text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Academic
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; purpose; definitions.
Sec. 2. Declaration of intent.
Sec. 3. Transparency for results of public education.
Sec. 4. Maintenance of funding levels spent by States on education.
Sec. 5. Administrative expenses.
Sec. 6. Equitable participation of private schools.
(c) Purpose.--The purposes of this Act are as follows:
(1) To give States and local communities maximum
flexibility to determine how to improve academic achievement
and implement education reforms.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public for advancing the academic achievement of all
students, especially disadvantaged children.
(d) Definitions.--
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Other terms.--In this Act:
(A) Accountability.--The term ``accountability''
means that public schools are answerable to parents and
other taxpayers for the use of public funds and shall
report student progress to parents and taxpayers
regularly.
(B) Declaration of intent.--The term ``declaration
of intent'' means a decision by a State, as determined
by State Authorizing Officials or by referendum, to
assume full management responsibility for the
expenditure of Federal funds for certain eligible
programs for the purpose of advancing, on a more
comprehensive and effective basis, the educational
policy of such State.
(C) State.--The term ``State'' has the meaning
given such term in section 1122(e) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6332(e)).
(D) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who
shall authorize the submission of a declaration of
intent, and any amendments thereto, on behalf of the
State. Such officials shall include not less than 2 of
the following:
(i) The governor of the State.
(ii) The highest elected education official
of the State, if any.
(iii) The legislature of the State.
(E) State designated officer.--The term ``State
Designated Officer'' means the person designated by the
State Authorizing Officials to submit to the Secretary,
on behalf of the State, a declaration of intent, and
any amendments thereto, and to function as the point-
of-contact for the State for the Secretary and others
relating to any responsibilities arising under this
Act.
SEC. 2. DECLARATION OF INTENT.
(a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State's declaration of intent any program for which
Congress makes funds available to the State if the program is
for a purpose described in the Elementary and Education
Secondary Act of 1965 (20 U.S.C. 6301). A State may not include
any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a declaration of intent under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a declaration of intent.
(c) Contents of Declaration.--Each declaration of intent shall
contain--
(1) a list of eligible programs that are subject to the
declaration of intent;
(2) an assurance that the submission of the declaration of
intent has been authorized by the State Authorizing Officials,
specifying the identity of the State Designated Officer;
(3) the duration of the declaration of intent;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
declaration of intent and in consolidating and using the funds
under the declaration of intent;
(6) an assurance that in implementing the declaration of
intent the State will seek to advance educational opportunities
for the disadvantaged; and
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State.
(d) Duration.--The duration of the declaration of intent shall not
exceed 5 years.
(e) Review and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the declaration
of intent received from the State Designated Officer not more
than 60 days after the date of receipt of such declaration, and
shall recognize such declaration of intent unless the
declaration of intent fails to meet the requirements under
subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the declaration of intent, as submitted, shall be deemed
to be approved.
(f) Amendment to Declaration of Intent.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a
declaration of intent that is in effect. Such amendments shall
be submitted to the Secretary and considered by the Secretary
in accordance with subsection (e).
(2) Amendments authorized.--A declaration of intent that is
in effect may be amended to--
(A) expand the scope of such declaration of intent
to encompass additional eligible programs;
(B) reduce the scope of such declaration of intent
by excluding coverage of a Federal program included in
the original declaration of intent;
(C) modify the duration of such declaration of
intent; or
(D) such other modifications that the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the declaration of intent by the proposed
amendment.
(4) Treatment of program funds withdrawn from declaration
of intent.--Beginning on the effective date of an amendment
executed under paragraph (2)(B), each program requirement of
each program removed from the declaration of intent shall apply
to the State's use of funds made available under the program.
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--
(1) Informing the public about assessment and
proficiency.--Each State operating under a declaration of
intent under this Act shall inform parents and the general
public regarding the student achievement assessment system,
demonstrating student progress relative to the State's
determination of student proficiency, as described in paragraph
(2), for the purpose of accountability.
(2) Assessment and standards.--Each State operating under a
declaration of intent under this Act shall establish and
implement a single system of academic standards and academic
assessments, including the development of student proficiency
goals. Such State may apply the academic assessments and
standards described under section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311) or establish
and implement different academic assessments and standards.
(b) Accountability System.--The State shall determine and establish
an accountability system to ensure accountability under this Act.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the declaration of intent, and annually thereafter, a
State shall disseminate widely to parents and the general public a
report that describes student progress. The report shall include--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(3)(C)(xiii) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and
(2) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities for the disadvantaged.
SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.
(a) In General.--For each State consolidating and using funds
pursuant to a declaration of intent under this Act, for each school
year of the declaration of intent, the aggregate amount of funds spent
by the State on elementary and secondary education shall be not less
than 90 percent of the aggregate amount of funds spent by the State on
elementary and secondary education for the school year that coincides
with the date of enactment of this Act.
(b) Exception.--
(1) State waiver claim.--The requirement of subsection (a)
may be waived by the State Authorizing Officials if the State
having a declaration of intent in effect makes a determination,
supported by specific findings, that uncontrollable or
exceptional circumstances, such as a natural disaster or
extreme contraction of economic activity, preclude compliance
for a specified period, which may be extended. Such
determination shall be presented to the Secretary by the State
Designated Officer.
(2) Action by the secretary.--The Secretary shall accept
the State's waiver, as described in paragraph (1), if the State
has presented evidence to support such waiver. The Secretary
shall review the waiver received from the State Designated
Officer not more than 60 days after the date of receipt. If the
Secretary fails to take action within that time frame, the
waiver, as submitted, shall be deemed to be approved.
SEC. 5. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a declaration of intent may expend for administrative
expenses shall be limited to 1 percent of the aggregate amount of
Federal funds made available to the State through the eligible programs
included within the scope of such declaration of intent.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
declaration of intent does not include within its scope part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.), the amount spent by the State on administrative expenses
shall be limited to 3 percent of the aggregate amount of Federal funds
made available to the State pursuant to such declaration of intent.
SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a declaration
of intent under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
declaration of intent in the same manner as participation is provided
to private school children and teachers under section 9501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). | Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to submit to the Secretary of Education a declaration of intent, applicable for up to five years, permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each declaration to be formulated by a combination of specified State Authorizing Officials or by referendum and to list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows states to amend their declarations. Allows each declaration state to adopt new academic assessments and standards or apply those described under the Elementary and Secondary Education Act of 1965, but requires each state to have a single system of assessments and standards that includes student proficiency goals. Requires each declaration state to: (1) inform the public about its student achievement assessment system; (2) report annually on student progress toward the state's proficiency standards, disaggregating performance data by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires each declaration state to provide for the equitable participation of private school children and teachers in the activities assisted under its declaration of intent. | {"src": "billsum_train", "title": "A PLUS Act"} | 2,464 | 350 | 0.558263 | 1.75748 | 0.782455 | 2.799363 | 7.219745 | 0.850318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Toxic Wounds Research Act
of 2014''.
SEC. 2. COMPREHENSIVE PROGRAM OF RESEARCH INTO TOXIC EXPOSURES
ENCOUNTERED BY VETERANS DURING MILITARY SERVICE.
(a) Registry of Toxic Exposures.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall establish a master registry of veterans who experienced
toxic exposures while serving in the Armed Forces.
(2) Elements.--The master registry established under
paragraph (1) shall consist of the registries described in
paragraph (3). The Secretary shall establish each such registry
using the Clinical Case Registry of the Department of Veterans
Affairs as a model.
(3) Registries described.--The registries described in this
paragraph are registries for each of the following:
(A) Agent Orange.
(B) Exposure to toxins relating to a deployment
during the Persian Gulf War (as defined in section
101(33) of title 38, United States Code), including
with respect to such exposures leading to Gulf War
Illness (as defined by the Institute of Medicine of the
National Academies).
(C) Exposure to toxins relating to a deployment
during Operation Iraqi Freedom, Operation New Dawn,
Operation Enduring Freedom, or the Global War on
Terror.
(D) Exposure to toxins relating to a deployment to
Bosnia, Somalia, the Philippines, or other locations
determined appropriate by the Secretary.
(E) Exposure to toxins relating to being stationed
at a military installation potentially contaminated by
toxic substances, including Camp Lejeune, North
Carolina, Fort McClellan, Alabama, and such
installations in Guam.
(F) Any other toxic exposure the Secretary
determines appropriate.
(b) Review.--The Secretary of Veterans Affairs shall enter into an
agreement with the National Academy of Sciences to review published
scientific information and studies on the health effects of toxic
exposures covered in a registry described in subsection (a)(3). Under
such agreement, the Institute of Medicine of the National Academies
shall submit to the Secretary on a biennial basis a report on toxic
substance exposure-related illnesses. Such report shall include--
(1) a review of all scientific studies and research on the
association between toxic substance exposures and specific
diseases covered in such a registry, including the level of
association between such exposures and the specific diseases;
and
(2) recommendations for future research.
(c) Research Into the Effects of Toxic Exposure on Second and Third
Generations.--In addition to the reviews under subsection (b), the
Secretary shall enter into an agreement with the National Academy of
Sciences to review published scientific information and studies on the
health effects on the children and grandchildren of veterans with toxic
exposures covered in a registry described in subsection (a)(3). Under
such agreement, the Institute of Medicine of the National Academies
shall submit to the Secretary on a biennial basis a report on toxic
substance exposure-related illnesses. Such report shall include--
(1) a review of all scientific studies and research on the
association between toxic substance exposures and specific
diseases covered in such a registry in such children and
grandchildren, including the level of association between such
exposures and the specific diseases; and
(2) recommendations for future research.
(d) Research.--The Secretary shall use the reviews conducted under
subsections (b) and (c) to inform the decisions made by the Secretary
with respect to selecting the research to be conducted or funded by the
Department of Veterans Affairs. The Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report describing how the Secretary used such reviews to make
such selections.
SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED
WITH TOXIC EXPOSURES ENCOUNTERED BY VETERANS DURING
MILITARY SERVICE.
(a) In General.--Subchapter II of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1119. Presumptions of service connection for illnesses
associated with toxic exposures
``(a) Presumption.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, each illness, if any,
described in paragraph (2) shall be considered to have been incurred in
or aggravated by service referred to in that paragraph, notwithstanding
that there is no record of evidence of such illness during the period
of such service.
``(2) An illness referred to in paragraph (1) is any diagnosed or
undiagnosed illness that--
``(A) the Secretary determines in regulations prescribed
under this section to warrant a presumption of service
connection by reason of having a positive association with
exposure to a toxic substance covered in the master registry;
and
``(B) becomes manifest within the period, if any,
prescribed in such regulations in a veteran who served in the
Armed Forces and by reason of such service experienced such
exposure.
``(3) For purposes of this subsection, a veteran who served in the
Armed Forces in a location recognized under the master registry as
being a source of exposure and has an illness described in paragraph
(2) shall be presumed to have been exposed by reason of such service
unless there is conclusive evidence to establish that the veteran was
not so exposed by reason of such service.
``(b)(1)(A) Whenever the Secretary makes a determination described
in subparagraph (B), the Secretary shall prescribe regulations
providing that a presumption of service connection is warranted for the
illness covered by that determination for purposes of this section.
``(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence that a
positive association exists between--
``(i) the exposure of humans or animals to a toxic
substance covered in the master registry; and
``(ii) the occurrence of a diagnosed or undiagnosed illness
in humans or animals.
``(2)(A) In making determinations for purposes of paragraph (1),
the Secretary shall take into account--
``(i) the reports submitted to the Secretary by the
National Academy of Sciences under section 2(b) of the
Veterans' Toxic Wounds Research Act of 2014; and
``(ii) all other sound medical and scientific information
and analyses available to the Secretary.
``(B) In evaluating any report, information, or analysis for
purposes of making such determinations, the Secretary shall take into
consideration whether the results are statistically significant, are
capable of replication, and withstand peer review.
``(3) An association between the occurrence of an illness in humans
or animals and exposure to a toxic substance covered in the master
registry shall be considered to be positive for purposes of this
subsection if the credible evidence for the association is equal to or
outweighs the credible evidence against the association.
``(c)(1) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences under
section 2(b) of the Veterans' Toxic Wounds Research Act of 2014, the
Secretary shall determine whether or not a presumption of service
connection is warranted for each illness, if any, covered by the
report.
``(2) If the Secretary determines under this subsection that a
presumption of service connection is warranted, the Secretary shall,
not later than 60 days after making the determination, issue proposed
regulations setting forth the Secretary's determination.
``(3)(A) If the Secretary determines under this subsection that a
presumption of service connection is not warranted, the Secretary
shall, not later than 60 days after making the determination, publish
in the Federal Register a notice of the determination. The notice shall
include an explanation of the scientific basis for the determination.
``(B) If an illness already presumed to be service connected under
this section is subject to a determination under subparagraph (A), the
Secretary shall, not later than 60 days after publication of the notice
under that subparagraph, issue proposed regulations removing the
presumption of service connection for the illness.
``(4) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective on
the date of issuance.
``(d) Whenever the presumption of service connection for an illness
under this section is removed under subsection (c)--
``(1) a veteran who was awarded compensation for the
illness on the basis of the presumption before the effective
date of the removal of the presumption shall continue to be
entitled to receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting
from the illness on the basis of the presumption before that
date shall continue to be entitled to receive dependency and
indemnity compensation on that basis.
``(e) Master Registry Defined.--In this section, the term `master
registry' means the registry of veterans who experienced toxic
exposures established by section 2 of the Veterans' Toxic Wounds
Research Act of 2014.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1118 the following new item:
``1119. Presumptions of service connection for illnesses associated
with toxic exposures.''.
SEC. 4. INCLUSION OF CERTAIN INFORMATION IN ELECTRONIC HEALTH RECORDS.
In implementing the electronic health record system of the
Department of Veterans Affairs, the Secretary of Veterans Affairs shall
ensure that the electronic health record of each individual includes,
at a minimum, the following information:
(1) Whether the individual served in the Armed Forces.
(2) The Armed Force in which the individual served.
(3) The locations in which the individual was stationed or
deployed to during such service.
(4) The dates of such service.
(5) The military occupational specialty of the individual.
(6) The results of any tests or assessments of the
individual regarding--
(A) vision;
(B) hearing;
(C) hepatitis C;
(D) HIV;
(E) blood pressure;
(F) cholesterol;
(G) blood glucose test and diabetes information;
(H) body mass index measurement;
(I) bone density, as appropriate based on the age
or sex of the individual;
(J) cancer screenings (as appropriate based on the
age, sex, race, or ethnicity of the individual) for--
(i) breast cancer;
(ii) colorectal cancer;
(iii) lung cancer;
(iv) prostate cancer; and
(v) skin cancer;
(K) preventive immunizations, if not current;
(L) spirometry (for lung function);
(M) smoking;
(N) a mental health evaluation;
(O) substance abuse; or
(P) infectious diseases or parasites or other
adverse health conditions endemic to where the
individual served while in the military. | Veterans' Toxic Wounds Research Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to establish a master registry of veterans who experienced toxic exposures while serving in the Armed Forces. Includes in the master registry the registries for: Agent Orange; exposure to toxins relating to a deployment during the Persian Gulf War; exposure to toxins relating to a deployment during Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or the Global War on Terror; exposure to toxins relating to a deployment to Bosnia, Somalia, or the Philippines; and exposure to toxins relating to being stationed at a military installation potentially contaminated by toxic substances. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) to review published scientific information and studies, and make recommendations for future research, on the health effects: (1) of the toxic exposures covered in those registries, and (2) on the children and grandchildren of veterans who had a toxic exposure covered in those registries. Requires those reviews to inform the Secretary's selection of research to be conducted or funded by the VA. Establishes a presumption of a service connection, for the purpose of veterans' disability and survivor benefits, for an illness that: the Secretary determines warrants such a presumption by reason of having a positive association with exposure to a toxic substance covered in the master registry; and becomes manifest, within the period the Secretary prescribes, in a veteran who experienced such exposure while serving in the Armed Forces. Requires the Secretary's service connection determinations to be based on sound medical and scientific evidence that a positive association exists between: (1) the exposure of humans or animals to a toxic substance covered in the master registry, and (2) the occurrence of a diagnosed or undiagnosed illness in humans or animals. Directs the Secretary, in implementing the VA's electronic health record system, to include specified information in each individual's electronic health record, including whether the individual served in the Armed Forces and, if so, the locations and dates of such service. | {"src": "billsum_train", "title": "Veterans' Toxic Wounds Research Act of 2014"} | 2,503 | 473 | 0.761254 | 2.448362 | 0.85095 | 4.739348 | 5.764411 | 0.934837 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agricultural Water
Quality Policy Oversight Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and definitions.
Sec. 3. Interagency Agricultural Water Quality Policy Working Group.
Sec. 4. Advisory committee to address agriculture-related water quality
issues.
Sec. 5. Other aspects of leadership role of Department of Agriculture.
Sec. 6. Maintaining privacy of personal data received by Department of
Agriculture and data gathering locations.
Sec. 7. Agricultural water quality programs.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) The Secretary of Agriculture must provide the
leadership necessary to ensure that sound science is used to
develop Federal policy decisions and rules regarding private
agricultural lands and other rural lands.
(2) Public attention has gradually turned from the
manufacturing industry toward agriculture as a source of water
pollution.
(3) Various studies allege that agricultural production is
a source of nutrients and other forms of non-point source
pollution.
(4) Although many of these studies are based on erroneous
or incomplete data, Federal agencies are continuing to increase
the paperwork and financial burden on farmers and ranchers
through regulatory requirements based on these studies.
(5) Any Federal policy recommendations that may be issued
by any Federal agency to address water pollution problems
related to agricultural lands should be based on sound science,
subject to adequate peer review, and should take into account
the economic feasibility of implementing such recommendations
at the farm level.
(6) The majority of farmers and ranchers voluntarily manage
their land in ways that protect the productivity and quality of
their soil.
(7) Federal, State, and local technical assistance efforts
are ongoing to assist farmers and ranchers in implementing
voluntary conservation measures to assess and reduce the risk
of non-point source water pollution contributions from
agricultural production.
(8) Farmers and ranchers seeking technical assistance from
the Department of Agriculture share detailed data and
information about their operations and trust that this
information will be kept confidential.
(b) Definitions.--In this Act:
(1) Interagency working group.--The term ``Interagency
Working Group'' means the Interagency Agricultural Water
Quality Policy Working Group established pursuant to section 3.
(2) Advisory committee.--The term ``advisory committee''
means the advisory committee to address agriculture-related
water quality issues established pursuant to section 4.
(3) Sound science.--The term ``sound science'' means
technical or scientific information or techniques that have
been subjected to independent peer review, publication in one
or more scientific journals, or subjected to some other
unbiased process which assures independent scholarly critique
of research or field trial results and conclusions, including
consideration of the accuracy of collection and analysis for
all underlying data. In addition, in all cases where
replication of research results is feasible, the term can be
applied only to information or techniques that have
demonstrated repeatable results in similar trials at other
times or at multiple locations.
SEC. 3. INTERAGENCY AGRICULTURAL WATER QUALITY POLICY WORKING GROUP.
(a) Purpose.--It is the purpose of this section to establish an
executive branch working group, to be chaired by the Secretary of
Agriculture, to--
(1) ensure that sound science is used to develop
agricultural water quality policy; and
(2) provide advice and recommendations on the integration
and coordination of Federal water quality policy affecting
private agricultural lands and other rural lands.
(b) Establishment.--There is established in the executive branch a
working group, to be known as the Interagency Agricultural Water
Quality Policy Working Group. The Interagency Working Group shall
include the following members:
(1) The Secretary of Agriculture, or the designee of the
Secretary, who shall chair the Interagency Working Group.
(2) The Secretary of the Interior, or the designee of the
Secretary of the Interior. The designee of the Secretary of the
Interior shall be an officer or employee of the Geological
Survey.
(3) The Secretary of the Army, or the designee of the
Secretary of the Army.
(4) The Secretary of Commerce, or the designee of the
Secretary of Commerce. The designee of the Secretary of
Commerce shall be an officer or employee of the National
Oceanic and Atmospheric Administration.
(5) The Administrator of the Environmental Protection
Agency or the designee of the Administrator.
(6) The heads of such other Federal agencies or other
Executive Offices as the Secretary of Agriculture considers
appropriate or their designees.
(c) Meetings.--
(1) Initial meeting.--Not later than 120 days after the
date of the enactment of this Act, the Interagency Working
Group shall hold its first meeting.
(2) Time for meetings.--The Interagency Working Group shall
meet at the call of the chair, but at least annually.
(3) Quorum.--A majority of the members of the Interagency
Working Group shall constitute a quorum to conduct business
pursuant to this Act, but a lesser number of members may hold
hearings to receive testimony.
(d) Agriculture-Related Water Quality Policy Clearance.--After the
establishment of the Interagency Working Group, all new Federal water
quality policy affecting agricultural lands and other rural lands shall
be subject to approval by the Interagency Working Group.
