation.--The Secretary of the Interior shall
encourage--
(1) multidisciplinary collaborations among participants in
activities under the plan; and
(2) extensive opportunities for students at institutions of
higher education, including institutions listed under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Consistency.--The plan shall be consistent with the policies
and programs in the National Materials and Minerals Policy, Research
and Development Act of 1980 (30 U.S.C. 1601 et seq.).
(f) International Collaboration.--In carrying out activities under
the plan, the Secretary of the Interior may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to rare earth
materials. | Rare Earth Policy Task Force and Materials Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to assist federal agencies in reviewing federal, state, local, and tribal laws, regulations, and policies that discourage investment, exploration, and development of domestic rare earths.
Instructs the Secretary to: (1) submit biennially to certain congressional committees a plan for research, development, demonstration, and commercial application to ensure the long-term, secure, and sustainable supply of rare earth materials; and (2) support new or significantly improved processes and technologies in the rare earth materials industry.
Authorizes the Secretary to collaborate with the agencies of foreign countries with interests relating to rare earth materials. | {"src": "billsum_train", "title": "To establish the Rare Earth Policy Task Force, to direct the Secretary of the Interior to develop a plan to ensure the long-term supply of rare earth materials, and for other purposes."} | 1,500 | 146 | 0.473445 | 1.292235 | 0.772856 | 5.07971 | 10.57971 | 0.963768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Information Privacy Act of
1997''.
SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
Section 603(d) of the Fair Credit Reporting Act (15 U.S.C.
1681a(d)) is amended by inserting after the first
sentence the following: ``The term also includes any other identifying
information of the consumer, except the name, address, and telephone
number of the consumer if listed in a residential telephone directory
available in the locality of the consumer.''.
SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY
NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following:
``prohibition of certain misuses of the social security account number
``Sec. 1146. (a) Prohibition of Commercial Acquisition or
Distribution.--No person may buy, sell, offer for sale, take or give in
exchange, or pledge or give in pledge any information for the purpose,
in whole or in part, of conveying by means of such information any
individual's social security account number, or any derivative of such
number, without the written consent of such individual.
``(b) Prohibition of Use as Personal Identification Number.--No
person may utilize any individual's social security account number, or
any derivative of such number, for purposes of identification of such
individual without the written consent of such individual.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a) or (b), the person engaged in, or seeking to
engage in, an activity described in such subsection shall--
``(1) inform the individual of all the purposes for which
the number will be utilized and the persons to whom the number
will be known; and
``(2) obtain affirmatively expressed consent in writing.
``(d) Exceptions.--Nothing in this section shall be construed to
prohibit any use of social security account numbers permitted or
required under section 205(c)(2) of this Act, section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section
6109(d) of the Internal Revenue Code of 1986.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Nonexclusive Nature of Remedy.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages; and
``(ii) liquidated damages of $25,000 or, in
the case of a violation that was willful and
resulted in profit or monetary gain, $50,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1) in which the aggrieved
individual has substantially prevailed, the court may assess
against the respondent a reasonable attorney's fee and other
litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than
$25,000 for each such violation, and
``(B) a civil money penalty of not more than
$500,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.-- Any violation
committed contemporaneously with respect to the social security
account numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary
shall be deemed a reference to the Commissioner of Social
Security.
``(g) Regulation by States.--Nothing in this section shall be
construed to prohibit any State authority from enacting or enforcing
laws consistent with this section for the protection of privacy.''.
(b) Effective Date.--The amendment made by this section applies
with respect to violations occurring on and after the date which is 2
years after the date of enactment of this Act.
SEC. 4. RESTRICTION ON USE OF SOCIAL SECURITY NUMBERS BY STATE
DEPARTMENTS OF MOTOR VEHICLES.
(a) Restriction on Governmental Use.--Section 2721(b)(1) of title
18, United States Code, is amended by striking ``its functions.'' and
inserting ``its functions, but in the case of social security numbers,
only to the extent permitted or required under section 205(c)(2) of the
Social Security Act (42 U.S.C. 405(c)(2)), section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909), section
6109(d) of the Internal Revenue Code of 1986, or any other provision of
law specifically identifying such use.''.
(b) Prohibition of Use by Marketing Companies.--Section 2721(b)(12)
of title 18, United States Code, is amended by striking ``For'' and
inserting ``Except in the case of social security numbers, for''. | Personal Information Privacy Act of 1997 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential).
Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative of it) as well as its use as a personal identification number without the individual's written consent.
Provides for a civil action in a U.S. District Court by any individual aggrieved by any violation of this prohibition. Provides for civil money penalties for violations as well.
Amends the Federal criminal code to require the uses of social security numbers by State departments of motor vehicles to be consistent with the uses authorized by the Social Security Act, the Privacy Act, and by any other statutes explicitly authorizing their use. Prohibits the use of social security numbers by marketing companies. | {"src": "billsum_train", "title": "Personal Information Privacy Act of 1997"} | 1,517 | 232 | 0.551164 | 1.587415 | 0.801969 | 2.145729 | 6.547739 | 0.809045 |
SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION.
(a) Authority.--
(1) In general.--The Secretary of the Interior (in this
section referred to as the ``Secretary'') may permit, under
terms and conditions considered necessary by the Secretary, the
use of lands and facilities administered by the Secretary for
the making of any motion picture, television production,
soundtrack, or similar project, if the Secretary determines
that such use is appropriate and will not impair the values and
resources of the lands and facilities.
(2) Fees.--(A) Any permit under this section shall require
the payment of fees to the Secretary in an amount determined to
be appropriate by the Secretary sufficient to provide a fair
return to the government in accordance with subparagraph (B),
except as provided in subparagraph (C). The amount of the fee
shall be not less than the direct and indirect costs to the
Government for processing the application for the permit and
the use of lands and facilities under the permit, including any
necessary costs of cleanup and restoration, except as provided
in subparagraph (C).
(B) The authority of the Secretary to establish fees under
this paragraph shall include, but not be limited to, authority
to issue regulations that establish a schedule of rates for
fees under this paragraph based on such factors as--
(i) the number of people on site under a permit;
(ii) the duration of activities under a permit;
(iii) the conduct of activities under a permit in
areas designated by statute or regulations as special
use areas, including wilderness and research natural
areas; and
(iv) surface disturbances authorized under a
permit.
(C) The Secretary may, under the terms of the regulations
promulgated under paragraph (4), charge a fee below the amount
referred to in subparagraph (A) if the activity for which the
fee is charged provides clear educational or interpretive
benefits for the Department of the Interior.
(3) Bonding and insurance.--The Secretary may require a
bond, insurance, or such other means as may be necessary to
protect the interests of the United States in activities
arising under such a permit.
(4) Regulations.--(A) The Secretary shall issue regulations
implementing this subsection by not later than 180 days after
the date of the enactment of this Act.
(B) Within 3 years after the date of enactment of this Act,
the Secretary shall review and, as appropriate, revise
regulations issued under this paragraph. After that time, the
Secretary shall periodically review the regulations and make
necessary changes.
(b) Collection of Fees.--Fees shall be collected under subsection
(a) whenever the proposed filming, videotaping, sound recording, or
still photography involves product or service advertisements, or the
use of models, actors, sets, or props, or when such filming,
videotaping, sound recording, or still photography could result in
damage to resources or significant disruption of normal visitor uses.
Filming, videotaping, sound recording or still photography, including
bona fide newsreel or news television film gathering, which does not
involve the activities or impacts identified herein, shall be permitted
without fee.
(c) Existing Regulations.--The prohibition on fees set forth in
paragraph (1) of section 5.1(b) of title 43, Code of Federal
Regulations, shall cease to apply upon the effective date of
regulations under subsection (a). Nothing in this section shall be
construed to affect the regulations set forth in part 5 of such title,
other than paragraph (1) thereof.
(d) Proceeds.--Amounts collected as fees under this section shall
be available for expenditure without further appropriation and shall be
distributed and used, without fiscal year limitation, in accordance
with the formula and purposes established for the Recreational Fee
Demonstration Program under section 315 of Public Law 104-134.
(e) Penalty.--A person convicted of violating any regulation issued
under subsection (a) shall be fined in accordance with title 18, United
States Code, or imprisoned for not more than 6 months, or both, and
shall be ordered to pay all costs of the proceedings.
(f) Effective Date.--This section and the regulations issued under
this section shall become effective 180 days after the date of the
enactment of this Act, except that this subsection and the authority of
the Secretary to issue regulations under this section shall be
effective on the date of the enactment of this Act.
Passed the House of Representatives September 15, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Authorizes the Secretary of the Interior to permit the use of lands and facilities for the making of any motion picture, television production, soundtrack, or similar project if such use is appropriate and will not impair the values and resources of such lands and facilities.
Provides for permit fees and distribution of amounts collected, bonding and insurance, and a penalty for noncompliance with regulations. | {"src": "billsum_train", "title": "To provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in National Park System and National Wildlife Refuge System units, and for other purposes."} | 1,005 | 84 | 0.527761 | 1.299029 | 0.825129 | 4.541667 | 12.916667 | 0.930556 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truthfulness,
Responsibility, and Accountability in Contracting Act of 2000''.
(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. Certification of compliance.
Sec. 4. Agency reporting systems and required reports.
Sec. 5. Requirement for public-private competition.
Sec. 6. Review of contractor performance.
Sec. 7. Survey of wages and benefits provided by contractors.
Sec. 8. Comptroller General reports.
Sec. 9. Applicability.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``employee'' means any individual employed--
(A) as a civilian in a military department (as
defined in section 102 of title 5, United States Code);
(B) in an Executive agency (as defined in section
105 of title 5, United States Code), including an
employee who is paid from nonappropriated funds;
(C) in those units of the legislative and judicial
branches of the Federal Government having positions in
the competitive service;
(D) in the Library of Congress;
(E) in the Government Printing Office; or
(F) by the Governors of the Federal Reserve System.
(2) The term ``agency'' means any department, agency,
bureau, commission, activity, or organization of the United
States, that employs an employee (as defined in paragraph (1)).
(3) The term ``non-Federal personnel'' means employed
individuals who are not employees, as defined in paragraph (1).
(4) The term ``contractor'' means an individual or entity
that performs a function for an agency under a contract with
non-Federal personnel.
(5) The term ``privatization'' means the action by an
agency to exit a business line, terminate an activity, or sell
Government owned assets or operational capabilities to the non-
Federal sector.
(6) The term ``outsourcing'' means the action by an agency
to acquire services from external sources, either from a non-
Federal source or through interservice support agreements,
through a contract.
(7) The term ``contracting out'' means the conversion by an
agency of the performance of a function to performance by non-
Federal personnel under a contract between an agency and an
individual or other entity.
(8) The term ``contracting in'' is the conversion of the
performance of a function by non-Federal personnel under a
contract between an agency and an individual or other entity to
the performance by employees.
(9) The term ``contracting'' means--
(A) the performance of a function by non-Federal
personnel under a contract between an agency and an
individual or another entity; and
(B) includes privatization, outsourcing,
contracting out, and contracting in, unless otherwise
specifically provided.
SEC. 3. CERTIFICATION OF COMPLIANCE.
(a) Requirements for Heads of Agencies.--(1) The head of each
agency shall, not later than 180 days after the date of the enactment
of this Act, submit to the Director of the Office of Management and
Budget a certification that--
(A) the agency has established a centralized reporting
system in accordance with section 4;
(B) in the case of each function of the agency that is
being performed under contracting, the contracting function
decision was based on a public-private competition described
under section 5;
(C) the agency is not managing Federal employees by any
arbitrary limitations in accordance with sections 5 and 6; and
(D) the agency is reviewing work performed by contractors,
recompeting or contracting in work when appropriate, and
subjecting to public-private competition an equivalent number
of Federal employee and contractor positions in accordance with
section 6.
(2) The Director of the Office of Management and Budget shall--
(A) promptly after receiving certifications under paragraph
(1)(B), publish in the Federal Register notices of the
availability of the certifications to the public, including the
names, addresses, and telephone numbers of the officials from
whom the certifications can be obtained; and
(B) ensure that, after the removal of proprietary
information, the head of each agency makes the certifications
of that agency available to the public--
(i) upon request; and
(ii) on the World Wide Web.
(b) Suspension of Contracting for Services Pending Satisfaction of
Certification Requirement.--(1) Beginning 180 days after the date of
the enactment of this Act, the head of an agency may not enter into any
contract for the performance of services until the Director of the
Office of Management and Budget, after reviewing the certification
required under subsection (a)(1), determines that the agency is making
substantial progress toward meeting the requirements under subsection
(a)(1) (A), (B), (C), and (D).
(2) If an agency head is prohibited from entering into a contract
after a determination is made under paragraph (1), that agency head may
subsequently request another determination from the Director of the
Office of Management and Budget under that paragraph.
(3) The Director of the Office of Management and Budget shall--
(A) promptly after making a determination as to whether an
agency is making substantial progress under paragraph (1),
publish that determination in the Federal Register; and
(B) make that determination available to the public--
(i) upon request; and
(ii) on the World Wide Web.
(c) Waiver of Suspension.--(1) The Director of the Office of
Management and Budget may waive the applicability of this section to a
contract for services if the Director determines that it is necessary
to do so in the interest of the national security, extraordinary
economic harm, or patient care.
(2) After granting any waiver under this subsection, the Director
of the Office of Management and Budget shall promptly publish a notice
of that waiver in the Federal Register that--
(A) identifies the facilities, units, or activities
affected;
(B) explains the justification for the waiver; and
(C) identifies the duration of the waiver.
(d) GAO Monitoring.--While an agency is operating under a
suspension of contracting authority under subsection (b), the
Comptroller General shall--
(1) monitor the agency's compliance with the requirements
of this Act; and
(2) submit to Congress, every 60 days, a report on the
extent of the agency's compliance with such requirements.
SEC. 4. AGENCY REPORTING SYSTEMS AND REQUIRED REPORTS.
(a) Centralized Reporting System.--Not later than 180 days after
the date of the enactment of this Act, each agency shall establish a
centralized reporting system in accordance with guidance promulgated by
the Office of Management and Budget that allows the agency to generate
periodic reports on the contracting efforts of the agency. Such
centralized reporting system shall be designed to enable the agency to
generate reports on efforts regarding both contracting out and
contracting in.
(b) Reports on Contracting Efforts.--(1) Not later than 180 days
after the date of the enactment of this Act, every agency shall
generate and submit to the Director of the Office of Management and
Budget a report on the contracting efforts of the agency undertaken
during the 2 fiscal years immediately preceding the fiscal year during
which this Act is enacted. Such report shall comply with the
requirements in paragraph (3).
(2) For the current fiscal year and every fiscal year thereafter,
every agency shall complete and submit to the Director of the Office of
Management and Budget a report on the contracting efforts undertaken by
the agency during that fiscal year. The report for a fiscal year shall
comply with the requirements in paragraph (3), and shall be completed
and submitted not later than the end of the first fiscal quarter of the
subsequent fiscal year.
(3) The reports referred to in this subsection shall include the
following information with regard to each contracting effort undertaken
by the agency:
(A) The contract number and the Federal supply class or
service code.
(B) A statement of why the contracting effort was
undertaken and an explanation of what alternatives to the
contracting effort were considered and why such alternatives
were ultimately rejected.
(C) The names, addresses, and telephone numbers of the
officials who supervised the contracting effort.
(D) The competitive process used or the statutory or
regulatory authority relied on to enter into the contract
without public-private competition.
(E) The cost of Federal employee performance at the time
the work was contracted out (if the work had previously been
performed by Federal employees).
(F) The cost of Federal employee performance under the most
efficient organization plan identified for that performance (if
the work was contracted out through OMB Circular A-76).
(G) The anticipated cost of contractor performance, based
on the award.
(H) The current cost of contractor performance.
(I) The actual savings, expressed both as a dollar amount
and as a percentage of the cost of performance by Federal
employees, based on the current cost, and an explanation of the
difference, if any.
(J) A description of the quality control process used by
the agency in connection with monitoring the contracting
effort, identification of the applicable quality control
standards, the frequency of the preparation of quality control
reports, and an assessment of whether the contractor met,
exceeded, or failed to achieve the quality control standards.
(K) The number of employees performing the contracting
effort under the contract and any related subcontracts.
(c) Report on Contracting in Efforts.--(1) For the current fiscal
year and every fiscal year thereafter, every agency shall complete and
submit to the Director of the Office of Management and Budget a report
on the contracting in efforts undertaken by the agency during that
fiscal year. The report for a fiscal year shall comply with the
requirements in paragraph (2), and shall be completed and submitted not
later than the end of the first fiscal quarter of the subsequent fiscal
year.
(2) The reports referred to in paragraph (1) shall include the
following information for each contracting in effort undertaken by the
agency:
(A) A description of the type of work involved.
(B) A statement of why the contracting in effort was
undertaken.
(C) The names, addresses, and telephone numbers of the
officials who supervised the contracting in effort.
(D) The cost of performance at the time the work was
contracted in.
(E) The current cost of performance by Federal employees or
military personnel.
(d) Report on Employee Positions.--Not later than 30 days after the
end of each fiscal year, every agency shall submit to the Office of
Management and Budget a report on the number of Federal employee
positions and positions held by non-Federal employees under a contract
between the agency and an individual or entity that has been subject to
public-private competition during that fiscal year.
(e) Submission of Reports to Congress.--(1) The Office of
Management and Budget shall compile all reports submitted under this
section and submit the reports to the committees referred to under
paragraph (2), not later than 120 days after the end of the applicable
fiscal year.
(2) The reports compiled under this subsection shall be submitted
to the Committee on Government Reform of the House of Representatives
and to the Committee on Governmental Affairs of the Senate.
(f) Publication.--The Director of the Office of Management and
Budget shall promptly publish in the Federal Register notices including
a description of when the reports referred to in this section are
available to the public and the names, addresses, and telephone numbers
of the officials from whom the reports may be obtained.
(g) Availability on Internet.--After the excision of proprietary
information, the reports referred to in this section shall be made
available through the Internet.
(h) Review.--The Director of the Office of Management and Budget
shall review the reports referred to in this section and consult with
the head of the agency regarding the content of such reports.
SEC. 5. REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.
(a) In General.--(1) After the date of the enactment of this Act
and in accordance with section 3, any decision by an agency to initiate
or continue a privatization, outsourcing, contracting in, or
contracting out (including any continuation by the exercise of an
option, extension, or renewal) for the performance of a function shall
be based on the results of a public-private competition process that--
(A) formally compares the costs of Federal employee
performance of the function with the costs of the performance
by a contractor;
(B) employs the most efficient organization process
described in OMB Circular A-76; and
(C) is conducted in consultation or through bargaining with
the exclusive representative of the Federal employees
performing the function, if applicable.
(2) This subsection applies only to contracting efforts undertaken
on or after the date of the enactment of this Act.
(b) Determination of Costs.--(1) An agency shall commence or
continue the performance of a function by Federal employees if, under a
cost comparison performed under a public-private competition process
described in subsection (a), the agency determines that at least a 10-
percent cost savings would not be achieved by performance of the
function by a contractor.
(2) During the suspension established in section 3 of this Act, an
agency may undertake a contracting effort made under the issuance of a
waiver granted under section 3 for a function that is not currently
performed by Federal employees if the agency has determined the total
cost to the agency of performing the function by a contractor and the
total cost to the agency of having those services performed by Federal
employees and that the contractor performance costs are less than the
Federal employee performance costs.
(c) Inapplicability of Certain Limitation.--Notwithstanding any
limitation on the number of Federal employees established by law,
regulation, or policy, an agency may continue to employ, or may hire,
such Federal employees as are necessary to perform work acquired
through public-private competition required by this section.
SEC. 6. REVIEW OF CONTRACTOR PERFORMANCE.
(a) In General.--If a report completed under section 4 indicates
that, for 2 consecutive years, the actual cost of privatization,
outsourcing, contracting in, or contracting out of a particular
function exceeds the anticipated cost of contractor performance, based
on the award (referred to in section 4(b)(3)(G)), or fails to
substantially meet quality control standards (referred to in section
4(b)(3)(J)), the agency shall either conduct a new public-private
competition or convert the function to performance by Federal employees
not later than the earlier of the date of the expiration of the
contract or the beginning of the first fiscal year which is not more
than 12 months after the initial determination that the cost of a
contracting effort exceeds the anticipated cost of contractor
performance or that quality standards have not been substantially met.
Any resulting terminations for convenience may be undertaken without
cost to the United States Government. This subsection applies only to
contracting efforts undertaken on or after the date of the enactment of
this Act.
(b) Public-Private Competition.--For each fiscal year, an agency
shall subject to public-private competition an equivalent number of
Federal employee positions and positions held by non-Federal employees
under a contract between an agency and an individual or entity.
(c) Inapplicability of Certain Limitation.--Notwithstanding any
limitation on the number of Federal employees established by law,
regulation, or policy, an agency may continue to employ or may hire
such Federal employees as are necessary to perform work acquired
through public-private competition required by this section.
SEC. 7. SURVEY OF WAGES AND BENEFITS PROVIDED BY CONTRACTORS.
(a) Requirement To Conduct Survey.--Using information provided by
agencies, the Secretary of Labor shall conduct a survey of the wages
and quantifiable benefits provided by contractors to non-Federal
personnel working in various occupations under contracts between
agencies and individuals or entities that were entered into during the
2 fiscal years immediately preceding the date of the enactment of this
Act.
(b) Review.--(1) The Director of the Office of Personnel Management
shall--
(A) review the analysis prepared by the Secretary of Labor
under subsection (a) and determine the extent to which the
wages and quantifiable benefits paid by contractors are
comparable to the wages and quantifiable benefits earned by
Federal employees; and
(B) issue a report on the findings of the review.
(2) Not later than 180 days after the date of the enactment of this
Act, the report shall be submitted to the Committee on Government
Reform of the House of Representatives and to the Committee on
Governmental Affairs of the Senate, and published in the Federal
Register.
(c) Guidance.--The Director of the Office of Management and Budget
shall issue guidance to implement this section.
SEC. 8. COMPTROLLER GENERAL REPORTS.
The Comptroller General shall report to the Committee on Government
Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate every 60 days after the date of the
enactment of this Act on the compliance by agencies with the
requirements of this Act.
SEC. 9. APPLICABILITY.
This Act does not apply with respect to the following:
(1) The General Accounting Office.
(2) Depot-level maintenance and repair of the Department of
Defense (as defined in section 2460 of title 10, United States
Code). | (Sec. 3) Prohibits agency heads from entering any service contracts until the OMB Director: (1) determines that the agency is making substantial progress toward meeting the requirements in the certification; or (2) waives suspension of contracting authority in the interest of national security, extraordinary economic harm, or patient care. Requires the Comptroller General to monitor the compliance of any agency operating under a suspension of contracting authority.
(Sec. 4) Requires each agency to establish, according to OMB guidelines, a centralized reporting system with respect to both contracting out and contracting in. Specifies frequency and contents on such reports.
Requires every agency to file a separate annual report on the number of Federal employee positions and positions held by non-Federal employees under a contract that has been subject to public-private competition during the past fiscal year.
Requires OMB to compile and submit all such reports to specified congressional committees for eventual publication on the Internet.
(Sec. 5) Requires any agency decision to initiate or continue a privatization, outsourcing, contracting in, or contracting out for the performance of a function to be based on the results of a public-private competition process meeting certain requirements.
Requires an agency to commence or continue the performance of a function by Federal employees if, under a specified cost comparison, the agency determines that at least a ten-percent cost savings would not be achieved by contractor performance of the function.
(Sec. 6) Requires an agency either to conduct a new public-private competition or to convert the function to Federal employee performance, if a report indicates that, for two consecutive years, the actual cost of privatization, outsourcing, contracting in, or contracting out of a particular function exceeds the anticipated cost of contractor performance, or fails substantially to meet quality control standards. States that any resulting terminations for convenience may be undertaken without cost to the U.S. Government.
Requires an agency to subject to public-private competition each fiscal year an equivalent number of Federal employee positions and positions held by non-Federal employees under a contract.
(Sec. 7) Directs the Secretary of Labor to survey the wages and quantifiable benefits provided by contractors to non-Federal personnel working in various occupations under contracts entered into during the two fiscal years immediately preceding enactment of this Act. Requires the OMB Director to review the survey and report to specified congressional committees on the extent to which the wages and quantifiable benefits paid by contractors are comparable to the wages and quantifiable benefits earned by Federal employees. | {"src": "billsum_train", "title": "Truthfulness, Responsibility, and Accountability in Contracting Act of 2000"} | 3,812 | 592 | 0.59042 | 1.904838 | 0.646564 | 4.905738 | 7.522541 | 0.938525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Pay Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court in Ledbetter v. Goodyear Tire &
Rubber Co., No. 05-1074 (May 29, 2007), significantly impairs
statutory protections against discrimination in compensation
that Congress established and that have been bedrock principles
of American law for decades. The Ledbetter decision undermines
those statutory protections by unduly restricting the time
period in which victims of discrimination can challenge and
recover for discriminatory compensation decisions or other
practices, contrary to the intent of Congress.
(2) The limitation imposed by the Court on the filing of
discriminatory compensation claims ignores the reality of wage
discrimination and is at odds with the robust application of
the civil rights laws that Congress intended.
(3) With regard to any charge of discrimination under any
law, nothing in this Act is intended to preclude or limit an
aggrieved person's right to introduce evidence of an unlawful
employment practice that has occurred outside the time for
filing a charge of discrimination.
(4) Nothing in this Act is intended to change the law in
effect as of May 28, 2007, concerning the treatment of when
pension benefits are considered paid.
SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN.
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
``(3)(A) For purposes of this section, an unlawful employment
practice occurs, with respect to discrimination in compensation in
violation of this title, when a discriminatory compensation decision or
other practice is adopted, when an individual becomes subject to a
discriminatory compensation decision or other practice, or when an
individual is affected by application of a discriminatory compensation
decision or other practice, including each time wages, benefits, or
other compensation is paid, resulting in whole or in part from such a
decision or other practice.
``(B) Liability may accrue and (in addition to any relief
authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a)),
an aggrieved person may obtain relief as provided in subsection (g)(1),
including recovery of back pay for up to 2 years preceding the filing
of the charge, in an action under this title concerning an unlawful
employment practice with regard to discrimination in compensation,
where the unlawful employment practice that has occurred during the
charge filing period is similar or related to an unlawful employment
practice with regard to discrimination in compensation that occurred
outside the charge filing period.''.
SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.
Section 7(d) of the Age Discrimination Act of 1967 (29 U.S.C.
626(d)) is amended--
(1) in the first sentence--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(B) by striking ``(d)'' and inserting ``(d)(1)'';
(2) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(3) by adding at the end the following:
``(3) For purposes of this section, an unlawful practice occurs,
with respect to discrimination in compensation in violation of this
Act, when a discriminatory compensation decision or other practice is
adopted, when a person becomes subject to a discriminatory compensation
decision or other practice, or when a person is affected by application
of a discriminatory compensation decision or other practice, including
each time wages, benefits, or other compensation is paid, resulting in
whole or in part from such a decision or other practice.''.
SEC. 5. APPLICATION TO OTHER LAWS.
(a) Americans With Disabilities Act of 1990.--The amendments made
by section 102 shall apply to claims of discrimination in compensation
brought under title I and section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Rehabilitation Act of 1973.--The amendments made by section 102
shall apply to claims of discrimination in compensation brought under
sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794), pursuant to--
(1) sections 501(g) and 504(d) of such Act (29 U.S.C.
791(g), 794(d)), respectively, which adopt the standards
applied under title I of the Americans with Disabilities Act of
1990 for determining whether a violation has occurred in a
complaint alleging employment discrimination; and
(2) paragraphs (1) and (2) of section 505(a) of such Act
(29 U.S.C. 794a(a)) (as amended by subsection (c)).
(c) Conforming Amendments.--
(1) Rehabilitation act of 1973.--Section 505(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--
(A) in paragraph (1), by inserting after ``(42
U.S.C. 2000e-5 (f) through (k))'' the following: ``(and
the application of section 706(e)(3) (42 U.S.C. 2000e-
5(e)(3)) to claims of discrimination in
compensation)''; and
(B) in paragraph (2), by inserting after ``1964''
the following: ``(42 U.S.C. 2000d et seq.) (and in
subsection (e)(3) of section 706 of such Act (42 U.S.C.
2000e-5), applied to claims of discrimination in
compensation)''.
(2) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at
the end the following--
``(f) Section 706(e)(3) shall apply to complaints of discrimination
in compensation under this section.''.
(3) Age discrimination act of 1967.--Section 15(f) of the
Age Discrimination in Employment Act of 1967 (29 U.S.C.
633a(f)) is amended by striking ``of section'' and inserting
``of sections 7(d)(3) and''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect as if
enacted on May 28, 2007 and apply to all claims of discrimination in
compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), title I and section 503 of the Americans with
Disabilities Act of 1990, and sections 501 and 504 of the
Rehabilitation Act of 1973, that are pending on or after that date. | Fair Pay Restoration Act - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to the decision or practice, or when an individual is affected by application of the decision or practice, including each time compensation is paid. Accrues liability, and allows an aggrieved person to obtain relief including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practice that has occurred during the charge filing period is similar or related to a practice that occurred outside the charge filing period.
Applies certain amendments made by this Act to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time compensation is paid. | {"src": "billsum_train", "title": "A bill to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to clarify that an unlawful practice occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice, and for other purposes."} | 1,672 | 231 | 0.597239 | 1.819058 | 0.986992 | 5.538835 | 6.878641 | 0.956311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Construction Lending
Act''.
SEC. 2. RESIDENTIAL CONSTRUCTION LOAN GUARANTEE PROGRAM.
(a) Establishment.--There is established within the Department of
the Treasury a program to be known as the ``Residential Construction
Loan Guarantee Program'' (hereinafter referred to in this section as
the ``Loan Guarantee Program'').
(b) Loan Guarantee Program.--
(1) Purpose.--The purpose of the Loan Guarantee Program is
to guarantee loans made to eligible home building companies for
viable building projects.
(2) Application.--An insured depository institution that
wishes to make loans that are guaranteed under the Loan
Guarantee Program may submit an application to the Secretary in
such form and manner and containing such information as the
Secretary may require.
(3) Selection criteria.--
(A) In general.--The Secretary shall approve any
insured depository institution submitting a full and
complete application under paragraph (2) for
participation in the Loan Guarantee Program, and shall
guarantee loans on a first-come-first-served basis.
(B) Submission of loans.--Insured depository
institutions approved for participation in the Loan
Guarantee Program shall submit each loan made by such
institution as part of the Loan Guarantee Program to
the Secretary so the Secretary may confirm that such
loan complies with the requirements of this section.
(4) Oversight.--
(A) Loan terms.--Not later than 7 days after a loan
guaranteed under the Loan Guarantee Program is
originated, the insured depository institution making
such loan shall submit all information about the terms
and conditions of such loan to the Secretary.
(B) Suspension and termination authority.--
Notwithstanding paragraph (3), the Secretary shall, not
less than yearly, review all of the loans made by each
insured depository institution that are guaranteed
under the Loan Guarantee Program, and may suspend or
terminate any insured depository institution's future
participation in the Loan Guarantee Program if the
Secretary finds that such institution has engaged in
fraud or abuse with respect to the Loan Guarantee
Program, or has consistently made loans guaranteed
under the Loan Guarantee Program that are not repaid by
the borrower in accordance with the terms of the loan.
(5) Loan eligibility.--A loan may only be guaranteed under
the Loan Guarantee Program if it meets the following criteria:
(A) Viable building project.--The loan must be made
for a viable building project, as determined by the
Secretary. In making such determination, the Secretary
shall consider housing demand, local government
support, percentage of workforce, and speculative
units.
(B) Eligible home building company.--The loan must
be made to an eligible home building company, as
determined by the Secretary. In making such
determination, the Secretary shall consider whether
such company is creditworthy, reputable, and has a
record of successful residential building projects.
(C) Loan guarantee amount limitation.--The eligible
home building company, or its principals, must have a
minimum net worth equal to the loan amount to be
guaranteed.
(D) Use of loan.--The loan may only be used for the
acquisition, development, and construction of
residential developments that have locally approved
development plans and that create immediate job
opportunities.