(e) Analysis of Current Policies.--The Interagency Working Group
shall conduct a thorough analysis of national water quality policy in
effect as of the date of the enactment of this Act and affecting
agricultural and rural lands. In conducting the study, the Interagency
Working Group shall--
(1) review all existing Federal laws and programs relating
to agricultural water quality policy;
(2) review State, local, and tribal laws and programs
relating to agricultural water quality policy that the
Interagency Working Group finds pertinent;
(3) review recent agricultural water quality policy
activities by Federal agencies and determine if these policies
are backed by research and sound science;
(4) prepare recommendations on mechanisms to ensure that
sound science is the foundation of agricultural water quality
policy adopted after the date of the enactment of this Act;
(5) consult with State Governors and prepare
recommendations on how Federal agricultural water quality
policies and programs can be better integrated with ongoing
State, local, and tribal programs into a comprehensive national
policy.
(f) Submission of Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Interagency Working Group shall
submit a report to the President and Congress containing a
detailed statement of the findings and conclusions of the
Interagency Working Group derived from the study conducted by
the Interagency Working Group under subsection (e), together
with recommendations for such legislation and administrative
actions as the Interagency Working Group considers appropriate.
(2) Approval of report.--Before submission of the report,
the contents of the report shall be approved by majority vote
of the Interagency Working Group. Members voting not to approve
the contents shall be given the opportunity to submit
dissenting views with the report.
(g) Miscellaneous Powers.--
(1) Hearings.--The Interagency Working Group may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Interagency Working
Group considers necessary to carry out the duties of the
Interagency Working Group.
(2) Information from federal agencies.--The Interagency
Working Group may secure directly from any Federal agency such
information as the Interagency Working Group considers
necessary to carry out its duties. Upon request of the chair of
the Interagency Working Group, the head of such agency shall
furnish such information to the Interagency Working Group.
SEC. 4. ADVISORY COMMITTEE TO ADDRESS AGRICULTURE-RELATED WATER QUALITY
ISSUES.
(a) Establishment of Advisory Committee.--The Secretary of
Agriculture shall establish an advisory committee to address
agriculture-related water quality issues, including research and
modeling, agricultural water quality inventorying and monitoring
activities, and the availability of conservation technical assistance
for implementing agriculture-related water quality programs.
(b) Composition.--The advisory committee shall be comprised of
representatives of the agriculture industry, agricultural producers,
employees of the Department of Agriculture, research scientists from
colleges and universities, and other experts in the fields of
agriculture and water quality.
(c) Duties.--The advisory committee shall advise the Secretary of
Agriculture on all major agriculture-related water quality issues. The
advisory committee shall initially report on--
(1) the role of the Department of Agriculture for providing
oversight and coordination related to agricultural water
quality and this Act;
(2) mechanisms to ensure sound science is utilized in
agricultural water quality policy;
(3) options to ensure the financial burden of agriculture-
related water quality regulations on individual farmers and
ranchers is considered; and
(4) how best to provide assistance to priority watersheds
as designated by States in the Unified Watershed Assessments
completed as a part of the Clean Water Action Plan mandate.
(d) Meetings.--The advisory committee shall meet at such times as
the Secretary of Agriculture may require in order to provide
recommendations to the Secretary on all major agriculture-related water
quality issues as policy is developed.
SEC. 5. OTHER ASPECTS OF LEADERSHIP ROLE OF DEPARTMENT OF AGRICULTURE.
(a) Promotion of Research Cooperation.--The Secretary of
Agriculture shall ensure cooperation between the Department of
Agriculture and other Federal agencies in research activities regarding
agriculture-related water quality in order to coordinate the activities
and avoid duplication.
(b) Oversight of Research Results.--The Secretary of Agriculture
shall ensure, to the maximum extent possible, that the results of any
agriculture-related water quality research conducted by Federal
agencies be based on sound science and not report any erroneous data
with respect to agriculture-related water quality. The Secretary shall
ensure that sound science is available to all Federal agencies during
the promulgation or revision of rules after the date of the enactment
of this Act.
(c) Paperwork Burden.--To the maximum extent practicable, the
Secretary of Agriculture shall review efforts by other Federal agencies
to issue rules regarding agriculture-related water quality and make
recommendations designed to ensure that any required paperwork is
minimized and does not impede the flow of normal agricultural
activities.
SEC. 6. MAINTAINING PRIVACY OF PERSONAL DATA RECEIVED BY DEPARTMENT OF
AGRICULTURE AND DATA GATHERING LOCATIONS.
(a) Personal Data.--Information or data provided to the Department
of Agriculture by a person for the purpose of receiving technical
advice or other assistance shall remain confidential to the agency
providing the advice or assistance, including any local, State, or
Federal agency cooperating with the Department of Agriculture in
providing such advice or assistance. Natural resource conservation
plans developed by or for a landowner or operator under an education or
natural resource conservation program or authority administered by the
Secretary of Agriculture shall not be released by any person or agency
to any other person, organization, or agency, except for local, State,
or Federal agencies cooperating with the Department of Agriculture in
providing technical advice or other assistance. This information and
data are deemed to be commercial or financial information that is
privileged or confidential.
(b) Inventory, Monitoring and Site Specific Data.--In order to
maintain the personal privacy, confidentiality, and cooperation of
land-owners and operators, and to maintain the integrity of sample
sites, the geographic locations of Natural Resources Inventory of the
Department of Agriculture data gathering sites are not public
information. Natural Resources Inventory and other inventory and
monitoring site specific data are not to be released to the public
unless they have been transformed into a statistical or aggregate form
that does not allow identification of the individual landowner,
operator or specific data gathering site.
(c) Third Party Data Collection.--Any data collected by a third
party on private lands as a result of an agreement with the Department
of Agriculture or using Department funds to collect information,
produce a plan, or monitor sites is considered private and covered
under subsection (a) and (b).
SEC. 7. AGRICULTURAL WATER QUALITY PROGRAMS.
Section 208(j) of the Federal Water Pollution Control Act (33
U.S.C. 1288) is amended--
(1) in paragraph (1)--
(A) by striking ``Soil Conservation Service'' and
inserting ``Natural Resources Conservation Service'';
(B) by striking ``Such contracts may be entered
into during the period ending not later than September
31, 1988.''; and
(2) by striking paragraphs (8) and (9) and inserting the
following new paragraph:
``(8) There are hereby authorized to be appropriated to the
Secretary of Agriculture such sums as may be necessary to carry out
this subsection for fiscal years 2000 through 2010. Such sums shall
remain available until expended.''. | Agricultural Water Quality Policy Oversight Act of 1999 - Establishes in the executive branch the Interagency Water Quality Policy Working Group, to be chaired by the Secretary of Agriculture. Directs the Group to conduct an analysis of national water quality policy, including consideration of Federal, State, local, and tribal laws.
Subjects all new Federal water policy affecting agricultural and rural lands to Group approval.
(Sec. 4) Directs the Secretary of Agriculture to establish a related advisory committee, which shall consider: (1) the oversight and coordinating role of the Department of Agriculture; (2) mechanisms to ensure the use of sound science in policy development; (3) the financial considerations of farmers and ranchers; and (4) priority watersheds.
(Sec. 5) Directs te Secretary to ensure: (1) cooperation between the Department and other Federal entities; and (2) oversight of research results.
(Sec. 6) Provides for personal data confidentiality.
(Sec. 7) Amends the Federal Water Pollution Control Act with respect to certain contracts for nonpoint source water pollution control management to: (1) replace the Soil Conservation Service with the Natural Resources Conservation Service as a coordinating entity; (2) reopen contract authority; and (3) authorize appropriations. | {"src": "billsum_train", "title": "Agricultural Water Quality Policy Oversight Act of 1999"} | 2,818 | 270 | 0.638497 | 1.957278 | 0.850168 | 2.902834 | 10.696356 | 0.902834 |
SECTION 1. APPOINTMENT OF HEARING AID SPECIALISTS TO VETERANS HEALTH
ADMINISTRATION.
(a) Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United
States Code, is amended by inserting ``hearing aid
specialists,'' after ``Audiologists,''.
(2) Qualifications.--Section 7402(b) of such title is
amended--
(A) by redesignating paragraph (14) as paragraph
(15); and
(B) by inserting after paragraph (13) the following
new paragraph (14):
``(14) Hearing Aid Specialist.--To be eligible to be appointed to a
hearing aid specialist position, a person must--
``(A) hold an associate's degree in hearing instrument
sciences, or its equivalent, from a college or university
approved by the Secretary, or have successfully completed a
hearing aid specialist apprenticeship program approved by the
Secretary; and
``(B) be licensed as a hearing aid specialist, or its
equivalent, in a State.''.
(b) Treatment of Certain Current Specialists.--
(1) In general.--A hearing aid specialist described in
paragraph (2) shall be deemed to be eligible for appointment to
a hearing aid specialist position under sections 7401(3) and
7402(b)(14) of title 38, United States Code, as amended by
subsection (a).
(2) Hearing aid specialist described.--A hearing aid
specialist described in this paragraph is a hearing aid
specialist who--
(A) is not covered under section 7402(b)(14) of
title 38, United States Code, as amended by subsection
(a); and
(B) during the two-year period ending on the date
of the enactment of this Act--
(i) held an unrevoked, unsuspended hearing
aid license, or its equivalent, in a State; and
(ii) worked as a licensed hearing aid
specialist in a State.
(c) Annual Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and each year thereafter, the
Secretary of Veterans Affairs shall submit to Congress a report
on the following:
(A) Timely access to hearing health services.
(B) Contracting policies with respect to providing
hearing health services in non-Department facilities.
(2) Timely access.--With respect to the matters under
paragraph (1)(A), the report shall include the following:
(A) The staffing levels, as of the date of the
report, of audiologists, health technicians in
audiology, and hearing aid specialists in the Veterans
Health Administration.
(B) A description of how the Secretary measures
performance with respect to appointments and care
relating to hearing health.
(C) The average time, as of the date of the report,
that a patient waits to receive an appointment,
beginning on the date on which the patient makes the
request, for--
(i) a disability rating evaluation;
(ii) a primary hearing aid evaluation and
ordering of hearing aids;
(iii) dispensing of hearing aids; and
(iv) any follow-up hearing health
appointment.
(D) The percentage of patients whose total wait
time described in subparagraph (C) for both an initial
and follow-up appointment is--
(i) less than 15 days;
(ii) between 15 days and 28 days;
(iii) between 29 days and 42 days;
(iv) between 43 days and 56 days; or
(v) exceeds 56 days.
(3) Contracting policies.--With respect to the matters
under paragraph (1)(B), the report shall include the following:
(A) The number of patients that the Secretary
refers to non-Department audiologists for initial
hearing health diagnosis appointments.
(B) The number of patients described in
subparagraph (A) whom the Secretary refers to non-
Department hearing aid specialists for follow-up
hearing health care as described in paragraph (2)(C).
(C) The policies of the Veterans Health
Administration regarding the referral of patients to
non-Department hearing aid specialists and how such
policies will be applied under the Patient-Centered
Community Care Initiative.
(d) Updated Handbook.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall update and reissue the
handbook of the Veteran Health Administration numbered 1170.02 and
titled ``VHA Audiology and Speech-Language Pathology Services'' to
reflect the requirements made by this section or the amendments under
this section. | Authorizes the appointment of hearing aid specialists in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA). Requires an eligible person to: (1) hold an associate's degree in hearing instrument sciences or its equivalent from a college or university approved by the VA Secretary or have successfully completed an approved hearing aid specialist apprenticeship program, and (2) be licensed as a hearing aid specialist or its equivalent in a state. Requires the Secretary to: (1) submit an annual report on timely access to hearing health services and on contracting policies with respect to providing hearing health services in non-VA facilities, and (2) update and reissue the VHA handbook entitled "VHA Audiology and Speech-Language Pathology Services" to reflect the requirements of this Act. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to clarify the qualifications of hearing aid specialists of the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes."} | 1,017 | 172 | 0.606316 | 1.517308 | 0.862175 | 3.519737 | 6.078947 | 0.927632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program Assessment and Results
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inefficiency and ineffectiveness in Federal programs
undermines the confidence of the American people in the
Government and reduces the Federal Government's ability to
adequately address vital public needs;
(2) insufficient information on program performance
seriously disadvantages Federal managers in their efforts to
improve program efficiency and effectiveness;
(3) congressional policy making, spending decisions, and
program oversight are handicapped by insufficient attention to
program performance and results;
(4) programs performing similar or duplicative functions
that exist within a single agency or across multiple agencies
should be identified and their performance and results shared
among all such programs to improve their performance and
results;
(5) advocates of good government continue to seek ways to
improve accountability, focus on results, and integrate the
performance of programs with decisions about budgets;
(6) with the passage of the Government Performance and
Results Act of 1993, the Congress directed the executive branch
to seek improvements in the effectiveness, efficiency, and
accountability of Federal programs by having agencies focus on
program results; and
(7) the Government Performance and Results Act of 1993
provided a strong framework for the executive branch to monitor
the long-term goals and annual performance of its departments
and agencies.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to improve the Government Performance and Results Act
of 1993 by implementing a program assessment and evaluation
process that attempts to determine the strengths and weaknesses
of Federal programs with a particular focus on the results
produced by individual programs;
(2) to use the information gathered in the assessment and
evaluation process to build on the groundwork laid in the
Government Performance and Results Act of 1993 to help the
executive branch make informed management decisions and
evidence-based funding requests aimed at achieving positive
results; and
(3) to provide congressional policy makers the information
needed to conduct more effective oversight, to make better-
informed authorization decisions, and to make more evidence-
based spending decisions that achieve positive results for the
American people.
SEC. 4. PROGRAM ASSESSMENT.
(a) Requirement for Program Assessments.--Chapter 11 of title 31,
United States Code, as amended by the Government Performance and
Results Act of 1993, is amended by adding at the end the following new
section:
``Sec. 1120. Program assessment
``(a) Assessment.--The Director of the Office of Management and
Budget to the maximum extent practicable shall conduct, jointly with
agencies of the Federal Government, an assessment of each program at
least once every 5 fiscal years.
``(b) Assessment Requirements.--In conducting an assessment of a
program under subsection (a), the Director of the Office of Management
and Budget and the head of the relevant agency shall--
``(1) coordinate to determine the programs to be assessed;
and
``(2) evaluate the purpose, design, strategic plan,
management, and results of the program, and such other matters
as the Director considers appropriate.
``(c) Criteria for Identifying Programs to Assess.--The Director of
the Office of Management and Budget shall develop criteria for
identifying programs to be assessed each fiscal year. In developing the
criteria, the Director shall take into account the advantages of
assessing during the same fiscal year any programs that are performing
similar functions, have similar purposes, or share common goals, such
as those contained in strategic plans under section 306 of title 5. To
the maximum extent possible, the Director shall assess a representative
sample of Federal spending each fiscal year.
``(d) Criteria for More Frequent Assessments.--The Director of the
Office of Management and Budget shall make every effort to assess
programs more frequently than required under subsection (a) in cases in
which programs are determined to be of higher priority, special
circumstances exist, improvements have been made, or the head of the
relevant agency and the Director determine that more frequent
assessment is warranted.
``(e) Publication.--At least 90 days before completing the
assessments under this section to be conducted during a fiscal year,
the Director of the Office of Management and Budget shall--
``(1) make available in electronic form through the Office
of Management and Budget website or any successor website, and
provide to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate--
``(A) a list of the programs to be assessed during
that fiscal year; and
``(B) the criteria that will be used to assess the
programs; and
``(2) provide a mechanism for interested persons to comment
on the programs being assessed and the criteria that will be
used to assess the programs.
``(f) Report.--(1) The results of the assessments conducted during
a fiscal year shall be submitted in a report to Congress at the same
time that the President submits the next budget under section 1105 of
this title after the end of that fiscal year.
``(2) The report shall--
``(A) include the performance goals for each program
assessment;
``(B) specify the criteria used for each assessment;
``(C) describe the results of each assessment, including
any significant limitation in the assessments;
``(D) describe significant modifications to the Federal
Government performance plan required under section 1105(a)(28)
of this title made as a result of the assessments; and
``(E) be available in electronic form through the Office of
Management and Budget website or any successor website.
``(3) Nothing in this section requires the publication of
classified information or the inclusion of classified information in a
report under this subsection.
``(g) Termination.--This section shall not be in effect after
September 30, 2013.''.
(b) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe guidance to implement the requirements of
section 1120 of title 31, United States Code, as added by subsection
(a), including guidance on a definition of the term ``program''.
(c) Conforming and Clerical Amendments.--
(1) Section 1115(g) of title 31, United States Code, is
amended by striking ``1119'' and inserting ``1120''.
(2) The table of sections at the beginning of chapter 11 of
title 31, United States Code, is amended by adding at the end
the following:
``1120. Program assessment.''.
SEC. 5. STRATEGIC PLANNING AMENDMENTS.
(a) Change in Deadline for Strategic Plan.--Subsection (a) of
section 306 of title 5, United States Code, is amended by striking ``No
later than September 30, 1997,'' and inserting ``Not later than
September 30 of each year following a year in which an election for
President occurs, beginning with September 30, 2005,''.
(b) Change in Period of Coverage of Strategic Plan.--Subsection (b)
of section 306 of title 5, United States Code, is amended to read as
follows:
``(b) Each strategic plan shall cover the 4-year period beginning
on October 1 of the year following a year in which an election for
President occurs.''. | (NOTE: This summary reflects language of the bill text as set forth in House Report 108-768, which differs from the language of the official bill text.)
Program Assessment and Results Act - (Sec. 3) States as the purposes of this Act: (1) improving the Government Performance and Results Act of 1993 by implementing a process to determine the strengths and weaknesses of Federal programs, with a particular focus on results produced by individual programs; (2) using information to help the executive branch make informed management decisions and evidence-based funding requests; (3) providing Congress with the information necessary to conduct more effective oversight and make better-informed authorization and spending decisions.
(Sec. 4) Requires the Director of the Office of Management and Budget (OMB) to the maximum extent practicable to conduct, jointly with agencies of the Federal Government, an assessment of each Federal program at least once every five fiscal years (program assessments).
Requires the Director to: (1) coordinate with Federal agency heads to determine the programs to be assessed and to evaluate the purpose, design, strategic plan, management, and results of such programs; (2) develop criteria for identifying programs to be assessed each fiscal year; (3) assess certain higher priority programs more frequently than once every five years; (4) publish in electronic format and provide to Congress a list of programs to be assessed during a fiscal year and the criteria to be used to assess the programs, and allow interested person to comment on such programs; and (5) provide guidance to Federal agency heads for implementing the requirements of this Act.
Requires the Director to report to Congress the results of program assessments conducted during a fiscal year at the same time the President submits the next budget after the end of such fiscal year. Provides for the submission of program assessments containing classified information.
Requires that program assessment activities be performed only by Federal employees as inherently Governmental functions.
Terminates program assessments after September 30, 2013.
(Sec. 5) Changes: (1) the date by which the heads of each Federal agency are required to submit strategic plans for program activities to September 30 of each year following a presidential election, beginning with September 30, 2005; and (2) the period of coverage for strategic plans from five to four years. | {"src": "billsum_train", "title": "To require the review of Government programs at least once every 5 years for purposes of evaluating their performance."} | 1,555 | 474 | 0.692084 | 2.313147 | 0.764757 | 3.169935 | 3.368192 | 0.895425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Stillbirth and SUID Act
of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Every year, more than 25,000 women in the United States
experience stillbirth.
(2) Common diagnosable causes for stillbirth include
genetic abnormalities, umbilical cord accidents, infections,
and placental problems, however, more than half of all
stillbirths remain unexplained.
(3) A number of risk factors for stillbirth have been
described in pregnant women such as maternal age, obesity,
smoking, diabetes, hypertension, and previous stillbirth.
(4) Good prenatal care, not smoking, and not drinking
alcohol are helpful strategies for pregnant women to reduce the
risk of stillbirth, however, researchers continue to perform
studies into other effective modes of reducing the risk,
including monitoring fetal activity or ``in utero'' movement
starting at approximately 28 weeks.
(5) Half of the more than 4,500 sudden, unexpected infant
deaths (SUID) that occur each year in the United States are due
to sudden infant death syndrome (SIDS), which is the leading
cause of SUID and of all deaths among infants aged 1 to 12
months.
(6) Sudden infant death syndrome is a diagnosis of
exclusion and is only determined after all known causes are
excluded by a thorough examination of the death scene, a review
of the clinical history, and performance of an autopsy.
However, some SUID are not investigated and, even when they
are, cause-of-death data are not collected and reported
consistently.
(7) Inaccurate classification of cause and manner of death
impedes prevention efforts and complicates our ability to
understand risk factors related to these deaths.
(8) Death certificate data cannot fully characterize the
sudden, unexpected infant deaths nor identify potential risk
factors amenable to prevention.
SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO STILLBIRTH.
(a) In General.--Part B of title XI of the Public Health Service
Act (42 U.S.C. 300c-12 et seq.) is amended by adding at the end the
following:
``SEC. 1123. NATIONAL REGISTRY AND PUBLIC HEALTH PROGRAMS FOR
STILLBIRTH.
``(a) Determination of Standard Stillbirth Definition and
Protocol.--
``(1) In general.--For purposes of this section, the
Secretary shall provide for the development of--
``(A) a standard definition of stillbirth; and
``(B) a standard protocol for stillbirth data
collection and surveillance, including--
``(i) enhancing the National Vital
Statistics System for the reporting of
stillbirths; and
``(ii) expanding active population-based
surveillance efforts currently underway at the
Centers for Disease Control and Prevention,
including utilizing the infrastructure of
existing birth defects surveillance registries
to collect thorough and complete epidemiologic
information on stillbirths.
``(2) Consultation.--The Secretary shall ensure that the
standard definition and protocol described in paragraph (1) are
developed in a manner that ensures the consultation of
representatives of health and advocacy organizations, State and
local governments, and other interested entities specified by
the Secretary.
``(b) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, the
Director of the Centers for Disease Control and Prevention, and the
Director of the National Institutes of Health, and in consultation with
national health organizations and professional societies with expertise
relating to reducing stillbirths and infant mortality, shall
establish--
``(1) a national registry that can facilitate the
understanding of root causes, rates, and trends of stillbirth;
and
``(2) public education and prevention programs aimed at
reducing the occurrence of stillbirth.
``(c) National Registry.--The national registry established under
subsection (b)(1) shall facilitate the collection, analysis, and
dissemination of data by--
``(1) implementing a surveillance and monitoring system
based on the protocols developed in subsection (a)(1)(B);
``(2) developing standardized protocols for thorough and
complete investigation of stillbirth, including protocols for
autopsy and pathological examinations of the fetus and
placenta, and other postmortem tests for surveillance of
stillbirth;
``(3) identifying trends, potential risk factors for
further study, and methods for the evaluation of prevention
efforts; and
``(4) supporting efforts in collection of vital records,
active case finding, linkage studies, and other epidemiologic
efforts to identify potential risk factors and prevention
opportunities.
``(d) Public Education and Prevention Programs.--The Secretary,
acting through the Director of the Centers for Disease Control and
Prevention and the Director of the National Institutes of Health, shall
directly or through grants, cooperative agreements, or contracts to
eligible entities, develop and conduct public education and prevention
programs established under subsection (b)(2), including--
``(1) public education programs, services, and
demonstrations which are designed to increase general awareness
of stillbirths; and
``(2) the development of tools for the education of health
professionals and pregnant women about the early-warning signs
of stillbirth, which may include monitoring of fetal movement
or baby in-utero.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year 2009
and such sums as may be necessary for each of fiscal years 2010 through
2013.''.
(b) Conforming Amendment.--The heading of part B of title XI of the
Public Health Service Act (42 U.S.C. 300c-12 et seq.) is amended by
adding at the end the following: ``and stillbirth''.
SEC. 4. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO SUDDEN UNEXPECTED
INFANT DEATH.
(a) In General.--Part B of title XI of the Public Health Service
Act (42 U.S.C. 300c-12 et seq.), as amended by section 3, is further
amended by adding at the end the following:
``SEC. 1124. NATIONAL REGISTRY FOR SUDDEN UNEXPECTED INFANT DEATHS.
``(a) Definition.--In this section, the term `sudden, unexpected
infant deaths' (referred to in this section as `SUID') means infant
deaths that have no obvious cause of death, are not the result of a
chronic disease or known illness, are unexpected, and not explainable
without a more careful examination. These deaths may include deaths due
to suffocation, poisoning, injuries, falls, sudden infant death
syndrome, or previously unrecognized illness or disorder.
``(b) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, the
Director of the Centers for Disease Control and Prevention, and the
Director of the National Institutes of Health, and in consultation with
national health organizations and professional societies with
experience and expertise relating to reducing SUID, shall establish a
population-based SUID case registry that can facilitate the
understanding of the root causes, rates, and trends of SUID.
``(c) National Registry.--The national registry established under
subsection (b) shall facilitate the collection, analysis, and
dissemination of data by--
``(1) implementing a surveillance and monitoring system
based on thorough and complete death scene investigation data,
clinical history, and autopsy findings;
``(2) collecting standardized information about the
environmental, medical, social, and genetic circumstances that
may correlate with infant deaths (including sleep environment
and the quality of the death scene investigation) from the SUID
Initiative Reporting Form or equivalent, as well as other law
enforcement, medical examiner, coroner, emergency medical
services (EMS), and medical records;
``(3) promoting the use of Centers for Disease Control and
Prevention standardized SUID death investigation and reporting
tools as well as standardized autopsy protocols;
``(4) establishing a standardized classification system for
defining subcategories of SIDS and SUID for surveillance and
prevention research activities;
``(5) supporting multidisciplinary infant death reviews
such as those performed by child death review committees and
fetal infant mortality committees to collect and review the
standardized information and accurately and consistently
classify and characterize SUID; and
``(6) improving public reporting of surveillance and
descriptive epidemiology of SUID by supplementing vital
statistics data.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year 2009
and such sums as necessary for each of fiscal years 2010 through
2013.''.
(b) Conforming Amendment.--The heading of part B of title XI of the
Public Health Service Act (42 U.S.C. 300c-12 et seq.), as amended by
section 3, is further amended by adding at the end the following: ``,
and sudden unexpected infant death''. | Preventing Stillbirth and SUID Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to develop: (1) a standard definition of stillbirth; and (2) a standard protocol for stillbirth data collection and surveillance, including enhancing the National Vital Statistics System for the reporting of stillbirths.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), the Director of the Centers for Disease Control and Prevention (CDC), and the Director of the National Institutes of Health (NIH), to establish: (1) a national registry that can facilitate the understanding of root causes, rates, and trends of stillbirth; (2) public education and prevention programs aimed at reducing the occurrence of stillbirth; and (3) a population-based sudden, unexpected infant deaths (SUID) case registry that can facilitate the understanding of the root causes, rates, and trends of SUID. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to enhance public health activities related to stillbirth and sudden unexpected infant death."} | 2,014 | 204 | 0.617763 | 1.810559 | 0.601972 | 6.086486 | 9.767568 | 0.962162 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The United Nations Development Program (UNDP) has for
years operated in the Democratic People's Republic of Korea
(North Korea) in violation of United Nations rules and internal
auditing recommendations. Examples of such violations include
the following:
(A) The local staff of the UNDP in North Korea is
dominated by employees who are hand-picked by the
Government of North Korea. The Government of North
Korea provides only one candidate for each position and
does not provide detailed qualifications, work
experience, or personal details to the UNDP.
(B) The salaries of the local staff of the UNDP in
North Korea are paid to the Government of North Korea
and not to the individual staffers. Such local staff
are instead provided with cash food stipends against
UNDP regulations.
(C) Officials of the Government of North Korea have
performed financial and core managerial functions of
UNDP activities in violation of UNDP regulations.
(D) The UNDP pays cash to local suppliers of the
Government of North Korea in violation of UNDP
regulations.
(E) The UNDP provides funding to programs and
projects controlled by the Government of North Korea
without appropriate audits or other oversight in
violation of UNDP regulations.
(2) According to the United States Department of State, in
2005 the Government of the United States contributed $108
million to the general fund of the UNDP. This amount accounts
for 11.8 percent of the total funding of the UNDP.
(3) The Government of North Korea has developed and tested
nuclear weapons in violation of international treaties.
(4) North Korea continues to pose a threat to East Asia and
the world in the form of its nuclear weapons program.
(5) The Government of North Korea maintains a police state
wherein citizens are prevented from access to the outside
world.
(6) Kim Jong-Il and other senior officials of the
Government of North Korea have used their power to purchase
personal luxuries, possibly with UNDP funds, while citizens
face starvation.
(7) Representatives of the Government of North Korea are
members of the executive board of the UNDP, thereby governing
the amount of UNDP assistance that North Korea will receive and
overseeing UNDP programs around the world.
(8) The Government of North Korea maintains a state of war
with the democratically-elected Government of the Republic of
Korea (South Korea).
(9) Former Iraqi leader Saddam Hussein used United Nations
programs to launder approximately $100 billion into his regime
in what has become known as the ``Oil-for-Food Scandal''.
(10) Illicit funding of this kind undermines the strong
sanctions that have been imposed by the United States and the
United Nations against North Korea.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United Nations--
(A) should ensure that the United Nations
Development Program (UNDP) enforces its rules regarding
financing, staffing, accounting, and auditing of its
activities in the Democratic People's Republic of Korea
(North Korea);
(B) should authorize an external investigation of
all UNDP activities in North Korea; and
(C) should ensure that--
(i) any local staff of the UNDP in North
Korea who may have committed crimes are
prosecuted in the appropriate court of law; and
(ii) any local staff of the UNDP in North
Korea who have violated UNDP regulations are
appropriately sanctioned; and
(2) the President should instruct the United States
representative on the Executive Board of the UNDP to use the
voice, vote, and influence of the United States to ensure
that--
(A) the UNDP ceases any activities in North Korea
that are in violation of UNDP regulations;
(B) the UNDP conducts a full audit, open for review
to all members of the Executive Board, of UNDP
activities in North Korea since 1998; and
(C) the UNDP establishes regulations to ensure that
no funds allocated to UNDP activities in North Korea
are provided to the Government of North Korea.
SEC. 3. WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS DEVELOPMENT PROGRAM.
The Secretary of State shall withhold any United States
contribution to the general funds of the United Nations Development
Program (UNDP) until such time as the Secretary certifies to Congress
that the UNDP meets the requirements of subparagraphs (A) through (C)
of section 2(2) of this Act. | Expresses the sense of Congress that the United Nations should: (1) ensure that the United Nations Development Program (UNDP) enforces its rules regarding financing, staffing, accounting, and auditing of its activities in the Democratic People's Republic of Korea (North Korea); (2) authorize an external investigation of all UNDP activities in North Korea; and (3) ensure that any UNDP local staff in North Korea who committed crimes are prosecuted or who violated regulations are sanctioned.
Expresses the sense of Congress that the President should use U.S. influence to ensure that UNDP: (1) ceases activities in North Korea that are in violation of UNDP regulations; (2) conducts a full audit of UNDP activities in North Korea since 1998; and (3) establishes regulations to ensure that no funds allocated to UNDP activities in North Korea are provided to the government of North Korea. Directs the Secretary of State to withhold U.S. contributions to the general funds of UNDP until the Secretary certifies to Congress that UNDP meets such provisions. | {"src": "billsum_train", "title": "To withhold United States contributions to the United Nations Development Program."} | 949 | 219 | 0.626712 | 2.04714 | 0.874138 | 5.05102 | 4.734694 | 0.969388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumer Access to
Generic Drugs Act of 2007''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATED TO NEW DRUG
APPLICATIONS.
(a) Conduct Prohibited.--It shall be unlawful for any person to
directly or indirectly be a party to any agreement resolving or
settling a patent infringement claim in which--
(1) an ANDA filer receives anything of value; and
(2) the ANDA filer agrees not to research, develop,
manufacture, market, or sell, for any period of time, the drug
that is to be manufactured under the ANDA involved and is the
subject of the patent infringement claim.
(b) Exceptions.--Notwithstanding subsection (a)(1), subsection (a)
does not prohibit a resolution or settlement of a patent infringement
claim in which the value received by the ANDA filer includes no more
than--
(1) the right to market the drug that is to be manufactured
under the ANDA involved and is the subject of the patent
infringement claim, before the expiration of--
(A) the patent that is the basis for the patent
infringement claim; or
(B) any other statutory exclusivity that would
prevent the marketing of such drug; and
(2) the waiver of a patent infringement claim for damages
based on prior marketing of such drug.
(c) Enforcement.--A violation of subsection (a) shall be treated as
an unfair and deceptive act or practice and an unfair method of
competition in or affecting interstate commerce prohibited under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The
Federal Trade Commission shall enforce this Act in the same manner, by
the same means, and with the same jurisdiction as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(d) Definitions.--In this section:
(1) Agreement.--The term ``agreement'' means anything that
would constitute an agreement for purposes of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(2) Agreement resolving or settling.--The term ``agreement
resolving or settling'', in reference to a patent infringement
claim, includes any agreement that is contingent upon, provides
a contingent condition for, or is otherwise related to the
resolution or settlement of the claim.
(3) ANDA.--The term ``ANDA'' means an abbreviated new drug
application for the approval of a new drug under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
(4) ANDA filer.--The term ``ANDA filer'' means a party that
has filed an ANDA with the Food and Drug Administration.
(5) Patent infringement.--The term ``patent infringement''
means infringement of any patent or of any filed patent
application, extension, reissuance, renewal, division,
continuation, continuation in part, reexamination, patent term
restoration, patent of addition, or extension thereof.
(6) Patent infringement claim.--The term ``patent
infringement claim'' means any allegation made to an ANDA
filer, whether or not included in a complaint filed with a
court of law, that its ANDA or drug to be manufactured under
such ANDA may infringe any patent.
SEC. 3. FTC RULEMAKING.
The Federal Trade Commission may, by rule promulgated under section
553 of title 5, United States Code, exempt certain agreements described
in section 2 if the Commission finds such agreements to be in
furtherance of market competition and for the benefit of consumers.
Consistent with the authority of the Commission, such rules may include
interpretive rules and general statements of policy with respect to the
practices prohibited under section 2.
SEC. 4. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD UNDER THE FFDCA.
Section 505(j)(5)(D)(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(5)(D)(i)) is amended--
(1) in subclause (I)(bb)--
(A) by redesignating subitem (CC) as subitem (EE);
and
(B) by inserting after subitem (BB) the following:
``(CC) In a
declaratory judgment
action described in
subitem (AA), a court
dismisses the action
for lack of subject
matter jurisdiction,
either with or without
prejudice.
``(DD) The
applicant files with
the Secretary a
covenant by the patent
owner that the patent
owner will not sue the
applicant for
infringement with
respect to the
patent.''; and
(2) in subclause (V), by inserting ``section 2 of the
Protecting Consumer Access to Generic Drugs Act of 2007 or''
after ``that the agreement has violated''.
SEC. 5. NOTICE AND CERTIFICATION OF AGREEMENTS.
(a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 3155 note) is amended by--
(1) striking ``the Commission the'' and inserting ``the
Commission (1) the''; and
(2) inserting before the period at the end the following:
``; and (2) a description of the subject matter of any other
agreement the parties enter into within 30 days of an entering
into an agreement covered by subsection (a) or (b)''.
(b) Certification of Agreements.--Section 1112 of such Act is
amended by adding at the end the following:
``(d) Certification.--The Chief Executive Officer or the company
official responsible for negotiating any agreement required to be filed
under subsection (a), (b), or (c) shall execute and file with the
Assistant Attorney General and the Commission a certification as
follows: `I declare under penalty of perjury that the following is true
and correct: The materials filed with the Federal Trade Commission and
the Department of Justice under section 1112 of subtitle B of title XI
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, with respect to the agreement referenced in this
certification: (1) represent the complete, final, and exclusive
agreement between the parties; (2) include any ancillary agreements
that are contingent upon, provide a contingent condition for, or are
otherwise related to, the referenced agreement; and (3) include written
descriptions of any oral agreements, representations, commitments, or
promises between the parties that are responsive to subsection (a) or
(b) of such section 1112 and have not been reduced to writing.'.''. | Protecting Consumer Access to Generic Drugs Act of 2007 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or (2) the waiver of a patent infringement claim for damages.
Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers.
Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after: (1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or (2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement. Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties. | {"src": "billsum_train", "title": "To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes."} | 1,531 | 385 | 0.642993 | 2.042124 | 0.80629 | 4.545181 | 4.051205 | 0.930723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Endowment for Workforce
Education in Renewables and Agriculture Act of 2007'' or ``NEW ERA Act
of 2007''.
SEC. 2. COMPETITIVE GRANTS FOR BIOENERGY TECHNICIAN EDUCATION AND
TRAINING THROUGH COMMUNITY COLLEGES AND ADVANCED
TECHNOLOGY EDUCATION CENTERS PARTNERING WITH COMMUNITY
COLLEGES.
(a) Competitive Grants.--The Secretary of Agriculture may make
competitive grants to community colleges and advanced technology
education centers described in subsection (b) to support the education
and training of technicians in the fields of bioenergy and other
agriculture-based, renewable energy resources.
(b) Eligible Entities.--Grants may be made under this section only
to a community college or advanced technology education center that--
(1) is in existence as of the date of the enactment of this
Act and located in the State of Iowa or other Midwestern States
selected by the Secretary;
(2) the Secretary determines has a proven record of
development and implementation of programs to meet the needs of
students, educators, and business and industry to supply the
agriculture-based, renewable energy field with qualified and
trained technicians; and
(3) demonstrates to the satisfaction of the Secretary the
ability to leverage existing partnerships and develop
educational and occupational outreach and training programs
with secondary schools, four-year institutions of higher
education, and the agricultural extension system to fill the
next generation of emerging technician positions in the fields
of bioenergy and other agriculture-based, renewable energy
resources.
(c) Education and Training Priorities.--In selecting grant
recipients under this section, the Secretary shall give priority to the
following occupational education and training initiatives:
(1) Improving the capacity of bioenergy service industry
technicians to meet the needs of the agricultural-based
bioenergy sector, particularly among small- and medium-sized
businesses.
(2) Enhancement of training of instructors at community
colleges and other instructors in the areas of agriculture-
based bioenergy research, efficiency, and conservation.
(3) Identification of agricultural-based bioenergy
employment opportunities in the renewable energy areas of
biomass and other renewable energy areas within the private
sector, particularly among small- and medium-sized businesses.
(4) Advancement of agriculture-based bioenergy advanced
environmental technology education and training through
curriculum development, professional development, and program
improvements at community colleges, in partnership with other
institutions of higher education and secondary schools.
(5) Development of working partnerships between community
colleges and nonprofit organizations dedicated to bioenergy
education and training for future bioenergy services career
opportunities in the agriculture-based renewable energy field.
(d) Consultation.--In carrying out this section, the Secretary
shall consult with the National Science Foundation, the Small Business
Administration, and other appropriate Federal agencies.
(e) Evaluation Component.--An application for a grant under this
section shall include a comprehensive evaluation component to ensure
the quality and achievement of project bioenergy technician education
and training goals and objectives.
(f) Definitions.--In this section:
(1) Community college.--The term ``community college''
means an institution of higher education--
(A) that admits as regular students persons who are
beyond the age of compulsory school attendance in the
State in which the institution is located and who have
the ability to benefit from the training offered by the
institution;
(B) that does not provide an educational program
for which it awards a bachelor's degree, or an
equivalent degree; and
(C) that--
(i) provides an educational program of not
less than two years that is acceptable for full
credit toward such a degree; or
(ii) offers a two-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge.
(2) Advanced technology education center.--The term
``advanced technology education center'' means an educational
entity that features a community college partnering with other
institutions of higher education and with direct linkages with
private industry involved in the agriculture-based bioenergy
economy of the United States. | National Endowment for Workforce Education in Renewables and Agriculture Act of 2007, or NEW ERA Act of 2007 - Authorizes the Secretary of Agriculture to make competitive grants to community colleges and advanced technology education centers located in Iowa or other midwestern states to support the education and training of technicians in the fields of bioenergy and other agricultural, renewable energy resources.
Requires grant applicants to demonstrate the ability to leverage existing partnerships and develop educational and occupation outreach and training programs with secondary schools, four-year institutions of higher education, and the agricultural extension system.
Gives funding priority to specified occupational education and training initiatives, which include: (1) improving the capacity of bioenergy service industry technicians to meet the needs of agricultural bioenergy businesses; (2) teacher training in agricultural bioenergy research, efficiency, and conservation; (3) the identification of agricultural bioenergy employment opportunities; and (4) the development of partnerships with nonprofit organizations dedicated to bioenergy education and training.
Requires grant applications to include a comprehensive education and training evaluation component. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to make competitive grants to community colleges and advanced technology education centers partnering with community colleges to support the education and training of technicians in the fields of bioenergy and other agriculture-based, renewable energy resources, and for other purposes."} | 918 | 210 | 0.77673 | 2.319084 | 0.979497 | 4.670051 | 4.395939 | 0.944162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Productivity and Economic
Growth Act of 2002''.
SEC. 2. ADOPTION OF THE HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section 168
the following new section:
``SEC. 168A. HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any high productivity property as an expense not chargeable to
capital account. Any cost so treated shall be allowed as a deduction in
the taxable year in which the high productivity property is placed in
service.
``(b) Definition of High Productivity Property.--
``(1) In general.--Except as provided in paragraph (3), the
term `high productivity property' means any--
``(A) computer,
``(B) computer related peripheral equipment,
``(C) computer based machinery,
``(D) electronic diagnostic equipment,
``(E) electronic control equipment,
``(F) other electronic, electromechanical, laser or
computer based equipment,
``(G) computer software,
``(H) equipment used in the manufacture of
semiconductors,
``(I) high technology medical equipment,
``(J) advanced technology communications equipment,
``(K) optical fiber and photonics equipment,
``(L) advanced environmental products,
``(M) advanced life science products, or
``(N) new high productivity assets.