(E) Term requirements.--
(i) In general.--The term of the loan shall
be for no more than 5 years, but may have an
option to extend.
(ii) Loan amount limitations.--The loan
shall be for an amount not to exceed--
(I) 75 percent loan-to-value on the
land;
(II) 100 percent for construction
and development costs; and
(III) 80 percent of the market
value of the building project.
(F) Interest rates.--Notwithstanding the provisions
of the constitution of any State or the laws of any
State limiting the rate or amount of interest which may
be charged, taken, received, or reserved, the maximum
legal rate of interest on the loan may not
substantively differ from the current average market
yield on outstanding marketable obligations of similar
privately held loans with remaining periods to maturity
comparable to such loan.
(6) Multiple guarantees permitted; aggregate dollar amount
limitation.--A single eligible home building company is
permitted to have more than one loan guaranteed under the Loan
Guarantee Program, but the aggregate amount of all such loans
guaranteed for a single eligible home building company may not
exceed the net worth of such company. The Secretary may exempt
an eligible home building company from the net worth limitation
of this paragraph if the Secretary determines doing so will
advance the purpose of this Loan Guarantee Program.
(7) Government guarantee.--
(A) Level of participation.--Loans guaranteed under
the Loan Guarantee Program shall be guaranteed at 80
percent of the loan amount.
(B) Payment of accrued interest.--
(i) In general.--Any insured depository
institution making a claim for payment on the
guaranteed portion of a loan guaranteed under
the Loan Guarantee Program shall be paid the
accrued interest due on the loan from the
earliest date of default to the date of payment
of the claim at a rate not to exceed the rate
of interest on the loan on the date of default,
minus one percent.
(ii) Loans sold on secondary market.--If a
loan described under clause (i) is sold on the
secondary market, the amount of interest paid
to an insured depository institution described
in that clause from the earliest date of
default to the date of payment of the claim
shall be no more than the agreed upon rate,
minus one percent.
(iii) Interest rate.--The rate of interest
to be paid on a claim for payment on the
guaranteed portion of a loan guaranteed under
the Loan Guarantee Program shall be established
commensurate with Federal Housing
Administration rates, based on safety and
soundness.
(8) One-third of guarantees to be made in areas with
greatest unmet need.--Notwithstanding any other provision of
this section, not less than one-third of the funds made
available under this section to guarantee loans shall be used
to guaranteed loans in areas of the United States that have the
greatest unmet need for residential construction financing, as
determined by the Secretary.
(9) Regulations.--The Secretary shall promulgate any
regulations needed to carry out this section through a notice
and public comment period of not more than 60 days.
(c) Definitions.--For purposes of this section:
(1) Insured depository institution.--The term ``insured
depository institution'' has the meaning given such term under
section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)(2)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $15,000,000,000 to carry out this
section.
(e) Termination of Authority.--The Secretary's authority to make
new loan guarantees under the Loan Guarantee Program shall terminate
after the 3-year period beginning on the date of the enactment of this
section. | Residential Construction Lending Act - Establishes within the Department of the Treasury a three-year Residential Construction Loan Guarantee Program to guarantee loans made to eligible home building companies for viable building projects.
Directs the Secretary of the Treasury to: (1) approve any insured depository institution submitting a full and complete application for participation in the Program; (2) guarantee the loans on a first-come-first-served basis; and (3) review yearly all loans made by each insured depository institution that are guaranteed under the Program.
Authorizes the Secretary to suspend or terminate any insured depository institution's future participation in the Program if that institution has engaged in fraud or abuse with respect to it, or has consistently made loans guaranteed under the Program that are not repaid by the borrower in accordance with the loan terms.
Sets forth loan eligibility criteria that include restricting loans to the acquisition, development, and construction of residential developments that have locally approved development plans and that create immediate job opportunities.
Permits multiple loan guarantees, with a federal guarantee at 80% of each loan.
Requires one-third of guarantees to be made in areas with the greatest unmet need for residential construction financing. | {"src": "billsum_train", "title": "To establish the Residential Construction Loan Guarantee Program to guarantee loans made to eligible home building companies for viable building projects."} | 1,549 | 253 | 0.750997 | 2.217543 | 0.893667 | 4.63913 | 6.217391 | 0.943478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nexus of Energy and Water for
Sustainability Act of 2015'' or the ``NEWS Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee or subcommittee.--The term ``Committee or
Subcommittee'' means the Committee on the Nexus of Energy and
Water for Sustainability (or the ``NEWS Committee'') or the
Subcommittee on the Nexus of Energy and Water for
Sustainability (or the ``NEWS Subcommittee''), whichever is
established by section 3(a).
(2) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(3) Energy-water nexus.--The term ``energy-water nexus''
means the links between--
(A) the water needed to produce fuels, electricity,
and other forms of energy; and
(B) the energy needed to transport, reclaim, and
treat water and wastewater.
(4) Grand challenges.--The term ``Grand Challenges'' means
the 21st Century Grand Challenges program coordinated by the
Office of Science and Technology Policy.
(5) NSTC.--The term ``NSTC'' means the National Science and
Technology Council.
(6) RD&D activities.--The term ``RD&D activities'' means
research, development, and demonstration activities.
SEC. 3. INTERAGENCY COORDINATION COMMITTEE.
(a) Establishment.--The Director shall establish either a committee
or a subcommittee under the NSTC, to be known as either the Committee
on the Nexus of Energy and Water for Sustainability (or the ``NEWS
Committee'') or the Subcommittee on the Nexus of Energy and Water for
Sustainability (or the ``NEWS Subcommittee''), to carry out the duties
described in subsection (c).
(b) Administration.--
(1) Chairs.--The Secretary of Energy and Secretary of the
Interior shall serve as co-chairs of the Committee or
Subcommittee.
(2) Membership; staffing.--Membership and staffing shall be
determined by the NSTC.
(c) Duties.--The Committee or Subcommittee shall--
(1) serve as a forum for developing common Federal goals
and plans on energy-water nexus RD&D activities;
(2) not later than 1 year after the date of enactment of
this Act, and biannually thereafter, issue a strategic plan on
energy-water nexus RD&D activities priorities and objectives;
(3) promote coordination of the activities of Federal
departments and agencies on energy-water nexus RD&D activities,
including the activities of--
(A) the Department of Energy;
(B) the Department of the Interior;
(C) the Corps of Engineers;
(D) the Department of Agriculture;
(E) the Department of Defense;
(F) the Department of State;
(G) the Environmental Protection Agency;
(H) the Council on Environmental Quality;
(I) the National Institute of Standards and
Technology;
(J) the National Oceanic and Atmospheric
Administration;
(K) the National Science Foundation;
(L) the Office of Management and Budget;
(M) the Office of Science and Technology Policy;
and
(N) such other Federal departments and agencies as
the Director or the Committee or Subcommittee consider
appropriate; and
(4)(A) coordinate and develop capabilities and
methodologies for data collection, management, and
dissemination of information related to energy-water nexus RD&D
activities from and to other Federal departments and agencies;
and
(B) promote information exchange between Federal
departments and agencies--
(i) to identify and document Federal and non-
Federal programs and funding opportunities that support
basic and applied research, development, and
demonstration proposals to advance energy-water nexus
related science and technologies;
(ii) if practicable, to leverage existing programs
by encouraging joint solicitations, block grants, and
matching programs with non-Federal entities; and
(iii) to identify opportunities for domestic and
international public-private partnerships, innovative
financing mechanisms, information and data exchange,
and Grand Challenges.
(d) No Regulation.--Nothing in this section grants to the Committee
or Subcommittee (including the members of the Committee or
Subcommittee) the authority to promulgate regulations or set standards.
(e) Review; Report.--At the end of the 10-year period beginning on
the date on which the Committee or Subcommittee is established, the
Director--
(1) shall review the activities, relevance, and
effectiveness of the Committee or Subcommittee; and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Science, Space, and
Technology, Energy and Commerce, and Natural Resources of the
House of Representatives, a report describing the results of
the review conducted under paragraph (1) and a recommendation
on whether the Committee or Subcommittee should continue.
SEC. 4. CROSSCUT BUDGET.
Not later than 30 days after the President submits the budget of
the United States Government under section 1105 of title 31, United
States Code, the Director of the Office of Management and Budget shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committees on Science, Space, and Technology, Energy and
Commerce, and Natural Resources of the House of Representatives, an
interagency budget crosscut report that displays at the program-,
project-, and activity-level for each of the Federal agencies that
carry out or support (including through grants, contracts, interagency
and intraagency transfers, multiyear and no-year funds) basic and
applied RD&D activities to advance the energy-water nexus related
science and technologies--
(1) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(2) expenditures and obligations for the prior fiscal year;
and
(3) estimated expenditures and obligations for the current
fiscal year. | Nexus of Energy and Water for Sustainability Act of 2015 or the NEWS Act of 2015 This bill requires the Office of Science and Technology Policy to establish either a Committee or a Subcommittee on the Nexus of Energy and Water for Sustainability (NEWS) under the National Science and Technology Council (NSTC). The Secretary of Energy (DOE) and Secretary of the Interior must serve as co-chairs. The term "energy-water nexus" means the links between: (1) the water needed to produce energy; and (2) the energy needed to transport, reclaim, and treat water and wastewater. The NEWS Committee or Subcommittee shall: serve as a forum for developing common federal goals and plans on energy-water nexus research, development, and demonstration activities; issue a strategic plan on the priorities and objectives of those activities; promote coordination of the related activities of federal departments and agencies; coordinate and develop capabilities and methodologies for data collection, management, and dissemination of information related to those activities from and to other federal departments and agencies; promote information exchange between federal departments and agencies; and review its activities, relevance, and effectiveness 10 years after it is established and report on the results of the review. The Office of Management and Budget must submit a report that displays for each agency that carries out or supports basic and applied research, development, and demonstration activities to advance energy-water nexus-related science and technologies: (1) the budget proposed in the President's budget request for the upcoming fiscal year, (2) expenditures and obligations for the prior fiscal year, and (3) estimated expenditures and obligations for the current fiscal year. | {"src": "billsum_train", "title": "NEWS Act of 2015"} | 1,363 | 355 | 0.734693 | 2.438211 | 0.813047 | 4.838415 | 3.661585 | 0.929878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Low-Emission Authorization
Nationwide (CLEAN) Ports Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the United States Census Bureau, United
States ports handled $3.95 trillion in international trade for
an all-encompassing range of goods and services in fiscal year
2007, with nearly 1.4 billion tons, valued at $1.4 trillion, in
waterborne imports and exports alone.
(2) According to the United States Census Bureau, United
States ports generated more than $23.2 billion in United States
Customs duty revenues in fiscal year 2007, representing 70
percent of all Customs duties collected.
(3) According to the Environmental Protection Agency, the
transportation sector accounted for about 27 percent of the
total United States greenhouse gas emissions in 2003, up from
24.8 percent in 1990.
(4) According to the California Air Resources Board's
Diesel Particulate Matter Exposure Assessment, which includes
our Nation's largest port complex, marine emissions account for
30 percent of all diesel particulate matter in California.
(5) According to a 2009 report published in Environmental
Science and Technology, at least 2,000 to 5,000 premature
deaths per year in the continental United States are caused by
particulate pollution from oceangoing vessels.
(6) According to the Department of Energy, transportation
energy use is expected to increase 48 percent between 2003 and
2025, despite modest improvements in the efficiency of vehicle
engines.
(7) According to a recent study conducted by the National
Oceanic and Atmospheric Administration, it is estimated that
0.9 teragrams, or about 2.2 million pounds, of particle
pollution are emitted each year from shipping vessels on a
global basis.
(8) Using on-dock clean technologies such as smoke stack
filtration, cold ironing, and low-emission port vehicles can
remove up to 95 percent of nitrogen oxides, sulfur oxides, and
particulate matter from the engines and boilers of vessels
while at berth.
(9) Using low-emission rail yard locomotives can cut air
emissions by up to 80 percent and reduce diesel fuel use by 16
percent compared to conventional diesel-powered locomotives
used in switching service.
(10) In the past years, the Nation's busiest port complex,
the Ports of Los Angeles and Long Beach, have achieved major
pollution reductions through the implementation of clean port
technologies. Examples include the percent of vessel calls that
switched to a cleaner fuel for auxiliary engines at berth, 100
percent in 2007 as compared to 14 percent in 2005, and over 30
percent reduction in particulate matter emissions in just two
years. Both ports are on target of cutting diesel-related
particulate matter (PM) pollution by more than 47 percent,
sulfur oxides (SOx) by more than 52 percent, and smog forming
nitrogen oxide (NOx) emissions by more than 45 percent within
the next five years.
(11) It is in the national interest of the United States to
encourage and facilitate the acquisition and use of fuel
efficient and low emission technologies and vehicles to reduce
fuel use and pollution at and near ports, and enact
environmentally friendly shipping regulations such as lowering
vessel speeds coming into and out of ports, which mitigate the
environmental damage to the air quality in and around America's
port communities.
SEC. 3. CLEAN TECHNOLOGY AND VEHICLES AT SEAPORTS.
(a) Competitive Grants.--
(1) In general.--The Secretary of Transportation shall
develop and administer competitive grants for seaport governing
bodies, including harbor commissions and port authorities.
(2) Eligibility.--To be eligible for a grant under
paragraph (1), a seaport governing body shall--
(A) demonstrate to the Secretary the need for the
grant;
(B) demonstrate how the funding will be used;
(C) specify what environmental, air quality, and
fuel use reduction benefits will result from the
project for which the funding is sought; and
(D) specify how the programs or equipment will
work, including the amount of the grant funding that
would be distributed to each project.
(3) Preference.--In awarding grants under this section, the
Secretary shall give preference to seaport governing bodies who
can demonstrate a pattern of successful implementation of
energy use and pollution reduction activities.
(b) Purposes.--Funds made available under this section may be used
for the following purposes:
(1) Maritime purposes.--
(A) The purchase of low-sulfur burning fuels to be
used within a 40 mile radius of seaports.
(B) The purchase of smokestack filtration systems
to be used on vessel smokestacks while at berth.
(C) The purchase of ``Cold-ironing or Ship-to-
Shore'' electrical power equipment to plug into vessels
while at berth.
(D) The purchase of hybrid tug boats.
(2) On-dock transportation.--
(A) The building or expansion of preexisting on-
dock rail systems.
(B) The purchase of low-emission rail yard
locomotives.
(C) The purchase or retrofit of fuel efficient or
low-carbon emitting port vehicles such as trucks,
forklifts, and front-end loaders.
(D) The purchase of diesel-electric container yard
cranes.
(3) Research and development.--Up to 10 percent of the
amounts appropriated for carrying out this section may be used
to fund research and development of fuel efficient port vehicle
or vessel technologies that--
(A) reduce carbon dioxide emissions;
(B) increase fuel efficiency in local port fleets;
and
(C) lead to the increased production of fuel
efficient or clean vehicles from the American
manufacturing industry.
(4) Monitoring equipment.--The purchase or retrofitting of
preexisting air monitoring equipment that measures the level of
air pollution such as sulfur dioxide, nitrogen dioxide, and
carbon monoxide in and around ports.
(c) Federal Share.--The Federal share of the cost of activities for
which a grant is made under this section shall not exceed 90 percent.
(d) Application for Grants.--The Secretary of Transportation shall
develop an application process for grants under this section within 120
days after the date of enactment of this Act.
(e) Report to Congress.--Not later than December 31, 2011, and
annually thereafter during the term of the competitive grant program,
the Secretary of Transportation shall submit to Congress a report on
applications submitted, activities approved for funding, and the
results of the competitive grant program, including the effects of the
program on mitigating environmental damage.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for
carrying out this section. | Clean Low-Emission Authorization Nationwide (CLEAN) Ports Act of 2009 - Directs the Secretary of Transportation to award competitive grants to seaport governing bodies (including harbor commissions and port authorities) for the acquisition of fuel efficient and low-emission equipment and systems at port facilities, with a preference to seaport governing bodies that can demonstrate a pattern of successful implementation of energy use and pollution reduction activities.
Sets aside up to 10% of federal funding to carry out this Act for research and development of fuel efficient port vehicle or vessel technologies that reduce carbon dioxide emissions, increase fuel efficiency in local port fleets, and lead to increased domestic production of fuel efficient or clean vehicles.
Sets the federal share of costs for such activities at no more than 90%. | {"src": "billsum_train", "title": "To provide for a competitive program making grants to seaport governing bodies for the acquisition of fuel efficient and low emission equipment and systems at port facilities."} | 1,450 | 161 | 0.451032 | 1.375823 | 0.585865 | 3.821918 | 9.40411 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Relief Tax Check-Off for
Our Armed Forces Act of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) A significant number of America's military service men
and women and their immediate families have suffered severe
economic hardships as a result of injuries sustained in the
course of their service.
(2) The various military relief societies have provided
essential support for military members facing economic
hardship.
(3) The numbers and needs of United States service members
and their families far exceed the resources available to these
military relief societies.
(4) The American people strongly support the creation of a
tax check-off on their annual Federal tax return devoted to
emergency relief for members of the Armed Forces and their
families.
(b) Purpose.--It is the purpose of this Act to bring greater
awareness of the personal and financial hardships of members of the
Armed Forces of the United States, military retirees, and veterans, as
well as their family members, as they serve our Nation and to provide a
mechanism which will enable taxpayers to contribute in an effort to
alleviate such hardships.
SEC. 3. TAX CHECK-OFF FOR CERTAIN CONTRIBUTIONS TO ARMED FORCES RELIEF
TRUST.
(a) Tax Check-Off.--
(b) In General.--In the case of an individual, with respect to each
taxpayer's return for the taxable year of the tax imposed by chapter 1,
such individual may designate that a contribution has been made for
such taxable year to the Armed Forces Relief Trust.
(c) Manner and Time of Designation.--A designation under paragraph
(1) may be made with respect to any taxable year only at the time of
filing the return of the tax imposed by chapter 1 for such taxable
year. Such designation shall be made in such manner as the Secretary
prescribes by regulations except that such designation shall be made on
the first page of the return in the area below the designation for
income tax payments to the Presidential Election Campaign Fund.
(d) Explanation of Tax Treatment of Contributions to Armed Forces
Relief Trust.--The Secretary shall provide taxpayers with an
explanation that an above-the-line deduction under section 62(a)(22) of
the Internal Revenue Code of 1986 is allowed for any taxable year with
respect to any contribution designated under paragraph (1) for such
taxable year in an amount not to exceed $1,000, that any amount of such
contribution in excess of $1,000 may be taken as an additional
deduction for such taxable year by any taxpayer who itemizes
deductions, and that such above-the-line deduction is not includible in
the determination of the alternative minimum tax under section 55 of
such Code.
SEC. 4. ABOVE-THE-LINE DEDUCTION.
Section 62(a) of the Internal Revenue Code of 1986 (defining
adjusted gross income) is amended by redesignating paragraph (20) (as
added by section 703(a) of the American Jobs Creation Act of 2004) as
paragraph (21) and by inserting after paragraph (21) (as so
redesignated) the following new paragraph:
``(v) Certain Contributions to Armed Forces Relief Trust.--The
deduction allowed by section 170 which is attributable to contributions
to the Armed Forces Relief Trust not in excess of $1,000.''.
SEC. 5. TREATMENT OF CHARITABLE CONTRIBUTIONS TO ARMED FORCES RELIEF
TRUST.
(a) In General.--Notwithstanding any other provision of law, any
contribution made by any of the societies associated with the Armed
Forces Relief Trust shall not be commingled with any charitable
contribution made to the Trust Fund for which a deduction under section
170 of the Internal Revenue Code of 1986 is allowable.
(b) Administration of Charitable Contributions.--The administration
and distribution of any charitable contributions described in paragraph
(1) shall be made by the Armed Forces Relief Trust subject to the
advice of a board of directors the establishment and operation of which
is determined under section 6.
SEC. 6. ADVISORY BOARD OF DIRECTORS.
(a) Appointment.--
(1) In general.--Within the Armed Forces Relief Trust there
is established an advisory board of directors the members of
which are appointed as follows:
(A) One individual appointed by the Chairman of the
Committee on Finance of the Senate.
(B) One individual appointed by the Chairman of the
Committee on Armed Services of the Senate.
(C) One individual appointed by the Chairman of the
Committee on Veterans' Affairs of the Senate.
(D) One individual appointed by the Chairman of the
Committee on Appropriations of the Senate.
(E) One individual appointed by the Chairman of the
Joint Committee on Taxation.
(F) One individual appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives.
(G) One individual appointed by the Chairman of the
Committee on Veterans' Affairs of the House of
Representatives.
(H) One individual appointed by the Chairman of the
Committee on Appropriations of the House of
Representatives.
(I) One individual appointed by the President from
each of the following: the Army Emergency Relief
Society, the Navy Marine Corps Relief Society, the Air
Force Aid Society, and the Coast Guard Mutual
Assistance Relief Society.
(J) Two individuals appointed by the President from
2 veterans service organizations.
(2) Term.--The term of each member of the advisory board
shall be 3 years, except that any member whose term of office
has expired shall continue to serve until such member's
successor is appointed. No member shall serve more than two 3-
year terms.
(3) Appointment of successors.--The appointment of any
successor member shall be made in the same manner as the
original appointment. If a member dies or resigns before the
expiration of the member's term, a successor shall be appointed
for the unexpired portion of the term in the same manner as the
original appointment.
(4) Prohibition.--No member of the advisory board may be an
employee of the Federal Government.
(b) Chairman; Vice Chairman.--
(1) Designation.--The President shall designate a chairman
for the advisory board. The advisory board shall not later than
its second meeting, by majority vote, designate a vice
chairman, who shall perform the duties of the chairman in the
absence of the chairman.
(2) Duties of chairman.--The chairman shall call the
meetings of the advisory board, propose meeting agendas, chair
the meetings, and establish, with the approval of a majority of
the members, the rules and procedures for such meetings.
(c) Operations of the Board.--The advisory board shall meet semi-
annually, for the purpose of providing ongoing advice to the Armed
Forces Relief Trust regarding the distribution of contributed funds,
policies governing said distribution, and the administrative costs and
operations of the Armed Forces Relief Trust. A majority of the members
shall constitute a quorum. Advisory board members shall serve without
compensation. While performing duties as a member of the advisory
board, each member shall be reimbursed under Federal Government travel
regulations for travel expenses. Such reimbursements and any other
reasonable expenses of the advisory board shall be provided by the
budget of the Executive Office of the President.
(d) Audit.--The General Accountability Office shall audit the
distribution and management of funds of the Armed Forces Relief Trust
on an annual basis to ensure compliance with statutory and
administrative directives. The Comptroller General of the United States
shall report to the advisory board and Congress on the results of such
audit.
(e) Reports.--Within 60 days after its semi-annual meeting, the
advisory board shall submit a written report to the President of its
action, and of its views and recommendations. Any report other than the
semi-annual report, shall, if approved by a majority of the members of
the advisory board, be submitted to the President within 60 days after
such approval.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2004. | Emergency Relief Tax Check-Off for Our Armed Forces Act of 2005 - Provides for a tax check-off on individual income tax returns to designate a contribution to the Armed Forces Relief Trust.
Amends the Internal Revenue Code to allow a tax deduction from gross income (available for taxpayers who do not itemize deductions) for charitable contributions of up to $1,000 to the Trust.
Establishes an advisory board of directors to advise the Trust on the distribution of contributed funds and the management of the Trust. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide taxpayers a tax check-off to designate certain annual contributions to the Armed Forces Relief Trust for an above-the-line deduction not to exceed $1,000, and for other purposes."} | 1,776 | 112 | 0.54419 | 1.427695 | 0.639901 | 3.051546 | 17.051546 | 0.907216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Assertion of Patents
Act''.
SEC. 2. TRANSPARENCY IN ASSERTION OF PATENTS.
(a) Disclosures.--The Federal Trade Commission (referred to in this
Act as the ``Commission'') shall promulgate rules to prohibit unfair or
deceptive acts and practices in the sending of written communication
that states that the intended recipient of the written communication,
or any person affiliated with the intended recipient, is infringing or
may be infringing the patent of and bears liability or owes
compensation to another. Such rules shall establish the disclosures
that a written communication to which this subsection applies must
contain, including--
(1) a detailed description of--
(A) each patent allegedly infringed, including the
patent number; and
(B) each claim of each patent that is allegedly
infringed;
(2) a clear, accurate, and detailed description, such as
the manufacturer and model number, of each product, device,
business method, service, or technology that allegedly
infringes each claim under paragraph (1)(B) or that is covered
by that claim;
(3) a clear, accurate, and detailed description of how a
product, device, business method, service, or technology under
paragraph (2) allegedly infringes a patent or claim under
paragraph (1);
(4) notice to the intended recipient that the intended
recipient may have the right to have the manufacturer under
paragraph (2) defend against the alleged infringement;
(5) a name, an address, and any other contact information
necessary for an intended recipient to determine the identity
of a person with the right to enforce a patent described under
paragraph (1) or with a direct financial interest in a patent
described under paragraph (1), including each owner, co-owner,
assignee, exclusive licensee, and entity with the authority to
enforce the patent, and the ultimate parent entity (as defined
in section 801.1(a)(3) of title 16, Code of Federal
Regulations, or any successor regulation) of each owner, co-
owner, assignee, exclusive licensee, and entity with the
authority to enforce the patent;
(6) a description of any licensing commitment or
obligation, such as reasonable and non-discriminatory terms,
that applies to a patent or claim under paragraph (1);
(7) if compensation is proposed, the method used to
calculate that proposed amount;
(8) each current instance of reexamination or other post-
grant review of each patent described under paragraph (1) at
the Patent and Trademark Office, any past or ongoing litigation
involving the patent, and the status of such review and any
determinations as to the invalidity of the patent or any of its
claims; and
(9) other disclosures that the Commission considers
necessary to carry out the purpose of this Act.
(b) Exemptions.--The rules promulgated by the Commission under
subsection (a) may exempt from any requirement of that subsection
written communication between parties regarding existing licensing
agreements, and any other written communication, that the Commission
determines is not necessary for the protection of consumers or within
the scope of the purposes of this Act.
(c) Unfair or Deceptive Assertions.--The Commission shall
promulgate rules to prohibit unfair or deceptive assertions in written
communication to which subsection (a) applies. Such rules shall specify
the actions that constitute an unfair or deceptive assertion,
including--
(1) an assertion that falsely threatens administrative or
judicial relief will be sought if compensation is not paid or
the infringement is not otherwise resolved;
(2) an assertion that lacks a reasonable basis in fact or
law; and
(3) an assertion that is likely to materially mislead a
reasonable intended recipient.
(d) Consumer Education.--The Commission shall provide education and
awareness to the public regarding unfair or deceptive patent
assertions.
(e) Rulemaking.--The Commission shall promulgate the rules under
this Act in accordance with section 553 of title 5, United States Code.
(f) Enforcement by the Commission.--A violation of a rule
promulgated under this Act shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). The Commission shall enforce 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 person who violates this Act shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(g) Enforcement by State Attorneys General.--
(1) Civil action.--In any case in which the attorney
general of a State, or an official or agency of a State, has
reason to believe that an interest of the residents of that
State has been or is threatened or adversely affected by
engagement of any person subject to a rule promulgated under
this Act in a practice that violates the rule, the attorney
general, official, or agency of the State, as parens patriae,
may bring a civil action on behalf of the residents of the
State in an appropriate district court of the United States--
(A) to enjoin further violation of the rule by the
defendant;
(B) to compel compliance with the rule;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents;
(D) to obtain such further and other relief as the
court considers appropriate; or
(E) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--For purposes of imposing a civil
penalty under paragraph (1)(E), the amount determined
under this paragraph is the amount calculated by
multiplying the number of separate violations of a rule
by an amount not greater than $16,000.
(B) Adjustment for inflation.--Beginning on the
date that the Consumer Price Index is first published
by the Bureau of Labor Statistics that is after 1 year
after the date of enactment of this Act, and each year
thereafter, the amount specified in subparagraph (A)
shall be increased by the percentage increase in the
Consumer Price Index published on that date from the
Consumer Price Index published the previous year.
(3) Intervention by the commission.--
(A) Notice and intervention.--The State shall
provide prior written notice of any civil action under
paragraph (1) to the Commission and provide the
Commission with a copy of its complaint, except in any
case in which such prior notice is not feasible, in
which case the State shall serve such notice
immediately upon commencing such action. The Commission
shall have the right--
(i) to intervene in the civil action;
(ii) upon so intervening, to be heard on
all matters arising in the civil action; and
(iii) to file petitions for appeal of a
decision in the civil action.
(B) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an
action under this subsection during the pendency of
that action against any defendant named in the
complaint of the Commission for any violation of this
Act alleged in the complaint.
(4) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary and other evidence.
(h) Rule of Construction.--Nothing in this Act shall be construed
as limiting or otherwise affecting in any way--
(1) any other authority of the Commission; or
(2) the application of title 35, United States Code, or any
other provision of law relating to patents. | Transparency in Assertion of Patents Act - Directs the Federal Trade Commission (FTC) to promulgate rules prohibiting unfair or deceptive acts and practices in the sending of written communications (commonly referred to as "demand letters") stating that the intended recipient, or any person affiliated with the intended recipient: (1) is infringing, or may be infringing, the patent of another; and (2) bears liability or owes compensation. Requires such rules to establish disclosures that such written communications must contain, including: each claim of each patent allegedly infringed; each product, device, business method, service, or technology that allegedly infringes each claim; a notice that the intended recipient may have the right to have the product manufacturer defend against the infringement; contact information necessary to determine the identity of a person with the right to enforce the patent or with a direct financial interest in the patent, including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, as well as the ultimate parent entity with such authority; any licensing commitment or obligation (such as reasonable and non-discriminatory terms) that applies to the patent or claim; the method used to calculate any proposed compensation; and each current instance of reexamination or other post-grant review of the patent at the U.S. Patent and Trademark Office (USPTO), any litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims. Directs the FTC to: (1) prohibit unfair or deceptive assertions in such written communications, and (2) provide education and awareness to the public regarding deceptive communications. Sets forth the enforcement authority of the FTC and authorizes civil actions by states. Establishes civil penalties applicable to state actions. | {"src": "billsum_train", "title": "Transparency in Assertion of Patents Act"} | 1,813 | 421 | 0.737047 | 2.560745 | 0.859522 | 4.254286 | 4.802857 | 0.905714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache La Poudre River Basin Heritage
Study Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Cache La Poudre River basin contains significant
historical, recreational, scenic, cultural, natural, economic,
and scientific resources; and
(2) sites and structures within the Cache La Poudre River
Basin represent--
(A) the development and management of water
resources critical to the westward expansion of the
Nation; and
(B) the sociocultural evolution of a working river,
from aboriginal tribes through early exploration,
nineteenth century settlement, development of a water
dependent agricultural economy, through the ongoing
transition to present day urban development.
(b) The purposes of this Act are--
(1) to identify and assess the management alternatives
encompassing the resources and themes of western water
development in the United States; and
(2) to evaluate strategies for multiobjective uses and
protection of the Cache La Poudre floodplain through
development of a River Greenway Plan.
SEC. 3. CACHE LA POUDRE RIVER BASIN HERITAGE STUDY.
(a) In General.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') shall prepare a study of alternatives
for the Cache La Poudre River Basin in the State of Colorado. The study
shall include, but not be limited to--
(1) an inventory and assessment of significant cultural,
natural, recreational, and scenic resources throughout the
Cache La Poudre River Basin, using existing information where
available;
(2) an evaluation of properties to determine potential
eligibility for inclusion on the National Register of Historic
Places;
(3) the suitability and feasibility of designating the
Cache La Poudre River Basin as a National Heritage Area;
(4) the identification of themes, resources, and events
which illustrate how settlement of the West was dependent upon
and dictated by the development and management of water;
(5) the development of a Greenway Plan for the floodplain
of the Cache La Poudre River that addresses--
(A) appropriate and compatible recreational
opportunities;
(B) protection of fish and wildlife habitat;
(C) maintenance or improvement of water quality;
(D) protection of wetlands;
(E) maintenance of natural hydrological processes;
(F) maintenance of riparian vegetation; and
(G) flood protection through resource protection
and development;
(6) an evaluation of the demonstration project undertaken
by the Secretary pursuant to subsection (d), including
recommendations for the disposition of any lands acquired
pursuant to such project;
(7) the identification of interpretive opportunities and
methods;
(8) the identification of preservation strategies for
resources located with the Cache La Poudre River Basin; and
(9) management alternatives and funding options for the
implementation of such preservation strategies.