``(2) Definitions.--For purposes of this subsection:
``(A) Computer.--The term `computer' means a
programmable electronically activated device which--
``(i) is capable of accepting information,
applying prescribed processes to the
information, and supplying the results of those
processes, and
``(ii) consists of a central processing
unit containing extensive storage, logic,
arithmetic and control capabilities.
``(B) Computer related peripheral equipment.--The
term `computer related peripheral equipment' means any
auxiliary machine or other equipment (whether on-line
or off-line) which is designed to be placed under the
control of the central processing unit of a computer
(as determined without regard to whether such machine
or equipment is an integral part of other property
which is not a computer).
``(C) Computer based machinery.--The term `computer
based machinery' means any machine which--
``(i) cuts, forms, shapes, drills, bores,
mixes, paints, seals, welds, or otherwise
transforms material, or
``(ii) handles, conveys, assembles, or
packages materials or products,
by responding to electronically stored information and
programmed commands.
``(D) Electronic diagnostic equipment.--The term
`electronic diagnostic equipment' means equipment that
uses electronic components to sense or monitor
location, size, volume, surface characteristics,
pressure, temperature, speed, chemical composition, or
other similar characteristics.
``(E) Electronic control equipment.--The term
`electronic control equipment' means equipment that
electronically controls pressure, temperature, size,
volume, composition purity or other similar
characteristics.
``(F) High technology medical equipment.--The term
`high technology medical equipment' means any
electronic, electromechanical, or computer-based high
technology equipment used in the screening, monitoring,
observation, diagnosis, or treatment of patients in a
laboratory, medical, or hospital environment.
``(G) Advanced technology communications
equipment.--The term `advanced technology
communications equipment' means equipment used in the
transmission or reception of voice, data, video,
paging, messaging, or other communications services
that are delivered using packet technology. A packet is
a unit of data, or sequence of binary digits, that is
routed between an origin and a destination on a packet-
switched network.
``(H) Optical fiber and photonics equipment.--The
term `optical fiber and photonics equipment' means
optical fiber and the equipment and materials used to
generate, manipulate and direct light particles over
such fiber.
``(I) Advanced environmental products.--The term
`advanced environmental product' means any high cell
density ceramic or other device used for the control of
nitrogen oxide and particulate emissions.
``(J) Advanced life sciences products.--The term
`advanced life sciences product' means any polymer,
ceramic or high-purity glass product used in biological
research.
``(K) New high productivity assets.--
``(i) In general.--The term `new high
productivity assets' means any asset utilizing
1 or more technological or scientific processes
which were not in common commercial use before
January 1, 2001.
``(ii) Determinations.--The Secretary shall
establish procedures pursuant to which
taxpayers can seek a public ruling that a
particular class of assets qualifies as new
high productivity assets. The procedures shall
require the Secretary to provide a
determination within 90 days of receipt of a
properly completed request for a public ruling.
``(3) Excluded property.--The term `high productivity
property' shall not include--
``(A) an entire car, locomotive, aircraft, ship or
other vehicle solely because the vehicle is controlled
in whole or part by a computer or other electronic
equipment,
``(B) any equipment of a kind used primarily for
entertainment or amusement of the user, and
``(C) typewriters, calculators, copiers,
duplication equipment, and other similar equipment.
``(c) Election.-- An election under this section for any taxable
year shall--
``(1) be made on an asset by asset basis, and
``(2) be made on the taxpayer's return of the tax imposed
by this chapter for the taxable year.
``(d) Special Rules.--
``(1) Cost.--For purposes of this section, the cost of
property does not include so much of the basis of such property
as is determined by reference to the basis of other property
held at any time by the person acquiring such property.
``(2) Antichurning rules.--
``(A) In general.--This section shall not apply to
any property acquired by the taxpayer after September
10, 2002, if--
``(i) the property was owned or used at any
time during the period beginning on January 1,
2001, and ending on September 10, 2002, by the
taxpayer or a related person,
``(ii) the property was owned or used at
any time during the period described in clause
(i), and, as part of the transaction, the user
of the property does not change,
``(iii) the taxpayer leases such property
to a person (or a person related to such
person) who owned or used such property at any
time during the period described in clause (i),
or
``(iv) the property is acquired in a
transaction as part of which the user of such
property does not change and the property was
acquired from a person to which clause (ii) or
clause (iii) applies.
``(B) Applicable cost recovery rules.--Section 168
shall apply to any property to which this section does
not apply by reason of this paragraph.
``(C) Special rules.--For purposes of this
paragraph--
``(i) property shall not be treated as
owned before it is placed in service, and
``(ii) whether the user of a property
changes will be determined in accordance with
regulations prescribed by the Secretary.
``(3) Recapture in certain cases.--The Secretary shall, by
regulations, provide for the recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business
at any time.
``(4) Alternative depreciation system applies.--The
election under subsection (a) may not be made with respect to
property which at any time during the taxable year in which
such property is placed in service is--
``(A) described in paragraph (1) of section
168A(g), or
``(B) `listed property' `not predominantly used in
a qualified business use' as such terms apply for
purposes of paragraph (1) of 280F(b).''.
(b) Conforming Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding after
section 168 the following new item:
``Sec. 168A. High productivity investment
deduction.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2002, with
respect to taxable years beginning after such date.
SEC. 3. 30 PERCENT EXPENSING FOR CERTAIN PROPERTY ACQUIRED AFTER
SEPTEMBER 10, 2001, MADE PERMANENT.
(a) Repeal of Limitations.--
(1) Acquisition limitation.--Section 168(k)(2) of the
Internal Revenue Code of 1986 is amended by striking ``, and
before September 11, 2004'' each place it appears in
subparagraphs (A)(iii) and (D)(i).
(2) Placed in service limitation.--Subparagraph (A) of
section 168(k)(2) of such Code is amended by inserting ``and''
at the end of clause (ii), by striking ``, and'' at the end of
clause (iii) and inserting a period, and by striking clause
(iv).
(3) Basis limitation for certain property.--Subparagraph
(B) of section 168(k)(2) of such Code is amended by striking
clause (ii) and redesignating clause (iii) as clause (ii).
(b) Syndications.--Subparagraph (D) of section 168(k)(2) of such
Code (relating to special rules) is amended by adding at the end the
following:
``(iii) Syndications.--For purposes of
subparagraph (A)(ii), if property--
``(I) is treated as originally
placed in service after September 10,
2001, either directly or by a lessor of
such property or pursuant to
subparagraph (D)(ii), and
``(II) is sold within 6 months
after such property is so placed in
service,
such property shall be treated as originally
placed in service not earlier than the date of
such sale.''.
(c) Conforming Amendment.--The heading of subsection (k) of section
168 of such Code is amended by striking ``, and Before September 11,
2004''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after September 10, 2002, in taxable years beginning
after such date.
(2) Subsection (b).--The amendment made by subsection (b)
shall take effect as if included in the amendments made by
section 101 of the Job Creation and Worker Assistance Act of
2002.
SEC. 4. DEPRECIATION RULES NOT MODIFIED FOR PURPOSES OF ALTERNATIVE
MINIMUM TAX.
(a) Determination of Alternative Taxable Income.--Paragraph (1) of
section 56(a) of the Internal Revenue Code of 1986 (relating to
depreciation) is amended by adding at the end the following new
subparagraph:
``(E) Termination.--This paragraph shall not apply
to property placed in service after September 10, 2002,
in taxable years beginning after such date.''.
(b) Determination of Adjusted Current Earnings.--Subparagraph (A)
of section 56(g)(4) of such Code (relating to depreciation) is amended
by adding at the end the following new clause:
``(vi) Termination.--This subparagraph
shall not apply to property placed in service
after September 10, 2002, in taxable years
beginning after such date.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2002, in
taxable years beginning after such date. | Introduced High Productivity Investment Act of 2001 - Amends the Internal Revenue Code to allow the expensing of the cost of high productivity property (defined as certain computer and computer related property, electronic equipment, semiconductor manufacturing equipment, optical fiber equipment, advanced environmental or life science products, and etc.). Directs that an election to treat property in such a fashion shall be made on an asset by asset basis, and that the cost of such property shall not include so much of the basis as is determined by reference to the basis of other property held at any time by the taxpayer. Provides for a recapture if the property is not used predominately in a trade or business at any time.Excludes certain property from qualifying for high productivity expensing.Makes permanent the 30 percent expensing for certain property acquired after September 10, 2001.Prescribes that the depreciation rules shall not be modified for purposes of the alternative minimum tax. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage investment in high productivity property, and for other purposes."} | 2,778 | 203 | 0.531336 | 1.601503 | 0.730243 | 3.583815 | 14.445087 | 0.913295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Routes to School Program
Reauthorization Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1101(a) of the SAFETEA-LU (119 Stat. 1155) is amended by
striking paragraph (17) and inserting the following:
``(17) Safe routes to school program.--For the safe routes
to school program under section 1404 of this Act, $600,000,000
for each of fiscal years 2010 through 2014.''.
SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM.
Section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1228)
is amended to read as follows:
``SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.
``(a) Definition of Vicinity.--In this section, the term `vicinity'
means, with respect to a school, the area within bicycling and walking
distance of the school (approximately 2 miles).
``(b) Establishment.--Subject to this section, the Secretary shall
establish and carry out a safe routes to school program for the benefit
of children in kindergarten through the twelfth grade, with a
preference for primary and middle schools.
``(c) Purposes.--The purposes of the program shall be--
``(1) to enable and encourage children, including those
with disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age and throughout
adolescence; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(d) Apportionment of Funds.--
``(1) In general.--Subject to paragraphs (2) through (5),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States in the proportion
that--
``(A) the total student enrollment in kindergarten
through the twelfth grade in each State; bears to
``(B) the total student enrollment in kindergarten
through the twelfth grade in all States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year in an amount
less than an amount equal to 0.5 percent of the amounts made
available to carry out this section for the fiscal year.
``(3) State incentive matching fund.--
``(A) In general.--Subject to subparagraph (B),
before apportioning amounts made available to carry out
this section for a fiscal year, the Secretary shall set
aside not more than 10 percent of the amounts to
provide additional funds to States that match Federal
funds with additional State funds for the purposes of
this section.
``(B) Requirements.--With respect to additional
funds set aside under subparagraph (A)--
``(i) the additional amount provided to a
State from those funds shall be directly
proportional to the amount of matching funds
provided by the State; and
``(ii) any funds remaining after additional
amounts are provided to States shall be
distributed among all States in accordance with
the formula described in paragraph (1).
``(4) Set-asides for administrative expenses, research, and
evaluation.--Before apportioning amounts made available to
carry out this section for a fiscal year, the Secretary shall
set aside--
``(A) not more than 1.5 percent of the amounts for
use in paying the administrative expenses of the
Secretary in carrying out this subsection; and
``(B) not less than 1.5 nor more than 2.5 percent
of the amounts for use in carrying out research and
evaluation activities under subsection (k).
``(5) Determination of student enrollments.--Determinations
under this subsection relating to student enrollments and funds
provided to States shall be made by the Secretary.
``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the department of
transportation of the State.
``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, and regional agencies (including nonprofit
organizations), Indian tribes, and tribal organizations that
demonstrate an ability to meet the requirements of this section.
``(g) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State
under this section may be used for the planning,
design, and construction of infrastructure-related
projects that will substantially improve the ability of
students to walk, bicycle, or use other nonmotorized
modes of transportation to school, including sidewalk
improvements, traffic-calming and speed reduction
improvements, pedestrian and bicycle crossing
improvements, on-street bicycle facilities, off-street
bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements
in the vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of a school.
``(C) Safe routes to bus stops.--
``(i) Use of funds.--Each State may use up
to 10 percent of amounts apportioned to the
State and used for infrastructure purposes
under this section to assist eligible
recipients in making infrastructure
improvements that create safe routes to bus
stops that are located outside of the vicinity
of schools, as determined by the Secretary.
``(ii) Exclusion of structures.--Bus stop
structures may not be constructed using amounts
apportioned to a State under this section.
``(2) Noninfrastructure-related activities.--
``(A) In general.--Subject to subparagraph (C), in
addition to projects described in paragraph (1),
amounts apportioned to a State under this section may
be used for noninfrastructure-related activities to
encourage walking, bicycling, and other nonmotorized
forms of transportation to school, including for--
``(i) public awareness campaigns and
outreach to press and community leaders;
``(ii) traffic education for children at a
school, regardless of whether the children live
in the vicinity of the school;
``(iii) traffic enforcement in the vicinity
of schools;
``(iv) student sessions on bicycle and
pedestrian safety, health, and environment; and
``(v) funding for training, volunteers, and
managers of safe routes to school programs.
``(B) Management.--The use of funds to pay managers
of local safe routes to school programs shall be an
allowable use of funding, and shall not be considered a
prohibited, reoccurring cost.
``(C) Maximum allowable amount.--Not less than 10
percent nor more than 30 percent of the amount
apportioned to a State under this section for a fiscal
year shall be used for noninfrastructure-related
activities under this paragraph.
``(3) Planning grants.--Amounts apportioned to a State
under this section may be used to provide planning grants to
assist eligible recipients in developing a comprehensive safe
routes to school plan that encompasses infrastructure and
noninfrastructure activities.
``(4) Equitable distribution.--Each State receiving an
apportionment under this section shall ensure that funds to be
used for infrastructure and noninfrastructure purposes are
distributed in such a way that a fair balance of funding is
provided to all types of communities, including low-income
communities and urban, rural, and suburban school districts.
``(5) Safe routes to school coordinator.--Each State
receiving an apportionment under this section for a fiscal year
shall use a sufficient amount of the apportionment to fund a
full-time position of coordinator for the safe routes to school
program of the State.
``(6) Advisory committee.--Each State receiving an
apportionment under this section shall form a multidisciplinary
State advisory committee that includes relevant State agencies
and other stakeholders (including nonprofit organizations,
cities, and schools)--
``(A) to provide guidance on program structure;
``(B) to review applications for funding; and
``(C) to provide biennial progress reports on the
implementation of safe routes to school program of the
State.
``(h) Clearinghouse.--
``(1) In general.--The Secretary shall provide grants to a
national nonprofit organization engaged in promoting safe
routes to schools--
``(A) to operate a national safe routes to school
clearinghouse;
``(B) to develop information and educational
programs on safe routes to school;
``(C) to provide technical assistance and
disseminate techniques and strategies used for
successful safe routes to school programs, including
for inclusion of children with disabilities;
``(D) to carry out a national awareness and
promotion campaign on the benefits of walking and
bicycling to school and driver safety in the vicinity
of schools;
``(E) to maintain a national database of all
projects assisted under this subsection; and
``(F) to collect data relating to the purposes of
this program, including information on the prevalence
of inclusion of children with disabilities.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative expenses
under subsection (d)(4)(A).
``(i) Task Force.--
``(1) In general.--The Secretary shall establish a
permanent, national safe routes to school task force composed
of individuals who are leaders in health, transportation, and
education (including representatives of appropriate Federal
agencies and nonprofit organizations), to assess and make
recommendations on the implementation and evaluation of the
safe routes to school program.
``(2) Reports.--Not later than 30 months after the date of
enactment of this paragraph, and not later than 90 days before
the end of the final fiscal year for which funds are authorized
to be appropriated to carry out this section, respectively, the
Secretary shall submit to Congress a report that includes--
``(A) a description of the status of implementation
of the safe routes to school program;
``(B) recommendations on strategies for successful
implementation of that program; and
``(C) guidance on evaluation strategies for that
program.
``(3) Funding.--The Secretary shall carry out this
subsection using amounts set aside for research and evaluation
activities under subsection (d)(4)(B).
``(j) Treatment of Projects.--
``(1) Noninfrastructure projects.--A noninfrastructure
project and an infrastructure project that does not involve or
lead directly to construction for which assistance is provided
under this section shall not be considered to be a project on a
Federal-aid system for purposes of chapter 1 of title 23,
United States Code.
``(2) Infrastructure projects.--Not later than 1 year after
the date of enactment of this section, the Secretary shall
promulgate regulations for Federal-aid construction projects
under this section that encourage the use of the programmatic
categorical exclusion, expedited procurement techniques, and
other best practices to facilitate productive and timely
expenditure of funds for projects that are small, low-impact,
and constructed within an existing built environment.
``(3) State processes.--The Secretary shall work with State
departments of transportation to ensure that the regulations
promulgated pursuant to paragraph (2) are implemented
consistently by States and staff of the Federal Highway
Administration to avoid unnecessary delays in implementing
projects and ensuring effective use of Federal funds.
``(k) Research and Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a comprehensive evaluation plan that includes--
``(A) collaboration with the Centers for Disease
Control and Prevention, the Environmental Protection
Agency, and the Department of Education to develop
measures of the effectiveness of safe routes to school
with respect to health, safety, the environment,
student academics, and student behavior;
``(B) mandatory collection of standardized
evaluation data on those measures for any project
funded under this section;
``(C) evaluation of data to determine the impact of
safe routes to school on all purposes of the program,
areas for improvement, and proven best practices at the
national, State, and local levels; and
``(D) the issuance not less than annually of
updated best practices on State and local
implementation.
``(2) Research.--The Secretary shall designate independent
research organizations or authorities to conduct research and
issue reports for wide dissemination that benefit the safe
routes to school program, including--
``(A) robust, reliable, consistent, and frequent
measures of the use and safety of nonmotorized modes of
transportation, including walking and bicycling for
school-related travel;
``(B) a school travel safety index capable of
measuring both the mode share and crash history for
school-related travel at the national, State, and local
levels; and
``(C) such additional research as the Secretary
determines will advance the safe routes to school
program.
``(3) School siting.--The Secretary shall assemble a
working group composed of representatives of the Department of
Transportation, the Department of Health and Human Services,
the Department of Education, the Centers for Disease Control
and Prevention, the Environmental Protection Agency, States,
and stakeholder groups (including nonprofit organizations and
schools)--
``(A) to examine the complex issue of school siting
(including the impact of school siting on levels of
walking and bicycling to school); and
``(B) to develop and annually update
recommendations, strategies, and best practices to
assist States and local governments in making decisions
about siting schools.
``(l) Funding.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), funds made available to carry out this section shall be
available for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23, United States
Code, except to the extent that the Secretary determines that
any requirement of that title (other than section 113 of that
title) is not consistent with the objectives of this section.
``(2) Availability.--Funds made available to carry out this
section--
``(A) shall not be transferable;
``(B) shall remain available for obligation for a
period of 3 years beginning on the date on which the
funds are made available; and
``(C) if allowed by a State to expire, shall be
redistributed by the Secretary among States that
obligated funds made available to the States during the
2-year period beginning on the date on which the funds
were made available to the States.
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
a project or activity carried out with funds made
available under this section shall be 100 percent.
``(B) Other funds.--
``(i) In general.--A State or other
eligible recipient of funds under this section
may elect to contribute other funds to a safe
routes to school project.
``(ii) Disadvantaged schools and higher-
risk areas.--If a State elects to consider
supplemental funds as part of the application
of an eligible recipient for a grant from funds
made available under this section, the State
shall ensure that disadvantaged schools and
schools in areas with higher risks of death and
injury to child pedestrians and cyclists are
not at a competitive disadvantage in the
selection process.''. | Safe Routes to School Program Reauthorization Act - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to reauthorize appropriations for FY2010-FY2014 for the safe routes to school program.
Revises program requirements to specify children kindergarten through 12th grade as the ones to be benefited by the program.
Revises apportionments to replace the current specific dollar amounts with formulae.
Includes projects for other nonmotorized modes of transportation besides walking and bicycling as noninfrastructure-related projects.
Authorizes states to set-aside up to 10% of apportioned funds for infrastructure improvements that create safe routes to bus stops located outside of the vicinity of schools.
Requires any state that receives an apportionment of funds to form a multidisciplinary state advisory committee.
Prescribes requirements for the treatment of noninfrastructure and infrastructure projects.
Requires the Secretary of Transportation to: (1) develop and implement a comprehensive plan for evaluating the effectiveness of safe routes to school; and (2) establish a working group of federal agencies, states, and stakeholders to examine the issue of school siting. | {"src": "billsum_train", "title": "A bill to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to reauthorize and improve the safe routes to school program."} | 3,472 | 272 | 0.618694 | 1.887617 | 0.769013 | 2.2891 | 15.279621 | 0.85782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Investment Saves Energy''
or the ``RISE Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Recycling means business in the United States, with
more than 56,000 reuse and recycling establishments that employ
over 1,100,000 people, generating an annual payroll of nearly
$37,000,000,000, and grossing over $236,000,000,000 in annual
revenues. In 2005, recycling scrap materials accounted for
$15,700,000,000 in exports for the United States. On a per-ton
basis, sorting and processing recyclables alone sustain 10
times more jobs than landfilling or incineration.
(2) By reducing the need to extract and process virgin raw
materials into manufacturing feedstock, reuse and recycling
helps achieve significant energy savings. For example:
(A) Taken together, the amount of energy wasted
from not recycling aluminum and steel cans, paper,
printed materials, glass, and plastic equals the annual
output of 15 medium sized power plants.
(B) The reuse of 500 steel drums per week yields 6
trillion Btu's per year, which is enough energy savings
to power a city the size of Colorado Springs, Colorado,
for 1 year.
(3) Unfortunately, the United States recycling rate of many
consumer commodities, including aluminum, glass, and plastic,
are stagnant or declining, and businesses that rely on recycled
feedstock are finding it difficult to obtain the quantity and
quality of recycled materials needed. Increasingly, United
States manufacturing facilities that rely on recycled feedstock
are closing or forced to re-tool to use virgin materials.
(4) The environmental impacts from reuse and recycling are
significant. Increased reuse and recycling would produce
significant environmental benefits, such as cleaner air, safer
water, and reduced production costs. For example:
(A) Between 2 and 5 percent of the waste stream is
reusable. Reuse prevents waste creation and adverse
impacts from disposal.
(B) On a per-ton basis, recycling of: office paper
prevents 60 pounds of air pollutants from being
released, saves 7,000 gallons of water, and 3.3 cubic
yards of landfill space; aluminum saves 10 cubic yards
of landfill space; plastic saves 30 cubic yards of
landfill space; glass prevents 7.5 pounds of air
pollutants from being released and saves 2 cubic yards
of landfill space; and steel saves 4 cubic yards of
landfill space.
(C) The manufacture of 100 percent recycled
paperboard products uses significantly less fossil fuel
than comparable products and is therefore a net reducer
of greenhouse gases. And, for every 100 tons of
recycled paperboard produced, 105 tons of material is
prevented from going to the landfill, thus reducing
landfill gases.
(5) A national investment in the reuse and recycling
industries is needed to preserve and expand America's reuse and
recycling infrastructure.
SEC. 3. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING
PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(l) Special Allowance for Certain Reuse and Recycling Property.--
``(1) In general.--In the case of any qualified reuse and
recycling property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualified reuse and recycling property, and
``(B) the adjusted basis of the qualified reuse and
recycling property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualified reuse and recycling property.--For purposes
of this subsection--
``(A) In general.--The term `qualified reuse and
recycling property' means any reuse and recycling
property--
``(i) to which this section applies,
``(ii) which has a useful life of at least
5 years,
``(iii) the original use of which commences
with the taxpayer after December 31, 2006, and
``(iv) which is--
``(I) acquired by purchase (as
defined in section 179(d)(2)) by the
taxpayer after December 31, 2006, but
only if no written binding contract for
the acquisition was in effect before
January 1, 2007, or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after December
31, 2006.
``(B) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified reuse and recycling
property' shall not include any property to
which the alternative depreciation system under
subsection (g) applies, determined without
regard to paragraph (7) of subsection (g)
(relating to election to have system apply).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(C) Special rule for self-constructed property.--
In the case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own use, the
requirements of clause (iv) of subparagraph (A) shall
be treated as met if the taxpayer begins manufacturing,
constructing, or producing the property after December
31, 2006.
``(D) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under subsection
(a) for qualified reuse and recycling property shall be
determined under this section without regard to any
adjustment under section 56.
``(3) Definitions.--For purposes of this subsection--
``(A) Reuse and recycling property.--
``(i) In general.--The term `reuse and
recycling property' means any machinery and
equipment (not including buildings or real
estate), along with all appurtenances thereto,
including software necessary to operate such
equipment, which is used exclusively to
collect, distribute, or recycle qualified reuse
and recyclable materials.
``(ii) Exclusion.--Such term does not
include--
``(I) rolling stock or other
equipment used to transport reuse and
recyclable materials, and
``(II) equipment used to produce
new products or commodities from
recycled products.
``(B) Qualified reuse and recyclable materials.--
``(i) In general.--The term `qualified
reuse and recyclable materials' means scrap
plastic, scrap glass, scrap textiles, scrap
rubber, scrap packaging, recovered fiber, scrap
ferrous and nonferrous metals, or electronic
scrap generated by an individual or business.
``(ii) Electronic scrap.--For purposes of
clause (i), the term `electronic scrap' means--
``(I) any cathode ray tube, flat
panel screen, or similar video display
device with a screen size greater than
4 inches measured diagonally, or
``(II) any central processing
unit.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2006. | Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to allow a first-year tax deduction of 50% of the adjusted basis of qualified reuse and recycling property. Defines "qualified reuse and recycling property" as property placed in service after December 31, 2006, which has a useful life of at least five years and which is used exclusively to collect, distribute, or recycle certain scrap materials. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code to allow a special depreciation allowance for reuse and recycling property."} | 1,610 | 89 | 0.413673 | 1.240722 | 0.277697 | 4.049383 | 18.802469 | 0.888889 |
SECTION 1. ELIMINATION OF HAZARDS RELATED TO HIGHWAY FACILITIES.
(a) Definition of Safety Improvement Project.--Section 101(a)(30)
of title 23, United States Code, is amended by inserting ``installs or
maintains fluorescent, yellow-green signs at pedestrian or bicycle
crossings or school zones,'' after ``call boxes,''.
(b) Railway-Highway Crossings.--
(1) Eligible projects.--The first sentence of section
130(a) of such title is amended by inserting ``maintenance of
protective devices,'' after ``structures,''.
(2) Funds for protective devices.--Section 130(e) of such
title is amended by striking ``At least \1/2\'' and inserting
``For each fiscal year, at least $150,000,000''.
(3) Biennial reports to congress.--The third sentence of
section 130(g) of such title is amended--
(A) by striking ``not later than April 1 of each
year'' and inserting ``every other year'';
(B) by adding at the end the following: ``The
Secretary shall combine this report with the
Secretary's report under section 152(h).''.
(4) Expenditure of funds.--Section 130 of such title is
further amended by adding at the end the following:
``(k) Expenditure of Funds.--Funds made available to carry out this
section shall be available for expenditure on compilation and analysis
of data in support of activities carried out under subsection (g).''.
(c) Availability of Surface Transportation Program Funds.--The
second sentence of section 133(d)(1) of such title is amended--
(1) by inserting ``equal'' after ``year an''; and
(2) by striking ``which is'' and all that follows before
the period.
(d) Hazard Elimination Program.--
(1) Purposes.--Section 152(a)(1) of such title is amended
by inserting after ``pedestrians,'' the following: ``identify
roadway safety improvement needs for such locations, sections,
and elements,''.
(2) Approval of projects.--Section 152(b) of such title is
amended by inserting before the period at the end the
following: ``, that reduces the likelihood of crashes involving
road departures, intersections, pedestrians, bicycles, older
drivers, or construction work zones''.
(3) Expenditure of funds.--Section 152(c) of such title is
amended--
(A) in paragraph (2) by striking ``or'' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) police assistance for traffic and speed management in
construction work zones; or
``(5) compilation and analysis of data under subsections
(f) and (g).''.
(4) Conforming amendment.--Section 152(g) of such title is
amended by striking the third sentence and all that follows
through the period at the end of the section.
(5) Biennial report to congress.--Section 152 of such title
is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) Biennial Reports to Congress.--Not later than 1 year after
the date of enactment of this subsection, and every 2 years thereafter,
the Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the results of
the program under this section. The report shall include, at a minimum,
the following:
``(1) A summary of State projects completed under this
section categorized by the types of hazards described in
subsection (b) and a statement of the cost of such projects.
``(2) An analysis of the effectiveness of such projects in
reducing the number and severity of crashes at high hazard
locations.
``(3) An assessment of the adequacy of authorized funding
for the program and State use of such funding to address the
national need for such projects.
``(4) Recommendations for funding and program improvements
to reduce the number of high hazard locations.''.
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations to decrease the
likelihood of worker injury and maintain the free flow of vehicular
traffic by requiring workers whose duties place them on or in close
proximity to a Federal-aid highway (as defined in section 101 of title
23, United States Code) to wear high visibility garments. Such
regulations may also require such other worker-safety measures for
workers with those duties as the Secretary determines appropriate. | Amends Federal highway provisions to include within the definition of "safety improvement project" a project that installs or maintains fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones.Authorizes the payment from apportioned funds for the entire cost of construction projects involving the maintenance of protective devices at railway-highway crossings. Makes specified sums available for each fiscal year for that purpose.Provides for biennial (currently, annual) reports by each State to the Secretary of Transportation on progress being made to implement the railway-highway crossings program.Requires each State to identify roadway safety improvement needs for hazardous locations, sections, and elements which may constitute a danger to motorists, bicyclists, and pedestrians. Authorizes the Secretary to approve as a project under the hazard elimination program any safety improvement project that reduces the likelihood of crashes involving road departures, intersections, pedestrians, bicycles, older drivers, or construction work zones. Makes funds available for: (1) police assistance for traffic and speed management in construction work zones; or (2) compilation and analysis of data.Directs the Secretary to: (1) transmit to specified congressional committees biennial reports on the results of the hazard elimination program; and (2) issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway to wear high visibility garments. Authorizes such regulations to require other worker-safety measures. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to improve roadway safety for motor vehicles, bicycles, and pedestrians and workers in proximity to vehicle traffic."} | 1,133 | 338 | 0.579205 | 1.68773 | 0.796837 | 3.919014 | 3.489437 | 0.862676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red Snapper Regulatory Reform Act''.
SEC. 2. REPEAL OF CATCH LIMITS REQUIREMENT FOR GULF OF MEXICO RED
SNAPPER FISHERY.
Subsection (d) of section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883) is repealed.
SEC. 3. STATE JURISDICTION OVER FISHERIES IN THE GULF OF MEXICO.
Section 306(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1856(b)) is amended by adding at the end the
following:
``(3) Notwithstanding section 3(11) and subsection (a) of this
section, for purposes of managing fisheries in the Gulf of Mexico, the
seaward boundary of a coastal State in the Gulf of Mexico is a line 9
nautical miles seaward from the baseline from which the territorial sea
of the United States is measured.''.
SEC. 4. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF
MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.
(a) In General.--Title IV of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1884) is amended by adding
at the end the following:
``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF
MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.
``(a) In General.--The Gulf States Marine Fisheries Commission
shall conduct all fishery stock assessments used for management
purposes by the Gulf of Mexico Fishery Management Council for the
fisheries managed under the Council's Reef Fish Management Plan.
``(b) Use of Other Information and Assets.--
``(1) In general.--Such fishery assessments shall--
``(A) incorporate fisheries survey information
collected by university researchers; and
``(B) to the extent practicable, use State,
university, and private assets to conduct fisheries
surveys.
``(2) Surveys at artificial reefs.--Any such fishery stock
assessment conducted after the date of the enactment of the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act shall incorporate fishery surveys
conducted, and other relevant fisheries information collected,
on and around natural and artificial reefs.
``(c) Constituent and Stakeholder Participation.--Each such fishery
assessment shall--
``(1) emphasize constituent and stakeholder participation
in the development of the assessment;
``(2) contain all of the raw data used in the assessment
and a description of the methods used to collect that data; and
``(3) employ an assessment process that is transparent and
includes--
``(A) both dependent and independent data
collection methods;
``(B) a rigorous and independent scientific review
of the completed fishery stock assessment; and
``(C) a panel of independent experts to review the
data and assessment and make recommendations on the
most appropriate values of critical population and
management quantities.
``(d) Funding.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, shall provide to the Gulf of
Mexico Marine Fisheries Commission appropriate funding for all
necessary stock assessments concerning the Gulf of Mexico red
snapper fishery.
``(2) No additional appropriations authorized.--This
subsection shall not be construed to increase the amount that
is authorized to be appropriated for any fiscal year.''.
SEC. 5. DATA COLLECTION.
Section 401(g)(3)(C) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1881(g)(3)(G)) is amended by striking
``and'' after the semicolon at the end of clause (iv), by striking the
period at the end of clause (v) and inserting ``; and'', and by adding
at the end the following:
``(vi) in the case of each fishery in the
Gulf of Mexico, taking into consideration all
data collection activities related to fishery
effort that are undertaken by the marine
resources division of each relevant State of
the Gulf of Mexico Fishery Management
Council.''.
SEC. 6. MEMBERSHIP OF GULF OF MEXICO FISHERY MANAGEMENT COUNCIL.
Section 302 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852) is amended--
(1) in subsection (a)(1), by striking subparagraph (E) and
inserting the following:
``(E) Gulf of mexico council.--
``(i) The Gulf of Mexico Fishery Management
Council shall consist of the States of Texas,
Louisiana, Mississippi, Alabama, and Florida
and shall have authority over the fisheries in
the Gulf of Mexico seaward of such States
(except as provided in paragraph (3)). The Gulf
Council shall have 16 voting members,
including--
``(I) 2 members appointed by the
Governor of each such State in
accordance with the requirements that
apply under subsection (b)(2) with
respect to appointments by the
Secretary;
``(II) the principal State official
of each such State with marine fishery
management responsibility and expertise
in such State;
``(III) the regional director of
the National Marine Fisheries Service
for the Gulf of Mexico geographic area,
or the regional director's designee;
and
``(IV) 1 at-large member who shall
be appointed, on a rotating basis, by
the Governor of a State on the Council,
except that no governor may make
consecutive appointments under this
subclause.
``(ii) Except as provided in clauses (iii),
(iv), (v), and (vi), a governor shall make
appointments under this subparagraph in
accordance with the requirements that apply
under subparagraph (C) of this paragraph,
paragraphs (2) and (3) of this subsection, and
subsection (b) with respect to appointments by
the Secretary.
``(iii) The following provisions of
subsection (b)(2) shall not apply with respect
to appointments under this subparagraph:
``(I) The last sentence of
subparagraph (A).
``(II) Subparagraphs (C) and (E),
but a governor may not appoint an
individual who would not be eligible to
be included in a list submitted to the
Secretary under those subparagraphs.
``(iv)(I) In making appointments under this
subparagraph, each Governor must consider--
``(aa) at least 1 nominee each from
the commercial, recreational, and
charter fishing sectors; and
``(bb) at least 1 other individual
who is knowledgeable regarding the
conservation and management of
fisheries resources in the jurisdiction
of the Gulf of Mexico Fishery
Management Council.
``(II) For purposes of clause (i) an
individual who owns or operates a fish farm
outside of the United States shall not be
considered to be a representative of the
commercial or recreational fishing sector.
``(v) A governor shall notify the Secretary
before making each appointment under this
subparagraph. The Secretary shall publish
notice of such appointment by not later than 45
days before the first day on which the
appointee takes office as a member of the
Council.
``(vi) Subsection (b)(3) shall be applied
with respect to the Gulf of Mexico Fishery
Management Council by substituting `a Governor
in accordance with subsection (a)(1)(E)' for
`the Secretary in accordance with paragraphs
(2) and (5)'.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (B)(iii), by inserting ``(other
than the Gulf of Mexico Fishery Management Council)''
after ``each Council''; and
(B) in subparagraph (C), in the first sentence, by
inserting ``(other than the Gulf of Mexico Fishery
Management Council)'' after ``each Council''. | Red Snapper Regulatory Reform Act This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to revise requirements on fishing and fisheries in the Gulf of Mexico. The bill repeals a requirement that red snapper fishery management plans, plan amendments, or regulation submitted by the Gulf of Mexico Fishery Management Council contain catch limits. State jurisdiction over fisheries in the Gulf of Mexico is expanded to nine nautical miles. The Gulf States Marine Fisheries Commission must conduct all fishery stock assessments for fisheries managed under the Council's Reef Fish Management Plan. Stock assessments must: (1) incorporate fisheries survey information collected by universities; (2) use state, university, and private assets to conduct surveys; (3) incorporate surveys conducted on natural and artificial reefs; and (4) emphasize constituent and stakeholder participation in the development of the assessment. The program created to improve the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey must take into consideration all fishery effort data collection activities undertaken by the marine resources division of each relevant state of the Council. Members of the Council are no longer appointed by the National Oceanic and Atmospheric Administration. | {"src": "billsum_train", "title": "Red Snapper Regulatory Reform Act"} | 1,840 | 248 | 0.729556 | 2.091532 | 0.850813 | 3.669725 | 7.40367 | 0.889908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rape Kits and DNA Evidence Backlog
Elimination Act of 2003''.
SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF
2000.
Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) $25,000,000 for fiscal year 2004;
``(E) $25,000,000 for fiscal year 2005;
``(F) $25,000,000 for fiscal year 2006; and
``(G) $25,000,000 for fiscal year 2007.''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``and''; and
(B) by striking subparagraph (D), and inserting the
following:
``(D) $75,000,000 for fiscal year 2004;
``(E) $75,000,000 for fiscal year 2005;
``(F) $25,000,000 for fiscal year 2006; and
``(G) $25,000,000 for fiscal year 2007.''.
SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM.
(a) Inclusion of all DNA Samples From States.--Section 210304 of
the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1), by striking ``of persons
convicted of crimes;'' and inserting the following: ``of--
``(A) persons convicted of crimes; and
``(B) other persons, as authorized under the laws
of the jurisdiction that generates the records;''; and
(2) by striking subsection (d).
(b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is
amended to read as follows:
``(d) Qualifying Federal Offenses.--The offenses that shall be
treated for purposes of this section as qualifying Federal offenses are
the following offenses, as determined by the Attorney General:
``(1) Any felony.
``(2) Any offense under chapter 109A of title 18, United
States Code.
``(3) Any crime of violence (as that term is defined in
section 16 of title 18, United States Code).
``(4) Any attempt or conspiracy to commit any of the
offenses under paragraphs (1) through (3).''.
(c) Uniform Code of Military Justice.--Section 1565 of title 10,
United States Code, is amended--
(1) by amending subsection (d) to read as follows:
``(d) Qualifying Military Offenses.--The offenses that shall be
treated for purposes of this section as qualifying military offenses
are the following offenses, as determined by the Secretary of Defense,
in consultation with the Attorney General:
``(1) Any offense under the Uniform Code of Military
Justice for which the authorized penalties include confinement
for more than 1 year.
``(2) Any other offense under the Uniform Code of Military
Justice that is comparable to a qualifying Federal offense (as
determined under section 3(d) of the DNA Analysis Backlog
Elimination Act of 2000).'';
(2) by striking subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
(d) Technical Amendments.--Section 811(a)(2) of the Antiterrorism
and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is
amended--
(1) in subparagraph (A), by striking ``[42 U.S.C.A.
14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and
(2) in subparagraph (B), by striking ``[42 U.S.C.A.
Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''.
SEC. 4. FORENSIC LABORATORY GRANTS.
(a) Grants Authorized.--The Attorney General is authorized to award
grants to not more than 15 State or local forensic laboratories to
implement innovative plans to encourage law enforcement, judicial, and
corrections personnel to increase the submission of rape evidence kits
and other biological evidence from crime scenes.
(b) Application.--Not later than December 31, 2004, each laboratory
desiring a grant under this section shall submit an application
containing a proposed plan to encourage law enforcement officials in
localities with a DNA backlog to increase the submission of rape
evidence kits and other biological evidence from crime scenes.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for each of the fiscal years 2004 through 2006
to carry out the provisions of this section.
SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR
AND RECEIVE DNA BACKLOG ELIMINATION GRANTS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, units of local
government, or Indian tribes'' after ``eligible
States''; and
(ii) by inserting ``, unit of local
government, or Indian tribe'' after ``State'';
and
(B) in paragraph (3), by striking ``or by units of
local government'' and inserting ``, units of local
government, or Indian tribes``;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``, unit of local government, or Indian
tribe'' after ``State'' each place that term appears;
(B) in paragraph (1), by inserting ``, unit of
local government, or Indian tribe`` after ``State'';
(C) in paragraph (3), by inserting ``, unit of
local government, or Indian tribe'' after ``State'' the
first time that term appears;
(D) in paragraph (4), by inserting ``, unit of
local government, or Indian tribe'' after ``State'';
and
(E) in paragraph (5), by inserting ``, unit of
local government, or Indian tribe'' after ``State'';
(3) in subsection (c), by inserting ``, unit of local
government, or Indian tribe'' after ``State'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or a
unit of local government'' and inserting ``, a
unit of local government, or an Indian tribe'';
and
(ii) in subparagraph (B), by striking ``or
a unit of local government'' and inserting ``,
a unit of local government, or an Indian
tribe''; and
(B) in paragraph (2)(A), by inserting ``, units of
local government, and Indian tribes,'' after
``States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ``or local
government'' after ``State'' each place that term
appears; and
(B) in paragraph (2), by inserting ``, unit of
local government, or Indian tribe'' after ``State'';
(6) in subsection (f), in the matter preceding paragraph
(1), by inserting ``, unit of local government, or Indian
tribe'' after ``State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ``, unit of
local government, or Indian tribe'' after ``State'';
and
(B) in paragraph (2), by inserting ``, units of
local government, or Indian tribes'' after ``States'';
and
(8) in subsection (h), by inserting ``, unit of local
government, or Indian tribe'' after ``State'' each place that
term appears.
SEC. 6. SAFE PROGRAM.
(a) Establishment of Grant Program.--The Attorney General shall
establish a program to award and disburse annual grants to SAFE
programs.
(b) Compliance With National Protocol.--To receive a grant under
this section, a proposed or existing SAFE program shall be in
compliance with the standards and recommended national protocol
developed by the Attorney General pursuant to section 1405 of the
Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg note).