(b) Consultation.--The study referred to in subsection (a) shall be
prepared in consultation with the Cache La Poudre River Basin Heritage
Advisory Commission established pursuant to section 4, affected units
of local governments, and other interested public and private entities.
(c) Report to Congress.--The study shall be completed no later than
two years after the date funds are made available for the purposes of
this section. Upon completion, the Secretary shall transmit such report
to the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Interior and Insular Affairs of the United
States House of Representatives.
(d) Demonstration Project.--(1) In furtherance of the purposes of
this Act, the Secretary, in consultation with the Cache La Poudre River
Heritage Commission established by section 4, is authorized to
undertake a demonstration project to evaluate the potential of using
voluntary land exchanges within the Cache La Poudre River floodplain
(hereinafter referred to as the ``floodplain'') as a means to provide
for the long-term preservation and management of the lands within the
floodplain.
(2) During the period of the study, the Secretary or the head of a
Federal agency is authorized to acquire lands within the floodplain in
Larimer and Weld Counties in the State of Colorado only through
voluntary land exchanges: Provided, That such land exchanges shall be
on an equal value basis, and shall be conducted in accordance with
applicable law.
(3) Lands acquired pursuant to this subsection shall be managed in
a manner that does not preclude the implementation of any management
alternative identified in the study of alternatives or the Greenway
Plan referred to in subsection (a).
(4) Where appropriate, the Secretary shall seek to enter into
memoranda of agreement with other Federal agencies to manage land
administered by such agencies within the floodplain, consistent with
the purposes of this Act.
SEC. 4. CACHE LA POUDRE RIVER BASIN HERITAGE ADVISORY COMMISSION.
(a) Establishment.--There is established the Cache La Poudre River
Basin Heritage Advisory Commission (hereinafter referred to as the
``Commission''), to advise the Secretary on the preparation of the
study referred to in section 3(a).
(b) Membership.--The Commission shall be composed of 15 members
appointed by the Secretary as follows--
(1) the Director of the National Park Service, or the
Director's designee, ex officio;
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service, or the Chief's designee, ex officio;
(3) nine members from recommendations submitted by the
Governor of the State of Colorado, including one member each to
represent--
(A) the State;
(B) Colorado State University;
(C) the Northern Colorado Water Conservancy
District;
(D) the city of Fort Collins;
(E) Larimer County;
(F) the city of Greeley; and
(G) Weld County;
and two members to represent the general public, who reside in
the study area.
(c) Chairperson.--The members of the Commission shall elect a
chairperson from among its members.
(d) Vacancies.--Vacancies on the Commission shall be filled in the
same manner in which the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Compensation.--Members of the Commission shall receive no
compensation on account of their service on the Commission. While away
from their homes or regular places of business in the performance of
services for the Commission, members shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
(g) Waiver.--The provisions of section 14(b) of the Act of October
6, 1972 (86 Stat. 776), are hereby waived with respect to this
Commission.
(h) Annual Reports.--The Commission shall publish and submit to the
Secretary and the Governor of the State of Colorado an annual report
concerning the Commission's activities.
(i) Termination.--The Commission shall terminate upon the
completion of the study referred to in section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Cache La Poudre River Basin Heritage Study Act - Directs the Secretary of the Interior to prepare a study of alternatives for the Cache La Poudre River Basin in Colorado, including: (1) an inventory and assessment of significant cultural, natural, recreational, and scenic resources throughout the Basin; (2) an evaluation of properties to determine potential eligibility for inclusion on the National Register of Historic Places; (3) the suitability and feasibility of designating the Basin as a National Heritage Area; and (4) the identification of preservation strategies for resources located within the Basin, and management alternatives and funding options for the implementation of such strategies.
Authorizes the Secretary to undertake a demonstration project to evaluate the potential of using voluntary land exchanges within the Cache La Poudre River flood plain as a means to provide for the long-term preservation and management of the lands within the floodplain.
Establishes the Cock La Poudre River Basin Heritage Advisory Commission to advise the Secretary on the preparation of the study.
Authorizes appropriations. | {"src": "billsum_train", "title": "Cache La Poudre River Basin Heritage Study Act"} | 1,594 | 220 | 0.702171 | 2.095344 | 0.907534 | 6.882051 | 7.574359 | 0.964103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Health Care Coalition Act of
2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a 2002 survey conducted by the Henry J.
Kaiser Family Foundation, 95 percent of the Americans who
receive their health care coverage through their employer are
enrolled in a managed health care plan, up from 27 percent in
1987. Serious questions have been raised about the quality of
care patients are receiving under these plans.
(2) Changes in the health care industry have led to an
increased concentration of health care plans, including
approximately 177 mergers in the last 13 years. This enhanced
concentration has given health care plans significant leverage
over health care providers and patients.
(3) Antitrust laws which prohibit health care professionals
from negotiating freely with health care plans infringe on the
health care professionals' constitutionally-protected rights of
freedom of association and contract.
(4) Repealing Federal laws which prohibit medical
professionals from negotiating collectively with health care
plans will create a more equal balance of negotiating power,
will promote cooperation, and will enhance the quality of
patient care.
(5) Repealing Federal laws which prohibit medical
professionals from negotiating collectively with health care
plans will not change the professionals ethical duty to
continue to provide medically necessary care to their patients.
SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE
PROFESSIONALS NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any health care professionals who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the professionals provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be exempt from the Federal antitrust laws.
(b) Limitation.--
(1) No new right for collective cessation of service.--The
exemption provided in subsection (a) shall not confer any new
right to participate in any collective cessation of service to
patients not already permitted by existing law.
(2) No change in national labor relations act.-- This
section applies only to health care professionals excluded from
the National Labor Relations Act. Nothing in this section shall
be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any
group of persons under that Act.
(c) No Application to Federal Programs.--Nothing in this section
shall apply to negotiations between health care professionals and
health plans pertaining to benefits provided under any of the
following:
(1) The medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(2) The medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(3) The SCHIP program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(4) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(5) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(6) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(7) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(d) Definitions.--For purposes of this section:
(1) Federal antitrust laws.--The term ``Federal antitrust
laws'' has the meaning the term ``antitrust laws'' in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition.
(2) Health plan and related terms.--
(A) In general.--The term ``health plan'' means a
group health plan or a health insurance issuer that is
offering health insurance coverage.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Health care professional.--The term ``health care
professional'' means an individual who provides health care
items or services, treatment, assistance with activities of
daily living, or medications to patients and who, to the extent
required by State or Federal law, possesses specialized
training that confers expertise in the provision of such items
or services, treatment, assistance, or medications. | Quality Health-Care Coalition Act of 2003 - Exempts from Federal antitrust laws any health care professionals negotiating with a health plan regarding contract terms under which they provide health care items or services for which plan benefits are provided.Declares that this Act applies only to health care professionals excluded from the National Labor Relations Act. | {"src": "billsum_train", "title": "To ensure and foster continued patient safety and quality of care by exempting health care professionals from the Federal antitrust laws in their negotiations with health plans and health insurance issuers."} | 1,120 | 71 | 0.603161 | 1.627682 | 1.416683 | 3.916667 | 16.866667 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Management Reform Act of
2004''.
SEC. 2. AMENDMENT REFERENCES.
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 such section or other provision of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. REPRESENTATION OF THE PUBLIC INTEREST ON REGIONAL FISHERY
MANAGEMENT COUNCILS.
(a) Appointment of Members by Administrator.--
(1) Appointment of members.--Section 302 (16 U.S.C. 1852)
is amended--
(A) by striking ``appointed by the Secretary'' each
place it appears and inserting ``appointed by the
Administrator of the National Oceanic and Atmospheric
Administration'';
(B) in paragraphs (2) and (6) of subsection (b) by
striking ``The Secretary'' each place it appears and
inserting ``The Administrator of the National Oceanic
and Atmospheric Administration'';
(C) in paragraph (5)(A) of subsection (b) by
striking ``The Secretary'' the first and second places
it appears and inserting ``The Administrator of the
National Oceanic and Atmospheric Administration'';
(D) in subsection (b) by striking ``the Secretary''
each place it appears, other than in paragraph (6)(B),
and inserting ``the Administrator''; and
(E) in subsection (b)(2)(B)(iii) by striking ``the
Secretary's'' and inserting ``the Administrator's''.
(2) Application with respect to current members of
councils.--
(A) Appointment not affected.--The amendment made
by paragraph (1)(A) shall not affect any appointment by
the Secretary of Commerce made before the date of the
enactment of this Act.
(B) Removal.--In applying section 302(b)(6) of the
Magnuson-Stevens Fishery Conservation and Management
Act, as amended by this subsection, to a member of a
Regional Fishery Management Council appointed before
the date of the enactment of this Act, ``by the
Secretary'' shall be substituted for ``by the
Administrator''.
(b) Representation by State Officials.--Section 302(b)(1)(A) (16
U.S.C. 1852(b)(1)(A)) is amended by adding at the end the following:
``Such official shall represent the interests of the general public.''.
(c) Allocation of Appointments.--Section 302(b)(2)(B) (16 U.S.C.
1852(b)(2)(B)) is amended in the first sentence--
(1) by striking ``of the active participants'' and
inserting ``among the active participants''; and
(2) by inserting before the period the following: ``and
representatives of the public interest in marine fish
conservation, including individuals who do not derive any of
their annual income from commercial or recreational fishing and
who are knowledgeable regarding the conservation and management
of the fishery resources of the geographic area concerned''.
(d) Consultation by States in Submitting Nominees.--Section
302(b)(2)(C) (16 U.S.C. 1852(b)(2)(C)) is amended--
(1) in the second sentence by inserting ``and
representatives of conservation organizations'' after
``commercial and recreational fishing interests''; and
(2) by striking the third sentence and inserting the
following: ``Each list shall consist of a broad slate of
candidates for each vacancy, shall include at least two
representatives from each of the commercial fishing industry
sector, the recreational fishing sector, and the marine fish
conservation public interest sector who do not derive any of
their annual income from commercial or recreational fishing,
and shall consist solely of individuals who are knowledgeable
regarding the conservation and management of the fishery
resources of the geographic area concerned.''.
(e) Training of Appointed Members.--
(1) Training requirement.--Section 302(b) (16 U.S.C.
1852(b)) is amended by adding at the end the following:
``(7) Training of appointed members.--
``(A) In general.--The Secretary shall provide to
each member of a Council appointed by the Secretary
under this subsection, by not later than 6 months after
the date of the member's appointment, training in
matters relating to the functions of the Council,
including--
``(i) fishery science and basic fish stock
assessment;
``(ii) social science and fishery
economics;
``(iii) the requirements of this Act, the
National Environmental Policy Act of 1969,
chapter 5 of title 5, United States Code
(popularly known as the Administrative
Procedures Act), and other relevant statutes or
regulations;
``(iv) conflict of interest policies that
apply to Council members; and
``(v) the public process for developing
fishery management plans.
``(B) Restriction on voting.--A member of a Council
to whom the Secretary is required to provide training
under this paragraph may not vote on any decision of
the Council before the date the member completes such
training.''.
(2) Limitation on application.--The amendment made by
paragraph (1) shall not apply to a member of a Regional Fishery
Management Council appointed before the date of the enactment
of this Act.
(f) Technical Correction.--Section 302(b)(2)(B) (16 U.S.C.
1852(b)(2)(B)) is amended in the second sentence by striking ``Merchant
Marine and Fisheries'' and inserting ``Resources''.
SEC. 4. QUALIFICATION OF VOTING COUNCIL MEMBERS; DISCLOSURE OF
FINANCIAL INTEREST AND RECUSAL.
(a) Qualifications of Voting Council Members.--Section 302(b)(2)(A)
(16 U.S.C. 1852(b)(2)(A)) is amended by--
(1) inserting after ``geographical area concerned'' the
following: ``, and must not have been found by the Secretary,
after notice and an opportunity for a hearing in accordance
with section 554 of title 5, United States Code, to have
committed an act prohibited by section 307(1)(D), (E), (F),
(H), (I), or (L) or section 307(2)''; and
(2) striking ``of the Fishery Conservation Amendments of
1990'' and replacing with ``of the Fisheries Management Reform
Act of 2004''.
(b) Disclosure of Financial Interest and Recusal.--
(1) Amendments relating to disclosure and recusal.--Section
302(j) (16 U.S.C. 1852(j)) is amended as follows:
(A) By striking the heading and inserting
``Disclosure of Financial Interest and Recusal.--''.
(B) By striking paragraph (6), and redesignating
paragraphs (7) and (8) in order as paragraphs (6) and
(7).
(C) In paragraph (6), as so redesignated, by
striking so much as precedes subparagraph (B) and
inserting the following:
``(6) Prohibition on participation.--(A)(i) An affected
individual shall not vote on a Council decision that would have
an effect on a financial interest that the individual is
required to disclose under paragraph (2).
``(ii) An affected individual who is prohibited from voting
on a Council decision may not participate in any Council
deliberations relating to the decision.''.
(D) In paragraph (6)(B), as so redesignated--
(i) by inserting ``or a member of the
public'' after ``an affected individual''; and
(ii) by striking ``would have a significant
and predictable effect on a financial
interest'' and inserting ``would have an effect
on the financial interest of an affected
individual''.
(E) In paragraph (6)(C), as so redesignated, by
inserting ``, or member of the public,'' after ``Any
Council member''.
(F) In paragraph (6), as so redesignated, by
striking subparagraph (D) and redesignating
subparagraphs (E) and (F) in order as subparagraphs (D)
and (E).
(G) In paragraph (6)(D), as so redesignated--
(i) by striking ``may not'' and inserting
``shall''; and
(ii) by inserting before the period the
following: ``, if the Secretary determines that
the Council decision had an effect on the
financial interest of an affected individual
and the affected individual's vote decided the
Council action''.
(H) By amending paragraph (6)(E), as so
redesignated, to read as follows:
``(E) The Secretary, in consultation with the Councils and
by not later than one year after the date of enactment of the
Fisheries Management Reform Act of 2004, shall promulgate
regulations that allow for the making of determinations under
subparagraphs (B) and (C).''.
(2) Conforming amendment.--Section 307(1)(O) (16 U.S.C.
1857(1)(O)) is amended by striking ``302(j)(7)(A)'' and
inserting ``307(j)(6)(A)''.
SEC. 5. REGIONAL SCIENCE AND TECHNICAL TEAMS.
Section 302(g) (16 U.S.C. 1852(g)) is amended--
(1) by redesignating paragraph (5) as paragraph (6), and by
inserting after paragraph (4) the following:
``(5) Regional science and technical teams.--(A) The
Secretary shall establish regional science and technical teams
to provide the Secretary with recommendations to carry out
section 303(e).
``(B) Each science and technical team established under
this paragraph shall consist of Federal, State, and academic
qualified independent scientists.
``(C) Each science and technical team established under
this paragraph shall--
``(i) based on the best scientific information
available, recommend to the Secretary--
``(I) acceptable biological catch and
bycatch limits, including annual limits, that
are consistent with the national standard set
forth in section 301(a)(1) and that consider
predator-prey relationships and other
ecological factors;
``(II) specific habitat and area
protections necessary to protect essential fish
habitats; and
``(III) specific requirements necessary to
protect species listed as threatened species or
endangered species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C.
1533);
``(ii) allow an opportunity for public input,
including with respect to catch and bycatch limits and
habitat protection measures recommended by the team,
consider such input in developing its recommendations,
and create a public record of such input and the team's
response to such input; and
``(iii) publish its recommendations in the Federal
Register.
``(D) Recommendations of a regional science and technical
team submitted to the Secretary under this paragraph must be
subjected to peer review by qualified independent
scientists.''; and
(2) by adding at the end the following:
``(7) For the purposes of this subsection, the term `qualified
independent scientists' means individuals who--
``(A) through publication of peer-reviewed scientific
literature and academic training, have demonstrated scientific
expertise in fisheries science or marine ecology; and
``(B) have no direct financial interest, and are not
employed by any person with a direct financial interest, in any
fishery.''.
SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS.
(a) Required Provisions Regarding Protection, Restoration, and
Promotion of Ecosystems.--Section 303(a)(1) (16 U.S.C. 1853(a)(1)) is
amended--
(1) in subparagraph (A) by inserting before the semicolon
the following: ``and the associated ecosystem'';
(2) by striking ``and'' after the semicolon at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``; and'', and by adding at the
end the following:
``(D) consistent with the conservation and
management measures developed by the Secretary pursuant
to subsection (e), except a Council may modify any
conservation and management measure to provide greater
conservation in order to achieve plan objectives,
including to protect and maintain the ecological role
of forage fish.''; and
(3) by amending paragraph (14) to read as follows:
``(14) allocate any quotas or other conservation and
management measures established by the Secretary under
subsection (e) fairly and equitably among the commercial,
recreational, and charter fishing sectors in the fishery, and
allow individual sectors of the fishery to develop allocation
plans subject to the approval of the Council.''.
(b) Development of Conservation and Management Measures by
Secretary.--Section 303 (16 U.S.C. 1853) is amended by adding at the
end the following:
``(e) Development of Conservation and Management Measures by
Secretary.--The Secretary shall, based on recommendations of the
regional science and technical teams established under section
302(g)(5), provide Councils conservation and management measures for
incorporation into fishery management plans, plan amendments, or annual
specifications, that establish--
``(1) catch and bycatch limits that do not exceed
acceptable biological catch limits, including annual limits,
that are consistent with the national standard set forth in
section 301(a)(1) and that consider predator-prey relationships
and other ecological factors;
``(2) specific habitat and area protections necessary to
protect essential fish habitats; and
``(3) specific requirements necessary to protect species
listed as endangered species or threatened species under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533).''. | Fisheries Management Reform Act of 2004 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Administrator of the National Oceanic and Atmospheric Administration (NOAA) (currently, the Secretary of Commerce) to appoint members to the Regional Fishery Management Councils who, by reason of their occupational or other experience, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of fishery resources. Revises requirements for the composition of such councils and the qualifications of voting Council members.
Sets forth certain requirements with respect to: (1) training of appointed Council members; and (2) disclosure of financial interest and recusal of Council members.
Directs the Secretary to establish regional science and technical teams to make recommendations on certain matters, on the basis of which the Secretary shall provide Councils conservation and management measures for incorporation into fishery management plans that establish: (1) catch and bycatch limits; (2) specific habitat and area protections to protect essential fish habitats; and (3) specific requirements necessary to protect endangered species. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for stewardship of fishery resources for the American public, and for other purposes."} | 3,207 | 226 | 0.528244 | 1.491619 | 0.754986 | 3.477612 | 13.860697 | 0.910448 |
SECTION 1. DIRECT LIFECYCLE GREENHOUSE GAS EMISSIONS.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended
as follows:
(1) In paragraph (1), by striking subparagraph (H) and
inserting the following:
``(H) Lifecycle greenhouse gas emissions.--
``(i) In general.--The term `lifecycle
greenhouse gas emissions' means the aggregate
quantity of direct greenhouse gas emissions
relating to the full fuel lifecycle, as
determined by the Administrator based on--
``(I) measurements taken using the
most recent observable data; and
``(II) consideration of regional
differences of renewable fuel
production.
``(ii) Inclusions.--The term `lifecycle
greenhouse gas emissions' includes greenhouse
gas emissions from all stages of fuel and
feedstock production and distribution, from
feedstock generation or extraction through the
distribution and delivery and use of the
finished fuel to the ultimate consumer, where
the mass values for all greenhouse gases are
adjusted to account for the relative global
warming potential of the greenhouse gases.
``(iii) Availability of model.--The
Administrator shall make the model used in
measuring lifecycle greenhouse gas emissions
publicly available before publishing any
administrative action on lifecycle greenhouse
gas emissions.''.
(2) By inserting after paragraph (12) the following:
``(13) Waiver authority.--
``(A) In general.--A renewable fuel manufacturer
may petition the Administrator to waive, and the
Administrator may waive, the lifecycle greenhouse gas
emission reduction requirements for renewable fuel
production set forth in paragraph (2)(A) if, as
determined by the Administrator--
``(i) the requirements are the primary or
contributing factor of a failure to achieve the
applicable renewable fuels standard for
biomass-based diesel, conventional biofuel,
cellulosic biofuel, or advanced biofuel;
``(ii) the requirements are causing
economic harm within the biofuels industry; or
``(iii) the requirements are directly or
indirectly increasing the dependence of the
United States on foreign oil.
``(B) Innovative production methods.--
``(i) In general.--A renewable fuel
manufacturer may petition the Administrator to
certify an innovative production method that
may result in lower lifecycle greenhouse gas
emissions than the lifecycle greenhouse gas
emissions of a renewable fuel determined by the
Administrator under paragraph (1)(H).
``(ii) Requirements.--A petition submitted
under clause (i) shall include a full lifecycle
greenhouse gas emission analysis of the
applicable renewable fuel based on the
lifecycle greenhouse gas emission model used by
the Administrator.
``(C) Failure to act.--If the Administrator does
not approve or deny a petition submitted under
subparagraph (A) or (B) by the date that is 90 days
after the date of receipt of the petition, the petition
shall be considered to be approved.
``(14) State low-carbon fuel standards.--
``(A) In general.--No waiver may be granted under
subparagraph (B) or (C) of subsection (c)(4) in the
case of a State low-carbon fuel standard or similar
policy that requires a reduction in lifecycle
greenhouse gas emissions for renewable fuels, unless
the State standard or policy applies a lifecycle
greenhouse gas emission baseline identical to the
lifecycle greenhouse gas emissions of the fuel
concerned as determined by the Administrator under
paragraph (1)(H) and used for the Federal renewable
fuels standard under this subsection.
``(B) Basis for measurements.--Measurements taken
under a State standard for renewable fuel described in
subparagraph (A) shall be based on observable data
relating to the direct lifecycle greenhouse gas
emissions from the renewable fuel.''. | Amends the Clean Air Act to revise the definition of "lifecycle greenhouse gas emissions" to: (1) exclude significant indirect emissions; (2) provide that emissions are to be determined by the Environmental Protection Agency (EPA) Administrator based on the most recent observable data and on consideration of regional differences of renewable fuel production; and (3) require the Administrator to make the model used in measuring emissions publicly available before publishing any administrative action on such emissions.
Authorizes a renewable fuel manufacturer to petition the Administrator to waive, and the Administrator to waive, the lifecycle greenhouse gas emission reduction requirements for renewable fuel production if the requirements: (1) are the primary or contributing factor of a failure to achieve the applicable renewable fuels standard for biomass-based diesel, conventional biofuel, cellulosic biofuel, or advanced biofuel; (2) are causing economic harm within the biofuels industry; or (3) are increasing U.S. dependence on foreign oil.
Authorizes a renewable fuel manufacturer to petition the Administrator to certify an innovative production method that may result in lower lifecycle greenhouse gas emissions than the lifecycle greenhouse gas emissions of a renewable fuel. Considers a petition to be approved if the Administrator does not approve or deny it within 90 days of its receipt.
Prohibits such waivers from being granted in the case of a state low-carbon fuel standard or similar policy that requires a reduction in lifecycle greenhouse gas emissions for renewable fuels, unless the state standard or policy applies a lifecycle greenhouse gas emission baseline identical to the lifecycle greenhouse gas emissions as determined by EPA and used for the federal renewable fuels standard. Requires measurements taken under a state standard to be based on observable data relating to the direct lifecycle greenhouse gas emissions from the renewable fuel. | {"src": "billsum_train", "title": "To amend the Clean Air Act to permit the Administrator of the Environmental Protection Agency to waive the lifecycle greenhouse gas emission reduction requirements for renewable fuel production, and for other purposes."} | 835 | 381 | 0.77295 | 2.225204 | 0.987379 | 4.348348 | 2.288288 | 0.906907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.
SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS
PROCEDURES.
Section 2680(c) of title 28, United States Code, is amended--
(1) by striking ``law-enforcement'' and inserting ``law
enforcement''; and
(2) by inserting before the period the following: ``,
except that the provisions of this chapter and section 1346(b)
of this title shall apply to any claim based on the negligent
destruction, injury, or loss of goods or merchandise (including
real property) while in the possession of any officer of
customs or excise or any other law enforcement officer''.
SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.
Paragraph (6) of Rule C of the Supplemental Rules for Certain
Admiralty and Maritime Claims to the Federal Rules of Civil Procedure
(28 U.S.C. Appendix) is amended by striking ``10 days'' and inserting
``30 days''.
SEC. 4. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended
to read as follows:
``SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
``In--
``(1) all suits or actions (other than those arising under
section 592) brought for the forfeiture of any vessel, vehicle,
aircraft, merchandise, or baggage seized under the provisions
of any law relating to the collection of duties on imports or
tonnage; and
``(2) in all suits or actions brought for the recovery of
the value of any vessel, vehicle, aircraft, merchandise, or
baggage, because of violation of any such law;
the burden of proof is on the United States Government to establish, by
clear and convincing evidence, that the property was subject to
forfeiture.''.
SEC. 5. CLAIM AFTER SEIZURE.
Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended
to read as follows:
``SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.
``(a) In General.--Any person claiming such vessel, vehicle,
aircraft, merchandise, or baggage may at any time within 30 days from
the date of the first publication of the notice of seizure file with
the appropriate customs officer a claim stating his interest therein.
Upon the filing of such claim, the customs officer shall transmit such
claim, with a duplicate list and description of the articles seized, to
the United States attorney for the district in which seizure was made,
who shall proceed to a condemnation of the merchandise or other
property in the manner prescribed by law.
``(b) Court-Appointed Representation.--If the person filing a claim
under subsection (a), or a claim regarding seized property under any
other provision of law that incorporates by reference the seizure,
forfeiture, and condemnation procedures of the customs laws, is
financially unable to obtain representation of counsel, the court may
appoint appropriate counsel to represent that person with respect to
the claim. The court shall set the compensation for that
representation, which shall--
``(1) be equivalent to that provided for court-appointed
representation under section 3006A of title 18, United States
Code, and
``(2) be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, United States
Code.''.
SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP.
Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended--
(1) by inserting before the first word in the section the
following: ``(a) Release Upon Payment.--''; and
(2) by adding at the end the following:
``(b) Release of Seized Property for Substantial Hardship.--
``(1) Request for release.--A claimant is entitled to
immediate release of seized property if continued possession by
the United States Government would cause the claimant
substantial hardship, such as preventing the functioning of a
business, preventing an individual from working, or leaving an
individual homeless. A claimant seeking release of property
under this subsection must request possession of the property
from the appropriate customs officer, and the request must set
forth the basis therefor. If within 10 days after the date of
the request the property has not been released, the claimant
may file a complaint in any district court that would have
jurisdiction of forfeiture proceedings relating to the property
setting forth--
``(A) the nature of the claim to the seized
property;
``(B) the reason why the continued possession by
the United States Government pending the final
disposition of forfeiture proceedings will cause
substantial hardship to the claimant; and
``(C) the steps the claimant has taken to secure
release of the property from the appropriate customs
officer.
``(2) Return of property.--If a complaint is filed under
paragraph (1), the district court shall order that the property
be returned to the claimant, pending completion of proceedings
by the United States Government to obtain forfeiture of the
property, if the claimant shows that--
``(A) the claimant is likely to demonstrate a
possessory interest in the seized property; and
``(B) continued possession by the United States
Government of the seized property is likely to cause
substantial hardship to the claimant.
The court may place such conditions on release of the property
as it finds are appropriate to preserve the availability of the
property or its equivalent for forfeiture.
``(3) Time for decision.--The district court shall render a
decision on a complaint filed under paragraph (2) no later than
30 days after the date of the filing, unless such 30-day
limitation is extended by consent of the parties or by the
court for good cause shown.''.
SEC. 7. JUSTICE ASSETS FORFEITURE FUND.
Section 524(c) of title 28, United States Code, is amended--
(1) by striking out ``law enforcement purposes--'' in the
matter preceding subparagraph (A) in paragraph (1) and
inserting ``purposes--'';
(2) by redesignating the final 3 subparagraphs in paragraph
(1) as subparagraphs (I), (J), and (K), respectively;
(3) by inserting after subparagraph (G) of paragraph (1)
the following new subparagraph:
``(H) payment of court-awarded compensation for
representation of claimants pursuant to section 608(b) of the
Tariff Act of 1930;''; and
(4) by striking out ``(H)'' in subparagraph (A) of
paragraph (9) and inserting ``(I)''.
SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED
SUBSTANCES ACT.
(a) In General.--Section 511(a) of the Controlled Substances Act
(21 U.S.C. 881(a)) is amended--
(1) in paragraph (4)(C), by striking ``without the
knowledge, consent, or willful blindness of the owner.'' and
inserting ``either without the knowledge of that owner or
without the consent of that owner.''
(2) in each of paragraphs (6) and (7), by striking
``without the knowledge or consent of that owner.'' and
inserting ``either without the knowledge of that owner or
without the consent of that owner.''.
(b) Special Rule.--
(1) Generally.--Section 511 of the Controlled Substances
Act (21 U.S.C. 881) is amended by adding at the end the
following:
``(l) For the purposes of this section, property shall not be
considered to have been used for a proscribed use without the knowledge
or without the consent of the owner of an interest in that property, if
that owner was wilfully blind to, or has failed to take reasonable
steps to prevent, the proscribed use.''.
(2) Conforming technical amendment.--The subsection (l) of
section 511 that relates to an agreement between the Attorney
General and the Postal Service is redesignated as subsection
(k).
SEC. 9. APPLICABILITY.
The amendments made by this Act apply with respect to claims,
suits, and actions filed on or after the date of the enactment of this
Act. | Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures any claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of any customs or other law enforcement officer.
Extends the period for filing claims in certain in rem proceedings.
Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 30 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements.
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return.
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel.
Amends the Controlled Substances Act to provide that no conveyance shall be forfeited to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted either without the knowledge or without the consent of that owner. Specifies that property shall not be considered to have been used for a proscribed use without the knowledge or consent of the owner of an interest in that property if that owner was wilfully blind to, or has failed to take reasonable steps to prevent, the proscribed use. | {"src": "billsum_train", "title": "Civil Asset Forfeiture Reform Act"} | 1,952 | 589 | 0.662044 | 2.283186 | 0.725583 | 5.65873 | 3.428571 | 0.940476 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Jackie Roosevelt Robinson was born on January 31, 1919,
in Cairo, Georgia, and was the youngest of 5 children.
(2) Jackie Robinson attended the University of California
Los Angeles where he starred in football, basketball, baseball,
and track. His remarkable skills earned him a reputation as the
best athlete in America.
(3) In 1947, Jackie Robinson was signed by the Brooklyn
Dodgers and became the first black player to play in Major
League Baseball. His signing is considered one of the most
significant moments in the history of professional sports in
America. For his remarkable performance on the field in his
first season, he won the National League's Rookie of the Year
Award.
(4) In 1949, Jackie Robinson was voted the National
League's Most Valuable Player by the Baseball Writers
Association of America.
(5) In 1962, Jackie Robinson was elected to the Baseball
Hall of Fame.
(6) Although the achievements of Jackie Robinson began with
athletics, they widened to have a profound influence on civil
and human rights in America.
(7) The signing of Jackie Robinson as the first black
player in Major League Baseball occurred before the United
States military was desegregated by President Harry Truman,
before the civil rights marches took place in the South, and
before the Supreme Court issued its historic ruling in Brown v.
Board of Education, 347 U.S. 483 (1954).
(8) The American public came to regard Jackie Robinson as a
person of exceptional fortitude, integrity, and athletic
ability so rapidly that, by the end of 1947, he finished ahead
of President Harry Truman, General Dwight Eisenhower, General
Douglas MacArthur, and Bob Hope in a national poll for the most
popular person in America, finishing only behind Bing Crosby.
(9) Jackie Robinson was named vice president of Chock Full
O' Nuts in 1957 and later co-founded the Freedom National Bank
of Harlem.
(10) Leading by example, Jackie Robinson influenced many of
the greatest political leaders in America.
(11) Jackie Robinson worked tirelessly with a number of
religious and civic organizations to better the lives of all
Americans.