(c) Application.--
(1) In general.--Each proposed or existing SAFE program
that desires a grant under this section shall submit an
application to the Attorney General at such time, and in such
manner, as the Attorney General shall reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall include information regarding--
(A) the size of the population or estimated
population to be served by the proposed or existing
SAFE program; and
(B) if the SAFE program exists at the time the
applicant submits its application, the effectiveness of
that SAFE program.
(d) Priority Given to Programs in Underserved Areas.--In awarding
grants under this section, the Attorney General shall give priority to
proposed or existing SAFE programs that are serving, or will serve,
populations currently underserved by existing SAFE programs.
(e) Nonexclusivity.--Nothing in this Act shall be construed to
limit or restrict the ability of proposed or existing SAFE programs to
apply for and obtain Federal funding from any other agency or
department, or under any other Federal grant program.
(f) Audits.--The Attorney General shall audit recipients of grants
awarded and disbursed under this section to ensure--
(1) compliance with the standards and recommended national
protocol developed by the Attorney General pursuant to section
1405 of the Victims of Trafficking and Violence Protection Act
of 2000 (42 U.S.C. 3796gg note);
(2) compliance with other applicable Federal laws; and
(3) overall program effectiveness.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $10,000,000 for each of
fiscal years 2004 through 2008 for grants under this section.
SEC. 7. DNA EVIDENCE TRAINING GRANTS.
(a) Grants Authorized.--The Attorney General is authorized to award
grants to prosecutor's offices, associations, or organizations to train
local prosecutors in the use of DNA evidence in a criminal
investigation or a trial.
(b) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as the
Attorney General may reasonably require.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2004 through 2006
to carry out the provisions of this section.
SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES.
(a) Statute of Limitations.--
(1) In general.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3297. Child abduction and sex offenses
``Notwithstanding any other provision of law, an indictment may be
found or an information instituted at any time without limitation for
any offense under section 1201 involving a minor victim, and for any
felony under chapter 109A, 110, or 117, or section 1591.''.
(2) Amendment to chapter analysis.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:
``3297. Child abduction and sex offenses.''.
(b) Application.--The amendments made by this section shall apply
to the prosecution of any offense committed before, on, or after the
date of the enactment of this section.
SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING
DNA IDENTIFICATION.
(a) In General.--Chapter 213 of title 18, United States Code, as
amended by section 8, is further amended by adding at the end the
following:
``Sec. 3298. Cases involving DNA evidence
``In a case in which DNA testing implicates a person in the
commission of a felony, no statute of limitations that would otherwise
preclude prosecution of the offense shall preclude such prosecution
until a period of time following the DNA testing that implicates the
person has elapsed that is equal to the otherwise applicable limitation
period.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by adding at the end the
following:
``3298. Cases involving DNA evidence.''.
(c) Effective Date.--The amendments made by this section shall
apply to the prosecution of any offense committed before, on, or after
the date of the enactment of this section.
SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a), by inserting ``dating violence,''
after ``domestic violence,'';
(2) in subsection (b)--
(A) by inserting before paragraph (1) the
following:
``(1) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of--
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction
between the persons involved in the
relationship.'';
(B) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4) respectively; and
(C) in paragraph (3), as redesignated by
subparagraph (B) of this paragraph, by inserting
``dating violence,'' after ``domestic violence,'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting--
(i) ``, dating violence,'' after ``between
domestic violence''; and
(ii) ``dating violence,'' after ``victims
of domestic violence,'';
(B) in paragraph (2), by inserting ``dating
violence,'' after ``domestic violence,''; and
(C) in paragraph (3), by inserting ``dating
violence,'' after ``domestic violence,'';
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``, dating
violence,'' after ``domestic violence'';
(B) in paragraph (2), by inserting ``, dating
violence,'' after ``domestic violence'';
(C) in paragraph (3), by inserting ``, dating
violence,'' after ``domestic violence''; and
(D) in paragraph (4), by inserting ``dating
violence,'' after ``domestic violence,'';
(5) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(6) in subsection (f)(2)(A), by inserting ``dating
violence,'' after ``domestic violence,''.
SEC. 11. SENSE OF CONGRESS.
It is the sense of Congress that the Paul Coverdell National
Forensic Science Improvement Act (Public Law 106-561) should be funded
in order to improve the quality, timeliness, and credibility of
forensic science services for criminal justice purposes. | Rape Kits and DNA Evidence Backlog Elimination Act of 2003 - Reauthorizes appropriations under the DNA Analysis Backlog Elimination Act of 2000 (the Act).Expands the scope of DNA samples to be included in the Combined DNA Index System.Authorizes the Attorney General to award grants to up to 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes.Amends the Act to make local governments and Indian tribes eligible to apply for and receive DNA backlog elimination grants.Requires the Attorney General to establish a program to award and disburse annual grants to SAFE (Sexual Assault Forensic Examination) programs, with priority to programs that are serving, or will serve, populations currently under-served by existing SAFE programs.Authorizes the Attorney General to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial.Eliminates the statute of limitations for child abduction and sex offenses. Provides that the limitation period in cases in which DNA testing implicates a person in the commission of a felony shall not preclude prosecution until an equal period has elapsed following such testing.Amends the Violence Against Women Act of 2000 to cover dating violence.Expresses the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes. | {"src": "billsum_train", "title": "A bill to improve investigation and prosecution of sexual assault cases with DNA evidence, and for other purposes."} | 3,735 | 369 | 0.487474 | 1.501958 | 0.726056 | 6.021201 | 11.75265 | 0.932862 |
TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER
SEC. 101. VISITOR CENTER.
Public Law 96-297 (16 U.S.C. 431 note) is amended by adding at the
end the following:
``SEC. 6. VISITOR CENTER.
``(a) Authorization.--
``(1) In general.--The Vietnam Veterans Memorial Fund, Inc., is
authorized to construct a visitor center at or near the Vietnam
Veterans Memorial on Federal land in the District of Columbia, or
its environs, subject to the provisions of this section, in order
to better inform and educate the public about the Vietnam Veterans
Memorial and the Vietnam War.
``(2) Location.--The visitor center shall be located
underground.
``(3) Consultation on design phase.--The Vietnam Veterans
Memorial Fund, Inc., shall consult with educators, veterans groups,
and the National Park Service in developing the proposed design of
the visitor center.
``(b) Compliance With Standards Applicable to Commemorative
Works.--Chapter 89 of title 40, United States Code, shall apply,
including provisions related to the siting, design, construction, and
maintenance of the visitor center, and the visitor center shall be
considered a commemorative work for the purposes of that Act, except
that--
``(1) final approval of the visitor center shall not be
withheld;
``(2) the provisions of subsections (b) and (c) of section 8908
of title 40, United States Code, requiring further approval by law
for the location of a commemorative work within Area I and
prohibiting the siting of a visitor center within the Reserve shall
not apply;
``(3) the size of the visitor center shall be limited to the
minimum necessary--
``(A) to provide for appropriate educational and
interpretive functions; and
``(B) to prevent interference or encroachment on the
Vietnam Veterans Memorial and to protect open space and visual
sightlines on the Mall; and
``(4) the visitor center shall be constructed and landscaped in
a manner harmonious with the site of the Vietnam Veterans Memorial,
consistent with the special nature and sanctity of the Mall.
``(c) Operation and Maintenance.--
``(1) In general.--The Secretary of the Interior shall--
``(A) operate and maintain the visitor center, except that
the Secretary shall enter into a written agreement with the
Vietnam Veterans Memorial Fund, Inc., for specified maintenance
needs of the visitor center, as determined by the Secretary;
and
``(B) as soon as practicable, in consultation with
educators and veterans groups, develop a written interpretive
plan for the visitor center in accordance with National Park
Service policy.
``(2) Donation for perpetual maintenance and preservation.--
Paragraph (1)(A) does not waive the requirements of section 8906(b)
of title 40, United States Code, with respect to the visitor
center.
``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc., shall be
solely responsible for acceptance of contributions for, and payment of
expenses of, the establishment of the visitor center. No Federal funds
shall be used to pay any expense of the establishment of the visitor
center.''.
TITLE II--COMMEMORATIVE WORKS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2003''.
SEC. 202. ESTABLISHMENT OF RESERVE.
(a) Findings.--Congress finds that--
(1) the great cross-axis of the Mall in the District of
Columbia, which generally extends from the United States Capitol to
the Lincoln Memorial, and from the White House to the Jefferson
Memorial, is a substantially completed work of civic art; and
(2) to preserve the integrity of the Mall, a reserve area
should be designated within the core of the great cross-axis of the
Mall where the siting of new commemorative works is prohibited.
(b) Reserve.--Section 8908 of title 40, United States Code, is
amended by adding at the end the following:
``(c) Reserve.--After the date of enactment of the Commemorative
Works Clarification and Revision Act of 2003, no commemorative work or
visitor center shall be located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Purposes.--Section 8901(2) of title 40, United States Code, is
amended by striking ``Columbia;'' and inserting ``Columbia and its
environs, and to encourage the location of commemorative works within
the urban fabric of the District of Columbia;''.
(b) Definitions.--Section 8902 of title 40, United States Code, is
amended by striking subsection (a) and inserting the following:
``(a) Definitions.--In this chapter:
``(1) Commemorative work.--The term `commemorative work' means
any statue, monument, sculpture, memorial, plaque, inscription, or
other structure or landscape feature, including a garden or
memorial grove, designed to perpetuate in a permanent manner the
memory of an individual, group, event or other significant element
of American history, except that the term does not include any such
item which is located within the interior of a structure or a
structure which is primarily used for other purposes.
``(2) The district of columbia and its environs.--The term `the
District of Columbia and its environs' means those lands and
properties administered by the National Park Service and the
General Services Administration located in the Reserve, Area I, and
Area II as depicted on the map entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and dated June
24, 2003.
``(3) Reserve.--The term `Reserve' means the great cross-axis
of the Mall, which generally extends from the United States Capitol
to the Lincoln Memorial, and from the White House to the Jefferson
Memorial, as depicted on the map referenced in paragraph (2).
``(4) Sponsor.--The term `sponsor' means a public agency, or 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 authorized by
Congress to establish a commemorative work in the District of
Columbia and its environs.''.
(c) Authorization.--Section 8903 of title 40, United States Code,
is amended--
(1) in subsection (b)--
(A) by striking ``work commemorating a lesser conflict''
and inserting ``work solely commemorating a limited military
engagement''; and
(B) by striking ``the event'' and inserting ``such war or
conflict'';
(2) in subsection (d)--
(A) by striking ``Consultation with National Capital
Memorial Commission.--'' and inserting ``Consultation with
National Capital Memorial Advisory Commission.--'';
(B) by striking ``House Administration'' and inserting
``Resources''; and
(C) by inserting ``Advisory'' before ``Commission''; and
(3) by striking subsection (e) and inserting the following:
``(e) Expiration of Legislative Authority.--Any legislative
authority for a commemorative work shall expire at the end of the
seven-year period beginning on the date of the enactment of such
authority, or at the end of the seven-year period beginning on the date
of the enactment of legislative authority to locate the commemorative
work within Area I, if such additional authority has been granted,
unless--
``(1) the Secretary of the Interior or the Administrator of
General Services (as appropriate) has issued a construction permit
for the commemorative work during that period; or
``(2) the Secretary or the Administrator (as appropriate), in
consultation with the National Capital Memorial Advisory
Commission, has made a determination that--
``(A) final design approvals have been obtained from the
National Capital Planning Commission and the Commission of Fine
Arts; and
``(B) 75 percent of the amount estimated to be required to
complete the commemorative work has been raised.
If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three additional years. Upon
expiration of the legislative authority, any previous site and design
approvals shall also expire.''.
(d) National Capital Memorial Advisory Commission.--Section 8904 of
title 40, United States Code, is amended--
(1) in the heading, by inserting ``Advisory'' before
``Commission'';
(2) in subsection (a), by striking ``There is a National'' and
all that follows through ``consists of'' and inserting the
following: ``There is established the National Capital Memorial
Advisory Commission, which shall be composed of'';
(3) in subsection (c)--
(A) by inserting ``Advisory'' before ``Commission shall'';
and
(B) by striking ``Services'' and inserting ``Services (as
appropriate)''; and
(4) in subsection (d) by inserting ``Advisory'' before
``Commission''.
(e) Site and Design Approval.--Section 8905 of title 40, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``person'' each place it appears and
inserting ``sponsor''; and
(B) in paragraph (1)--
(i) by inserting ``Advisory'' before ``Commission'';
and
(ii) by striking ``designs'' and inserting ``design
concepts''; and
(2) in subsection (b)--
(A) by striking ``Secretary, and Administrator'' and
inserting ``and the Secretary or Administrator (as
appropriate)''; and
(B) in paragraph (2)(B), by striking, ``open space and
existing public use.'' and inserting ``open space, existing
public use, and cultural and natural resources.''.
(f) Criteria for Issuance of Construction Permit.--Section 8906 of
title 40, United States Code, is amended--
(1) in subsection (a)(3) and (a)(4) by striking ``person'' and
inserting ``sponsor''; and
(2) by striking subsection (b) and inserting the following:
``(b) Donation for Perpetual Maintenance and Preservation.--
``(1) In addition to the criteria described above in subsection
(a), no construction permit shall be issued unless the sponsor
authorized to construct the commemorative work has donated an
amount equal to 10 percent of the total estimated cost of
construction to offset the costs of perpetual maintenance and
preservation of the commemorative work. All such amounts shall be
available for those purposes pursuant to the provisions of this
subsection. The provisions of this subsection shall not apply in
instances when the commemorative work is constructed by a
Department or agency of the Federal Government and less than 50
percent of the funding for such work is provided by private
sources.
``(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of the
Commemorative Works Clarification and Revision Act of 2003 provided
by a sponsor for maintenance pursuant to this subsection shall be
credited to a separate account in the Treasury.
``(3) Money provided by a sponsor pursuant to the provisions of
this subsection after the date of enactment of the Commemorative
Works Clarification and Revision Act of 2003 shall be credited to a
separate account with the National Park Foundation.
``(4) Upon request of the Secretary or Administrator (as
appropriate), the Secretary of the Treasury or the National Park
Foundation shall make all or a portion of such moneys available to
the Secretary or the Administrator (as appropriate) for the
maintenance of a commemorative work. Under no circumstances may the
Secretary or Administrator request funds from a separate account
exceeding the total money in the account established under
paragraph (2) or (3). The Secretary and the Administrator shall
maintain an inventory of funds available for such purposes. Funds
provided under this paragraph shall be available without further
appropriation and shall remain available until expended.''.
(g) Areas I and II.--Section 8908(a) of title 40, United States
Code, is amended--
(1) by striking ``Secretary of the Interior and Administrator
of General Services'' and inserting ``Secretary of the Interior or
the Administrator of General Services (as appropriate)''; and
(2) by striking ``numbered 869/86581, and dated May 1, 1986''
and inserting ``entitled `Commemorative Areas Washington, DC and
Environs', numbered 869/86501 B, and dated June 24, 2003''.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905(b) of title 40, United States Code (as amended by
section 203(e)), is amended by adding at the end the following:
``(5) Museums.--No commemorative work primarily designed as a
museum may be located on lands under the jurisdiction of the
Secretary in Area I or in East Potomac Park as depicted on the map
referenced in section 8902(2).
``(6) Site-specific guidelines.--The National Capital Planning
Commission and the Commission of Fine Arts may develop such
criteria or guidelines specific to each site that are mutually
agreed upon to ensure that the design of the commemorative work
carries out the purposes of this chapter.
``(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any manner as part
of the commemorative work or its site.''.
SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.
Except for the provision in the amendment made by section 202(b)
prohibiting a visitor center from being located in the Reserve (as
defined in section 8902 of title 40, United States Code), nothing in
this title shall apply to a commemorative work for which a site was
approved in accordance with chapter 89 of title 40, United States Code,
prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within 6 months after the date of enactment of this title, the
Secretary of the Interior, in consultation with the National Capital
Planning Commission and the Commission of Fine Arts, shall submit to
the Committee on Energy and Natural Resources of the United States
Senate, and to the Committee on Resources of the United States House of
Representatives reports setting forth plans for the following:
(1) To relocate, as soon as practicable after the date of
enactment of this Act, the National Park Service's stable and
maintenance facilities that are within the Reserve (as defined in
section 8902 of title 40, United States Code).
(2) To relocate, redesign or otherwise alter the concession
facilities that are within the Reserve to the extent necessary to
make them compatible with the Reserve's character.
(3) To limit the sale or distribution of permitted merchandise
to those areas where such activities are less intrusive upon the
Reserve, and to relocate any existing sale or distribution
structures that would otherwise be inconsistent with the plan.
(4) To make other appropriate changes, if any, to protect the
character of the Reserve.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Vietnam Veterans Memorial Visitor Center - (Sec. 101) Authorizes the Vietnam Veterans Memorial Fund, Inc. (Fund) to construct an underground visitor center at or near the Vietnam Veterans Memorial (Memorial) to better inform and educate the public about the Vietnam Veterans Memorial and the Vietnam War. Requires the Fund to consult with educators, veterans groups, and the National Park Service in developing the proposed design of the visitor center.
Designates the visitor center as a commemorative work for purposes of Federal standards applicable to National Capital Memorials and commemorative works, but waives final approval and location requirements. Limits the size of the visitor center to the minimum necessary to: (1) provide for appropriate educational and interpretive functions; (2) prevent interference with or encroachment on the Memorial; and (3) protect open space and visual sightlines on the Mall. Specifies that the visitor center shall be constructed and landscaped to be harmonious with the Memorial, consistent with the special nature and sanctity of the Mall.
Directs the Secretary of the Interior to operate and maintain the visitor center and to develop a written interpretive plan for the visitor center in accordance with National Park Service policy.
Provides that the Fund shall be solely responsible for accepting contributions for, and paying expenses of, the establishment of the visitor center. Prohibits the use of Federal funds to pay any expense of the establishment of the visitor center.
Title II: Commemorative Works - (Sec. 201) Commemorative Works Clarification and Revision Act of 2003.
(Sec. 202) Prohibits the location of any commemorative work or visitor center within the Reserve (defined as the great cross-axis of the Mall in the District of Columbia, which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial) after enactment of this Act.
(Sec. 203) Revises conditions which must be met in order to extend the legislative authority for a commemorative work beyond its normal seven-year limit to include determinations of the Secretary and the Administrator of General Services that final design approvals have been obtained from the National Capital Planning Commission (NCPC) and the Commission of Fine Arts (CFA), and that 75 percent of the amount estimated to be required to complete the memorial has been raised, in which case the seven-year authority may be extended for a period not to exceed three years.
Redesignates the National Capital Memorial Commission as the National Capital Memorial Advisory Commission.
Requires money provided after enactment of this Act by a sponsor of a commemorative work to be credited to a separate account with the National Park Foundation.
(Sec. 204) Prohibits a work primarily designed as a museum from being located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park. Authorizes the NCPC and the CFA to develop criteria specific to each site to ensure that the design of a work meets specified comparability requirements. Prohibits donor contributions to works from being acknowledged in any manner as part of the work or its site.
(Sec. 205) Exempts from the application of this title a site for a commemorative work (other than a site for a commemorative work or visitor center to be located in the Reserve) that was approved prior to the enactment of this title.
(Sec. 206) Directs the Secretary to report to the Senate Committee on Energy and Natural Resources and the House Committee on Resources on the relocation of stable, maintenance, and concession facilities within the Reserve, as well as limitations on the sale or distribution of permitted merchandise. | {"src": "billsum_train", "title": "To authorize the design and construction of a visitor center for the Vietnam Veterans Memorial."} | 3,514 | 797 | 0.719675 | 2.333018 | 0.824697 | 4.275762 | 4.603774 | 0.940493 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
India Nuclear Cooperation Approval and Nonproliferation Enhancement
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
Sec. 101. Approval of Agreement.
Sec. 102. Declarations of policy; certification requirement; rule of
construction.
Sec. 103. Additional Protocol between India and the IAEA.
Sec. 104. Implementation of Safeguards Agreement between India and the
IAEA.
Sec. 105. Modified reporting to Congress.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
Sec. 201. Procedures regarding a subsequent arrangement on reprocessing.
Sec. 202. Initiatives and negotiations relating to agreements for
peaceful nuclear cooperation.
Sec. 203. Actions required for resumption of peaceful nuclear
cooperation.
Sec. 204. United States Government policy at the Nuclear Suppliers Group
to strengthen the international nuclear nonproliferation
regime.
Sec. 205. Conforming amendments.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy'' or ``Agreement''
means the Agreement for Cooperation Between the Government of the
United States of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy that was transmitted to Congress by
the President on September 10, 2008.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
SEC. 101. APPROVAL OF AGREEMENT.
(a) In General.--Notwithstanding the provisions for congressional
consideration and approval of a proposed agreement for cooperation in
section 123 b. and d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153
(b) and (d)), Congress hereby approves the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject
to subsection (b).
(b) Applicability of Atomic Energy Act of 1954, Hyde Act, and Other
Provisions of Law.--The Agreement shall be subject to the provisions of
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Henry J.
Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006
(22 U.S.C. 8001 et. seq; Public Law 109-401), and any other applicable
United States law as if the Agreement had been approved pursuant to the
provisions for congressional consideration and approval of a proposed
agreement for cooperation in section 123 b. and d. of the Atomic Energy
Act of 1954.
(c) Sunset of Exemption Authority Under Hyde Act.--Section 104(f)
of the Henry J. Hyde United States-India Peaceful Atomic Energy
Cooperation Act of 2006 (22 U.S.C. 8003(f)) is amended by striking
``the enactment of'' and all that follows through ``agreement'' and
inserting ``the date of the enactment of the United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act''.
SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE
OF CONSTRUCTION.
(a) Declarations of Policy Relating to Meaning and Legal Effect of
Agreement.--Congress declares that it is the understanding of the
United States that the provisions of the United States-India Agreement
for Cooperation on Peaceful Uses of Nuclear Energy have the meanings
conveyed in the authoritative representations provided by the President
and his representatives to the Congress and its committees prior to
September 20, 2008, regarding the meaning and legal effect of the
Agreement.
(b) Declarations of Policy Relating to Transfer of Nuclear
Equipment, Materials, and Technology to India.--Congress makes the
following declarations of policy:
(1) Pursuant to section 103(a)(6) of the Henry J. Hyde United
States-India Peaceful Atomic Energy Cooperation Act of 2006 (22
U.S.C. 8002(a)(6)), in the event that nuclear transfers to India
are suspended or terminated pursuant to title I of such Act (22
U.S.C. 8001 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.), or any other United States law, it is the policy of the
United States to seek to prevent the transfer to India of nuclear
equipment, materials, or technology from other participating
governments in the Nuclear Suppliers Group (NSG) or from any other
source.
(2) Pursuant to section 103(b)(10) of the Henry J. Hyde United
States-India Peaceful Atomic Energy Cooperation Act of 2006 (22
U.S.C. 8002(b)(10)), any nuclear power reactor fuel reserve
provided to the Government of India for use in safeguarded civilian
nuclear facilities should be commensurate with reasonable reactor
operating requirements.
(c) Certification Requirement.--Before exchanging diplomatic notes
pursuant to Article 16(1) of the Agreement, the President shall certify
to Congress that entry into force and implementation of the Agreement
pursuant to its terms is consistent with the obligation of the United
States under the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation
Treaty''), not in any way to assist, encourage, or induce India to
manufacture or otherwise acquire nuclear weapons or other nuclear
explosive devices.
(d) Rule of Construction.--Nothing in the Agreement shall be
construed to supersede the legal requirements of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006 or
the Atomic Energy Act of 1954.
SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.
Congress urges the Government of India to sign and adhere to an
Additional Protocol with the International Atomic Energy Agency (IAEA),
consistent with IAEA principles, practices, and policies, at the
earliest possible date.
SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND
THE IAEA.
Licenses may be issued by the Nuclear Regulatory Commission for
transfers pursuant to the Agreement only after the President determines
and certifies to Congress that--
(1) the Agreement Between the Government of India and the
International Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities, as approved by the Board
of Governors of the International Atomic Energy Agency on August 1,
2008 (the ``Safeguards Agreement''), has entered into force; and
(2) the Government of India has filed a declaration of
facilities pursuant to paragraph 13 of the Safeguards Agreement
that is not materially inconsistent with the facilities and
schedule described in paragraph 14 of the separation plan presented
in the national parliament of India on May 11, 2006, taking into
account the later initiation of safeguards than was anticipated in
the separation plan.
SEC. 105. MODIFIED REPORTING TO CONGRESS.
(a) Information on Nuclear Activities of India.--Subsection (g)(1)
of section 104 of the Henry J. Hyde United States-India Peaceful Atomic
Energy Cooperation Act of 2006 (22 U.S.C. 8003) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) any material inconsistencies between the content or
timeliness of notifications by the Government of India pursuant
to paragraph 14(a) of the Safeguards Agreement and the
facilities and schedule described in paragraph (14) of the
separation plan presented in the national parliament of India
on May 11, 2006, taking into account the later initiation of
safeguards than was anticipated in the separation plan;''.
(b) Implementation and Compliance Report.--Subsection (g)(2) of
such section is amended--
(1) in subparagraph (K)(iv), by striking ``and'' at the end;
(2) in subparagraph (L), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(M) with respect to the United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy (hereinafter in
this subparagraph referred to as the `Agreement') approved
under section 101(a) of the United States-India Nuclear
Cooperation Approval and Nonproliferation Enhancement Act--
``(i) a listing of--
``(I) all provision of sensitive nuclear technology
to India, and other such information as may be so
designated by the United States or India under Article
1(Q); and
``(II) all facilities in India notified pursuant to
Article 7(1) of the Agreement;
``(ii) a description of--
``(I) any agreed safeguards or any other form of
verification for by-product material decided by mutual
agreement pursuant to the terms of Article 1(A) of the
Agreement;
``(II) research and development undertaken in such
areas as may be agreed between the United States and
India as detailed in Article 2(2)(a.) of the Agreement;
``(III) the civil nuclear cooperation activities
undertaken under Article 2(2)(d.) of the Agreement;
``(IV) any United States efforts to help India
develop a strategic reserve of nuclear fuel as called
for in Article 2(2)(e.) of the Agreement;
``(V) any United States efforts to fulfill
political commitments made in Article 5(6) of the
Agreement;
``(VI) any negotiations that have occurred or are
ongoing under Article 6(iii.) of the Agreement; and
``(VII) any transfers beyond the territorial
jurisdiction of India pursuant to Article 7(2) of the
Agreement, including a listing of the receiving country
of each such transfer;
``(iii) an analysis of--
``(I) any instances in which the United States or
India requested consultations arising from concerns
over compliance with the provisions of Article 7(1) of
the Agreement, and the results of such consultations;
and
``(II) any matters not otherwise identified in this
report that have become the subject of consultations
pursuant to Article 13(2) of the Agreement, and a
statement as to whether such matters were resolved by
the end of the reporting period; and
``(iv) a statement as to whether--
``(I) any consultations are expected to occur under
Article 16(5) of the Agreement; and
``(II) any enrichment is being carried out pursuant
to Article 6 of the Agreement.''.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON
REPROCESSING.
(a) In General.--Notwithstanding section 131 of the Atomic Energy
Act of 1954 (42 U.S.C. 2160), no proposed subsequent arrangement
concerning arrangements and procedures regarding reprocessing or other
alteration in form or content, as provided for in Article 6 of the
Agreement, shall take effect until the requirements specified in
subsection (b) are met.
(b) Requirements.--The requirements referred to in subsection (a)
are the following:
(1) The President transmits to the appropriate congressional
committees a report containing--
(A) the reasons for entering into such proposed subsequent
arrangement;
(B) a detailed description, including the text, of such
proposed subsequent arrangement; and
(C) a certification that the United States will pursue
efforts to ensure that any other nation that permits India to
reprocess or otherwise alter in form or content nuclear
material that the nation has transferred to India or nuclear
material and by-product material used in or produced through
the use of nuclear material, non-nuclear material, or equipment
that it has transferred to India requires India to do so under
similar arrangements and procedures.
(2) A period of 30 days of continuous session (as defined by
section 130 g.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2159
(g)(2)) has elapsed after transmittal of the report required under
paragraph (1).
(c) Resolution of Disapproval.--Notwithstanding the requirements in
subsection (b) having been met, a subsequent arrangement referred to in
subsection (a) shall not become effective if during the time specified
in subsection (b)(2), Congress adopts, and there is enacted, a joint
resolution stating in substance that Congress does not favor such
subsequent arrangement. Any such resolution shall be considered
pursuant to the procedures set forth in section 130 i. of the Atomic
Energy Act of 1954 (42 U.S.C. 2159 (i)), as amended by section 205 of
this Act.
SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended by adding at the end the following:
``e. The President shall keep the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate fully and currently informed of
any initiative or negotiations relating to a new or amended
agreement for peaceful nuclear cooperation pursuant to this
section (except an agreement arranged pursuant to section 91
c., 144 b., 144 c., or 144 d., or an amendment thereto).''.
SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR
COOPERATION.
Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158
(a)) is amended by striking ``Congress adopts a concurrent resolution''
and inserting ``Congress adopts, and there is enacted, a joint
resolution''.
SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS
GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR NONPROLIFERATION
REGIME.
(a) Certification.--Before exchanging diplomatic notes pursuant to
Article 16(1) of the Agreement, the President shall certify to the
appropriate congressional committees that it is the policy of the
United States to work with members of the Nuclear Suppliers Group
(NSG), individually and collectively, to agree to further restrict the
transfers of equipment and technology related to the enrichment of
uranium and reprocessing of spent nuclear fuel.
(b) Peaceful Use Assurances for Certain By-Product Material.--The
President shall seek to achieve, by the earliest possible date, either
within the NSG or with relevant NSG Participating Governments, the
adoption of principles, reporting, and exchanges of information as may
be appropriate to assure peaceful use and accounting of by-product
material in a manner that is substantially equivalent to the relevant
provisions of the Agreement.
(c) Report.--
(1) In general.--Not later than six months after the date of
the enactment of this Act, and every six months thereafter, the
President shall transmit to the appropriate congressional
committees a report on efforts by the United States pursuant to
subsections (a) and (b).
(2) Termination.--The requirement to transmit the report under
paragraph (1) terminates on the date on which the President
transmits a report pursuant to such paragraph stating that the
objectives in subsections (a) and (b) have been achieved.
SEC. 205. CONFORMING AMENDMENTS.
Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159
(i)) is amended--
(1) in paragraph (1), by striking ``means a joint resolution''
and all that follows through ``, with the date'' and inserting the
following: ``means--
``(A) for an agreement for cooperation pursuant to section 123
of this Act, a joint resolution, the matter after the resolving
clause of which is as follows: `That the Congress (does or does
not) favor the proposed agreement for cooperation transmitted to
the Congress by the President on _____ .',
``(B) for a determination under section 129 of this Act, a
joint resolution, the matter after the resolving clause of which is
as follows: `That the Congress does not favor the determination
transmitted to the Congress by the President on _____ .', or
``(C) for a subsequent arrangement under section 201 of the
United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, a joint resolution, the matter
after the resolving clause of which is as follows: `That the
Congress does not favor the subsequent arrangement to the Agreement
for Cooperation Between the Government of the United States of
America and the Government of India Concerning Peaceful Uses of
Nuclear Energy that was transmitted to Congress by the President on
September 10, 2008.',
with the date''; and
(2) in paragraph (4)--
(A) by inserting after ``45 days after its introduction''
the following ``(or in the case of a joint resolution related
to a subsequent arrangement under section 201 of the United
States-India Nuclear Cooperation Approval and Nonproliferation
Enhancement Act, 15 days after its introduction)''; and
(B) by inserting after ``45-day period'' the following:
``(or in the case of a joint resolution related to a subsequent
arrangement under section 201 of the United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement
Act, 15-day period)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act - (Sec. 2) Defines specified terms.
Title I: Approval of United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy - (Sec. 101) Approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (Agreement), subject to the provisions of the Atomic Energy Act of 1954, the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, and other applicable U.S. law.
(Sec. 102) Declares that it is the understanding of the United States that the provisions of the Agreement have the meanings conveyed in the authoritative representations provided by the President and his representatives to the Congress and its committees prior to September 20, 2008.
Declares it to be congressional policy that: (1) in the event that nuclear transfers to India are suspended or terminated it is U.S. policy to prevent the transfer to India of nuclear equipment, materials, or technology from other participating governments in the Nuclear Suppliers Group (NSG) or from any other source; and (2) any nuclear power reactor fuel reserve provided to India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.
States that before exchanging specified diplomatic notes the President shall certify to Congress that entry into force and implementation of the Agreement pursuant to its terms is consistent with the obligation of the United States under the Treaty on the Nonproliferation of Nuclear Weapons (Nuclear Nonproliferation Treaty) not to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices.
(Sec. 103) Urges the government of India to sign and adhere to an Additional Protocol with the International Atomic Energy Agency (IAEA).
(Sec. 104) States that licenses may be issued by the Nuclear Regulatory Commission (NRC) for transfers pursuant to the Agreement only after the President certifies to Congress that: (1) the Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities has entered into force; and (2) the government of India has filed a declaration of facilities that is not materially inconsistent with the facilities and schedule of the separation plan presented in the national parliament of India.
(Sec. 105) Amends the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 to revise related congressional reporting requirements.
Title II: Strengthening United States Nonproliferation Law Relating to Peaceful Nuclear Cooperation - (Sec. 201) States that no subsequent arrangement concerning reprocessing arrangements and procedures shall take effect until: (1) the President reports to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations (Committees) respecting the reasons for such arrangement and a certification that third-party reprocessing arrangements with India will be conducted under similar arrangements; and (2) a period of 30 days of continuous session has elapsed after such report's transmittal.
States that a subsequent agreement shall not become effective if during such 30-day period Congress enacts a joint resolution of disapproval.
(Sec. 202) Amends the Atomic Energy Act of 1954 to direct the President to inform the Committees of any negotiations relating to a new or amended agreement for peaceful nuclear cooperation.
(Sec. 203) Requires that Congress enact a joint resolution to override a presidential determination permitting the export of nuclear materials, equipment, or technology to a country to which such export is otherwise prohibited. (Current law provides for a concurrent resolution of disapproval.)
(Sec. 204) Directs the President to: (1) certify to the Committees that it is U.S. policy to work with members of the Nuclear Suppliers Group (NSG) to restrict transfers of equipment and technology related to the enrichment of uranium and reprocessing of spent nuclear fuel; (2) seek to achieve within NSG or with NSG participating governments the adoption of principles and exchanges of information to assure peaceful use and accounting of byproduct material; and (3) report every six months to the Committees until such purposes have been achieved.
(Sec. 205) Makes conforming amendments with respect to related congressional actions under the Atomic Energy Act of 1954. | {"src": "billsum_train", "title": "To approve the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy, and for other purposes."} | 4,261 | 971 | 0.722738 | 2.257395 | 0.66251 | 5.330456 | 4.438964 | 0.960543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jesse Gray Housing Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the number of rental dwelling units available for lower
income families is insufficient, and the physical condition of
a substantial portion of such dwelling units is inadequate;
(2) new construction of rental dwelling units is occurring
primarily in higher income areas;
(3) Federal housing assistance programs, such as rent
subsidies, vouchers, and other rental and mortgage assistance,
too frequently assist middle and higher income families and do
not meet the demand for housing by lower income families;
(4) such Federal housing assistance programs are not cost
effective, due to a lack of suitable rental dwelling units
available for lower income families; and
(5) a significant number of families are paying more than
25 percent of their monthly income for rent.
(b) Purpose.--It is the purpose of this Act--
(1) to ensure that all families in the United States have
access to rental dwelling units at rents that are not more than
25 percent of their monthly income, and that such rental
dwelling units are decent, safe, and sanitary;
(2) to ensure that all funds for housing assistance by the
Federal Government benefit lower income families by requiring
the Secretary of Housing and Urban Development to propose that
Federal housing assistance be limited to lower income families;
(3) to encourage the establishment of a public housing
system that consists of--
(A) projects located throughout metropolitan and
rural areas;
(B) low-density projects, to the extent
practicable; and
(C) dwelling units that are visually
indistinguishable from comparable privately owned
dwelling units;
(4) to provide for the revitalization of the housing
construction industry and related industries; and
(5) to remedy the discriminatory practices of construction
unions by providing for the establishment of special procedures
for employing individuals to construct and revitalize public
housing.
SEC. 3. CONSTRUCTION OF PUBLIC HOUSING.
Section 5 of the United States Housing Act of 1937 is amended by
adding at the end the following new subsection:
``(m)(1) The Secretary shall carry out a program for the
construction of 500,000 new dwelling units in public housing during
each of the fiscal years 1994 through 2003.
``(2) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for each of the fiscal years
1994 through 2003. Any amount appropriated under this paragraph shall
remain available until expended.''.
SEC. 4. REVITALIZATION OF PUBLIC HOUSING.
Section 14(b) of the United States Housing Act of 1937 is amended
by adding at the end the following new paragraph:
``(3)(A) To the extent approved in appropriation Acts and subject
to subparagraph (B), the Secretary shall make available and contract to
make available financial assistance under this subsection, in addition
to the financial assistance made available under paragraphs (1) and
(2). In making assistance available under this paragraph, the Secretary
shall give particular preference to public housing agencies requesting
such assistance for public housing projects that the Secretary
determines would likely have been subject to demolition or disposition
under section 18, as such section was in effect before the date of the
enactment of the Jesse Gray Housing Act.
``(B) For purposes of this paragraph, the aggregate amount of
budget authority that may be obligated for contracts for annual
contributions is increased on October 1 of each of the years 1993
through 2002 by the amount necessary to provide for the revitalization
of 100,000 dwelling units in public housing during each of the fiscal
years 1994 through 2003, respectively.''.
SEC. 5. PROHIBITION OF DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
(a) In General.--Section 18(a) of the United States Housing Act of
1937 is amended by striking all that follows ``project'' the second
place it appears and inserting a period.
(b) Conforming Amendments.--Section 18 of the United States Housing
Act of 1937 is amended--
(1) by striking subsections (b) and (c);
(2) in subsection (d), by striking ``subsections (a) and
(b)'' and inserting ``subsection (a)''; and
(3) by redesignating subsection (d) as subsection (b).
SEC. 6. EMPLOYMENT IN PUBLIC HOUSING CONSTRUCTION AND REVITALIZATION.
The United States Housing Act of 1937 is amended by adding at the
end the following new section:
``Employment in Public Housing
Construction and Revitalization
``Sec. 22. (a) In General.--In connection with any construction and
revitalization of public housing under sections 5 and 14, each public
housing agency shall carry out a program of job training and employment
of individuals residing in the area with respect to which such public
housing agency has authority. Each such program shall give preference
to such individuals who reside in public housing.
``(b) Program Requirements.--
``(1) Each training and employment program required in
subsection (a) shall provide that 50 percent of the individuals
employed in connection with the construction of any public
housing project shall be individuals described in such
subsection. Of the individuals employed under this paragraph,
60 percent shall be trained and employed in skilled and semi-
skilled positions.
``(2) Each training and employment program required in
subsection (a) shall provide that 35 percent of the individuals
employed in connection with the revitalization of any public
housing project shall be individuals described in such
subsection. Of the individuals employed under this paragraph,
70 percent shall be trained and employed in skilled and semi-
skilled positions.
``(c) Regulations.--The Secretary shall issue such regulations as
may be necessary to carry out the provisions of this section.''.
SEC. 7. TENANT RENT CONTRIBUTIONS.
(a) Rental and Cooperative Housing for Lower Income Families.--
Section 236(f) of the National Housing Act is amended--
(1) by striking ``30'' each place it appears and inserting
``25''; and
(2) in paragraph (1)(ii), by striking ``25'' and inserting
``20''.
(b) Lower Income Housing Under the United States Housing Act of
1937.--
(1) Section 3(a)(1)(A) of the United States Housing Act of
1937 is amended by striking ``30'' and inserting ``25''.
(2) Section 8(o)(2) of the United States Housing Act of
1937 is amended by striking ``30'' and inserting ``25''.
(c) Rural Housing for Lower Income Families.--
(1) Section 521(a)(2)(A) of the Housing Act of 1949 is
amended by striking ``30'' and inserting ``25''.
(2) Section 521(a)(3) of the Housing Act of 1949 is amended
by striking ``30'' each place it appears and inserting ``25''.
(3) Section 530 of the Housing Act of 1949 is amended by
striking ``30'' and inserting ``25''.
(d) Rent Supplements.--Section 101(d) of the Housing and Urban
Development Act of 1965 is amended by striking ``30'' and inserting
``25''.
(e) Transitional Provisions.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 is amended by striking ``30'' and
inserting ``25''.
(f) Exclusion of Certain Income.--For purposes of determining the
monthly contribution to be made by a family under the provisions
amended by this section, the adjusted income of a family shall exclude
any income attributable to any cost-of-living adjustment made after the
effective date of this section in--
(1) any welfare assistance received by such family from a
public agency; or
(2) any benefits received by such family under the Social
Security Act.
(g) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on October 1, 1993.
SEC. 8. REPORT REGARDING FEDERAL HOUSING ASSISTANCE.
The Secretary of Housing and Urban Development, following
consultation with public housing agencies, shall prepare and submit to
the Congress a comprehensive report setting forth a proposal to limit
Federal housing assistance to assistance for public housing in order to
ensure that all funds for housing assistance provided by the Federal
Government benefit lower income families. | Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units.
Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished.
Prohibits the Secretary from approving a project demolition application.
Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects.
Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. | {"src": "billsum_train", "title": "Jesse Gray Housing Act"} | 1,842 | 180 | 0.517839 | 1.409061 | 0.833358 | 2.961783 | 11.070064 | 0.898089 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Expanding
Industrial Energy Efficiency Incentives Act of 2009''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of 1986 Code; table of contents.
Sec. 2. Modifications in credit for combined heat and power system
property.