(12) The life and principles of Jackie Robinson are the
basis of the Jackie Robinson Foundation, which keeps his memory
alive by providing children of low-income families with
leadership and educational opportunities.
(13) The legacy and personal achievements of Jackie
Robinson, as an athlete, a business leader, and a citizen, have
had a lasting and positive influence on the advancement of
civil rights in the United States.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of Congress, to the family of Jackie Robinson, a
gold medal of appropriate design in recognition of the many
contributions of Jackie Robinson to the Nation.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (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.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, 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
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. STATUS AS NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000 to pay for the cost of the medal authorized under
section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) there should be designated a national day for the
purpose of recognizing the accomplishments of Jackie Robinson;
and
(2) the President should issue a proclamation calling on
the people of the United States to observe the day with
appropriate ceremonies and activities.
Passed the Senate October 17, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 300
_______________________________________________________________________
AN ACT
To award a congressional gold medal to Jackie Robinson (posthumously),
in recognition of his many contributions to the Nation, and to express
the sense of Congress that there should be a national day in
recognition of Jacki | Authorizes: (1) the President to present a gold medal, on behalf of Congress, to the family of Jackie Robinson in recognition of his contributions to the Nation; and (2) the Secretary of the Treasury to strike such medal and to strike and sell bronze duplicates.
Authorizes charging an amount to pay the cost of the gold medal against the United States Mint Public Enterprise Fund.
Calls for designation of a national day recognizing Robinson's accomplishments. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal to Jackie Robinson (posthumously), in recognition of his many contributions to the Nation, and to express the sense of Congress that there should be a national day in recognition of Jackie Robinson."} | 1,051 | 96 | 0.419008 | 1.203794 | -0.02656 | 4.157303 | 12 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Conservation
Reauthorization Amendments Act of 2010''.
SEC. 2. AMENDMENT AND REAUTHORIZATION OF GREAT APE CONSERVATION ACT.
The Great Ape Conservation Act of 2000 is amended as follows:
(1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by
adding at the end the following new subsections:
``(j) Multiyear Grants.--
``(1) In general.--The Secretary may award a multiyear
grant under this section to a person who is otherwise eligible
for a grant under this section, to carry out a project that the
person demonstrates is an effective, long-term conservation
strategy for great apes and their habitats.
``(2) Annual grants not affected.--This subsection shall
not be construed as precluding the Secretary from awarding
grants on an annual basis.
``(k) Excellence in Great Ape Conservation Awards.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may implement a program to
acknowledge outstanding achievement in great ape conservation,
to enhance great ape conservation and to demonstrate the
indebtedness of the entire world to the commitment made by
individuals and local communities to protect and conserve
populations of great apes.
``(2) Awards.--Under the program, the Secretary may use
amounts appropriated under this subsection to make appropriate
awards, including--
``(A) cash awards, each of which shall not exceed
$7,500;
``(B) noncash awards;
``(C) posthumous awards; and
``(D) public ceremonies to acknowledge such awards.
``(3) Selection of award recipients.--The Secretary may
select each year for receipt of an award under the program--
``(A) no more than three individuals whose
contributions to the field of great ape conservation
have had a significant and material impact on the
conservation of great apes; and
``(B) individuals selected from within great ape
range states, whose contributions represent selfless
sacrifice and uncommon valor and dedication to the
conservation of great apes and their habitats.
``(4) Nomination guidelines.--Not later than 180 days after
the date of enactment of this subsection, and after
consultation with the heads of other relevant Federal agencies
and other governmental and nongovernmental organizations with
expertise in great ape conservation, the Secretary shall
publish in the Federal Register guidelines specifying the
details and process for nominating award candidates. Such
guidelines shall allow for nominations of both citizens and
noncitizens of the United States.''.
(2) Panel of experts.--In section 4(i) (16 U.S.C.
6303(i))--
(A) in paragraph (1), by--
(i) striking ``Every 2 years'' and
inserting ``Within one year after the date of
the enactment of the Great Ape Conservation
Reauthorization Amendments Act of 2010, and
every 5 years thereafter'';
(ii) striking ``may convene'' and inserting
``shall convene'';
(iii) inserting ``and priorities'' after
``needs''; and
(iv) adding at the end the following new
sentence: ``The panel shall, to the extent
practicable, include representatives from
foreign range states with expertise in great
ape conservation.''; and
(B) by redesignating paragraph (2) as paragraph
(4), and inserting after paragraph (1) the following
new paragraphs:
``(2) In identifying conservation needs and priorities
under paragraph (1), the panel shall consider relevant great
ape conservation plans or strategies including scientific
research and findings related to--
``(A) the conservation needs and priorities of
great apes;
``(B) regional or species-specific action plans or
strategies;
``(C) applicable strategies developed or initiated
by the Secretary; and
``(D) any other applicable conservation plan or
strategy.
``(3) The Secretary, subject to the availability of
appropriations, may pay expenses of convening and facilitating
meetings of the panel.''.
(3) Administrative expenses limitation.--In section 5(b)(2)
(16 U.S.C. 6304 (b)(2)), by striking ``$100,000'' and inserting
``$150,000''.
(4) Authorization of appropriations.--By amending section 6
(16 U.S.C. 6305) to read as follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Fund to carry out
this Act--
``(1) $5,500,000 for fiscal year 2011;
``(2) $6,000,000 for fiscal year 2012;
``(3) $6,500,000 for fiscal year 2013;
``(4) $7,000,000 for fiscal year 2014; and
``(5) $7,500,000 for fiscal year 2015.''. | Great Ape Conservation Reauthorization Amendments Act of 2010 - Amends the Great Ape Conservation Act of 2000 to authorize the Secretary of the Interior to award a multiyear grant to an eligible person to implement a great ape conservation project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats.
Authorizes the Secretary to implement a program of awards to acknowledge outstanding achievement in great ape conservation, to enhance great ape conservation, and to demonstrate the indebtedness of the world to the commitment made by individuals and local communities to protect and conserve populations of great apes.
Requires the Secretary to convene a panel of experts to identify the greatest needs and priorities for the conservation of great apes within a year of this Act's enactment and every five years thereafter (current law authorizes the Secretary to convene a panel to consider the greatest conservation needs every two years). Requires the panel to include representatives from foreign range states with expertise in great ape conservation and to consider relevant great ape conservation plans or strategies, including scientific research and findings related to: (1) conservation needs and priorities of great apes; (2) regional or species-specific action plans or strategies; (3) applicable strategies developed or initiated by the Secretary; and (4) any other applicable conservation plan or strategy.
Authorizes the Secretary to pay expenses of convening and facilitating meetings of the panel.
Authorizes appropriations for the Great Ape Conservation Fund for FY2011-FY2015. | {"src": "billsum_train", "title": "To reauthorize the Great Ape Conservation Act, and for other purposes."} | 1,113 | 340 | 0.735412 | 2.001135 | 0.88944 | 3.782918 | 3.548043 | 0.928826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arkansas Valley Conduit Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Public Law 87-590 (76 Stat. 389) authorized the
Fryingpan-Arkansas Project, including construction of the
Arkansas Valley Conduit, a pipeline extending from Pueblo
Reservoir, Pueblo, Colorado to Lamar, Colorado;
(2) the Arkansas Valley Conduit was never built, partly
because of the inability of local communities to pay 100
percent of the costs of construction of the Arkansas Valley
Conduit;
(3) in furtherance of the goals and authorization of the
Fryingpan-Arkansas Project, it is necessary to provide separate
authorization for the construction of the Arkansas Valley
Conduit;
(4) the construction of the Arkansas Valley Conduit is
necessary for the continued viability of southeast Colorado;
and
(5) the Arkansas Valley Conduit would provide the
communities of southeast Colorado with safe, clean, and
affordable water.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate water supply for the
beneficiaries identified in Public Law 87-590 (76 Stat. 389)
and related authorizing documents and subsequent studies; and
(2) to establish a cost-sharing requirement for the
construction of the Arkansas Valley Conduit.
SEC. 3. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) In General.--The Secretary of the Interior (referred to in this
Act as the ``Secretary'') shall plan, design, and construct a water
delivery pipeline, and branch lines as needed, from a location in the
vicinity (as determined by the Secretary) of Pueblo Reservoir, Pueblo,
Colorado to a location in the vicinity (as determined by the Secretary)
of Lamar, Colorado, to be known as the ``Arkansas Valley Conduit'',
without regard to the cost-ceiling for the Fryingpan-Arkansas Project
established under section 7 of Public Law 87-590 (76 Stat. 393).
(b) Lead Non-Federal Entity.--
(1) Designation.--The Southeastern Colorado Water
Conservancy District, or a designee of the Southeastern
Colorado Water Conservancy District that is recognized under
State law as an entity that has taxing authority, shall be the
lead non-Federal entity for the Arkansas Valley Conduit.
(2) Duties.--The lead non-Federal entity shall--
(A) act as the official agent of the Arkansas
Valley Conduit;
(B) pay--
(i) the non-Federal share of any increased
costs required under subsection (e)(2)(C); and
(ii) the non-Federal share of construction
costs under subsection (e)(2); and
(C) pay costs relating to, and perform, the
operations, maintenance, and replacement of the
Arkansas Valley Conduit.
(c) Cooperation.--To the maximum extent practicable during the
planning, design, and construction of the Arkansas Valley Conduit, the
Secretary shall collaborate and cooperate with the United States Army
Corps of Engineers, other Federal agencies, and non-Federal entities.
(d) Cost Estimate.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in cooperation with the
lead non-Federal entity, shall prepare an estimate of the total
costs of constructing the Arkansas Valley Conduit.
(2) Actual costs.--If the actual costs of construction
exceed the estimated costs, the difference between the actual
costs and the estimated costs shall be apportioned in
accordance with subsection (e)(2)(C).
(3) Agreement on estimate and design.--The estimate
prepared under paragraph (1), and the final design for the
Arkansas Valley Conduit, shall be--
(A) subject to the agreement of the Secretary and
the lead non-Federal entity;
(B) developed in cooperation with the lead non-
Federal entity; and
(C) consistent with commonly accepted engineering
practices.
(e) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the total
costs of the planning, design, and construction of the
Arkansas Valley Conduit shall be 80 percent.
(B) Increased costs.--The Federal share of any
increased costs that are a result of fundamental design
changes conducted at the request of any person other
than the lead non-Federal entity shall be 100 percent.
(2) Non-federal share.--
(A) Non-federal share.--The non-Federal share of
the total costs of the planning, design, and
construction of the Arkansas Valley Conduit shall be 20
percent.
(B) Form.--Up to 100 percent of the non-Federal
share may be in the form of in-kind contributions or
tasks that are identified in the cost estimate prepared
under subsection (d)(1) as necessary for the planning,
design, and construction of the Arkansas Valley
Conduit.
(C) Increased costs.--
(i) Fundamental design changes.--The lead
non-Federal entity shall pay any increased
costs that are a result of fundamental design
changes conducted at the request of the lead
non-Federal entity.
(ii) Other causes.--For any increased costs
that are from causes (including increased
supply and labor costs and unforseen field
changes) other than fundamental design changes
referred to in clause (i) and paragraph
(1)(B)--
(I) the Federal share shall be 80
percent; and
(II) the non-Federal share shall be
20 percent.
(D) Up-front payment.--Not later than 180 days
after the date of completion of the cost-estimate under
subsection (d), the Secretary and the non-Federal
entity may enter into an agreement under which--
(i) the Secretary pays 100 percent of the
non-Federal share on behalf of the non-Federal
entity; and
(ii) the non-Federal entity reimburses the
Secretary for the funds paid by the Secretary
in accordance with the terms of the agreement.
(E) Timing.--Except as provided in subparagraph
(D), the non-Federal share shall be paid in accordance
with a schedule established by the Secretary that--
(i) takes into account the capability of
the applicable non-Federal entities to pay; and
(ii) provides for full payment of the non-
Federal share by a date that is not later than
50 years after the date on which the Arkansas
Valley Conduit is capable of delivering water.
(f) Transfer on Completion.--On completion of the Arkansas Valley
Conduit, as certified in an agreement between the Secretary and the
lead non-Federal entity, the Secretary shall transfer ownership of the
Arkansas Valley Conduit to the lead non-Federal entity.
(g) Applicable Law.--Except as provided in this Act, Public Law 87-
590 (76 Stat. 389) and related authorizing documents and subsequent
studies shall apply to the planning, design, and construction of the
Arkansas Valley Conduit.
(h) Water Rights.--Nothing in this Act affects any State water law
or interstate compact.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act.
(b) Limitation.--Amounts made available under subsection (a) shall
not be used for the operation or maintenance of the Arkansas Valley
Conduit. | Arkansas Valley Conduit Act - Directs the Secretary of the Interior to plan, design, and construct a water delivery pipeline, to be known as the Arkansas Valley Conduit, from a location in the vicinity of Pueblo Reservoir, Pueblo, to Lamar, Colorado.
Designates the Southeastern Colorado Water Conservancy District, or its designee that is recognized under state law as an entity that has taxing authority, as the lead non-federal entity for the Conduit. Directs such entity to: (1) act as the official agent of the Conduit; (2) pay the non-federal share of any increased costs, including construction costs, under this Act; and (3) pay costs for and perform the operations, maintenance, and replacement of the Conduit. Sets the federal share of: (1) total planning, design, and construction costs at 80%; and (2) any increased costs that are a result of fundamental design changes conducted at the request of anyone other than such entity at 100%. Directs the Secretary, upon completion, to transfer ownership of the Conduit to such entity. | {"src": "billsum_train", "title": "A bill to authorize the construction of the Arkansas Valley Conduit in the State of Colorado, and for other purposes."} | 1,754 | 236 | 0.704088 | 2.277272 | 0.840405 | 4.179245 | 7.084906 | 0.943396 |
SECTION 1. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER
MONTGOMERY GI BILL OF INDIVIDUALS WHO SERVE AS ACTIVE
DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER
13235.
(a) Active Duty Program.--Notwithstanding section 3011(b) of title
38, United States Code, no reduction in basic pay otherwise required by
such section shall be made in the case of a covered member of the Armed
Forces.
(b) Selected Reserve Program.--Notwithstanding section 3012(c) of
such title, no reduction in basic pay otherwise required by such
section shall be made in the case of a covered member of the Armed
Forces.
(c) Termination of On-Going Reductions in Basic Pay.--In the case
of a covered member of the Armed Forces who first became a member of
the Armed Forces or first entered on active duty as a member of the
Armed Forces before the date of the enactment of this Act and whose
basic pay would, but for subsection (a) or (b) of this section, be
subject to reduction under section 3011(b) or 3012(c) of such title for
any month beginning on or after that date, the reduction of basic pay
of such covered member of the Armed Forces under such section 3011(b)
or 3012(c), as applicable, shall cease commencing with the first month
beginning on or after that date.
(d) Refund of Contributions.--(1) In the case of any covered member
of the Armed Forces whose basic pay was reduced under section 3011(b)
or 3012(c) of such title for any month beginning before the date of the
enactment of this Act, the Secretary concerned shall pay to such
covered member of the Armed Forces an amount equal to the aggregate
amount of reductions of basic pay of such member of the Armed Forces
under such section 3011(b) or 3012(c), as applicable, as of that date.
(2) Any amount paid to a covered member of the Armed Forces under
paragraph (1) shall not be included in gross income under the Internal
Revenue Code of 1986.
(3) Amounts for payments under paragraph (1) shall be derived from
amounts appropriated or otherwise made available to the Secretary
concerned for military personnel in chapter 1 of title I of the
Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1209).
(4) In this subsection, the term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy or the Marine Corps;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard.
(e) Covered Member of the Armed Forces Defined.--In this section,
the term ``covered member of the Armed Forces'' means any individual
who serves on active duty as a member of the Armed Forces during the
period--
(1) beginning on November 16, 2001, the date of Executive
Order 13235, relating to National Emergency Construction
Authority; and
(2) ending on the termination date of the Executive order
referred to in paragraph (1).
SEC. 2. OPPORTUNITY FOR INDIVIDUALS WHO SERVE AS ACTIVE DUTY MEMBERS OF
THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW
ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL.
Section 3018 of title 38, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively;
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the enactment of
this subsection, an individual who--
``(A) serves on active duty as a member of the Armed Forces
during the period beginning on November 16, 2001, and ending on
the termination date of Executive Order 13235, relating to
National Emergency Construction Authority; and
``(B) has served continuously on active duty without a
break in service following the date the individual first
becomes a member or first enters on active duty as a member of
the Armed Forces,
shall have the opportunity, on such form as the Secretary of Defense
shall prescribe, to withdraw an election under section 3011(c)(1) or
3012(d)(1) of this title not to receive education assistance under this
chapter.
``(2) An individual described paragraph (1) who made an election
under section 3011(c)(1) or 3012(d)(1) of this title and who--
``(A) while serving on active duty during the one-year
period beginning on the date of the enactment of this
subsection makes a withdrawal of such election;
``(B) continues to serve the period of service which such
individual was obligated to serve;
``(C) serves the obligated period of service described in
subparagraph (B) or before completing such obligated period of
service is described by subsection (b)(3)(B); and
``(D) meets the requirements set forth in paragraphs (4)
and (5) of subsection (b),
is entitled to basic educational assistance under this chapter.''; and
(3) in subsection (e), as so redesignated, by inserting
``or (c)(2)(A)'' after ``(b)(1)''. | Exempts from the mandatory payroll deductions ($100 for the first 12 months of active duty pay) under the veterans' basic educational assistance program, members of the Armed Forces and Selected Reserve on active duty between November 16, 2001, and the termination date of Executive Order 13235, who elect to receive basic educational assistance. Provides for reimbursement of payroll deductions taken prior to the enactment of this Act. Allows such members to withdraw an election not to receive basic educational assistance. | {"src": "billsum_train", "title": "A bill to provide certain enhancements to the Montgomery GI Bill Program for certain individuals who serve as members of the Armed Forces after the September 11, 2001, terrorist attacks, and for other purposes."} | 1,290 | 103 | 0.489563 | 1.254059 | 0.50438 | 2.67033 | 12.494505 | 0.78022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Terrorism Risk
Insurance Act of 2005''.
SEC. 2. ESTABLISHMENT OF COMMISSION ON TERRORISM RISK INSURANCE.
Title I of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended by adding at the end the following new section:
``SEC. 109. COMMISSION ON TERRORISM RISK INSURANCE.
``(a) In General.--There is hereby established the Commission on
Terrorism Risk Insurance (in this section referred to as the
`Commission').
``(b) Membership.--
``(1) The Commission shall consist of 11 members, as
follows:
``(A) The Secretary of the Treasury or the
Secretary's designee.
``(B) One State insurance commissioner designated
by the members of the NAIC.
``(C) Nine members appointed by the President, who
shall be--
``(i) a representative of State
legislatively created workers' compensation
funds;
``(ii) a representative of property and
casualty insurers with direct written premium
of $1,000,000,000 or less;
``(iii) a representative of property and
casualty insurers with direct written premium
of more than $1,000,000,000;
``(iv) a representative of multiline
insurers;
``(v) a representative of independent
insurance agents;
``(vi) a representative of insurance
brokers;
``(vii) a policyholder representative;
``(viii) a representative of the survivors
of the victims of the attacks of September 11,
2001; and
``(ix) a representative of the reinsurance
industry.
``(2) Secretary.--The Program Director of the Terrorism
Risk Insurance Act shall serve as Secretary of the Commission.
The Secretary of the Commission shall determine the manner in
which the Commission shall operate, including funding and
staffing.
``(c) Duties.--
``(1) In general.--The Commission shall identify and make
recommendations regarding--
``(A) possible actions to encourage, facilitate,
and sustain provision by the private insurance industry
in the United States of affordable coverage for losses
due to an act or acts of terrorism;
``(B) possible actions or mechanisms to sustain or
supplement the ability of the insurance industry in the
United States to cover losses resulting from acts of
terrorism in the event that--
``(i) such losses jeopardize the capital
and surplus of the insurance industry in the
United States as a whole; or
``(ii) other consequences from such acts
occur, as determined by the Commission, that
may significantly affect the ability of the
insurance industry in the United States to
independently cover such losses; and
``(C) significantly reducing the expected Federal
role over time in any continuing Federal terrorism risk
insurance program.
``(2) Evaluations.--In identifying and making the
recommendations required under paragraph (1), the Commission
shall specifically evaluate the utility and viability of risk-
sharing mechanisms under which insurers voluntarily reinsure
terrorism losses between and among themselves that are not
subject to reimbursement under section 103, a Federally created
or mandated reinsurance facility, empowering such a facility to
issue pre-event financing bonds, post-event financing bonds,
assessments, single or multiple pooling arrangements, and other
risk sharing arrangements to accomplish, in whole or in part,
the specified objectives.
``(3) Redevelopment assessment.--The Commission shall also
evaluate whether or not coverage under the Program under this
Act is necessary to permit redevelopment at the sites of any
previous acts of terrorism. If the Commission determines that
the market will not provide for renewal of, or generation of
new, insurance contracts necessary to permit such
redevelopment, the Commission shall recommend coverage under
the Program under this Act, or a variation of such Program,
that will facilitate the completion of such a redevelopment
project.
``(4) Report.--
``(A) In general.--Not later than the date
determined under subparagraph (B), the Commission shall
submit a report to the Secretary and the Congress
that--
``(i) evaluates and makes recommendations
regarding whether there is a need for a Federal
terrorism risk insurance program and, if so,
makes a specific, detailed recommendation for
the replacement of the Program, including
specific, detailed recommendations for the
creation of a terrorism reinsurance facility or
facilities or single or multiple pooling
arrangements, or both; and
``(ii) includes the evaluation,
determination, and any recommendation required
under paragraph (3).
``(B) Timing.--The date determined under this
subparagraph is--
``(i) except as provided in clause (ii),
the date that occurs 6 months after the date of
the enactment of this Act; or
``(ii) the date of such termination of the
Program (as so extended), if, before the the
date under clause (i), the date of the
termination of the Program under this Act is
extended to a date that occurs after such date
under clause (i) .''.
SEC. 3. EXTENSION OF PROGRAM TO PROVIDE FOR REDEVELOPMENT OF PREVIOUS
TERRORISM SITES.
Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) is amended--
(1) by striking ``(a) Termination of Program.--The
Program'' and inserting the following:
``(a) Termination of Program.--
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following new paragraphs:
``(2) Extension of program to provide for redevelopment of
previous terrorism sites.--If the Commission determines in the
report submitted to the Secretary pursuant to section 109(c)(4)
that the market will not provide for renewal of, or generation
of new, insurance contracts necessary to permit redevelopment
at the site of a previous act of terrorism, the Program shall
remain in effect as provided under paragraph (3) and the
Secretary shall immediately take such action as may be
necessary to extend the Program in accordance with paragraph
(3) and the recommendations of the Commission set forth in such
report.
``(3) Scope of extended program.--If the Program is
extended pursuant to paragraph (2), the Program--
``(A) shall provide coverage, during such
extension, only with respect to insured losses under
property and casualty insurance coverage (including
builder's risk policies) as the Secretary determines is
appropriate and in accordance with the recommendations
in the report of the Commission under section
109(c)(4), to permit redevelopment at the site of a
previous act or terrorism; and
``(B) shall remain in effect as provided under
subparagraph (A) only with respect to any contracts for
such property and casualty insurance in connection with
such redevelopment that are issued on or before
December 31, 2008.''.
SEC. 4. COVERAGE OF DOMESTIC TERRORISM.
Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act of 2002
(15 U.S.C. 6701 note) is amended by striking ``acting on behalf of any
foreign person or foreign interest,''. | Commission on Terrorism Risk Insurance Act - Amends the Terrorism Risk Insurance Act of 2002 to establish the Commission on Terrorism Risk Insurance.
Directs the Commission to identify and make recommendations regarding actions to: (1) encourage, facilitate, and sustain provision by the private domestic insurance industry of affordable coverage for losses due to acts of terrorism; (2) sustain or supplement the ability of the domestic insurance industry to cover losses resulting from acts of terrorism; (3) reduce the federal role over time in any continuing federal terrorism risk insurance program; and (4) evaluate whether coverage under the Terrorism Insurance Program is necessary to permit redevelopment at sites of previous acts of terrorism.
Instructs the Commission to evaluate and makes recommendations on the need for a federal terrorism risk insurance program.
Requires the Terrorism Insurance Program to remain in effect, but only to cover insured losses under property and casualty insurance issued on or before December 31, 2008, if the Commission determines that the market will not provide for renewal or generation of new insurance contracts necessary to permit redevelopment at the site of a previous act of terrorism. | {"src": "billsum_train", "title": "To amend the Terrorism Risk Insurance Act of 2002 to establish a Commission on Terrorism Risk Insurance, and for other purposes."} | 1,641 | 243 | 0.642172 | 1.709961 | 0.838462 | 4.033019 | 7.089623 | 0.966981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asset Forfeiture Fund Reform and
Distribution Act of 2011''.
SEC. 2. ASSET FORFEITURE FUND REFORM.
(a) In General.--Section 311(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)) is amended--
(1) by striking ``(1) Notwithstanding'' and inserting
``(1)(A) Notwithstanding''; and
(2) in paragraph (1)--
(A) by striking ``may pay from'' and inserting
``shall use each of the''; and
(B) by striking ``(16 U.S.C. 3371 et seq.)--'' and
all that follows through the end of the paragraph and
inserting the following: ``(16 U.S.C. 3371 et seq.), to
make a payment, in the amount of the sum received--
``(i) if the violation occurred in a State, to such State;
``(ii) if the violation did not occur in a State, to the
State in which the vessel involved in the violation is
homeported; or
``(iii) if the violation did not occur in a State and did
not involve a vessel, to the State which is most directly
affected by the violation.
``(B) Amounts paid to a State under subparagraph (A) shall be used
for research and monitoring activities as determined appropriate by the
head of the agency of the State that is responsible for management of
marine fisheries. Such activities may include--
``(i) fishery research and independent stock assessments,
including cooperative research;
``(ii) socioeconomic assessments, including socioeconomic
conditions of fishing communities;
``(iii) data collection, including creation of an
information system that will enable timely audit and
transmission of data for utilization by researchers and other
collaborating institutions;
``(iv) compensation for the costs of analyzing the economic
impacts of fishery management decisions and to analyze
potential methods to provide targeted compensation to fisherman
that have been harmed by such management decisions;
``(v) at-sea and shoreside monitoring of fishing;
``(vi) preparation of fishery impact statements; and
``(vii) other activities that a Regional Fishery Management
Council of which the State is a member considers to be
necessary to rebuild or maintain sustainable fisheries, ensure
healthy ecosystems, provide socioeconomic economic assistance,
or maintain fishing communities.''.
(b) Rule of Application.--The amendments made by subsection (a)
shall apply with respect to amounts received under section 311(e) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861(e)) after September 30, 2011.
(c) Transition Rule.--
(1) In general.--The Secretary may use any amount received
as a fisheries enforcement penalty before October 1, 2011, to
reimburse appropriate legal fees and costs to a covered person
in an amount not to exceed $200,000 per covered person.
(2) Timing.--
(A) Submission of application.--A covered person
seeking reimbursement of appropriate legal fees and
costs under paragraph (1) shall submit to the Secretary
an application for such reimbursement--
(i) in the case of a covered person
described in paragraph (4)(B)(i), not later
than December 31, 2011; and
(ii) in the case of a covered person
described in paragraph (4)(B)(ii), not later
than 1 year after the date on which the
Secretary directed that such covered person
shall receive a remittance of a fisheries
enforcement penalty.
(B) Determination.--Not later than 60 days after
receiving an application under paragraph (1), the
Secretary shall make a final determination on whether
to provide such reimbursement and the amount of any
such reimbursement.
(3) Remaining funds.--The Secretary shall use--
(A) 80 percent of the amounts described in
paragraph (1) remaining after all reimbursements have
been made under such paragraph, for fishery stock
assessments in the fishery management region that the
Secretary determines to be appropriate; and
(B) 20 percent of such amounts to make payments to
States in accordance with section 311(e)(1) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861(e)(1)).
(4) Definitions.--In this subsection:
(A) The term ``appropriate legal fees and costs''
means the legal fees and costs incurred by a covered
person--
(i) that the Secretary determines were
appropriately incurred by the covered person in
successfully challenging a fisheries
enforcement penalty; and
(ii) that were incurred not later than 30
days after the date on which the Secretary
directed that such penalty shall be remitted to
the covered person.
(B) The term ``covered person'' means--
(i) a person that the Secretary directed
shall receive a remittance of a fisheries
enforcement penalty in the Decision Memorandum;
or
(ii) a person that--
(I) received a Notice of Violation
and Assessment issued on or after March
17, 1994, for a fisheries enforcement
penalty that was settled or otherwise
resolved prior to February 3, 2010;
(II) paid such fisheries
enforcement penalty;
(III) submitted a complaint prior
to May 7, 2011, seeking remittance of
such civil penalty; and
(IV) the Secretary directed shall
receive a remittance of a fisheries
enforcement penalty or a portion of
such remittance.
(C) The term ``Decision Memorandum'' means the
Secretarial Decision Memorandum issued by the Secretary
on May 17, 2011, entitled ``Decisions regarding Certain
NOAA Fisheries Enforcement Cases Based on Special
Master Swartwood's Report and Recommendations''.
(D) The term ``fisheries enforcement penalty''
means any fine, penalty, or forfeiture of property
imposed for a violation of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) or of any other marine resource law enforced by
the Secretary, including the Lacey Act Amendments of
1981 (16 U.S.C. 3371 et seq.).
(E) The term ``Secretary'' means the Secretary of
Commerce.
SEC. 3. LIMITATION ON ADMINISTRATIVE LAW JUDGES IN THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--Subject to subsection (b), the Administrator of
the National Oceanic and Atmospheric Administration (referred to in
this section as ``NOAA'') may not assign any proceeding required to be
conducted in accordance with sections 556 and 557 of title 5 to an
individual who has served as an administrative law judge for NOAA for a
period of five or more years if such proceeding pertains to the same
fishery management region to which the majority of such proceedings
that the individual presided over within the period pertained.
(b) Reassignment After Five Years.--Subsection (a) does not apply
to an individual who has not served as an administrative law judge for
NOAA within a five-year period ending on the date of the assignment
described in such subsection.
SEC. 4. DEFINITION OF FISHERY MANAGEMENT REGION.
In this Act, the term ``fishery management region'' means a region
under the jurisdiction of a Regional Fishery Management Council
established under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852). | Asset Forfeiture Fund Reform and Distribution Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce (Secretary) or the Secretary of the Treasury, after September 30, 2011, to use each of the sums received as fines, penalties, and forfeitures of property for violations of any provisions of such Act, or of any other fishery resource law enforced by the Secretary, to make a payment to: (1) the state in which the violation occurred, (2) the state in which the vessel involved in the violation is homeported if the violation did not occur in a state, or (3) the state most directly affected by a violation neither occurring in a state nor involving a vessel. (Current law authorizes using such sums for certain civil and criminal enforcement costs.)
Directs states to use such amounts for specified research and monitoring activities.
Sets forth transitional rules authorizing the Secretary to use such amounts received before October 1, 2011, to reimburse appropriate legal fees and costs, up to $200,000 per person, to specified persons the Secretary directed to receive a remittance of at least a portion of a fisheries enforcement penalty.
Prohibits the Administrator of the National Oceanic and Atmospheric Administration (NOAA) from assigning specified rulemaking or adjudication proceedings to an individual who has served as an NOAA administrative law judge for at least a five-year period if such proceeding pertains to the same fishery management region to which the majority of such proceedings that the individual presided over within the period pertained. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to reform procedures for the payment of funds from the asset forfeiture fund, and for other purposes."} | 1,752 | 349 | 0.597591 | 2.009199 | 0.75586 | 3.820946 | 5.074324 | 0.881757 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Chronic Wasting
Disease Support for States Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
Sec. 101. National database regarding chronic wasting disease.
Sec. 102. Surveillance and monitoring program regarding presence of
chronic wasting disease in wild herds of
deer and elk.
Sec. 103. Support for State efforts to manage and control chronic
wasting disease.
Sec. 104. Department of the Interior support for research regarding
chronic wasting disease.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
Sec. 201. Surveillance and monitoring program regarding presence of
chronic wasting disease in captive herds of
deer and elk.
Sec. 202. Expansion of diagnostic testing capacity.
Sec. 203. Expansion of Agricultural Research Service research.
Sec. 204. Expansion of Cooperative State Research, Education and
Extension Service supported research
regarding chronic wasting disease.
TITLE III--GENERAL PROVISIONS
Sec. 301. Rulemaking.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer and elk
that--
(A) is a transmissible disease of the nervous
system resulting in distinctive lesions in the brain;
and
(B) belongs to the group of diseases known as
transmissible spongiform encephalopathies, which group
includes scrapie, bovine spongiform encephalopathy, and
Cruetzfeldt-Jakob disease.
(2) Eligible grant recipient.--The term ``eligible grant
recipient'' means a State department of wildlife, State
department of agriculture, college or university, or related
research center conducting scientific research regarding
chronic wasting disease.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
primacy and policy-making authority with regard to wildlife
management, and nothing in this Act interferes with or
otherwise affects the primacy of the States in managing
wildlife generally, or managing, surveying, and monitoring the
incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer and elk populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in
research, surveillance, monitoring, and management activities
focused on containing and managing this lethal disease.
(3) As the States move to manage existing levels of chronic
wasting disease and insulate noninfected wild and captive
cervid populations from the disease, the Federal Government
should endeavor to provide integrated and holistic financial
and technical support to these States and the many State
departments of wildlife, State departments of agriculture,
colleges and universities, and related research centers
conducting scientific research regarding chronic wasting
disease.
(4) Relevant Federal agencies should provide consistent,
coherent, and integrated support structures and programs for
the benefit of State wildlife and agricultural administrators,
as chronic wasting disease can move freely between captive and
wild cervids across the broad array of Federal, State, tribal,
and local land management jurisdictions.
(5) The Secretary of the Interior, the Secretary of
Agriculture, and other affected Federal authorities can provide
consistent, coherent, and integrated support systems under
existing legal authorities to States and the many State
departments of wildlife, State departments of agriculture,
colleges and universities, and related research centers
conducting scientific research regarding chronic wasting
disease.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
SEC. 101. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE.
(a) Information Repository.--The Secretary of the Interior, acting
through the United States Geological Survey and using existing
authorities, shall establish and maintain the official national
database for--
(1) surveillance and monitoring data regarding chronic
wasting disease in both wild and captive cervid populations and
other wildlife that is collected by the Department of the
Interior, the Department of Agriculture, other Federal
agencies, foreign governments, Indian tribes, and State
agencies assisted under this Act; and
(2) other relevant information regarding chronic wasting
disease received from other sources, including cooperation with
foreign governments.
(b) Information Source.--The national database shall be available
as a resource for--
(1) Federal and State agencies, Indian tribes, and foreign
governments attempting to manage and control chronic wasting
disease;
(2) eligible grant recipients and other institutions of
higher education and other public or private research entities
conducting research regarding chronic wasting disease; and
(3) cooperating international wildlife authorities.
(c) Relationship to Department of Agriculture Information
Collection.--The data collected by the Department of Agriculture under
title II shall be placed in the national database.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $750,000 to establish and
maintain the national database. Funds appropriated pursuant to this
authorization of appropriations shall remain available until expended.
SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK.
(a) Program Development.--Using existing authorities, the Secretary
of the Interior, acting through the United States Geological Survey,
shall develop a national surveillance and monitoring program to
identify--
(1) the rate of chronic wasting disease infection in wild
herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Implementation.--The Secretary of the Interior shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for wild herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for wild herds, the Secretary of the Interior shall consult and
cooperate with State and tribal agencies responsible for managing and
controlling chronic wasting disease.
(d) Coordination.--The Secretary of the Interior, in cooperation
with the Secretary of Agriculture, shall establish uniform standards
for the collection and assessment of samples and data derived from the
surveillance and monitoring program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,000,000 to support the
surveillance and monitoring program. Funds appropriated pursuant to
this authorization of appropriations shall remain available until
expended.
SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC
WASTING DISEASE.
(a) Availability of Assistance.--The Secretary of the Interior,
acting through the United States Geological Survey, shall allocate
funds appropriated to carry out this section directly to the State or
tribal agency responsible for wildlife management for a State or Indian
tribe that petitions the Secretary for a portion of such funds to
develop and implement management strategies to address chronic wasting
disease on lands administered by the State or Indian tribe.
(b) Funding Priorities.--In determining the amounts to be allocated
to States and Indian tribes under subsection (a), the Secretary of the
Interior shall give priority to States and Indian tribes based on the
following criteria:
(1) Relative scope of incidence of chronic wasting disease
on lands administered by the State or Indian tribe, with
priority given to those States and Indian tribes with the
highest incidence of the disease.
(2) State or tribal expenditures on chronic wasting disease
management, monitoring, surveillance, and research, with
priority given to those States and Indian tribes that have
shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated State or tribal policies
and programs focused on chronic wasting disease management
between involved State or tribal wildlife and agricultural
agencies, with priority given to those States and Indian tribes
that have integrated the programs and policies of all involved
agencies related to chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting
disease, whether occurring in areas in which chronic wasting
disease is already found or areas with first infections, with
the intent of containing the disease in any new area of
infection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $2,000,000 to support
State and tribal efforts to manage and control chronic wasting disease.
Funds appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 104. DEPARTMENT OF THE INTERIOR SUPPORT FOR RESEARCH REGARDING
CHRONIC WASTING DISEASE.
(a) Expansion.--The Secretary of Interior, acting through the
United States Geological Survey, shall make grants to eligible grant
recipients to support efforts to expand and accelerate research on
chronic wasting disease, including research regarding detection of
chronic wasting disease, genetic resistance, tissue studies, and
environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to make grants
under subsection (a). Funds appropriated pursuant to this authorization
of appropriations shall remain available until expended.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK.
(a) Program Development.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall develop a
surveillance and monitoring program to identify--
(1) the rate of chronic wasting disease infection in
captive herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Implementation.--The Secretary of Agriculture shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for captive herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for captive herds, the Secretary of Agriculture shall cooperate
with State and tribal agencies responsible for managing and controlling
chronic wasting disease.
(d) Coordination.--The Secretary of Agriculture, in cooperation
with the Secretary of the Interior, shall establish uniform standards
for the collection and assessment of samples and data derived from the
surveillance and monitoring program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to establish
and support the surveillance and monitoring program. Funds appropriated
pursuant to this authorization of appropriations shall remain available
until expended.
SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) Purpose.--Diagnostic testing of samples collected under the
surveillance and monitoring programs regarding chronic wasting disease
conducted by the Federal Government and States and Indian tribes,
including the programs required by sections 102 and 201, will continue
to be conducted by National Veterinary Services Laboratories of the
Animal and Plant Health Inspection Service and laboratories approved by
the National Veterinary Services Laboratories, but current laboratory
capacity is inadequate to process the anticipated sample load.
(b) Upgrading of Federal Facilities.--The Secretary of Agriculture
shall provide for the upgrading of Federal laboratories to facilitate
the timely processing of samples from the surveillance and monitoring
programs required by sections 102 and 201 and related epidemiological
investigation in response to the results of such processing.
(c) Upgrading of Certified Laboratories.--Using the grant authority
provided under section 2(d) of the Competitive, Special and Facilities
Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture
shall make grants to provide for the upgrading of laboratories to be
certified by the Secretary to facilitate the timely processing of
samples from the surveillance and monitoring programs required by
sections 102 and 201 and related epidemiological investigation in
response to the results of such processing.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to carry out
this section. Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate research on
chronic wasting disease, including research regarding detection of
chronic wasting disease, genetic resistance, tissue studies, and
environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $5,000,000 to carry out
subsection (a). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 204. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND
EXTENSION SERVICE SUPPORTED RESEARCH REGARDING CHRONIC
WASTING DISEASE.
(a) Research Efforts.--The Secretary of Agriculture, acting through
the Cooperative State Research, Education and Extension Service, shall
increase the number and size of grants made to eligible grant
recipients in support of research regarding chronic wasting disease.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $7,000,000 to make grants
under subsection (a). Funds appropriated pursuant to this authorization
of appropriations shall remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. RULEMAKING.
(a) Joint Rulemaking.--To ensure that the surveillance and
monitoring programs and research programs required by this Act are
compatible and that information collection is carried out in a manner
suitable for inclusion in the national database required by section
101, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
(b) Procedure.--Due to the serious consequences of an unchecked
chronic wasting disease epidemic, prompt implementation of this Act is
required. The promulgation of the rules under subsection (a) shall be
made without regard to--
(1) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'');
(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) the notice and comment provisions of section 553 of
title 5, United States Code.
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of the Interior and the Secretary of
Agriculture shall use the authority provided under section 808 of title
5, United States Code.
(d) Relation to Other Rulemaking.--The requirement for joint
rulemaking shall not be construed to require any delay in the
promulgation by the Secretary of Agriculture of rules regarding the
interstate transportation of captive deer or elk or any other rule by
the Secretary of Agriculture or the Secretary of the Interior regarding
chronic wasting disease proposed before the date of the enactment of
this Act. | Chronic Wasting Disease Support for States Act - Directs the Secretary of the Interior to establish an official national database on chronic wasting disease for the surveillance and monitoring of data regarding chronic wasting disease in wild and captive cervid (member of the deer family) populations and other wildlife.
Requires such Secretary to: (1) develop a national surveillance and monitoring program to identify the rate of chronic wasting disease infection in deer and elk wild herds; (2) allocate funds for the development and implementation of management strategies to address chronic wasting disease; and (3) make grants to support research on chronic wasting disease.
Requires the Secretary of Agriculture to: (1) develop a national surveillance and monitoring program to identify the rate of chronic wasting disease infection in captive deer and elk herds; (2) upgrade federal laboratories to facilitate timely processing of samples from the surveillance and monitoring programs and related epidemiological investigation; (3) expand and accelerate research on chronic wasting disease; and (4) increase the number and size of grants made to support such research. | {"src": "billsum_train", "title": "To support further research by State departments of wildlife and agriculture, colleges and universities, and related research entities regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support additional State efforts to control the disease, and for other purposes."} | 3,507 | 223 | 0.648848 | 1.988247 | 0.976483 | 4.167488 | 14.891626 | 0.955665 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cooperative Production
Amendments of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) technological innovation and its profitable
commercialization are critical components of the ability of the
United States to raise the living standards of Americans and to
compete in world markets;
(2) cooperative arrangements among nonaffiliated businesses in
the private sector are often essential for successful technological
innovation; and
(3) the antitrust laws may have been mistakenly perceived to
inhibit procompetitive cooperative innovation arrangements, and so
clarification serves a useful purpose in helping to promote such
arrangements.
(b) Purpose.--It is the purpose of this Act to promote innovation,
facilitate trade, and strengthen the competitiveness of the United
States in world markets by clarifying the applicability of the rule of
reason standard and establishing a procedure under which businesses may
notify the Department of Justice and Federal Trade Commission of their
cooperative ventures and thereby qualify for a single-damages limitation
on civil antitrust liability.
SEC. 3. AMENDMENTS.
(a) Short Title.--Section 1 of the National Cooperative Research Act
of 1984 (15 U.S.C. 4301 note) is amended by striking ``National
Cooperative Research Act of 1984'' and inserting ``National Cooperative
Research and Production Act of 1993''.
(b) Definition.--Section 2(a)(6) of the National Cooperative
Research Act of 1984 (15 U.S.C. 4301(a)(6)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``research and development'';
(2) in subparagraph (D) by inserting ``or production'' after
``research'';
(3) in subparagraph (E) by striking ``and (D)'' and inserting
``(D), (E), and (F)'';
(4) by redesignating subparagraphs (D) and (E) as subparagraphs
(F) and (G), respectively;
(5) by inserting after subparagraph (C) the following:
``(D) the production of a product, process, or service,
``(E) the testing in connection with the production of a
product, process, or service by such venture,''; and
(6) by striking ``research'' the last place it appears and
inserting ``such venture''.
(c) Exclusions.--Section 2(b) of the National Cooperative Research
Act of 1984 (15 U.S.C. 4301(b)) is amended--
(1) in the matter preceding paragraph (1) by striking ``research
and development'';
(2) in paragraph (1) by striking ``that is not reasonably
required to conduct the research and development that is'' and
inserting ``if such information is not reasonably required to carry
out'';
(3) by amending paragraph (2) to read as follows:
``(2) entering into any agreement or engaging in any other
conduct restricting, requiring, or otherwise involving the
marketing, distribution, or provision by any person who is a party
to such venture of any product, process, or service, other than--
``(A) the distribution among the parties to such venture, in
accordance with such venture, of a product, process, or service
produced by such venture,
``(B) the marketing of proprietary information, such as
patents and trade secrets, developed through such venture formed
under a written agreement entered into before the date of the
enactment of the National Cooperative Production Amendments of
1993, or
``(C) the licensing, conveying, or transferring of
intellectual property, such as patents and trade secrets,
developed through such venture formed under a written agreement
entered into on or after the date of the enactment of the
National Cooperative Production Amendments of 1993,'';
(4) in paragraph (3)--
(A) in subparagraph (A) by striking ``or developments not
developed through'' and inserting ``, developments, products,
processes, or services not developed through, or produced by,'';
(B) in subparagraph (B) by striking ``such party'' and
inserting ``any person who is a party to such venture''; and
(C) by striking the period at the end and inserting a comma;
and
(5) by adding at the end the following:
``(4) entering into any agreement or engaging in any other
conduct allocating a market with a competitor,
``(5) exchanging information among competitors relating to
production (other than production by such venture) of a product,
process, or service if such information is not reasonably required
to carry out the purpose of such venture,
``(6) entering into any agreement or engaging in any other
conduct restricting, requiring, or otherwise involving the
production (other than the production by such venture) of a product,
process, or service,
``(7) using existing facilities for the production of a product,
process, or service by such venture unless such use involves the
production of a new product or technology, and
``(8) except as provided in paragraphs (2), (3), and (6),
entering into any agreement or engaging in any other conduct to
restrict or require participation by any person who is a party to
such venture, in any unilateral or joint activity that is not
reasonably required to carry out the purpose of such venture.''.
(d) Rule of Reason Standard.--Section 3 of the National Cooperative
Research Act of 1984 (15 U.S.C. 4302) is amended--
(1) by striking ``research and development'' the first place it
appears;
(2) by striking ``and development'' the last place it appears
and inserting ``, development, product, process, and service''; and
(3) by adding at the end the following:
``For the purpose of determining a properly defined, relevant market,
worldwide capacity shall be considered to the extent that it may be
appropriate in the circumstances.''.
(e) Technical and Conforming Amendments.--The National Cooperative
Research Act of 1984 (15 U.S.C. 4301 et seq.) is amended--
(1) in section 4--
(A) in subsections (a)(1), (b)(1), (c)(1), and (e) by
striking ``research and development'' each place it appears;
(B) in subsections (a), (b), and (c) by inserting ``of this
section'' after ``subsection (d)'' each place it appears; and
(C) in subsection (e) by striking ``the effective date of
this Act'' and inserting ``October 11, 1984,''; and
(2) in section 5(a) in the matter preceding paragraph (1) by
striking ``research and development''.
(f) Disclosure.--Section 6 of the National Cooperative Research Act
of 1984 (15 U.S.C. 4305) is amended--
(1) in the heading by striking ``research and development'';
(2) in subsection (a)--
(A) by striking ``the date of the enactment of this Act''
and inserting ``October 11, 1984'';
(B) in paragraph (1) by striking ``and'' at the end;
(C) in paragraph (2) by striking the period at the end and
inserting ``, and''; and
(D) by inserting the following after paragraph (2):
``(3) if a purpose of such venture is the production of a
product, process, or service, as referred to in section 2(a)(6)(D),
the identity and nationality of any person who is a party to such
venture, or who controls any party to such venture whether
separately or with one or more other persons acting as a group for
the purpose of controlling such party.''; and
(3) in subsections (a), (d)(2), and (e) by striking ``research
and development'' each place it appears.
(g) Limitation.--The National Cooperative Research Act of 1984 (15
U.S.C. 4301 et seq.) is amended by adding at the end the following:
``Application of Section 4 Protections to Production of Products,
Processes, and Services
``Sec. 7. Notwithstanding sections 4 and 6, the protections of
section 4 shall not apply with respect to a joint venture's production
of a product, process, or service, as referred to in section 2(a)(6)(D),
unless--
``(1) the principal facilities for such production are located
in the United States or its territories, and
``(2) each person who controls any party to such venture
(including such party itself) is a United States person, or a
foreign person from a country whose law accords antitrust treatment
no less favorable to United States persons than to such country's
domestic persons with respect to participation in joint ventures for
production.''.
SEC. 4. REPORTS ON JOINT VENTURES AND UNITED STATES COMPETITIVENESS.
(a) Purpose.--The purpose of the reports required by this section is
to inform Congress and the American people of the effect of the National
Cooperative Research and Production Act of 1993 on the competitiveness
of the United States in key technological areas of research,
development, and production.
(b) Annual Report by the Attorney General.--In the 30-day period
beginning at each 1-year interval in the 6-year period beginning on the
date of the enactment of this Act, the Attorney General shall submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate--
(1) a list of joint ventures for which notice was filed under
section 6(a) of the National Cooperative Research and Production Act
of 1993 during the 12-month period for which such report is made,
including--
(A) the purpose of each joint venture;
(B) the identity of each party described in section 6(a)(1)
of such Act; and
(C) the identity and nationality of each person described in
section 6(a)(3) of such Act; and
(2) a list of cases and proceedings, if any, brought during such
period under the antitrust laws by the Department of Justice, and by
the Federal Trade Commission, with respect to joint ventures for
which notice was filed under such section at any time.
(c) Triennial Report by the Attorney General.--In the 30-day period
beginning at each 3-year interval in the 6-year period beginning on the
date of the enactment of this Act, the Attorney General, after
consultation with such other agencies as the Attorney General considers
to be appropriate, shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a description of the technological areas most commonly pursued by
joint ventures for production for which notice was filed under section
6(a) of the National Cooperative Research and Production Act of 1993
during the 3-year period for which such report is made, and an analysis
of the trends in the competitiveness of United States industry in such
areas.
(d) Review of Antitrust Treatment Under Foreign Laws.--In the three
30-day periods beginning 1 year, 3 years, and 6 years after the date of
the enactment of this Act, the Attorney General, after consultation with
such other agencies as the Attorney General considers to be appropriate,
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report on the antitrust treatment of United States businesses with
respect to participation in joint ventures for production, under the law
of each foreign nation any of whose domestic businesses disclosed its
nationality under section 6(a)(3) of the National Cooperative Research
and Production Act of 1993 at any time.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Cooperative Production Amendments of 1993 - Amends the National Cooperative Research Act of 1984 to apply such Act to joint ventures for the production of a product, process, or service and the testing in connection with such production.
Revises the Act to exclude from the definition of "joint venture" activities where two or more persons enter into an agreement or engage in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service other than: (1) the distribution among the parties to such venture of a product, process, or service produced by the venture; (2) the marketing of proprietary information developed through the venture formed under a written agreement entered into before the date of this Act's enactment; or (3) the licensing, conveying, or transferring of intellectual property developed through such venture formed under a written agreement entered into on or after such date.
Excludes from such definition the following activities: (1) entering into any agreement or engaging in any other conduct allocating a market with a competitor; (2) exchanging among competitors information relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture; (3) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service (other than the production by such venture); (4) using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology; and (5) entering into any agreement or engaging in any other conduct to restrict or require participation by any party to such venture in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture, with exceptions.
Modifies the "rule of reason" standard to provide that, in any action under Federal antitrust law or similar State law, the conduct of any person in making or performing a contract to carry out a joint venture shall not be deemed illegal per se, but shall be judged based on its reasonableness, taking into account all relevant factors affecting competition, including effects on competition in properly defined, relevant research, development, product, process, and service markets.
Specifies that: (1) for the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered if appropriate in the circumstances; and (2) if a purpose of a joint venture is the production of a product, process, or service, a party to such venture may file a written notification of the identity and nationality of any party to such venture or of the controlling entity.
Makes protections of the Act inapplicable with respect to a joint venture's production of a product, process, or service, unless: (1) the principal facilities for such production are located in the United States or its territories; and (2) each person who controls any party to such venture (including such party itself) is a U.S. person or a foreign person from a country whose law accords antitrust treatment no less favorable to U.S. persons than to such country's domestic persons with respect to participation in joint ventures for production.
Sets forth reporting requirements regarding joint ventures and U.S. competitiveness. | {"src": "billsum_train", "title": "National Cooperative Production Amendments of 1993"} | 2,659 | 731 | 0.565588 | 1.863058 | 0.731796 | 5.813988 | 3.705357 | 0.909226 |
SECTION 1. INCENTIVES FOR BIODIESEL.
(a) Credit for Biodiesel Used as a Fuel.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by inserting after section
40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is an amount equal to
the biodiesel mixture rate for each gallon of biodiesel
used by the taxpayer in the production of a qualified
biodiesel mixture.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate is 1 cent
for each whole percentage point (not exceeding 20
percentage points) of biodiesel in the mixture.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel
which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel,
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business,
etc.--
``(i) In general.--Biodiesel used in the
production of a qualified biodiesel mixture
shall be taken into account--
``(I) only if the sale or use
described in subparagraph (A) is in a
trade or business of the taxpayer, and
``(II) for the taxable year in
which such sale or use occurs.
``(ii) Certification for biodiesel.--
Biodiesel used in the production of a qualified
biodiesel mixture shall be taken into account
only if the taxpayer described in subparagraph
(A) obtains a certification from the producer
of the biodiesel which identifies the product
produced.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Coordination With Exemption From Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
shall, under regulations prescribed by the Secretary, be properly
reduced to take into account any benefit provided with respect to such
biodiesel solely by reason of the application of section 4041(n) or
section 4081(f).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel defined.--The term `biodiesel' means the
monoalkyl esters of long chain fatty acids derived solely from
virgin vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters derived from
vegetable oils from corn, soybeans, sunflower seeds,
cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds,
rice bran, and mustard seeds.
``(2) Registration requirements.--The term `biodiesel'
shall only include a biodiesel which meets--
``(A) the registration requirements for fuels and
fuel additives established by the Environmental
Protection Agency under section 211 of the Clean Air
Act (42 U.S.C. 7545), and
``(B) the requirements of the American Society of
Testing and Materials D6751.
``(3) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel used in the
production of any qualified biodiesel mixture,
and
``(ii) any person--
``(I) separates such biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).''
(2) Credit treated as part of general business credit.--
Section 38(b) of such Code is amended by redesignating
paragraphs (4) through (15) as paragraphs (5) through (16),
respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) the biodiesel fuels credit determined under section
40A(a),''.
(3) Conforming amendments.--
(A) Section 39(d) of such Code is amended by adding
at the end the following new paragraph:
``(11) No carryback of biodiesel fuels credit before
january 1, 2004.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2004.''.
(B) Section 196(c) of such Code is amended by
redesignating paragraphs (4) through (10) as paragraphs
(5) through (11), respectively, and by inserting after
paragraph (3) the following new paragraph:
``(4) the biodiesel fuels credit determined under section
40A(a),''.
(C) Section 6501(m) of such Code is amended by
inserting ``40A(e),'' after ``40(f),''.
(D) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 40 the
following new item:
``Sec. 40A. Biodiesel used as fuel.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2003.
(b) Reduction of Motor Fuel Excise Taxes on Biodiesel Mixtures.--
(1) In general.--Section 4081 of such Code (relating to
manufacturers tax on petroleum products) is amended by adding
at the end the following new subsection:
``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--In the case of the removal or entry of a
qualified biodiesel mixture, the rate of tax under subsection
(a) shall be the otherwise applicable rate reduced by the
biodiesel mixture rate (if any) applicable to the mixture.
``(2) Tax prior to mixing.--In the case of the removal or
entry of diesel fuel for use in producing at the time of such
removal or entry a qualified biodiesel mixture, the rate of tax
under subsection (a) shall be the rate determined under
paragraph (1), divided by a percentage equal to 100 percent
minus the percentage of biodiesel which will be in the mixture.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section 40A
shall have the meaning given such term by section 40A.
``(4) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(2) Conforming amendments.--
(A) Section 4041 of such Code is amended by adding
at the end the following new subsection:
``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 40A(b)(2)), the rates under paragraphs
(1) and (2) of subsection (a) shall be the otherwise applicable rates,
reduced by any applicable biodiesel mixture rate (as defined in section
40A(b)(1)(B)).''.
(B) Section 6427 of such Code is amended by
redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new
subsection:
``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 40A(b)(2)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to the per gallon
applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B))
with respect to such fuel.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any fuel sold after December 31, 2003.
(c) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts determined by the Secretary of the Treasury to be equivalent to
the reductions that would occur (but for this subsection) in the
receipts of the Highway Trust Fund by reason of the amendments made by
this section. | Amends the Internal Revenue Code to establish a credit to promote the production and usage of biodiesel fuel. Requires a taxpayer to obtain a certification from the producer of the biodiesel which identifies the product produced in order to utilize the credit. Imposes a tax for biodiesel not used as fuel, but for which a credit was granted. Reduces motor fuel excise taxes on biodiesel mixtures.Provides for transfers of funds from the Commodity Credit Corporation to the Highway Trust Fund in amounts equivalent to the reductions that would occur but for this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for the use of biodiesel as a fuel."} | 2,405 | 136 | 0.608874 | 1.41205 | 0.543343 | 2.56 | 20.47 | 0.86 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Employer
Health Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Small Employer Health Benefits Program
(SEHBP).
``Part 8--Small Employer Health Benefits Program (SEHBP)
``Sec. 801. Establishment of program.
``Sec. 802. Contracts with qualifying insurers.
``Sec. 803. Additional conditions.
``Sec. 804. Dissemination of information.
``Sec. 805. Subsidies.
``Sec. 806. Authorization of appropriations.
SEC. 2. ESTABLISHMENT OF SMALL EMPLOYER HEALTH BENEFITS PROGRAM
(SEHBP).
(a) In General.--Subtitle B of title I of the Employee Retirement
Income Security Act of 1974 is amended by adding after part 7 the
following new part:
``PART 8--SMALL EMPLOYER HEALTH BENEFITS PROGRAM (SEHBP)
``SEC. 801. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish, in accordance
with this part, a program under which--
``(1) qualifying small employers (as defined in subsection
(b)) are provided access to qualifying health insurance
coverage (as defined in subsection (c)) for their employees,
and
``(2) such employees may elect alternative forms of
coverage offered by various health insurance issuers.
``(b) Qualifying Small Employer Defined; Other Definitions.--For
purposes of this part:
``(1) Qualifying small employer.--
``(A) In general.--The term `qualifying small
employer' means a small employer (as defined in
paragraph (2)) that--
``(i) elects to offer health insurance
coverage provided under this part to each
employee who has been employed by that employer
for 3 months or longer; and
``(ii) elects, with respect to an employee
electing coverage under qualified health
insurance coverage, to pay at least 50 percent
of the total premium for qualifying health
insurance coverage provided under this part.
``(B) Elections.--Elections under subparagraph (A)
may be filed with the Secretary during the 180-day
period beginning with the first enrollment period
occurring under section 803 and during open enrollment
periods occurring thereafter under such section. Such
elections shall be filed in such form and manner as
shall be prescribed by the Secretary.
``(C) Part-time employment.--Under regulations of
the Secretary, in the case of an employee serving in a
position in which service is customarily less than
1,500 hours per year, the reference in subparagraph
(A)(ii) to `50 percent' shall be deemed a percentage
reduced to a percentage that bears the same ratio to 50
percent as the number of hours of service per year
customarily in such position bears to 1,500.
``(2) Small employer.--The term `small employer' means,
with respect to a year, an employer who employed an average of
fewer than 100 employees on business days during the preceding
calendar year and who employs at least 1 employee on the first
day of the year.
``(3) SEHBP.--The term `SEHBP' means the small employer
health benefits program provided under this part.
``(c) Qualifying Health Insurance Coverage.--For purposes of this
part, the term `qualifying health insurance coverage' means health
insurance coverage that meets the following requirements:
``(1) The coverage is offered by a health insurance issuer.
``(2) The benefits under such coverage are equivalent to or
greater than the lower level of benefits provided under the
service benefit plan described in section 8903(1) of title 5,
United States Code.
``(3) The coverage includes, with respect to an eligible
individual that elects coverage, coverage of the same
dependents that would be covered if the coverage were offered
under FEHBP.
``(4)(A) Subject to subparagraph (B), there is no
underwriting, through a preexisting condition limitation,
differential benefits, or different premium levels, or
otherwise, with respect to such coverage for covered
individuals or their dependents.
``(B) The premiums charged for such coverage are community-
rated for individuals within any State and may vary only--
``(i) by individual or family enrollment, and
``(ii) to the extent permitted under the laws of
such State relating to health insurance coverage
offered in the small group market, on the basis of
geography.
``(d) Other Terms.--
``(1) Health insurance coverage; health insurance issuer;
health status-related factor.--The terms `health insurance
coverage', `health insurance issuer', `health status-related
factor' have the meanings provided such terms in section 733.
``(2) Small group market.--The term `small group market'
has the meaning provided such term in section 2791(e)(5) of the
Public Health Service Act (42 U.S.C. 300gg-91(e)(5)).
``(3) FEHBP.--The term `FEHBP' means the Federal Employees
Health Benefits Program under chapter 89 of title 5, United
States Code.
``(e) Treatment of Partnerships and Self-Employed Individuals.--For
purposes of this part, and for purposes of applying section 3 to this
part and to part 5 as it applies to this part, in any case in which
qualifying health insurance coverage is, or is to be, provided under a
plan, fund, or program to individuals covered thereunder--
``(1) if such plan, fund, or program is maintained by a
partnership, the term `employer' (as defined in section 3(5))
includes the partnership in relation to the partners, and the
term `employee' (as defined in section 3(6)) includes any
partner in relation to the partnership; and
``(2) if such plan, fund, or program is maintained by a
self-employed individual, the term `employer' (as defined in
section 3(5)) and the term `employee' (as defined in section
3(6)) shall include such individual.
``SEC. 802. CONTRACTS WITH QUALIFYING INSURERS.
``(a) In General.--The Secretary shall enter into contracts with
health insurance issuers for the offering of qualifying health
insurance coverage under this part in the States in such manner as to
offer coverage to employees of employers that elect to offer coverage
under this part. Nothing in this part shall be construed as requiring
the Secretary to enter into arrangements with all such issuers seeking
to offer qualifying health insurance coverage in a State.
``(b) Continued Regulation.--Nothing in this part shall be
construed as preempting State laws applicable to health insurance
issuers that offer coverage under this part in such State.
``(c) Coordination With State Insurance Commissioners.--The
Secretary shall coordinate with the insurance commissioners for the
various States in establishing a process for handling and resolving any
complaints relating to health insurance coverage offered under this
part, to the extent necessary to augment processes otherwise available
under State law.
``SEC. 803. ADDITIONAL CONDITIONS.
``(a) Limitation on Enrollment Periods.--The Secretary may limit
the periods of times during which employees may elect coverage offered
under this part, but such election shall be consistent with the
elections permitted for employees under FEHBP and shall provide for at
least annual open enrollment periods and enrollment at the time of
initial eligibility to enroll and upon appropriate changes in family
circumstances.
``(b) Authorizing Use of States in Making Arrangements for
Coverage.--In lieu of the coverage otherwise arranged by the Secretary
under this part, the Secretary may enter an arrangement with a State
under which a State arranges for the provision of qualifying health
insurance coverage to qualifying small employers in such manner as the
Secretary would otherwise arrange for such coverage.
``(c) Use of FEHBP Model.--The Secretary shall carry out the SEHBP
using the model of the FEHBP to the extent practicable and consistent
with the provisions of this part, and, in carrying out such model, the
Secretary shall, to the maximum extent practicable, negotiate the most
affordable and substantial coverage possible for small employers.
``SEC. 804. DISSEMINATION OF INFORMATION.
``The Secretary shall widely disseminate information about SEHBP
through the media, the Internet, public service announcements, and
other employer and employee directed communications.
``SEC. 805. SUBSIDIES.
``(a) Employer Subsidies.--
``(1) Enrollment discount.--
``(A) In general.--In the case of a qualifying
small employer who is eligible under subparagraph (B),
the portion of the total premium for coverage otherwise
payable by such employer under this part shall be
reduced by 5 percent. Such reduction shall not cause an
increase in the portion of the total premium payable by
employees.
``(B) Employers eligible for discounts.--A
qualifying small employer is eligible under this
subparagraph if such employer employed an average of
fewer than 25 employees on business days during the
preceding calendar year.
``(2) Employer premium subsidy.--
``(A) In general.--The Secretary shall provide to
qualifying small employers who are eligible under
subparagraph (C) and who elect to offer health
insurance coverage under this part a subsidy for
premiums paid by the employer for coverage of employees
whose individual income (as determined by the
Secretary) is at or below 200 percent of the poverty
line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including
any revision required by such section) for an
individual.
``(B) Subsidy scaled according to size of
employer.--The subsidy provided under subparagraph (A)
shall be designed so that the subsidy equals, for any
calendar year--
``(i) 50 percent of the portion of the
premium payable by the employer for the
coverage, in the case of eligible qualifying
small employers who employ an average of fewer
than 11 employees on business days during the
preceding calendar year;
``(ii) 35 percent of the portion of the
premium payable by the employer for the
coverage, in the case of eligible qualifying
small employers who employ an average of more
than 10 employees but fewer than 26 employees
on business days during the preceding calendar
year; and
``(iii) 25 percent of the portion of the
premium payable by the employer for the
coverage, in the case of eligible qualifying
small employers who employ an average of more
than 25 employees but fewer than 51 employees
on business days during the preceding calendar
year.
``(C) Employers eligible for premium subsidy.--A
qualifying small employer is eligible under this
subparagraph if such employer employed an average of
fewer than 50 employees on business days during the
preceding calendar year.
``(b) Employee Subsidies.--
``(1) In general.--The Secretary shall provide subsidies to
employees whose family income (as determined by the Secretary)
is at or below 200 percent of the poverty line (as defined in
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision required by such
section) for a family of the size involved.
``(2) Amount of subsidy.--Such subsidies shall be in an
amount equal to the excess of the portion of the total premium
for coverage otherwise payable by the employee under this part
for any period, over 5 percent of the family income (as
determined under paragraph (1)(A)) of the employee for such
period.
``(3) Coordination of subsidies.--Notwithstanding paragraph
(1), under regulations of the Secretary, an employee may be
entitled to subsidies under this subsection for any period only
if such employee is not eligible for subsidies for such period
under any Federal or State health insurance subsidy program
(including a program under title V, XIX, or XXI of the Social
Security Act). For purposes of this paragraph, an employee is
`eligible' for a subsidy under a program if such employee is
entitled to such subsidy or would, upon filing application
therefore, be entitled to such subsidy.
``(4) Authority to expand eligibility.--The Secretary may,
to the extent of available funding, provide for expansion of
the subsidy program under this subsection to employees whose
family income (as defined by the Secretary) is at or below 300
percent of the poverty line (as determined under paragraph
(1)).
``(c) Procedures.--The Secretary shall establish by regulation
applications, methods, and procedures for carrying out this section,
including measures to ascertain or confirm levels of income.
``SEC. 806. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated, for the period beginning
with fiscal year 2006 and ending with fiscal year 2015, $50,000,000,000
to carry out this part, including the establishment of subsidies under
section 805.''.
(b) Report on Offering National Health Plans.--Not later than 18
months after the date of the enactment of this Act, the Secretary of
Labor shall report to Congress the Secretary's recommendations
regarding the feasibility of offering national health plans under part
8 of subtitle B of title I of the Employee Retirement Income Security
Act of 1974, as added by subsection (a).
(c) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is amended by inserting
after the item relating to section 734 the following new items:
``Part 8--Small Employer Health Benefits Program (SEHBP)
``801. Establishment of program.
``802. Contracts with qualifying insurers.
``803. Additional conditions.
``804. Dissemination of information.
``805. Subsidies.
``806. Authorization of appropriations.''. | Small Employer Health Benefits Program Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to direct the Secretary of Labor to establish the Small Employer Health Benefits Program under which: (1) qualifying small employers are provided access to qualifying health insurance coverage for their employees; and (2) such employees may elect alternative forms of coverage offered by various health insurance issuers.
Limits such program to small employers that elect to: (1) offer health insurance coverage to each individual employed for three months or longer; and (2) pay at least half the total premium for qualifying health insurance coverage for such individual. Provides for coverage of part-time employees.
Requires the Secretary to enter into contracts with health insurance issuers for the offering of such insurance coverage.
Reduces by five percent the total premium otherwise payable by such employer if an average of fewer than 25 employees were employed during the preceding calendar year.
Requires the Secretary to provide premium subsidies (calculated according to specified formulae) to: (1) employers for coverage of employees whose individual income is at or below 200 percent of the poverty line; as well as (2) such employees. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 to provide for the establishment in the Department of Labor of a Small Employer Health Benefits Program."} | 3,201 | 242 | 0.613614 | 1.561853 | 0.893799 | 3.842795 | 12.593886 | 0.934498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security Innovation &
Reform Act of 2011'' or the ``AIR Act of 2011''.
SEC. 2. OFFICE OF BEHAVIOR ANALYSIS.
Section 114 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(2) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(3) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary''; and
(4) by inserting after subsection (s) the following:
``(t) Office of Behavior Analysis.--
``(1) Establishment.--There is established in the
Transportation Security Administration the Office of Behavior
Analysis (in this subsection referred to as the `Office').
``(2) Location.--The Office of Behavior Analysis shall be
within the Office of Security Operations of the Transportation
Security Administration in the Department of Homeland Security
and shall be headed by a Transportation Security Administration
career employee, who shall be appointed by the Assistant
Secretary of Homeland Security (Transportation Security
Administration).
``(3) Duties.--To the extent and in the manner determined
to be appropriate by the Assistant Secretary, the head of the
Office shall be responsible for--
``(A) advising the Transportation Security
Administration and other Federal, State, and local
government law enforcement agencies on behavior
detection methodologies and best practices; and
``(B) providing behavior detection training to law
enforcement personnel to facilitate the prevention of
terrorist attacks on aviation and mass transportation
systems.''.
SEC. 3. CONTINUING SECURITY TRAINING.
Section 44935 of title 49, United States Code, is amended--
(1) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary'';
(3) by amending subsection (g) to read as follows:
``(g) Training.--
``(1) Training plan.--The Assistant Secretary shall
maintain a plan for the training of Transportation Security
Officers that--
``(A) to the maximum extent practicable, ensures
that the training received by Transportation Security
Officers is standardized; and
``(B) meets the requirements of this subsection.
``(2) General training requirements.--The plan required by
paragraph (1) shall require, at a minimum, that an individual
employed as a Transportation Security Officer--
``(A) receives, before the individual performs any
screening functions as a Transportation Security
Officer, training in basic security screening skills
and in criminal and antiterrorism awareness;
``(B) completes a program that the Assistant
Secretary determines will train individuals to a level
of proficiency to adequately perform on the job;
``(C) successfully completes an up-to-date
technical training examination prescribed by the
Assistant Secretary; and
``(D) in the case of a Transportation Security
Officer who will be responsible for verifying travel
documents, completes up-to-date technical training in
document fraud identification, as considered
appropriate by the Assistant Secretary.
``(3) Equipment-specific training.--An individual employed
as a Transportation Security Officer may not use any security
screening device or equipment in the scope of that individual's
employment unless the individual has been trained on that
device or equipment and has successfully completed a test on
the use of the device or equipment.
``(4) Continuing education.--The plan required by paragraph
(1) shall require an individual employed as a Transportation
Security Officer to receive annual training, as considered
appropriate by the Assistant Secretary.
``(5) Use of other agencies.--The Assistant Secretary may
enter into a memorandum of understanding or other arrangement
with any other Federal agency or department with appropriate
law enforcement responsibilities, to provide personnel,
resources, or other forms of assistance in the training of
Transportation Security Officers.'';
(4) by moving subsection (h) 2 ems to the left; and
(5) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k).
SEC. 4. PARTNERSHIPS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES,
INTERNATIONAL GOVERNMENTS, AND THE PRIVATE SECTOR.
(a) In General.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) (in this Act referred to as
the ``Assistant Secretary'') shall develop and maintain partnerships
with State and local law enforcement agencies to improve the
coordination of behavior detection activities.
(b) Collaboration in Training and Behavior Detection Activities.--
In implementing partnerships under subsection (a), the Assistant
Secretary shall--
(1) coordinate the provision of behavior detection training
for State and local law enforcement officers with similar
training provided for Transportation Security Officers of the
Transportation Security Administration; and
(2) provide behavior detection officers with the
opportunity to cross-train with State and local law enforcement
agencies and other Federal law enforcement agencies that are
responsible for protecting critical infrastructure facilities
and mass transit systems, as the Assistant Secretary considers
appropriate.
(c) Study on Real-Time Information Sharing.--
(1) In general.--The Secretary of Homeland Security shall
conduct a study on the feasibility of creating an Aviation
Sharing Analysis Center (in this Act referred to as ``ASAC'')
to provide real-time information sharing relating to threats to
the aviation sector.
(2) Scope.--The Secretary shall study the feasibility of
providing information sharing and analysis on a formal and
informal basis among public and private sector entities in a
manner that ensures a better understanding of security problems
in the aviation sector, better communication of critical
infrastructure information, and better prevention, detection,
and mitigation of security threats related to critical aviation
infrastructure.
(3) Reports.--The Secretary shall submit a report to
Congress not later than 180 days after the date of the
enactment of this Act on the results of the study conducted
under this subsection.
(d) International Cooperation.--The Secretary of Homeland Security
shall continue to advocate for international cooperation in the
development of international aviation security standards, using both
bilateral and multilateral approaches by working with foreign
governments and organizations to strengthen security while promoting
travel and protecting travelers' rights.
SEC. 5. ACCESS TO INFORMATION DATABASES.
The Assistant Secretary shall--
(1) require the Transportation Security Administration's
Transportation Security Operations Center to utilize all of the
law enforcement and intelligence databases available to the
Center when checking passengers whose behavior warrants
intervention by a law enforcement official; and
(2) standardize and streamline threat-reporting guidelines
to allow behavior detection officers or other designated
Transportation Security Administration officials to receive
information from the Transportation Security Operations Center
in a timely manner.
SEC. 6. STANDARDIZATION OF POLICIES OF THE TRANSPORTATION SECURITY
ADMINISTRATION.
The Assistant Secretary shall, to the maximum extent practicable,
continue to ensure the standardization of the security and personnel
procedures of the Transportation Security Administration at airports in
the United States, including by--
(1) requiring standard operating procedures to be
consistently enforced by the Transportation Security
Administration at each airport in the United States;
(2) standardizing career advancement policies based on
merit; and
(3) establishing timeframes and milestones for
systematically conducting evaluations of the Screening of
Passengers by Observation Techniques (SPOT) training program,
in order to ensure behavior detection officers possess the
knowledge and skills needed to perform their duties.
SEC. 7. DEPLOYMENT OF ADDITIONAL SECURITY.
The Assistant Secretary shall--
(1) deploy behavior detection officers to events designated
as National Special Security Events by the Secretary of
Homeland Security, as deemed appropriate; and
(2) deploy Visible Intermodal Prevention and Response teams
at passenger rail facilities to enhance security and cross-
training opportunities for behavior detection officers, as
deemed appropriate.
SEC. 8. EMPLOYEE FEEDBACK.
The Assistant Secretary shall establish an electronic medium
through which Transportation Security Officers and behavior detection
officers of the Transportation Security Administration may anonymously
submit feedback to the Assistant Secretary regarding--
(1) the effectiveness of transportation security programs;
and
(2) any management issue that such personnel may wish to
bring to the attention of the Assistant Secretary.
SEC. 9. AIR CARGO SECURITY.
The Assistant Secretary shall develop and implement a system to
verify the accuracy of air carrier screening data to determine the
level of compliance with the congressionally mandated 100-percent air
cargo screening requirements specified in section 232 of the SAFE Port
Act (6 U.S.C. 982).
SEC. 10. EFFECTIVENESS AND EFFICIENCY OF SCREENING TECHNOLOGIES.
(a) In General.--The Assistant Secretary shall develop a technology
implementation plan that establishes how screening technologies will be
integrated into overall aviation security systems at airports. As part
of the plan, the Assistant Secretary shall--
(1) perform an internal study and evaluation of passenger
and cargo screening technologies and equipment before entering
into any contract to purchase a new technology; and
(2) ensure that all passenger and cargo screening
technology and equipment can be upgraded and easily integrated
with other technologies.
(b) Special Requirements.--Before deploying any passenger or
screening technology or equipment that is designed to detect explosive
compounds, the Assistant Secretary shall ensure that the technology and
equipment can detect all explosive compounds that are known and
characterized, such as pentaerythritol tetranitrate (PETN) and acetone
peroxide (TATP).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, and for each of the 5 years thereafter, the Assistant
Secretary shall report to Congress on the actions the Assistant
Secretary is taking to address--
(1) the recommendations included in Department of Homeland
Security's April 2011 Science and Technology Directorate study
on the Transportation Security Administration's behavior
detection (commonly referred to as ``SPOT'');
(2) the recommendations included in the Government
Accounting Office's May 2010 SPOT report; and
(3) any additional steps the Assistant Secretary has taken,
or is considering taking, to ensure that the behavior analysis
program is a cost-effective and valid counterterrorism
screening tool.
SEC. 11. FREQUENT TRAVELER PROGRAM.
The Secretary of Homeland Security shall explore expanding access
to international trusted traveler programs for international passengers
entering the United States by looking at other domestic and foreign
government trusted traveler programs and identifying the best
practices. The Secretary shall also take the lead in establishing a
multinational network of streamlined entry procedures for low-risk
travelers. The Assistant Secretary shall report to Congress not later
than 1 year after the date of the enactment of this Act with
recommendations for changes in law that may be necessary to streamline
entry procedures.
SEC. 12. AIRPORT INFRASTRUCTURE.
In carrying out this Act, the Assistant Secretary shall work with
each airport and offsite airport-related facility to continue to obtain
sufficient physical space for Transportation Security Officers to work
or train when not performing screening duty and report to Congress not
later than 1 year after the date of the enactment of this Act on the
status of the effort to obtain such space.
SEC. 13. AVIATION ADVISORY PANEL.
(a) In General.--To assist in carrying out the provisions of this
Act, the Assistant Secretary shall establish an independent panel of
experts comprised of leaders from State and local governments, first
responder communities, the private sector, and academia, with
appropriate security clearances to review Transportation Security
Administration aviation security programs, including passenger
screening programs, checked baggage screening programs, and air cargo
screening programs--
(1) to assess the risk each program is designed to
mitigate; and
(2) to develop metrics for measuring the progress of each
program in lessening that risk.
(b) Report.--Not later than 90 days after completing a review of
each program described in subsection (a), the Assistant Secretary shall
submit to Congress a copy of the report completed by the panel of
experts under subsection (a) and an action plan with defined milestones
for addressing the findings and recommendations of the panel. | Aviation Security Innovation & Reform Act of 2011 or AIR Act of 2011 - Places the Transportation Security Administration (TSA), headed by the Assistant Secretary of Homeland Security (TSA), under the administration of the Department of Homeland Security (DHS). (Effectively updates federal law to reflect the transfer of the TSA from the Department of Transportation [DOT] to DHS in March 2003.)
Establishes in the TSA the Office of Behavior Analysis, which shall provide behavior detection training to TSA and other federal, state, and local government law enforcement personnel.
Transfers from the Under Secretary of Transportation for Security to the Assistant Secretary the duty to prescribe employment standards for air carrier personnel and airport security personnel.
Revises security screening personnel training plan requirements to require the Assistant Secretary to establish a training plan for TSA Transportation Security Officers (TSOs) that: (1) ensures that TSO training is standardized; and (2) meets certain other requirements, including that each TSO receives training in basic security screening skills and criminal and antiterrorism awareness.
Requires the Assistant Secretary to develop partnerships with state and local law enforcement agencies to improve coordination of behavior detection activities.
Directs the DHS Secretary to: (1) study the feasibility of creating an Aviation Sharing Analysis Center to provide real-time information sharing among public and private sector entities with respect to threats to aviation infrastructure, and (2) continue to advocate for international cooperation with foreign governments and organizations in the development of international aviation security standards to strengthen security while promoting travel and protecting travelers' rights.
Directs the Assistant Secretary to: (1) require the TSA Transportation Security Operations Center to use all of the law enforcement and intelligence databases available when checking passengers whose behavior warrants intervention by a law enforcement official, and (2) standardize and streamline threat-reporting guidelines to allow behavior detection officers or other designated TSA officials to receive Center information in a timely manner.
Directs the Assistant Secretary to continue the standardization of TSA security and personnel procedures at U.S. airports.
Requires the Assistant Secretary to deploy: (1) behavior detection officers to National Special Security Events designated by the DHS Secretary; and (2) Visible Intermodal Prevention and Response teams at passenger rail facilities to enhance security and cross-training opportunities for behavior detection officers.
Directs the Assistant Secretary to establish an electronic medium through which TSOs and behavior detection officers may anonymously submit feedback regarding TSA transportation security programs or management issues.
Directs the Assistant Secretary to develop: (1) a system to verify the accuracy of air carrier screening data to determine the level of compliance with the congressionally mandated 100% air cargo screening requirements specified under the SAFE Port Act; and (2) a technology implementation plan that establishes how screening technologies will be integrated into overall aviation security systems at airports, such as screening technology to detect explosive compounds like pentaerythritol tetranitrate (PETN) and acetone peroxide (TATP).
Directs the DHS Secretary to explore expanding access to international trusted traveler programs for international passengers entering the United States by looking at other domestic and foreign government trusted traveler programs and identifying the best practices.
Directs the Assistant Secretary to establish an independent aviation advisory panel to review TSA aviation security programs, including passenger screening programs, checked baggage screening programs, and air cargo screening programs. | {"src": "billsum_train", "title": "A bill to address aviation security in the United States by bolstering passenger and air cargo screening procedures, to ensure that purchases of screening technologies are thoroughly evaluated for the best return on investment of the taxpayer's money, and for other purposes."} | 2,698 | 697 | 0.634827 | 1.847011 | 0.763947 | 4.115142 | 4.023659 | 0.922713 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal Observation System
Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Coastal and ocean observations provide vital
information for protecting human lives and property from marine
hazards, enhancing national and homeland security, predicting
weather and global climate change, improving ocean health, and
providing for the protection, sustainable use, and enjoyment of
the resources of the Nation's coasts, oceans, and Great Lakes.
(2) The continuing and potentially devastating threat posed
by tsunamis, hurricanes, storm surges, and other marine hazards
requires immediate implementation of strengthened observation
and communications systems to provide timely detection,
assessment, and warnings to the millions of people living in
coastal regions of the United States and throughout the world.
(3) The 95,000-mile coastline of the United States,
including the Great Lakes, is vital to the Nation's prosperity,
contributing over $117,000,000,000 to the national economy in
2000, supporting jobs for more than 200,000,000 Americans,
handling $700,000,000,000 in waterborne commerce, and
supporting commercial and sport fisheries valued at more than
$50,000,000,000 annually.
(4) Safeguarding homeland security, conducting search and
rescue operations, responding to natural and manmade coastal
hazards (such as oil spills and harmful algal blooms), and
managing fisheries and other coastal activities each require
improved monitoring of the Nation's waters and coastline,
including the ability to track vessels and to provide rapid
response teams with real-time environmental conditions
necessary for their work.
(5) While knowledge of the coastal and ocean environment
and processes is far from complete, advances in sensing
technologies and scientific understanding have made possible
long-term and continuous observation from shore, space, and in
situ of coastal and ocean characteristics and conditions.
(6) Many elements of a coastal and ocean observing system
are in place, but require national investment, consolidation,
completion, and integration at Federal, regional, State, and
local levels.
(7) The Commission on Ocean Policy recommends a national
commitment to a sustained and integrated coastal and ocean
observing system and to coordinated research programs in order
to assist the Nation and the world in understanding the oceans
and the global climate system, enhancing homeland security,
improving weather and climate forecasts, strengthening
management of coastal and ocean resources, improving the safety
and efficiency of maritime operations, and mitigating marine
hazards.
(8) In 2003, the United States led more than 50 nations in
affirming the vital importance of timely, quality, long-term
global observations as a basis for sound decisionmaking,
recognizing the contribution of observation systems to meet
national, regional, and global needs, and calling for
strengthened cooperation and coordination in establishing a
Global Earth Observation System of Systems, of which an
integrated coastal and ocean observing system is an essential
part.
(b) Purposes.--The purposes of this Act are to provide for--
(1) the development and maintenance of an integrated
coastal and ocean observing system that provides data and
information to ensure national security and public safety,
support economic development, sustain and restore healthy
marine ecosystems and the resources they support, enable
advances in scientific understanding of the oceans, and
strengthen science education and communication;
(2) implementation of research and development and
education programs to improve understanding of the oceans and
Great Lakes and to achieve the full national benefits of an
integrated coastal and ocean observing system;
(3) implementation of a data and information management
system required by all components of an integrated coastal and
ocean observing system and related research to develop early
warning systems; and
(4) establishment of a system of regional coastal and ocean
observing systems to address local needs for ocean information.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Committee.--The term ``Committee'' means the Committee
on Ocean Policy established under Executive Order 13366 (69
Fed. Reg. 76591).
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established under section 7902(a)
of title 10, United States Code.
(3) Observing system.--The term ``observing system'' means
the integrated coastal, ocean, and Great Lakes observing system
to be established by the Committee under section 4(a).
(4) National oceanographic partnership program.--The term
``National Oceanographic Partnership Program'' means the
program established under section 7901 of title 10, United
States Code.
(5) Interagency program office.--The term ``interagency
program office'' means the office established under section
4(d).
SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The Committee, acting through the Council,
shall establish and maintain an integrated system of coastal and ocean
observations, data communication and management, analysis, modeling,
research, and education designed to provide data and information for
the timely detection and prediction of changes occurring in the coastal
and ocean environment that impact the Nation's social, economic, and
ecological systems. The observing system shall provide for long-term,
continuous, and quality-controlled observations of the Nation's coasts,
oceans, and Great Lakes for the following purposes:
(1) Improving the health of the Nation's coasts, oceans,
and Great Lakes.
(2) Protecting human lives and livelihoods from hazards
such as tsunamis, hurricanes, coastal erosion, and fluctuating
Great Lakes water levels.
(3) Supporting national defense and homeland security
efforts.
(4) Understanding the effects of human activities and
natural variability on the state of the coasts and oceans and
the Nation's socioeconomic well-being.
(5) Measuring, explaining, and predicting environmental
changes.
(6) Providing for the sustainable use, protection, and
enjoyment of coastal and ocean resources.
(7) Providing a scientific basis for implementation and
refinement of ecosystem-based management.
(8) Educating the public about the role and importance of
the oceans and Great Lakes in daily life.
(9) Tracking and understanding climate change and the
ocean's and Great Lake's roles in it.
(10) Supplying critical information to marine-related
businesses such as marine transportation, aquaculture,
fisheries, and offshore energy production.
(11) Supporting research and development to ensure
continuous improvement to coastal and ocean observation
measurements and to enhance understanding of the Nation's
coastal and ocean resources.
(b) System Elements.--In order to fulfill the purposes of this Act,
the observing system shall consist of the following program elements:
(1) A national program to fulfill national observation
priorities, including the Nation's ocean contribution to the
Global Earth Observation System of Systems and the Global Ocean
Observing System.
(2) A network of regional associations to manage the
regional coastal and ocean observing and information programs
that collect, measure, and disseminate data and information
products to meet regional needs.
(3) A data management and communication system for the
timely integration and dissemination of data and information
products from the national and regional systems.
(4) A research and development program conducted under the
guidance of the Council.
(5) An outreach, education, and training program that
augments existing programs (such as the National Sea Grant
College Program and the Centers for Ocean Sciences Education
Excellence program) to ensure the use of data and information
for improving public education and awareness of the Nation's
oceans and building the technical expertise required to operate
and improve the observing system.
(c) Council Functions.--In carrying out responsibilities under this
section, the Council shall--
(1) serve as the oversight body for the design and
implementation of all aspects of the observing system;
(2) adopt plans, budgets, and standards that are developed
and maintained by the interagency program office in
consultation with the regional associations;
(3) coordinate the observing system with other earth
observing activities, including the Global Ocean Observing
System and the Global Earth Observing System of Systems;
(4) coordinate and administer programs of research and
development and education to support improvements to and the
operation of an integrated ocean and coastal observing system
and to advance the understanding of the oceans;
(5) establish pilot projects to develop technology and
methods for advancing the development of the observing system;
(6) support the development of institutional mechanisms to
further the goals of the program and provide for the
capitalization of the required infrastructure;
(7) provide, as appropriate, support for and representation
on United States delegations to international meetings on
coastal and ocean observing programs, including those under the
jurisdiction of the International Joint Commission involving
Canadian waters; and
(8) in consultation with the Secretary of State, coordinate
relevant Federal activities with those of other nations.
(d) Interagency Program Office.--
(1) Establishment.--The Council shall establish an
interagency program office to be known as ``Oceanus''.
(2) Responsibilities.--The interagency program office shall
be responsible for program planning and coordination of the
observing system.
(3) Duties.--The interagency program office shall--
(A) prepare annual and long-term plans for
consideration by the Council for the design and
implementation of the observing system that promote
collaboration among Federal agencies and regional
associations in developing global and national
observing systems, including identification and
refinement of a core set of variables to be measured by
all systems;
(B) coordinate the development of agency priorities
and budgets for implementation of the observing system,
including budgets for the regional associations;
(C) establish and refine standards and protocols
for data management and communications, including
quality standards, in consultation with participating
Federal agencies and regional associations;
(D) develop a process for the certification of the
regional associations and their periodic review and
recertification; and
(E) establish an external technical committee to
provide biennial review of the observing system.
(e) Lead Federal Agency.--The National Oceanic and Atmospheric
Administration shall be the lead Federal agency for implementation and
operation of the observing system. Based on the plans prepared by the
interagency program office and adopted by the Council, the
Administrator of the National Oceanic and Atmospheric Administration
shall--
(1) coordinate implementation, operation, and improvement
of the observing system;
(2) establish efficient and effective administrative
procedures for allocation of funds among Federal agencies and
regional associations in a timely manner and according to the
budget adopted by the Council;
(3) implement and maintain appropriate elements of the
observing system;
(4) provide for the migration of scientific and
technological advances from research and development to
operational deployment;
(5) integrate and extend existing programs and pilot
projects into the operational observation system; and
(6) certify regional associations that meet the
requirements of subsection (f).
(f) Regional Associations of Coastal and Ocean Observing Systems.--
Regional associations shall be responsible for the development and
operation of regional coastal and ocean observing systems to meet the
information needs of user groups in the region while adhering to
national standards. A regional association shall--
(1) demonstrate an organizational structure capable of
supporting and integrating all aspects of coastal and ocean
observing and information programs within a region;
(2) operate under a strategic operations and business plan
that details the operation and support of regional coastal and
ocean observing systems pursuant to the standards established
by the Council;
(3) provide information products for multiple users in the
region;
(4) work with governmental entities and programs at all
levels within the region to provide timely warnings and
outreach and education to protect the public; and
(5) be certified by the National Oceanic and Atmospheric
Administration according to certification standards developed
by the interagency program office in conjunction with the
regional associations and approved by the Council.
(g) Civil Liability.--For purposes of section 1346(b)(1) and
chapter 171 of title 28, United States Code, the Act of March 9, 1920
(46 U.S.C. App. 741 et seq., popularly known as the ``Suits in
Admiralty Act''), and the Act of March 3, 1925 (46 U.S.C. App. 781 et
seq., popularly known as the ``Public Vessels Act''), any regional
coastal and ocean observing system that is a designated part of a
certified regional association under this section shall, in carrying
out the purposes of this Act, be deemed to be part of the National
Oceanic and Atmospheric Administration, and any employee of such
system, while acting within the scope of his or her employment in
carrying out such purposes, shall be deemed to be an employee of the
Government.
SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION.
The Council shall establish programs for research and development
and education for the coastal and ocean observing system, including
projects under the National Oceanographic Partnership Program, and
consisting of the following:
(1) Basic research to advance knowledge of coastal and
ocean systems and ensure continued improvement of operational
products, including related infrastructure and observing
technology.
(2) Focused research projects to improve understanding of
the relationship between the coasts and oceans and human
activities.
(3) Large scale computing resources and research to advance
modeling of ocean and coastal processes.
(4) A coordinated effort to build public education and
awareness of the coastal and ocean environment and functions
that integrates ongoing activities (such as the National Sea
Grant College Program and the Centers for Ocean Sciences
Education Excellence program).
SEC. 6. INTERAGENCY FINANCING.
The departments and agencies represented on the Council are
authorized to participate in interagency financing and to share,
transfer, receive, obligate, and expend funds appropriated to any
member of the Council for the purposes of carrying out any
administrative or programmatic project or activity under this Act or
under the National Oceanographic Partnership Program, including support
for the interagency program office, a common infrastructure, and system
integration for a coastal and ocean observing system. Funds may be
transferred among such departments and agencies through an appropriate
instrument that specifies the goods, services, or space being acquired
from another Council member and the costs of the same.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for the implementation of an integrated coastal and ocean
observing system under section 4, and the research and development
program under section 5, including financial assistance to the
interagency program office, the regional associations for the
implementation of regional coastal and ocean observing systems, and the
departments and agencies represented on the Council, such sums as may
be necessary for each of fiscal years 2006 through 2010. At least 50
percent of the sums appropriated for the implementation of the
integrated coastal and ocean observing system under section 4 shall be
allocated to the regional associations for the implementation of the
regional coastal and ocean observing systems. Sums appropriated
pursuant to this section shall remain available until expended.
SEC. 8. REPORTING REQUIREMENT.
Not later than March 31, 2010, the President, acting through the
Council, shall transmit to Congress a report on the programs
established under sections 4 and 5. The report shall include a
description of activities carried out under the programs, an evaluation
of the effectiveness of the programs, and recommendations concerning
reauthorization of the programs and funding levels for the programs in
succeeding fiscal years. | Ocean and Coastal Observation System Act of 2005 - Directs the Committee on Ocean Policy, acting through the National Ocean Research Leadership Council, to establish and maintain an integrated system of coastal and ocean observations, data communication and management, analysis, modeling, research, and education designed to provide data and information for the timely detection and prediction of changes occurring in the coastal and ocean environment that impact the Nation's social, economic, and ecological systems.
Requires the Council to establish an interagency program office (Oceanus) responsible for program planning and coordination of the system. Requires the National Oceanic and Atmospheric Administration (NOAA) to be the lead Federal agency for system implementation and operation.
Makes regional associations responsible for the development and operation of regional coastal and ocean observing systems to meet the information needs of user groups in the region while adhering to national standards. Deems certified regional systems to be part of NOAA when carrying out this Act, and employees of such systems acting within the scope of their employment to be Federal Government employees, for purposes of civil liability under specified laws.
Directs the Council to establish programs for research, development, and education for the system.
Authorizes departments and agencies represented on the Council to participate in interagency financing and to share funds appropriated to any Council member. | {"src": "billsum_train", "title": "To develop and maintain an integrated system of coastal and ocean observations for the Nation's coasts, oceans, and Great Lakes, to improve warnings of tsunamis and other natural hazards, to enhance homeland security, to support maritime operations, and for other purposes."} | 3,252 | 282 | 0.515112 | 1.641488 | 0.74107 | 5.810484 | 12.830645 | 0.947581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World University Games Commemorative
Coin Act of 1993''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five-Dollar Gold Coins.--
(1) Issuance.--The Secretary of the Treasury (hereinafter
in this Act referred to as the ``Secretary'') shall issue not
more than 200,000 five-dollar 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) Design.--The design of such five-dollar coins shall be
emblematic of the participation of American athletes in the
World University Games. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary shall issue not more than
750,000 one-dollar coins which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Design.--The design of such dollar coins shall be
emblematic of the participation of American athletes in the
World University Games. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(c) Legal Tender.--The coins issued under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
(a) Silver Bullion.--The Secretary shall obtain silver for the
coins minted under this Act only from stockpiles established under the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.).
(b) Gold Bullion.--The Secretary shall obtain gold for the coins
minted under this Act pursuant to the authority of the Secretary under
existing law.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be selected
by the Secretary, after consultation with the Greater Buffalo Athletic
Corporation and the Commission of Fine Arts. As required under section
5135 of title 31, United States Code, the design shall also be reviewed
by the Citizens Commemorative Advisory Committee.
SEC. 5. SALE OF THE COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the face value, plus the cost of
designing and issuing such coins (including labor, materials, dies, use
of machinery, and overhead expenses).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders at a Discount.--The Secretary shall accept
prepaid orders for the coins prior to the issuance of such coins. Sales
under this subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $35
per coin for the five-dollar coins and $7 per coin for the one-dollar
coins.
SEC. 6. ISSUANCE OF THE COINS.
(a) Gold Coins.--The five-dollar coins authorized under this Act
shall be issued in uncirculated and proof qualities and shall be struck
at the United States Bullion Depository at West Point.
(b) Silver Coins.--The one-dollar coins authorized under this Act
may be issued in uncirculated and proof qualities, except that not more
than 1 facility of the United States Mint may be used to strike each
such quality.
(c) Commencement of Issuance.--The coins authorized and minted
under this Act may be issued beginning on July 1, 1993.
(d) Termination of Authority.--Coins may not be minted under this
Act after June 30, 1994.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act. Nothing in this section shall
relieve any person entering into a contract under the authority of this
Act from complying with any law relating to equal employment
opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges which are received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Greater Buffalo Athletic Corporation. Such amounts shall be used by
the Greater Buffalo Athletic Corporation to support local or community
amateur athletic programs, to erect facilities for the use of such
athletes, and to underwrite the cost of sponsoring the World University
Games.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Greater Buffalo Athletic
Corporation as may be related to the expenditures of amounts paid under
section 8.
SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
SEC. 11. FINANCIAL ASSURANCES.
It is the sense of the Congress that this coin program should be
self-sustaining and should be administered in a manner that results in
no net cost to the Numismatic Public Enterprise Fund. | World University Games Commemorative Coin Act of 1993 - Authorizes the minting and issuance of five-dollar gold coins and one-dollar silver coins to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games. | {"src": "billsum_train", "title": "World University Games Commemorative Coin Act of 1993"} | 1,314 | 99 | 0.534777 | 1.365404 | 0.684912 | 4.621951 | 13.926829 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Semitism Awareness Act of
2018''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Title VI of the Civil Rights Act of 1964 (referred to
in the section as ``title VI'') is one of the principal
antidiscrimination statutes enforced by the Department of
Education's Office for Civil Rights.
(2) Title VI prohibits discrimination on the basis of race,
color, or national origin.
(3) Both the Department of Justice and the Department of
Education have properly concluded that title VI prohibits
discrimination against Jews, Muslims, Sikhs, and members of
other religious groups when the discrimination is based on the
group's actual or perceived shared ancestry or ethnic
characteristics or when the discrimination is based on actual
or perceived citizenship or residence in a country whose
residents share a dominant religion or a distinct religious
identity.
(4) A September 8, 2010, letter from Assistant Attorney
General Thomas E. Perez to Assistant Secretary for Civil Rights
Russlynn H. Ali stated that ``[a]lthough Title VI does not
prohibit discrimination on the basis of religion,
discrimination against Jews, Muslims, Sikhs, and members of
other groups violates Title VI when that discrimination is
based on the group's actual or perceived shared ancestry or
ethnic characteristics''.
(5) To assist State and local educational agencies and
schools in their efforts to comply with Federal law, the
Department of Education periodically issues Dear Colleague
letters. On a number of occasions, these letters set forth the
Department of Education's interpretation of the statutory and
regulatory obligations of schools under title VI.
(6) On September 13, 2004, the Department of Education
issued a Dear Colleague letter regarding the obligations of
schools (including colleges) under title VI to address
incidents involving religious discrimination. The 2004 letter
specifically notes that ``since the attacks of September 11,
2001, OCR has received complaints of race or national origin
harassment commingled with aspects of religious discrimination
against Arab Muslim, Sikh, and Jewish students.''.
(7) An October 26, 2010, Dear Colleague letter issued by
the Department of Education stated, ``While Title VI does not
cover discrimination based solely on religion, groups that face
discrimination on the basis of actual or perceived shared
ancestry or ethnic characteristics may not be denied protection
under Title VI on the ground that they also share a common
faith. These principles apply not just to Jewish students, but
also to students from any discrete religious group that shares,
or is perceived to share, ancestry or ethnic characteristics
(e.g., Muslims or Sikhs).''.
(8) Anti-Semitism, and harassment on the basis of actual or
perceived shared ancestry or ethnic characteristics with a
religious group, remains a persistent, disturbing problem in
elementary and secondary schools and on college campuses.
(9) Students from a range of diverse backgrounds, including
Jewish, Arab Muslim, and Sikh students, are being threatened,
harassed, or intimidated in their schools (including on their
campuses) on the basis of their shared ancestry or ethnic
characteristics including through harassing conduct that
creates a hostile environment so severe, pervasive, or
persistent so as to interfere with or limit some students'
ability to participate in or benefit from the services,
activities, or opportunities offered by schools.
(10) The 2010 Dear Colleague letter cautioned schools that
they ``must take prompt and effective steps reasonably
calculated to end the harassment, eliminate any hostile
environment, and its effects, and prevent the harassment from
recurring,'' but did not provide guidance on current
manifestations of anti-Semitism, including discriminatory anti-
Semitic conduct that is couched as anti-Israel or anti-Zionist.
(11) The definition and examples referred to in paragraphs
(1) and (2) of section 3 have been valuable tools to help
identify contemporary manifestations of anti-Semitism, and
include useful examples of discriminatory anti-Israel conduct
that crosses the line into anti-Semitism.
(12) Awareness of this definition of anti-Semitism will
increase understanding of the parameters of contemporary anti-
Jewish conduct and will assist the Department of Education in
determining whether an investigation of anti-Semitism under
title VI is warranted.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term ``definition of anti-
Semitism''--
(1) includes the definition of anti-Semitism set forth by
the Special Envoy to Monitor and Combat Anti-Semitism of the
Department of State in the Fact Sheet issued on June 8, 2010;
and
(2) includes the examples set forth under the headings
``Contemporary Examples of Anti-Semitism'' and ``What is Anti-
Semitism Relative to Israel?'' of the Fact Sheet.
SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF
1964.
In reviewing, investigating, or deciding whether there has been a
violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) on the basis of race, color, or national origin, based on an
individual's actual or perceived shared Jewish ancestry or Jewish
ethnic characteristics, the Department of Education shall take into
consideration the definition of anti-Semitism as part of the
Department's assessment of whether the practice was motivated by anti-
Semitic intent.
SEC. 5. ADMINISTRATION.
The Assistant Secretary for Civil Rights shall administer and
enforce title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) in a manner that is consistent with the manner of
administration and enforcement described in the Dear Colleague letter
issued on September 13, 2004, by the Deputy Assistant Secretary for
Enforcement of the Department of Education, entitled ``Title VI and
Title IX Religious Discrimination in Schools and Colleges''.
SEC. 6. OTHER RULES OF CONSTRUCTION.
(a) General Rule of Construction.--Nothing in this Act shall be
construed--
(1) to expand the authority of the Secretary of Education;
(2) to alter the standards pursuant to which the Department
of Education makes a determination that harassing conduct
amounts to actionable discrimination; or
(3) to diminish or infringe upon the rights protected under
any other provision of law that is in effect as of the date of
enactment of this Act.
(b) Constitutional Protections.--Nothing in this Act shall be
construed to diminish or infringe upon any right protected under the
First Amendment to the Constitution of the United States. | Anti-Semitism Awareness Act of 2018 This bill requires the Department of Education when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics to consider the definition of "anti-Semitism" as part of its assessment of whether a practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010. | {"src": "billsum_train", "title": "Anti-Semitism Awareness Act of 2018"} | 1,516 | 173 | 0.50182 | 1.485041 | 0.701808 | 6.020979 | 9.58042 | 0.916084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity in Auditing Act of 2002''.
SEC. 2. PROHIBITION ON CONTEMPORANEOUS PERFORMANCE OF AUDIT AND NON-
AUDIT SERVICES.
(a) In General.--Section 10A of the Securities Exchange Act of 1934
(15 U.S.C. 78j-1) is amended by adding at the end the following:
``(g) Auditor Independence.--
``(1) Prohibited activities.--An independent public
accountant, and any affiliated person thereof, may not provide
to any covered issuer, during the same calendar year in which
it provides any auditing or related service required by this
title for that issuer--
``(A) any management consulting service;
``(B) any other service that is not related to the
audit, except as provided in paragraph (4); or
``(C) any other service that could result in a
potential conflict of interest or otherwise impair the
independence of the auditor, as determined by the
Commission.
``(2) Auditor rotation.--No independent public accountant,
or any affiliated person thereof, may provide auditing or
related services required by this title for any one covered
issuer in any year for more than 7 consecutive years.
``(3) Conflicts of interest.--No independent public
accountant, or affiliated person thereof, may become employed
in a management or other policymaking position, as determined
by the Commission, by any covered issuer for which that
accountant or affiliated person provided auditing services
required by this title in any capacity during the one-year
period preceding the date of employment.
``(4) Tax consulting exception.--Paragraph (1) does not
prohibit the provision of tax consulting services to a covered
issuer by an independent public accountant or affiliated person
thereof contemporaneously with any auditing or related service,
with the prior written approval of the audit committee of that
issuer, or its equivalent.
``(5) Covered issuers.--In this subsection, the term
`covered issuer' means an issuer, the securities of which are
registered under section 12.''.
(b) Commission Regulations.--Not later than 90 days after the date
of enactment of this Act, the Securities and Exchange Commission shall
issue final regulations to carry out subsection (g) of section 10A of
the Securities Exchange Act of 1934, as added by this section,
including, consistent with that subsection--
(1) a definition of the term ``management consulting
service'' that includes consulting relating to--
(A) information technology infrastructure design
and implementation;
(B) organizational behavior;
(C) marketing; and
(D) business strategy;
(2) the identification of other non-audit services
prohibited by paragraph (1) of that subsection; and
(3) a determination of management and other policymaking
positions prohibited by paragraph (3) of that subsection.
(c) Effective Date.--The amendments made by this section shall
become effective on the date of final issuance of regulations under
subsection (b).
SEC. 3. DISCLOSURE OF AND LIMITS ON CORPORATE RELATIONSHIPS.
(a) Regulations Required.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue final regulations to
require that--
(1) together with each financial statement or other report
required to be filed with the Commission pursuant to the
securities laws, each covered issuer shall disclose the nature,
duration, and extent of each relationship described in subsection (b);
and
(2) the audit committee and compensation committee of each
covered issuer shall consist solely of independent directors.
(b) Relationships.--For purposes of subsection (a)(1), a
relationship described in this subsection is--
(1) a relationship--
(A) by blood, marriage, or adoption, not more
remote than first cousin;
(B) of any professional nature; and
(C) of any financial nature; and
(2) a relationship between--
(A) any director, director nominee, an immediate
family member of such director or director nominee, or
any organization in which such director, director
nominee, or immediate family member has an interest;
and
(B) the covered issuer, any other director or
director nominee, any executive officer or executive
officer nominee, an immediate family member of such
other director, director nominee, executive officer, or
executive officer nominee, or any organization in which
such other director, director nominee, executive
officer nominee, or immediate family member has an
interest;
(c) Definitions.--As used in this section--
(1) the term ``audit committee'' means a committee of the
board of directors of a covered issuer responsible for
reviewing--
(A) the financial reports and other financial
information provided by that issuer to any governmental
body or the public;
(B) the systems of that issuer of internal controls
regarding finance, accounting, legal compliance, and
ethics that management and the board of directors have
established; and
(C) the auditing, accounting, and financial
reporting processes of that issuer generally;
(2) the term ``Commission'' means the Securities and
Exchange Commission;
(3) the term ``compensation committee'' means a committee
of the board of directors of a covered issuer responsible for
reviewing and setting the compensation of certain executive
officers of the issuer;
(4) the term ``covered issuer'' means an issuer, as defined
in section 3 of the Securities Exchange Age of 1934 (15 U.S.C.
78c), the securities of which are registered pursuant to
section 12 of that Act (15 U.S.C. 78l);
(5) the terms ``director'' and ``affiliated person'' have
the same meanings as in section 3 of the Securities Exchange
Age of 1934 (15 U.S.C. 78c); and
(6) the term ``independent director'' means an individual
director of a covered issuer who is not, or in the 5 years
preceding the date of commencement of service as a director,
has not been--
(A) employed by that issuer or an affiliated person
thereof in an executive capacity;
(B) an employee or owner of a firm or other entity
that is a paid adviser or consultant to that issuer or
an affiliated person thereof;
(C) employed by a significant customer or supplier
of that issuer or an affiliated person thereof;
(D) a party to a personal services contract with
that issuer, its chairman, or other executive, officer,
or affiliated person thereof;
(E) an employee, officer, or director of a
foundation, university, or other nonprofit organization
that receives significant grants or endowments from
that issuer or any affiliated person thereof;
(F) a relative of an executive of that issuer or
any affiliated person thereof; and
(G) part of an interlocking directorate in which
any executive officer of that issuer serves on the
board of another corporation that employs the director.
SEC. 4. SENSE OF THE SENATE REGARDING ENFORCEMENT.
It is the sense of the Senate that--
(1) tough enforcement, including criminal prosecution
whenever possible, is the most effective deterrent to
fraudulent activity; and
(2) the Commission should take a firm, swift approach to
wrongdoers. | Integrity in Auditing Act of 2002 - Amends the Securities Exchange Act of 1934 to prohibit an independent public accountant from providing: (1) management consulting or any other non-audit-related services during the same calendar year in which it provides auditing services; (2) any service that could either result in a potential conflict of interest, or impair auditor independence; or (3) auditing or related services for an issuer for more than seven consecutive years.Bars an independent public accountant from employment in a management or other policymaking position for an issuer for whom that accountant (or affiliated person) has provided auditing services during the one-year period preceding the date of employment. Permits the performance, however, of tax consulting services contemporaneously with any auditing or related service.Directs the Securities and Exchange Commission to require: (1) issuer disclosure of the nature, extent, and duration of interrelationships between the issuer and the board of directors, senior officers of the corporation, and immediate family members; and (2) the audit committee and compensation committee of an issuer to consist solely of independent directors.Expresses the sense of the Senate that: (1) tough enforcement, including criminal prosecution whenever possible, is the most effective deterrent to fraudulent activity; and (2) the Commission should take a firm, swift approach to wrongdoers. | {"src": "billsum_train", "title": "A bill to ensure the independence of accounting firms that provide auditing services to publicly traded companies and of executives, audit committees, and financial compensation committees of such companies, and for other purposes."} | 1,582 | 285 | 0.685262 | 2.109919 | 0.847114 | 4.494163 | 5.828794 | 0.945525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pascua Yaqui Mineral Rights Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Arizona.
(3) Tribe.--The term ``Tribe'' means the Pascua Yaqui
Tribe.
SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the Attorney
General of the United States and with the consent of the State, shall
acquire through eminent domain the following:
(1) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following tribally-owned parcels:
(A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and
Salt River Meridian, Pima County Arizona.
(B) Lot 4, W\1/2\SE\1/4\, sec. 13, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County,
Arizona.
(C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/
4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County Arizona.
(D) Lot 2 and Lots 45 through 76, sec. 19, T. 15
S., R. 13 E., Gila and Salt River Base & Meridian, Pima
County, Arizona.
(2) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following parcels held in trust for the benefit of Tribe:
(A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County,
Arizona.
(B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/
4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/
4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt
River Base & Meridian, Pima County, Arizona.
(b) Consideration.--Subject to subsection (c), as consideration for
the acquisition of subsurface mineral interests under subsection (a),
the Secretary shall pay to the State an amount equal to the market
value of the subsurface mineral interests acquired, as determined by--
(1) a mineral assessment that is--
(A) completed by a team of mineral specialists
agreed to by the State and the Tribe; and
(B) reviewed and accepted as complete and accurate
by a certified review mineral examiner of the Bureau of
Land Management;
(2) a negotiation between the State and the Tribe to
mutually agree on the price of the subsurface mineral
interests; or
(3) if the State and the Tribe cannot mutually agree on a
price under paragraph (2), an appraisal report that is--
(A)(i) completed by the State in accordance with
subsection (d); and
(ii) reviewed by the Tribe; and
(B) on a request of the Tribe to the Bureau of
Indian Affairs, reviewed and accepted as complete and
accurate by the Office of the Special Trustee for
American Indians of the Department of the Interior.
(c) Conditions of Acquisition.--The Secretary shall acquire
subsurface mineral interests under subsection (a) only if--
(1) the payment to the State required under subsection (b)
is accepted by the State in full consideration for the
subsurface mineral interests acquired;
(2) the acquisition terminates all right, title, and
interest of any party other than the United States in and to
the acquired subsurface mineral interests; and
(3) the Tribe agrees to fully reimburse the Secretary for
costs incurred by the Secretary relating to the acquisition,
including payment to the State for the acquisition.
(d) Determination of Market Value.--Notwithstanding any other
provision of law, unless the State and the Tribe otherwise agree to the
market value of the subsurface mineral interests acquired by the
Secretary under this section, the market value of those subsurface
mineral interests shall be determined in accordance with the Uniform
Appraisal Standards for Federal Land Acquisition, as published by the
Appraisal Institute in 2000, in cooperation with the Department of
Justice and the Office of Special Trustee for American Indians of the
Department of Interior.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the acquisition of
subsurface mineral interests under this section as the Secretary
considers to be appropriate to protect the interests of the United
States and any valid existing right.
SEC. 4. INTERESTS TAKEN INTO TRUST.
(a) Land Transferred.--Subject to subsections (b) and (c),
notwithstanding any other provision of law, not later than 180 days
after the date on which the Tribe makes the payment described in
subsection (c), the Secretary shall take into trust for the benefit of
the Tribe the subsurface rights, title, and interests, formerly
reserved to the United States, to the following parcels:
(1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County, Arizona.
(2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County, Arizona.
(b) Exceptions.--The parcels taken into trust under subsection (a)
shall not include--
(1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet
thereof;
(2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet
thereof; or
(3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County, Arizona.
(c) Consideration and Costs.--The Tribe shall pay to the Secretary
only the transaction costs relating to the assessment, review, and
transfer of the subsurface rights, title, and interests taken into
trust under subsection (a). | Pascua Yaqui Mineral Rights Act of 2005 - Directs the Secretary of the Interior, in coordination with the Attorney General and with the consent of the state of Arizona, to acquire all subsurface rights, title, and interests (including subsurface mineral interests) held by the state in specified tribally-owned parcels and in specified parcels held in trust for the benefit of the Tribe. Requires the Secretary to pay the state, as consideration for the acquisition of subsurface mineral interests, an amount equal to their market value.
Directs the Secretary to take into trust for the benefit of the Tribe the subsurface rights, title, and interests, formerly reserved to the United States, to other specified parcels. Requires the Tribe to pay to the Secretary only the transaction costs relating to the assessment, review, and transfer of the subsurface rights, title, and interests taken into trust. | {"src": "billsum_train", "title": "A bill to provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe."} | 1,521 | 192 | 0.596673 | 1.790878 | 0.75583 | 6.39759 | 7.53012 | 0.951807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Water for Our Valley Act,
2011''.
SEC. 2. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973.
(a) Findings.--Congress finds the following:
(1) The economy of the San Joaquin Valley in California is
predominantly based on irrigated agriculture served water to
the westside and southern end of the San Joaquin Valley by--
(A) the Central Valley Project; and
(B) the California State Water Project.
(2) The quantity of water available for irrigated
agriculture in these areas of the San Joaquin Valley served by
the Central Valley Project and the California State Water
Project has been reduced significantly as a result of
restrictions placed on the operations of the Central Valley
Project and the California State Water Project under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3) California's San Joaquin Valley is one of the most
productive agricultural regions in the world, and produces more
than 250 different crops with an estimated value of
$17,000,000,000 per year, supplying about eight percent of
United States agricultural production and approximately 40
percent of the Nation's fruits and vegetables on less than one
percent of the United States farmland. Crops grown in the San
Joaquin Valley are exported to 100 countries around the world.
The San Joaquin Valley is an essential source of the food
supplies for the United States and the world.
(4) Water supply shortages resulting from regulatory
restrictions on the operations of the Central Valley Project
and the California State Water Project have greatly exacerbated
the economic recession and contributed to an economic crisis in
the San Joaquin Valley.
(5)(A) More than 400,000 acres of highly productive
farmland in the San Joaquin Valley were fallowed in 2009.
(B) Unemployment rates in small rural communities in the
San Joaquin Valley remain close to 40 percent.
(C) Food banks throughout the San Joaquin Valley face
unprecedented demand from unemployed residents, with Fresno
County Food Bank expecting to serve more meals in 2011 than in
2009.
(6) Any water not captured and stored by the Central Valley
Project and the California State Water Project is water that
could have been used to sustain irrigated agriculture and the
many businesses and communities that rely on it throughout the
Central Valley of California.
(7) As of March 1, 2011, snowpack and rainfall are above
average for the State of California. However, deliveries to
water agencies that rely on exports from the Sacramento-San
Joaquin Delta (California Bay-Delta) are expected to remain at
reduced levels this year due to pumping restrictions imposed on
operations of the Central Valley Project and the California
State Water Project under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(8) Due to reduced surface water supplies, reliance on
groundwater has increased, and the withdrawals from the
aquifers are unsustainable and put significant infrastructure
at risk of collapse, including the State Water Project's
California Aqueduct, due to permanent subsidence of land over
the overdrafted aquifers.
(9) Significant habitat for a number of native fish species
in the California Bay-Delta (including tidal marsh and
wetlands), and access to spawning grounds, have been
significantly reduced during the last century.
(10) Discharge of pollutants and invasive species have
dramatically impaired the ecosystem of the California Bay-
Delta.
(11) Large-scale and sustained habitat restoration and fish
passage improvements are essential--
(A) to restore the unique ecosystem of the
California Bay-Delta; and
(B) to recover native species in the California
Bay-Delta.
(12) As of the date of enactment of this Act, Federal and
State agencies, and a number of interested parties, continue to
develop the Bay Delta Conservation Plan to establish a habitat
conservation plan--
(A) to provide ecosystem restoration;
(B) to contribute to native species recovery; and
(C) to allow for projects to proceed that restore
and protect water supplies for--
(i) the Central Valley Project; and
(ii) the California State Water Project.
(b) Compliance.--
(1) In general.--All requirements of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) relating to operations of
the Central Valley Project and the California State Water
Project (``Projects'') shall be deemed satisfied with regard to
the species and their critical habitat covered by the
biological opinions for the operations of the Central Valley
Project and the California State Water Project issued by the
United States Fish and Wildlife Service and dated December 15,
2008, and the National Marine Fisheries Service and dated June
4, 2009 (the ``biological opinions''), if--
(A) the alternatives described in that portion of
the biological opinions entitled ``Reasonable and
Prudent Alternatives'' are implemented; and
(B) the actions described in paragraph (2) are
carried out.
(2) Mandates.--The Secretary of the Interior and the
Secretary of Commerce shall ensure the following:
(A) Flows.--For each calendar year, during the
period beginning on December 1 and ending on June 30,
neither biological opinion described in paragraph (1)
shall restrict reverse flow in Old and Middle Rivers to
a 14-day average of the mean daily reverse flow of less
than -5,000 cubic feet per second.
(B) Control of pumping operations.--For each
calendar year, during the period beginning on April 1
and ending on May 31, rates of export shall not be
reduced pursuant to the biological opinion of the
National Marine Fisheries Service described in
paragraph (1), except as required to implement
California State Water Resources Control Board Water
Rights Decision 1641 or a superseding water rights
decision.
(C) Fall X2.--For each calendar year, during the
period beginning September 1 and ending November 30,
monthly average X2 no greater (more eastward) than 74
km (from the Golden Gate) shall be maintained only to
the extent that such action does not diminish the
capability of either the Central Valley Project or the
California State Water Project to make water available
for other authorized project purposes.
(3) Modification.--The Secretary of the Interior may modify
the flow and pumping operation mandates established in
paragraph (2) upon recommendations of the National Research
Council Committee on Sustainable Water and Environmental
Management in the California Bay-Delta, if such modifications--
(A) would provide greater benefits to the species
covered by the biological opinions described in
paragraph (1); and
(B) would not reduce the water delivery capability
of the Central Valley Project or California State Water
Project more than their delivery capability allowed
under paragraph (2).
(c) Implementation of Action Plan.--As soon as practicable after
the date of enactment of this Act, the Secretary of the Interior and
the Secretary of Commerce shall--
(1) establish a fish hatchery program or refuge to preserve
and restore the delta smelt in collaboration with the Governor
of the State of California; and
(2) implement a habitat program under which each Secretary
shall identify, prioritize, and implement key ecosystem
restoration and fish passage projects in the ecosystem of, and
on tributaries to, the California Bay-Delta to help ensure the
viability of--
(A) at-risk species; and
(B) species listed as threatened species or
endangered species on the list of threatened species or
the list of endangered species published under section
4(c)(1) of the Endangered Species Act of 1973 (16
U.S.C. 1533(c)(1)); and
(3) install the Head of Old River Barrier during the April-
May pulse flow, as set forth in California State Water
Resources Control Board Water Rights Decision 1641.
(d) Savings Clause.--Nothing in this section shall--
(1) diminish or result in a reduction of the water supply
deliveries of the California State Water Project to its
contractors; nor
(2) shift an existing obligation of the Central Valley
Project or other water project subject to the provisions of the
biological opinions identified in subsection (b)(1) to any
other person, agency, entity, or other water right holder.
(e) San Joaquin River Restoration Settlement Act.--Nothing in this
Act shall limit or otherwise affect the implementation of the San
Joaquin River Restoration Settlement or the San Joaquin River
Restoration Settlement Act (Public Law 111-11), including the Water
Management Goal.
(f) No Futher Restriction.--No State or any political subdivision
thereof shall adopt or attempt to enforce any requirements relating to
the impact of the operation of the Projects on the species and critical
habitat covered by the biological opinions that is more restrictive
than the requirements of this section. Any State law that authorizes
the imposition of restrictions on the operation of the Projects in a
manner that is more restrictive than this section is expressly
preempted.
(g) Termination.--This section and each authority and mandate under
this section shall terminate on March 1, 2015. | More Water for Our Valley Act, 2011 - Deems requirements of the Endangered Species Act of 1973 relating to operations of the Central Valley Project and the California State Water Project to be satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of such Projects issued by the United States Fish and Wildlife Service and the National Marine Fisheries Service if: (1) the alternatives described in that portion of the biological opinions entitled "Reasonable and Prudent Alternatives" are implemented, and (2) the Secretary of the Interior and the Secretary of Commerce carry out flow and pumping operation mandates established by this Act with respect to reverse flow in the Old and Middle Rivers between December 1 and June 30, rates of export between April 1 and May 31, and monthly average X2 between September 1 and November 30.
Authorizes the Secretary of the Interior to modify such mandates upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications would: (1) provide greater benefits to the species covered by such biological opinions; and (2) not reduce the water delivery capability of such Projects more than their delivery capability allowed under such mandates.
Requires such Secretaries to: (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the governor of California; (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of at-risk species and threatened or endangered species; and (3) install the Head of Old River Barrier during the April-May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641.
Preempts any state law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this Act.
Terminates this Act on March 1, 2015. | {"src": "billsum_train", "title": "To provide congressional direction for implementation of the Endangered Species Act as it relates to operation of the Central Valley Project and the California State Water Project and for water relief in the State of California."} | 1,976 | 429 | 0.568146 | 1.984841 | 0.644445 | 5.766169 | 4.597015 | 0.945274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promise Zone Job Creation Act of
2016''.
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), six 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 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 section,
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), and
``(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),
``(2) unemployment rates, poverty rates, household income,
home ownership, labor force participation, educational
attainment, and such other factors as the Secretary of Housing
and Urban Development and the Secretary of Agriculture may
identify, 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.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) Promise zone employment credit.--Section 1400V-2 of the
Internal Revenue Code of 1986, as added by this section, shall
apply to wages paid after the date of the enactment of this
Act, in taxable years ending after such date.
(3) Expensing of promise zone property.--Section 1400V-3 of
such Code, as so added, shall apply to property placed in
service after the date of the enactment of this Act, in taxable
years ending after such date. | Promise Zone Job Creation Act of 2016 This bill amends the Internal Revenue Code to direct the Departments of Housing and Urban Development and Agriculture, acting jointly, to designate, before January 1, 2017, not more than 20 areas as Promise Zones for purposes of priority consideration in federal grant programs and initiatives. Six of such areas shall be outside of a metropolitan statistical area or shall be determined to be rural areas. A "Promise Zone" is any area with a continuous boundary and a population of not more than 200,000 that is nominated by one or more local governments or Indian tribes and designated on the basis of unemployment rates, poverty rates, household income, home ownership, labor force participation, and educational attainment. An application for designation as a Promise Zone shall include a competitiveness plan that addresses the need of the area to attract investment and jobs and improve educational opportunities. The bill 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. A "Promise Zone property" is a 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 2016"} | 2,921 | 332 | 0.630951 | 1.990337 | 0.81116 | 3.262963 | 10.044444 | 0.914815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2008''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraph (A), (B), (C), or'' and
inserting ``subparagraph (C) or''; and
(3) by adding at the end the following:
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) subject to paragraph (6), 4 administrative workweeks
of paid parental leave under this subparagraph in connection
with the birth or placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subsection shall be considered to require
that an employee first use all or any portion of the leave described in
subparagraph (B) of paragraph (3) before being allowed to use the paid
parental leave described in subparagraph (A) of paragraph (3).
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(6) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
paid parental leave available to an employee under paragraph
(3)(A), to a total of not more than 8 administrative workweeks,
based on the consideration of--
``(i) the benefits provided to the Federal
Government of offering increased paid parental leave,
including enhanced recruitment and retention of
employees;
``(ii) the cost to the Federal Government of
increasing the amount of paid parental leave that is
available to employees;
``(iii) trends in the private sector and in State
and local governments with respect to offering paid
parental leave;
``(iv) the Federal Government's role as a model
employer; and
``(v) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry
out this subsection, including, subject to paragraph (4), the
manner in which an employee may designate any day or other
period as to which such employee wishes to use paid parental
leave described in paragraph (3)(A).''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1)(A) and (B) of such
Act to covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of
paid parental leave available to Federal employees
under section 6382(d)(3)(A) of title 5, United States
Code; and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this subsection shall be
considered to require that a covered employee first use all or
any portion of the leave described in subparagraph (B) of
paragraph (2) before being allowed to use paid parental leave
described in subparagraph (A) of paragraph (2).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--Section
102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d))
is amended by adding at the end the following:
``(3) Special rule for gao and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of
an employer described in section 101(4)(A)(iv) taking
leave under subparagraph (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of subparagraph (A)
is--
``(i) the number of weeks of paid parental
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid parental leave
available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code;
and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require that an employee of such an
employer first use all or any portion of the leave
described in clause (ii) of subparagraph (B) before
being allowed to use paid parental leave described in
clause (i) of such subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the employer
described in section 101(4)(A)(iv); and
``(ii) if not used by the employee of such
employer before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any
subsequent use.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act. | Federal Employees Paid Parental Leave Act of 2008 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) four administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave.
Authorizes the Director of the Office of Personnel Management (OPM) to increase the amount of paid parental leave available to up to eight administrative workweeks, based on the consideration of: (1) the benefits provided to the federal government of offering increased paid parental leave, including enhanced recruitment and retention of employees; (2) the cost to the federal government of increasing the amount of paid parental leave that is available to employees; (3) trends in the private sector and in state and local governments with respect to offering paid parental leave; and (4) the federal government's role as a model employer.
Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees.
Amends the Family and Medical Leave Act of 1993 to allow the same substitution for Government Accountability Office (GAO) and Library of Congress employees. | {"src": "billsum_train", "title": "A bill to provide that 4 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes."} | 1,881 | 277 | 0.576988 | 1.629797 | 0.787546 | 4.007463 | 6.447761 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacotherapy Development Act of
1996''.
TITLE I--DEVELOPMENT OF DRUGS FOR THE TREATMENT OF ADDICTIONS TO
ILLEGAL DRUGS
SEC. 101. RECOMMENDATION FOR INVESTIGATION OF DRUGS.
Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360aa(a)) is amended--
(1) by striking ``States'' each place it appears and
inserting ``States, or for treatment of an addiction to illegal
drugs''; and
(2) by striking ``such disease or condition'' each place it
appears and inserting ``such disease, condition, or treatment
of such addiction''.
SEC. 102. DESIGNATION OF DRUGS.
Section 526(a) of the Federal, Food, Drug, and Cosmetic Act (21
U.S.C. 360bb(a)) is amended--
(1) in paragraph (1)--
(A) by inserting before the period in the first
sentence the following: ``or for treatment of an
addiction to illegal drugs'';
(B) in the third sentence, by striking ``rare
disease or condition'' and inserting ``rare disease or
condition, or for treatment of an addiction to illegal
drugs,''; and
(C) by striking ``such disease or condition'' each
place it appears and inserting ``such disease,
condition, or treatment of such addiction''; and
(2) in paragraph (2)--
(A) by striking ``(2) For'' and inserting ``(2)(A)
For'';
(B) by striking ``(A) affects'' and inserting ``(i)
affects'';
(C) by striking ``(B) affects'' and inserting
``(ii) affects''; and
(D) by adding at the end thereof the following new
subparagraphs:
``(B) The term `treatment of an addiction to illegal drugs' means
any pharmacological agent or medication that--
``(i) reduces the craving for an illegal drug for an
individual who--
``(I) habitually uses the illegal drug in a manner
that endangers the public health, safety, or welfare;
or
``(II) is so addicted to the use of the illegal
drug that the individual is not able to control the
addiction through the exercise of self-control;
``(ii) blocks the behavioral and physiological effects of
an illegal drug for an individual described in clause (i);
``(iii) safely serves as a replacement therapy for the
treatment of drug abuse for an individual described in clause
(i);
``(iv) moderates or eliminates the process of withdrawal
for an individual described in clause (i);
``(v) blocks or reverses the toxic effect of an illegal
drug on an individual described in clause (i); or
``(vi) prevents, where possible, the initiation of drug
abuse in individuals at high risk.
``(C) The term `illegal drug' means a controlled substance
identified under schedules I, II, III, IV, and V in section 202(c) of
the Controlled Substance Act (21 U.S.C. 812(c)).''.
SEC. 103. PROTECTION FOR DRUGS.
Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360cc) is amended--
(1) by striking ``rare disease or condition'' each place it
appears and inserting ``rare disease or condition or for
treatment of an addiction to illegal drugs'';
(2) by striking ``such disease or condition'' each place it
appears and inserting ``such disease, condition, or treatment
of the addiction''; and
(3) in subsection (b)(1), by striking ``the disease or
condition'' and inserting ``the disease, condition, or
addiction''.
SEC. 104. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS.
Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360dd) is amended--
(1) by striking ``rare disease or condition'' and inserting
``rare disease or condition or for treatment of an addiction to
illegal drugs''; and
(2) by striking ``the disease or condition'' each place it
appears and inserting ``the disease, condition, or addiction''.
TITLE II--DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE
ADDICTION OF COCAINE AND HEROIN ADDICTIONS
SEC. 201. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE
TREATMENT OF ADDICTIONS TO ILLEGAL DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by adding at the end thereof the following new
subchapter:
``Subchapter D--Drugs for Cocaine and Heroin Addictions
``SEC. 551. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND
HEROIN ADDICTIONS.
``(a) In General.--Subject to the provisions of subsections (b) and
(c), the Secretary shall, through the Institute of Medicine of the
National Academy of Sciences, establish criteria for an acceptable drug
for the treatment of an addiction to cocaine and for an acceptable drug
for the treatment of an addiction to heroin. The criteria shall be used
by the Secretary in making a contract, or entering to a licensing
agreement, under section 552.
``(b) Requirements.--The criteria established under subsection (a)
for a drug shall include requirements--
``(1) that the application to use the drug for the
treatment of addiction to cocaine or heroin was filed and
approved by the Secretary under this Act after the date of
enactment of this section;
``(2) that a performance-based test on the drug--
``(A) has been conducted through the use of a
randomly selected test group that received the drug as
a treatment and a randomly selected control group that
received a placebo; and
``(B) has compared the long-term differences in the
addiction levels of control group participants and test
group participants;
``(3) that the performance-based test conducted under
paragraph (2) demonstrates that the drug is effective through
evidence that--
``(A) a significant number of the participants in
the test who have an addiction to cocaine or heroin are
willing to take the drug for the addiction;
``(B) a significant number of the participants in
the test who have an addiction to cocaine or heroin and
who were provided the drug for the addiction during the
test are willing to continue taking the drug as long as
necessary for the treatment of the addiction; and
``(C) a significant number of the participants in
the test who were provided the drug for the period of
time required for the treatment of the addiction
refrained from the use of cocaine or heroin for a
period of 3 years after the date of the initial
administration of the drug on the participants; and
``(4) that the drug shall have a reasonable cost of
production.
``(c) Review and Publication of Criteria.--The criteria established
under subsection (a) shall, prior to the publication and application of
such criteria, be submitted for review to the Committee on the
Judiciary and the Committee on Economic and Educational Opportunities
of the House of Representatives, and the Committee on the Judiciary and
the Committee on Labor and Human Resources of the Senate. Not later
than 90 days after notifying each of the committees, the Secretary
shall publish the criteria in the Federal Register.
``SEC. 552. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT.
``(a) Application.--
``(1) In general.--The patent owner of a drug to treat an
addiction to cocaine or heroin, may submit an application to
the Secretary--
``(A) to enter into a contract with the Secretary
to sell to the Secretary the patent rights of the owner
relating to the drug; or
``(B) in the case in which the drug is approved by
the Secretary for more than 1 indication, to enter into
an exclusive licensing agreement with the Secretary for
the manufacture and distribution of the drug to treat
an addiction to cocaine or heroin.
``(2) Requirements.--An application described in paragraph
(1) shall be submitted at such time and in such manner, and
accompanied by such information, as the Secretary may require.
``(b) Contract and Licensing Agreement.--
``(1) Requirements.--The Secretary shall enter into a
contract or a licensing agreement with a patent owner who has
submitted an application in accordance with (a) if the drug
covered under the contract or licensing agreement meets the
criteria established by the Secretary under section 551(a).
``(2) Special rule.--The Secretary shall enter into--
``(A) not more than 1 contract or exclusive
licensing agreement relating to a drug for the
treatment of an addiction to cocaine; and
``(B) not more than 1 contract or licensing
agreement relating to a drug for the treatment of an
addiction to heroin.
A contract or licensing agreement described in subparagraph (A)
or (B) shall cover not more than 1 drug.
``(3) Purchase amount.--Subject to appropriations--
``(A) the amount to be paid to a patent owner who
has entered into a contract or licensing agreement
under this subsection relating to a drug to treat an
addiction to cocaine shall be $100,000,000; and
``(B) the amount to be paid to a patent owner who
has entered into a contract or licensing agreement
under this subsection relating to a drug to treat an
addiction to heroin shall be $50,000,000.
``(c) Transfer of Rights Under Contracts and Licensing Agreement.--
``(1) Contracts.--A contract under subsection (b)(1) to
purchase the patent rights relating to a drug to treat cocaine
or heroin addiction shall transfer to the Secretary--
``(A) the exclusive right to make, use, or sell the
patented drug within the United States for the term of
the patent;
``(B) any foreign patent rights held by the patent
owner;
``(C) any patent rights relating to the process of
manufacturing the drug; and
``(D) any trade secret or confidential business
information relating to the development of the drug,
process for manufacturing the drug, and therapeutic
effects of the drug.
``(2) Licensing agreements.--A licensing agreement under
subsection (b)(1) to purchase an exclusive license relating to
manufacture and distribution of a drug to treat an addiction to
cocaine or heroin shall transfer to the Secretary--
``(A) the exclusive right to make, use, or sell the
patented drug for the purpose of treating an addiction
to cocaine or heroin within the United States for the
term of the patent;
``(B) the right to use any patented processes
relating to manufacturing the drug; and
``(C) any trade secret or confidential business
information relating to the development of the drug,
process for manufacturing the drug, and therapeutic
effects of the drug relating to use of the drug to
treat an addiction to cocaine or heroin.
``SEC. 553. PLAN FOR MANUFACTURE AND DEVELOPMENT.
``(a) In General.--Not later than 90 days after the date on which
the Secretary purchases the patent rights of a patent owner, or enters
into a licensing agreement with a patent owner, relating to a drug
under section 551, the Secretary shall develop a plan for the
manufacture and distribution of the drug.
``(b) Plan Requirements.--The plan shall set forth--
``(1) procedures for the Secretary to enter into licensing
agreements with private entities for the manufacture and the
distribution of the drug;
``(2) procedures for making the drug available to nonprofit
entities and private entities to use in the treatment of a
cocaine or heroin addiction;
``(3) a system to establish the sale price for the drug;
and
``(4) policies and procedures with respect to the use of
Federal funds by State and local governments or nonprofit
entities to purchase the drug from the Secretary.
``(c) Applicability of Procurement and Licensing Laws.--The
procurement and licensing laws of the United States shall be applicable
to procurements and licenses covered under the plan described in
subsection (a).
``(d) Review of Plan.--
``(1) In general.--Upon completion of the plan under
subsection (a), the Secretary shall notify the Committee on the
Judiciary and the Committee on Economic and Educational
Opportunities of the House of Representatives, and the
Committee on the Judiciary and the Committee on Labor and Human
Resources of the Senate, of the development of the plan and
publish the plan in the Federal Register. The Secretary shall
provide an opportunity for public comment on the plan for a
period of not more than 30 days after the date of the
publication of the plan in the Federal Register.
``(2) Final plan.--Not later than 60 days after the date of
the expiration of the comment period described in paragraph
(1), the Secretary shall publish in the Federal Register a
final plan. The implementation of the plan shall begin on the
date of the final publication of the plan.
``(e) Construction.--The development, publication, or
implementation of the plan, or any other agency action with respect to
the plan, shall not be considered agency action subject to judicial
review.
``(f) Regulations.--The Secretary may promulgate regulations to
carry out this section.
``SEC. 554. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subchapter, such sums as may be necessary in each of the fiscal years
1997 through 1999.''. | TABLE OF CONTENTS:
Title I: Development of Drugs for the Treatment of
Addictions to Illegal Drugs
Title II: Development, Manufacture, and Procurement of Drugs
for the Addiction (sic) of Cocaine and Heroin Addictions
Pharmacotherapy Development Act of 1996 -
Title I: Development of Drugs for the Treatment of Addictions to Illegal Drugs
- Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception. Requires that the sponsor of such a treatment drug be encouraged to design open protocols.
Title II: Development, Manufacture, and Procurement of Drugs for the Addiction (sic) of Cocaine and Heroin Addictions
- Requires that the Institute of Medicine of the National Academy of Sciences establish criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin.
Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary. Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Pharmacotherapy Development Act of 1996"} | 3,132 | 332 | 0.541163 | 1.591813 | 0.679414 | 3.209059 | 10.052265 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology for Teachers Act of
2001''.
SEC. 2. LOCAL APPLICATIONS FOR SCHOOL TECHNOLOGY RESOURCE GRANTS.
Section 3135 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6845) is amended--
(1) in the first sentence, by inserting ``(a) In General.--
'' before ``Each local educational agency'';
(2) in subsection (a) (as so redesignated)--
(A) in paragraph (3)(B), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (4) the following:
``(5) demonstrate the manner in which the local educational
agency will utilize at least 30 percent of the amounts provided
to the agency under this subpart in each fiscal year to provide
for in-service teacher training, or that the agency is using at
least 30 percent of its total technology funding available to
the agency from all sources (including Federal, State, and
local sources) to provide in-service teacher training.'';
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c) respectively; and
(4) in subsection (c) (as so redesignated), by striking
``subsection (e)'' and inserting ``subsection (a)''.
SEC. 3. TEACHER PREPARATION.
Part A of title III of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6811 et seq.) is amended by adding at the end the
following:
``Subpart 5--Preparing Tomorrow's Teachers To Use Technology
``SEC. 3161. PURPOSE; PROGRAM AUTHORITY.
``(a) Purpose.--It is the purpose of this subpart to assist
consortia of public and private entities in carrying out programs that
prepare prospective teachers to use advanced technology to foster
learning environments conducive to preparing all students to achieve to
challenging State and local content and student performance standards.
``(b) Program Authority.--
``(1) In general.--The Secretary is authorized, through the
Office of Educational Technology, to award grants, contracts,
or cooperative agreements on a competitive basis to eligible
applicants in order to assist them in developing or redesigning
teacher preparation programs to enable prospective teachers to
use technology effectively in their classrooms.
``(2) Period of award.--The Secretary may award grants,
contracts, or cooperative agreements under this subpart for a
period of not more than 5 years.
``SEC. 3162. ELIGIBILITY.
``(a) Eligible Applicants.--In order to receive an award under this
subpart, an applicant shall be a consortium that includes--
``(1) at least 1 institution of higher education that
offers a baccalaureate degree and prepares teachers for their
initial entry into teaching;
``(2) at least 1 State educational agency or local
educational agency; and
``(3) 1 or more of the following entities:
``(A) an institution of higher education (other
than the institution described in paragraph (1));
``(B) a school or department of education at an
institution of higher education;
``(C) a school or college of arts and sciences at
an institution of higher education;
``(D) a professional association, foundation,
museum, library, for-profit business, public or private
nonprofit organization, community-based organization,
or other entity with the capacity to contribute to the
technology-related reform of teacher preparation
programs.
``(b) Application Requirements.--In order to receive an award under
this subpart, an eligible applicant shall submit an application to the
Secretary at such time, and containing such information, as the
Secretary may require. Such application shall include--
``(1) a description of the proposed project, including how
the project would ensure that individuals participating in the
project would be prepared to use technology to create learning
environments conducive to preparing all students, including
girls and students who have economic and educational
disadvantages, to achieve to challenging State and local
content and student performance standards;
``(2) a demonstration of--
``(A) the commitment, including the financial
commitment, of each of the members of the consortium;
and
``(B) the active support of the leadership of each
member of the consortium for the proposed project;
``(3) a description of how each member of the consortium
would be included in project activities;
``(4) a description of how the proposed project would be
continued once the Federal funds awarded under this subpart
end; and
``(5) a plan for the evaluation of the program, which shall
include benchmarks to monitor progress toward specific project
objectives.
``(c) Matching Requirements.--
``(1) In general.--The Federal share of the cost of any
project funded under this subpart shall not exceed 50 percent.
Except as provided in paragraph (2), the non-Federal share of
such project may be in cash or in kind, fairly evaluated,
including services.
``(2) Acquisition of equipment.--Not more than 10 percent
of the funds awarded for a project under this subpart may be
used to acquire equipment, networking capabilities, or
infrastructure, and the non-Federal share of the cost of any
such acquisition shall be in cash.
``SEC. 3163. USE OF FUNDS.
``(a) Required Uses.--A recipient shall use funds under this
subpart for--
``(1) creating programs that enable prospective teachers to
use advanced technology to create learning environments
conducive to preparing all students, including girls and
students who have economic and educational disadvantages, to
achieve to challenging State and local content and student
performance standards; and
``(2) evaluating the effectiveness of the project.
``(b) Permissible Uses.--A recipient may use funds under this
subpart for activities, described in its application, that carry out
the purposes of this subpart, such as--
``(1) developing and implementing high-quality teacher
preparation programs that enable educators to--
``(A) learn the full range of resources that can be
accessed through the use of technology;
``(B) integrate a variety of technologies into the
classroom in order to expand students' knowledge;
``(C) evaluate educational technologies and their
potential for use in instruction; and
``(D) help students develop their own technical
skills and digital learning environments;
``(2) developing alternative teacher development paths that
provide elementary schools and secondary schools with well-
prepared, technology-proficient educators;
``(3) developing performance-based standards and aligned
assessments to measure the capacity of prospective teachers to
use technology effectively in their classrooms;
``(4) providing technical assistance to other teacher
preparation programs;
``(5) developing and disseminating resources and
information in order to assist institutions of higher education
to prepare teachers to use technology effectively in their
classrooms; and
``(6) subject to section 3162(c)(2), acquiring equipment,
networking capabilities, and infrastructure to carry out the
project.
``SEC. 3164. AUTHORIZATION OF APPROPRIATIONS.
``For purposes of carrying out this subpart, there is authorized to
be appropriated $150,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the 4 succeeding fiscal years.''. | Technology for Teachers Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to ESEA title III technology for education. Requires local applications for school technology resource grants to demonstrate how local educational agencies will use portions of such funds for in-service teacher training.Establishes a program authorizing the Secretary of Education, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements to eligible consortia for developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms. | {"src": "billsum_train", "title": "A bill to prepare tomorrow's teachers to use technology through pre-service and in-service training, and for other purposes."} | 1,652 | 124 | 0.593445 | 1.394065 | 0.598891 | 4.640777 | 15.407767 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Ensure Life- and Limb-Saving
Access to Podiatric Physicians Act'' or the ``HELLPP Act''.
SEC. 2. INCLUDING PODIATRISTS AS PHYSICIANS UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1905(a)(5)(A) of the Social Security Act
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section
1861(r)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to services
furnished on or after January 1, 2014.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirement
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 3. MODIFICATIONS TO REQUIREMENTS FOR DIABETIC SHOES TO BE INCLUDED
UNDER MEDICAL AND OTHER HEALTH SERVICES UNDER MEDICARE.
(a) In General.--Section 1861(s)(12) of the Social Security Act (42
U.S.C. 1395x(s)(12)) is amended to read as follows:
``(12) subject to section 4072(e) of the Omnibus Budget
Reconciliation Act of 1987, extra-depth shoes with inserts or
custom molded shoes (in this paragraph referred to as
`therapeutic shoes') with inserts for an individual with
diabetes, if--
``(A) the physician who is managing the
individual's diabetic condition--
``(i) documents that the individual has
diabetes;
``(ii) certifies that the individual is
under a comprehensive plan of care related to
the individual's diabetic condition; and
``(iii) documents agreement with the
prescribing podiatrist or other qualified
physician (as established by the Secretary)
that it is medically necessary for the
individual to have such extra-depth shoes with
inserts of custom molded shoes with inserts;
``(B) the therapeutic shoes are prescribed by a
podiatrist or other qualified physician (as established
by the Secretary) who--
``(i) examines the individual and
determines the medical necessity for the
individual to receive the therapeutic shoes;
and
``(ii) communicates in writing the medical
necessity to a certifying doctor of medicine or
osteopathy for the individual to have
therapeutic shoes along with findings that the
individual has peripheral neuropathy with
evidence of callus formation, a history of pre-
ulcerative calluses, a history of previous
ulceration, foot deformity, previous
amputation, or poor circulation; and
``(C) the therapeutic shoes are fitted and
furnished by a podiatrist or other qualified supplier
individual (as established by the Secretary), such as a
pedorthist or orthotist, who is not the physician
described in subparagraph (A) (unless the Secretary
finds that the physician is the only such qualified
individual in the area);''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items and services furnished on or after January
1, 2014.
SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY
THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS
AND SUPPLIERS.
(a) In General.--Section 6331(h)(2) of the Internal Revenue Code of
1986 (defining specified payment) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) any payment to any Medicaid provider or
supplier under a State plan under title XIX of the
Social Security Act.''.
(b) Effective Date.--The amendments made by this section shall
apply to levies issued after the date of the enactment of this Act. | Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or HELLPP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to include podiatrists as physicians in order to cover their services under the Medicaid program. Amends SSA title XVIII (Medicare) to revise requirements for coverage of therapeutic shoes for individuals with diabetes regarding the processes of: (1) documentation by a physician of, and certification of a comprehensive plan of care related to, the diabetic condition; (2) prescription by a podiatrist or other qualified physician upon a finding of the medical necessity for the therapeutic shoes, including findings communicated to a certifying doctor of medicine or osteopathy of certain related foot conditions; and (3) fitting and supplying the shoes. Amends the Internal Revenue Code to subject to the continuing levy upon property and property rights, for collection of unpaid taxes, any payments made to a Medicaid provider or supplier. | {"src": "billsum_train", "title": "HELLPP Act"} | 1,141 | 225 | 0.549931 | 1.553953 | 0.616614 | 2.544944 | 5.258427 | 0.814607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildland Firefighters Protection
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ``Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code.
SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.
(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ``Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
``except'' and inserting an em dash and the following:
``(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
``(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).
SEC. 4. PAY AND BENEFITS.
(a) Portal-to-Portal Compensation Pilot Program.--
(1) In general.--In the case of a wildland firefighter, for
full-time, part-time, and intermittent tours of duty, hours of
work officially ordered or approved in excess of 40 hours per
week or 8 hours per day shall be considered overtime work,
inclusive of all time the firefighter is away from their
official duty station assigned to an emergency incident, in
support of an emergency incident (including wildfires,
hurricanes, and other natural disasters to which employees are
assigned) in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as
work time in accordance with section 5542(a) of title 5, United
States Code, as amended by paragraph (2)(A). The provisions of
this subsection and the amendments made by this subsection
comprise the portal-to-portal compensation pilot program.
(2) Requirements.--
(A) Amendment to title 5.--Section 5542(a) of title
5, United States Code, is amended by adding at the end
(as a flush left sentence) the following:
``Notwithstanding paragraphs (1) and (2), and only for the duration of
the portal-to-portal compensation program under section 4 of the
Wildland Firefighters Protection Act, for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(B) Fair labor standards act of 1938.--For the
purpose of applying the provisions of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 and following)
with respect to wildland firefighters, no violation
referred to in such provisions shall be considered to
have occurred if the requirements described in the
amendment made by subparagraph (A) are met.
(C) Duration and scope of pilot program.--The pilot
program shall be carried out by the Department of the
Interior and the Department of Agriculture--
(i) for a period not to exceed 3 calendar
years beginning as of the start of the 2014
wildfire season; and
(ii) with respect to wildland firefighters
holding positions within such geographic areas
as the Secretary of Agriculture shall, in
consultation with the Secretary of the
Interior, determine.
(D) Funding.--Notwithstanding any other provision
of law, there shall be made available from the FLAME
Wildfire Suppression Reserve Funds, established by
section 502(b) of the FLAME Act of 2009 (43 U.S.C.
1748a(b)), an amount--
(i) sufficient to carry out the portal-to-
portal compensation pilot program; but
(ii) only to the extent that--
(I) in the case of the 2014
wildfire season and any subsequent
wildfire season during which the pilot
program is in effect, such amount
exceeds
(II) the average corresponding
expenses which were paid, with respect
to wildland firefighters holding
positions within the geographic area or
areas covered by the program (as
specified under subparagraph (C)(ii))
for the 2012 and 2013 wildfire seasons.
(E) Report.--No later than 90 days after the
completion of the pilot program, the Secretary of the
Interior and the Secretary of Agriculture shall submit
to Congress a joint report on the effectiveness of the
pilot program. Such report shall address the effect of
the program with respect to--
(i) recruitment and retention of wildland
firefighters; and
(ii) any cost savings.
(F) Exemption.--Employees compensated under the
pilot program shall, for the period of such program, be
exempt from any limitation on premium pay under section
5547 of title 5, United States Code.
(b) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in subparagraph (H), by inserting ``and'' at
the end; and
(C) by adding after subparagraph (H) the following:
``(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Protection Act), any pay differential received under
section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ``subparagraphs (B) through (H)
of this paragraph'' and inserting ``subparagraphs (B) through
(I),''.
(c) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
``wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(d) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ``qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed. | Wildland Firefighters Protection Act - Requires the Office of Personnel Management (OPM), in cooperation with federal land management agencies, to develop a separate and distinct occupational series for firefighters who are engaged in the prevention, control, suppression, and management of wildfires (wildland firefighters) that more accurately reflects the variety of duties performed by such firefighters. Establishes a three-year compensation pilot program for full- and part-time wildland firefighters to provide such firefighters with enhanced compensation (portal-to-portal compensation) while assigned to an emergency incident. Provides for the treatment of differential pay for hazardous duty as part of the base pay of wildland firefighters for retirement purposes. | {"src": "billsum_train", "title": "Wildland Firefighters Protection Act"} | 2,393 | 153 | 0.601427 | 1.67166 | 0.815758 | 3.15873 | 16.904762 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Records Privacy
Protection Act of 1993''.
SEC. 2. WRONGFUL DISCLOSURE OF INFORMATION CONTAINED IN PRESCRIPTION
DRUG RECORDS.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended--
(1) by redesignating section 2711 as section 2712; and
(2) by inserting after section 2710 the following new
section:
``Sec. 2711. Wrongful disclosure of information contained in
prescription drug records
``(a) In General.--Subject to subsection (b), a retailer,
physician, or administrator of a health benefit plan who knowingly
discloses, to any person, personally identifiable information contained
in a prescription drug record of an individual shall be liable to such
individual for the relief provided in subsection (c).
``(b) Exceptions.--
``(1) In general.--A retailer, physician, or administrator
of a health benefit plan may disclose personally identifiable
information contained in a prescription drug record of an
individual--
``(A) to the individual;
``(B) to any person, with the informed, written
consent of the individual given at the time the
disclosure is sought;
``(C) to a law enforcement agency pursuant to a
warrant issued under the Federal Rules of Criminal
Procedure, an equivalent State warrant, a grand jury
subpoena, or a court order;
``(D) to a law enforcement agency or a health care
agency for the purpose of addressing illegal drug
diversion or improving prescribing practices;
``(E) pursuant to a court order, in a civil
proceeding upon a showing of compelling need for the
information that cannot be accommodated by any other
means, if--
``(i) the individual is given reasonable
notice, by the person seeking the disclosure,
of the court proceeding relevant to the
issuance of the court order; and
``(ii) the individual is afforded the
opportunity to appear and contest the claim of
the person seeking the disclosure; or
``(F) to any person involved in the administration
and review of health care services provided to the
individual.
``(2) Additional safeguards.--
``(A) Order issued under paragraph (1)(c) or
(1)(e).--If an order is granted pursuant to paragraph
(1)(C) or (1)(E), the court shall impose appropriate
safeguards against unauthorized disclosure.
``(B) Court order issued under paragraph (1)(c).--
Court orders authorizing disclosure under paragraph
(1)(C) shall issue only with prior notice to the
individual and only if the law enforcement agency shows
that there is probable cause to believe that the
records or other information sought are relevant to a
legitimate law enforcement inquiry. In the case of a
State government authority, such a court order shall
not issue if prohibited by the law of such State. A
court issuing an order pursuant to this section, on a
motion made promptly by a retailer, physician, or
administrator of a health benefit plan, may quash or
modify such order if the information or records
requested are unreasonably voluminous in nature or if
compliance with such order otherwise would cause an
unreasonable burden on such retailer, physician, or
administrator of a health benefit plan.
``(c) Civil Action.--
``(1) In general.--Any individual aggrieved by any act of
an individual in violation of subsection (a) may bring a civil
action in a district court of the United States.
``(2) Damages.--The court may award--
``(A) actual damages;
``(B) punitive damages;
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred; and
``(D) such other preliminary and equitable relief
as the court determines to be appropriate.
``(3) Limitation.--No action may be brought under paragraph
(1) unless such action is begun within 2 years from the date of
the act complained of or the date of discovery of such act.
``(d) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Health benefit plan.--The term `health benefit plan'
means an employee welfare benefit plan providing medical care
to participants or beneficiaries directly or through insurance,
reimbursement, or any other hospital or medical expense
incurred policy or certificate, hospital or medical service
plan contract, or health maintenance subscriber contract.
``(2) Personally identifiable information.--The term
`personally identifiable information' means information
relating to the diagnosis or treatment of any illness,
disability, injury, or condition of an individual which
discloses the identity of such individual.
``(3) Retailer.--The term `retailer' means an individual
licensed by a State as a pharmacist to compound, dispense, or
sell any drug, chemical, poison, or pharmaceutical preparation
upon the prescription of a physician, and or one who is engaged
in the business, in or affecting interstate or foreign
commerce, of providing pharmaceutical products and services.
Such term includes an individual providing such services at a
hospital.
``(4) Physician.--The term `physician' means an individual
licensed by a State as a doctor of medicine, osteopathy,
podiatry, dental surgery, or medical dentistry to practice
medicine and surgery or dentistry, and who is engaged in the
business, in or affecting interstate or foreign commerce, of
providing health care services.
``(5) Prescription drug.--The term `prescription drug'
means a drug (as defined in section 201(g)(1) of the Federal
Food, Drug, and Cosmetic Act) (21 U.S.C. 321(g)(1)) which is
subject to regulation under section 503(b) of such Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 121 of title 18, United States Code, is amended--
(1) in the item relating to section 2711, by striking
``2711'' and inserting ``2712''; and
(2) by inserting after the item relating to 2710 the
following new item:
``2711. Wrongful disclosure of information contained in prescription
drug records.''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the 180th day following the date of the enactment of this
Act. | Prescription Drug Records Privacy Protection Act of 1993 - Amends the Federal criminal code to make any retailer of pharmaceutical products or services, physician, or administrator of a health benefit plan who knowingly discloses personally identifiable information contained in a prescription drug record of an individual liable to such individual.
Makes exceptions with respect to any such disclosures: (1) to the individual; (2) with the informed, written consent of the individual; (3) to a law enforcement agency (LEA) pursuant to a warrant, a grand jury subpoena, or a court order; (4) to an LEA or health care agency for the purpose of addressing illegal drug diversion or improving prescribing practices; (5) pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, subject to specified conditions; and (6) to any person involved in the administration and review of health care services provided to the individual.
Sets forth provisions regarding safeguards against unauthorized disclosure where court orders are granted.
Permits persons aggrieved by any act of an individual in violation of this Act to bring a civil action in a U.S. district court for actual and punitive damages, costs, and other preliminary and equitable relief, subject to specified limitations. | {"src": "billsum_train", "title": "Prescription Drug Records Privacy Protection Act of 1993"} | 1,429 | 286 | 0.678649 | 2.070777 | 0.796919 | 4.199203 | 5.215139 | 0.908367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each of the apprenticeship employees of the
employer that exceeds the applicable apprenticeship level (as
determined under subsection (e)) during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprenticeship employee for each
taxable year is equal to--
``(1) in the case of an apprenticeship employee who has not
attained 25 years of age at the close of the taxable year,
$1,500, or
``(2) in the case of an apprenticeship employee who has
attained 25 years of age at the close of the taxable year,
$1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprenticeship employee.
``(d) Apprenticeship Employee.--For purposes of this section--
``(1) In general.--The term `apprenticeship employee' means
any employee who is--
``(A) a party to an apprenticeship agreement
registered with--
``(i) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(ii) a recognized State apprenticeship
agency, and
``(B) employed by the employer in the occupation
identified in the apprenticeship agreement described in
paragraph (1), whether or not the employer is a party
to such agreement.
``(2) Minimum completion rate for eligible apprenticeship
programs.--An employee shall not be treated as an
apprenticeship employee unless such apprenticeship agreement is
with an apprenticeship program that, for the two-year period
ending on the date of the apprenticeship begins, has a
completion rate of at least 50 percent.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprenticeship employees
described in subsection (b)(1), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number, and
``(B) in the case of any apprenticeship employees
described in subsection (b)(2), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprenticeship
employees during any taxable year in the 3 taxable years
preceding the taxable year for which the credit is being
determined, the applicable apprenticeship level shall be equal
to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 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 apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for hiring an apprenticeship employee who has attained age 25. The credit is available for no more than two taxable years with respect to any apprenticeship employee. An "apprenticeship employee" means any employee who is: (1) a party to an apprenticeship agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency; and (2) employed by the employer in the occupation identified in the apprenticeship agreement, whether or not the employer is a party to such agreement. | {"src": "billsum_train", "title": "Leveraging and Energizing America\u2019s Apprenticeship Programs Act"} | 1,155 | 201 | 0.67797 | 1.804621 | 0.847431 | 3.746667 | 6.88 | 0.88 |
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