Sec. 3. Motor energy efficiency improvement tax credit.
Sec. 4. Credit for replacement of CFC refrigerant chiller.
Sec. 5. Qualifying efficient industrial process water use project
credit.
SEC. 2. MODIFICATIONS IN CREDIT FOR COMBINED HEAT AND POWER SYSTEM
PROPERTY.
(a) Modification of Certain Capacity Limitations.--Subparagraph (B)
of section 48(c)(3) is amended--
(1) by striking ``15 megawatts'' in clause (ii) and
inserting ``25 megawatts'',
(2) by striking ``20,000 horsepower'' in clause (ii) and
inserting ``34,000 horsepower'', and
(3) by striking clause (iii).
(b) Nonapplication of Certain Rules.--Subparagraph (C) of section
48(c)(3) is amended by adding at the end the following new clause:
``(iv) Nonapplication of certain rules.--
For purposes of determining if the term
`combined heat and power system property'
includes technologies which generate
electricity or mechanical power using back-
pressure steam turbines in place of existing
pressure-reducing valves or which make use of
waste heat from industrial processes such as by
using organic rankine, stirling, or kalina heat
engine systems, subparagraph (A) shall be
applied without regard to clause (ii).''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45R. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.
``(a) In General.--For purposes of section 38, the motor energy
efficiency improvement tax credit determined under this section for the
taxable year is an amount equal to $120 multiplied by the motor
horsepower of an appliance, machine, or equipment--
``(1) manufactured in such taxable year by a manufacturer
which incorporates an advanced motor system into a newly
designed appliance, machine, or equipment or into a redesigned
appliance, machine, or equipment which did not previously make
use of the advanced motor system, or
``(2) placed back into service in such taxable year by an
end user which upgrades an existing appliance, machine, or
equipment with an advanced motor system.
For any advanced motor system with a total horsepower of less than 10,
such motor energy efficiency improvement tax credit is an amount which
bears the same ratio to $120 as 1 horsepower bears to such total
horsepower.
``(b) Advanced Motor System.--For purposes of this section, the
term `advanced motor system' means a motor and any required associated
electronic control which--
``(1) offers variable or multiple speed operation, and
``(2) uses permanent magnet technology, electronically
commutated motor technology, switched reluctance motor
technology, or such other motor systems technologies as
determined by the Secretary of Energy.
``(c) Aggregate Per Taxpayer Limitation.--
``(1) In general.--The amount of the credit determined
under this section for any taxpayer for any taxable year shall
not exceed the excess (if any) of $2,000,000 over the aggregate
credits allowed under this section with respect to such
taxpayer for all prior taxable years.
``(2) Aggregation rules.--For purposes of this section, all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 taxpayer.
``(d) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(2) No double benefit.--No other credit shall be
allowable under this chapter for property with respect to which
a credit is allowed under this section.
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1).
``(e) Application.--This section shall not apply to property
manufactured or placed back into service before the date which is 6
months after the date of the enactment of this section or after
December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 38(b) is amended by striking ``plus'' at the
end of paragraph (34), by striking the period at the end of
paragraph (35) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(36) the motor energy efficiency improvement tax credit
determined under section 45R.''.
(2) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(38) to the extent provided in section 45R(d)(1).''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45R. Motor energy efficiency improvement tax credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property manufactured or placed back into service after the
date which is 6 months after the date of the enactment of this Act.
SEC. 4. CREDIT FOR REPLACEMENT OF CFC REFRIGERANT CHILLER.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1,
as amended by this Act, is amended by adding at the end the following
new section:
``SEC. 45S. CFC CHILLER REPLACEMENT CREDIT.
``(a) In General.--For purposes of section 38, the CFC chiller
replacement credit determined under this section for the taxable year
is an amount equal to--
``(1) $150 multiplied by the tonnage rating of a CFC
chiller replaced with a new efficient chiller that is placed in
service by the taxpayer during the taxable year, plus
``(2) if all chilled water distribution pumps connected to
the new efficient chiller include variable frequency drives,
$100 multiplied by any tonnage downsizing.
``(b) CFC Chiller.--For purposes of this section, the term `CFC
chiller' includes property which--
``(1) was installed after 1980 and before 1993,
``(2) utilizes chlorofluorocarbon refrigerant, and
``(3) until replaced by a new efficient chiller, has
remained in operation and utilized for cooling a commercial
building.
``(c) New Efficient Chiller.--For purposes of this section, the
term `new efficient chiller' includes a water-cooled chiller which is
certified to meet efficiency standards effective on January 1, 2010, as
defined in table 6.8.1c in Addendum M to Standard 90.1-2007 of the
American Society of Heating, Refrigerating, and Air Conditioning
Engineers.
``(d) Tonnage Downsizing.--For purposes of this section, the term
`tonnage downsizing' means the amount by which the tonnage rating of
the CFC chiller exceeds the tonnage rating of the new efficient
chiller.
``(e) Energy Audit.--As a condition of receiving a tax credit under
this section, an energy audit shall be performed on the building prior
to installation of the new efficient chiller, identifying cost-
effective energy-saving measures, particularly measures that could
contribute to chiller downsizing. The audit shall satisfy criteria that
shall be issued by the Secretary of Energy.
``(f) Property Used by Tax-Exempt Entity.--In the case of a CFC
chiller replaced by a new efficient chiller the use of which is
described in paragraph (3) or (4) of section 50(b), the person who sold
such new efficient chiller to the entity shall be treated as the
taxpayer that placed in service the new efficient chiller that replaced
the CFC chiller, but only if such person clearly discloses to such
entity in a document the amount of any credit allowable under
subsection (a) and the person certifies to the Secretary that the
person reduced the price the entity paid for such new efficient chiller
by the entire amount of such credit.
``(g) Termination.--This section shall not apply to replacements
made after December 31, 2012.''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by this Act, 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 CFC chiller replacement credit determined under
section 45S.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by adding at the end the following new item:
``Sec. 45S. CFC chiller replacement credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to replacements made after the date of the enactment of this Act.
SEC. 5. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE PROJECT
CREDIT.
(a) In General.--Section 46 is amended by striking ``and'' at the
end of paragraph (4), by striking the period at the end of paragraph
(5), and by adding at the end the following new paragraph:
``(6) the qualifying efficient industrial process water use
project credit.''.
(b) Amount of Credit.--Subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after section 48C the following new
section:
``SEC. 48D. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE PROJECT
CREDIT.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 46, the
qualifying efficient industrial process water use project
credit for any taxable year is an amount equal to the
applicable percentage of the qualified investment for such
taxable year with respect to any qualifying efficient
industrial process water use project of the taxpayer.
``(2) Applicable percentage.--For purposes of subsection
(a), the applicable percentage is--
``(A) 10 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 3,000
kilowatt hours per million gallons of water, and is
placed in service before January 1, 2013,
``(B) 20 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 2,000
kilowatt hours per million gallons of water, and
``(C) 30 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 1,000
kilowatt hours per million gallons of water.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of
eligible property placed in service by the taxpayer during such
taxable year which is part of a qualifying efficient industrial
process water use project.
``(2) Exceptions.--Such term shall not include any portion
of the basis related to--
``(A) permitting,
``(B) land acquisition, or
``(C) infrastructure associated with sourcing or
water discharge.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(4) Special rule for subsidized energy financing.--Rules
similar to the rules of section 48(a)(4) (without regard to
subparagraph (D) thereof) shall apply for purposes of this
section.
``(5) Limitation.--The amount which is treated for all
taxable years with respect to any qualifying efficient
industrial process water use project with respect to any site
shall not exceed $10,000,000.
``(c) Definitions.--
``(1) Qualifying efficient industrial process water use
project.--The term `qualifying efficient industrial process
water use project' means, with respect to any site, a project--
``(A) which replaces or modifies a system for the
use of water or steam in the production of goods in the
trade or business of manufacturing (including any
system for the use of water derived from blow-down from
cooling towers and steam systems in the generation of
electric power at a site also used for the production
of goods in the trade or business of manufacturing),
and
``(B) which is designed to achieve--
``(i) a reduction of not less than 20
percent in water withdrawal and a reduction of
not less than 10 percent of water discharge
when compared to the existing water use at the
site, or
``(ii) a reduction of not less than 10
percent in water withdrawal and a reduction of
not less than 20 percent of water discharge
when compared to the existing water use at the
site.
``(2) Eligible property.--The term `eligible property'
means any property--
``(A) which is part of a qualifying efficient
industrial process water use project and which is
necessary for the reduction in withdrawals or discharge
described in paragraph (1)(B),
``(B)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer, and
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(3) Net energy consumption.--The term `net energy
consumption' means the energy consumed, both on-site and off-
site, with respect to the water described in paragraph (1)(A).
Net energy consumption shall be normalized per unit of
industrial output and measured under rules and procedures
established by the Secretary, in consultation with the
Administrator of the Environmental Protection Agency.
``(4) Water discharge.--The term `water discharge' means
all water leaving the site via permitted or unpermitted surface
water discharges, discharges to publicly owned treatment works,
and shallow- or deep-injection (whether on-site or off-site).
``(5) Water withdrawal.--The term `water withdrawal' means
all water taken for use at the site from on-site ground and
surface water sources together with any water supplied to the
site by a public water system.
``(d) Termination.--This section shall not apply to periods after
December 31, 2014, under rules similar to the rules of section 48(m)
(as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).''.
(c) Conforming Amendments.--
(1) Section 49(a)(1)(C) is amended by striking ``and'' at
the end of clause (iv), by striking the period at the end of
clause (v) and inserting ``, and'', and by adding after clause
(v) the following new clause:
``(vi) the basis of any property which is
part of a qualifying efficient industrial use
water project under section 48D.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 48B the following new item:
``Sec. 48D. Qualifying efficient industrial process water use project
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after January 1, 2011, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Expanding Industrial Energy Efficiency Incentives Act of 2009 - Amends the Internal Revenue Code to: (1) increase megawatt and horsepower capacity limitations for the combined heat and power system property energy tax credit; and (2) allow new tax credits to improve advanced motor system energy efficiency, to replace chlorofluorocarbon (CFC) refrigerant chillers, and for investment in any qualifying efficient industrial process water use project. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions, and for other purposes."} | 3,910 | 89 | 0.506698 | 1.346429 | 1.064647 | 2.68 | 47.04 | 0.893333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Relief Act of 2009''.
SEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.
(a) In General.--The following provisions of the Economic Growth
and Tax Relief Reconciliation Act of 2001, and the amendments made by
such provisions, are hereby repealed:
(1) Subtitles A and E of title V.
(2) Subsection (d), and so much of subsection (f)(3) as
relates to subsection (d), of section 511.
(3) Paragraph (2) of subsection (b), and paragraph (2) of
subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
(b) Sunset Not To Apply.--
(1) Subsection (a) of section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``this Act'' and all that follows and inserting ``this
Act (other than title V) shall not apply to taxable, plan, or
limitation years beginning after December 31, 2010.''.
(2) Subsection (b) of such section 901 is amended by
striking ``, estates, gifts, and transfers''.
SEC. 3. INCREASE IN UNIFIED CREDIT AGAINST THE ESTATE TAX.
(a) In General.--The table in subsection (c) of section 2010 of the
Internal Revenue Code of 1986 (relating to applicable credit amount) is
amended to read as follows:
``In the case of estates of The applicable
decedents dying during: exclusion amount is:
2009......................................... $3,500,000
2010......................................... $3,650,000
2011......................................... $3,800,000
2012......................................... $3,950,000
2013......................................... $4,100,000
2014......................................... $4,250,000
2015......................................... $4,400,000
2016......................................... $4,550,000
2017......................................... $4,700,000
2018......................................... $4,850,000
2019 or thereafter........................... $5,000,000.''.
(b) Inflation Adjustment.--Subsection (c) of section 2010 of such
Code, as amended by subsection (a), is amended--
(1) by striking ``For purposes of this section,'' and
inserting the following:
``(1) In general.--For purposes of this section,'', and
(2) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--In the case of any decedent
dying in a calendar year after 2019, the $5,000,000 amount in
paragraph (1) shall 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 such calendar year,
determined by substituting `2018' for `1992' in
subparagraph (B) thereof.
If any increase determined under the preceding sentence is not
a multiple of $10,000, such increase shall be rounded to the
nearest multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2008.
SEC. 4. COORDINATED REDUCTION IN MAXIMUM RATE OF TAX WITH TERMINATION
OF DEDUCTION FOR STATE DEATH TAXES.
(a) Phasein of Reduction in Maximum Rate.--
(1) In general.--The table in subparagraph (B) of section
2001(c)(2) of the Internal Revenue Code of 1986 (relating to
maximum rate) is amended to read as follows:
``In calendar year: The maximum rate is:
2009......................................... 45 percent
2010......................................... 44 percent
2011......................................... 43 percent
2012......................................... 42 percent
2013......................................... 41 percent
2014......................................... 40 percent
2015......................................... 39 percent
2016......................................... 38 percent
2017......................................... 37 percent
2018......................................... 36 percent
2019 or thereafter........................... 35 percent.''.
(2) Conforming and technical amendments.--
(A) Section 2001(c)(2)(A) of such Code is amended
by striking ``after 2002 and before 2010'' and
inserting ``after 2008''.
(B) Section 2001(c)(2)(A)(ii) of such Code is
amended by striking ``subparagraph (A)'' and inserting
``clause (i)''.
(b) Phaseout of Deduction for State Death Taxes.--Section 2058 of
the Internal Revenue Code of 1986 (relating to deduction for State
death taxes) is amended by adding at the end the following:
``(c) Phaseout.--
``(1) In general.--In the case of estates of decedents
dying in a calendar year beginning after December 31, 2008, the
deduction under subsection (a) shall be equal to the applicable
percentage of the amount which would (but for this subsection)
be the amount of such deduction.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined in
accordance with the following table:
``In the case of taxes paid in The applicable percentage is:
calendar year:
2009......................................... 100 percent
2010......................................... 90 percent
2011......................................... 80 percent
2012......................................... 70 percent
2013......................................... 60 percent
2014......................................... 50 percent
2015......................................... 40 percent
2016......................................... 30 percent
2017......................................... 20 percent
2018......................................... 10 percent
2019 or thereafter........................... 0 percent.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2008. | Estate Tax Relief Act of 2009 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) eliminating the tax on estates and generation-skipping transfers and the step-up in basis provisions for property acquired from a decedent for estates of decedents dying after 2009. Declares that the sunset provision (general terminating date of December 10, 2010) of EGTRRA shall not apply to title V of such Act (Estate, Gift, and Generation-Skipping Transfer Tax Provisions).
Amends the Internal Revenue Code to: (1) allow annual increases in the estate tax exclusion amount until it reaches $5 million in 2019 and inflation adjustments to such amount after 2019; and (2) phase in annual reductions in the estate tax rate between 2009 and 2019 (45% to 35% in 2019 and thereafter) and eliminate the deduction for state estate, inheritance, legacy, or succession taxes over the same period. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the 1-year termination of the estate tax, to increase the estate and gift tax unified credit, and to coordinate a reduction in the maximum rate of tax with a phaseout of the deduction for State death taxes."} | 1,269 | 199 | 0.506251 | 1.438991 | 0.769825 | 1.733333 | 6.355556 | 0.755556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Retirement Reform Act of
1995''.
SEC. 2. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS OF CONGRESS
AND CONGRESSIONAL EMPLOYEES.
(a) Accrual Rates Relating to Members of Congress and Congressional
Employees Under the Federal Employees Retirement System.--Section 8415
of title 5, United States Code, is amended--
(1) by striking out subsections (b) and (c);
(2) in subsections (a) and (g) by inserting ``or Member''
after ``employee'' each place it appears; and
(3) in subsection (g)(2) by striking out ``Congressional
employee''.
(b) Contribution Rates Relating to Members of Congress and
Congressional Employees Under the Federal Employees Retirement
System.--Section 8422(a)(2) of title 5, United States Code, is
amended--
(1) in subparagraph (A) by striking out ``employee (other
than a law enforcement officer, firefighter, air traffic
controller, or Congressional employee)'' and inserting in lieu
thereof ``employee or Member (other than a law enforcement
officer, firefighter, or air traffic controller)''; and
(2) in subparagraph (B)--
(A) by striking out ``a Member,''; and
(B) by striking out ``air traffic controller, or
Congressional employee,'' and inserting in lieu thereof
``or air traffic controller,''.
(c) Administrative Regulations.--The Secretary of the Senate and
the Clerk of the House of Representatives, in consultation with the
Office of Personnel Management, may prescribe regulations to carry out
the provisions of this section and the amendments made by this section
for applicable employees and Members of Congress.
(d) Effective Dates.--
(1) In General.--Except as otherwise provided in this
subsection, the provisions of this section shall take effect on
the date of the enactment of this Act.
(2) Accrual rate; annuity computation.--
(A) General rule.--The amendments made by
subsection (a) shall take effect on the date of the
enactment of this Act and shall apply only with respect
to the computation of an annuity relating to--
(i) the service of a Member of Congress as
a Member or as a Congressional employee
performed on or after January 1, 1997; and
(ii) the service of a Congressional
employee as a Congressional employee performed
on or after January 1, 1997.
(B) Exception.--An annuity shall be computed as
though the amendments made under subsection (a) had not
been enacted with respect to--
(i) the service of a Member of Congress as
a Member or a Congressional employee or
military service performed before January 1,
1997; and
(ii) the service of a Congressional
employee as a Congressional employee or
military service performed before January 1,
1997.
(3) Contribution rates.--The amendments made by subsection
(b) shall take effect on the first day of the first applicable
pay period beginning on or after January 1, 1997.
SEC. 3. INCREASE IN YEARS USED TO DETERMINE AVERAGE PAY.
(a) Definition of Average Pay.--
(1) Civil service retirement system.--Section 8331(4) of
title 5, United States Code, is amended to read as follows:
``(4) `average pay' means--
``(A) with respect to service performed before the
effective date of section 3 of the Federal Retirement
Reform Act of 1995, the largest annual rate resulting
from averaging an employee's or Member's rates of basic
pay in effect over any 3 consecutive years of
creditable service or, in the case of an annuity under
subsection (d) or (e)(1) of section 8341 of this title
based on service of less than 3 years, over the total
service, with each rate weighted by the time it was in
effect; and
``(B) with respect to service performed on and
after the effective date of section 3 of the Federal
Retirement Reform Act of 1995, the largest annual rate
resulting from averaging an employee's or Member's
rates of basic pay in effect over any 5 consecutive
years of creditable service, or, in the case of an
annuity under subsection (d) or (e)(1) of section 8341
of this title based on service of less than 5 years,
over the total service, with each rate weighted by the
time it was in effect.''.
(2) Federal employee retirement system.--Section 8401(3) of
title 5, United States Code, is amended to read as follows:
``(3) the term `average pay' means--
``(A) with respect to service performed before the
effective date of section 3 of the Federal Retirement
Reform Act of 1995, the largest annual rate resulting
from averaging an employee's or Member's rates of basic
pay in effect over any 3 consecutive years of service
or, in the case of an annuity under this chapter based
on service of less than 3 years, over the total
service, with each rate weighted by the period it was
in effect; and
``(B) with respect to service performed on and
after the effective date of section 3 of the Federal
Retirement Reform Act of 1995, the largest annual rate
resulting from averaging an employee's or Member's
rates of basic pay in effect over any 5 consecutive
years of service, or, in the case of an annuity under
this chapter based on service of less than 5 years,
over the total service, with each rate weighted by the
period it was in effect.''.
(b) Application Clarification.--
(1) Civil service retirement system.--In computing an
annuity under any provision of chapter 83 of title 5, United
States Code, the product resulting from using average pay
determined under section 8331(4)(A) of such title in accordance
with such applicable provision of such chapter, shall be added
to the product resulting from using average pay determined
under section 8331(4)(B) of such title.
(2) Federal employee retirement system.--In computing an
annuity under any provision of chapter 84 of title 5, United
States Code, the product resulting from using average pay
determined under section 8401(3)(A) of such title in accordance
with such applicable provision of such chapter, shall be added
to the product resulting from using average pay determined
under section 8401(3)(B) of such title.
(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out the provisions of this section.
(d) Effective Date.--This section shall take effect on January 1,
1996.
SEC. 4. REDUCTION IN ACCRUAL RATES.
(a) Civil Service Retirement System.--Section 8339 of title 5,
United States Code, is amended to read as follows:
``Sec. 8339. Computation of annuity
``(a)(1) Except as otherwise provided by this section, the annuity
of an employee retiring under this subchapter is--
``(A) with respect to service performed before January 1,
1996--
``(i) 1\1/2\ percent of his average pay multiplied
by so much of his total service as does not exceed 5
years; plus
``(ii) 1\3/4\ percent of his average pay multiplied
by so much of his total service as exceeds 5 years but
does not exceed 10 years; plus
``(iii) 2 percent of his average pay multiplied by
so much of his total service as exceeds 10 years; plus
``(B) with respect to service performed on or after January
1, 1996--
``(i) 1.4 percent of his average pay multiplied by
so much of his total service as does not exceed 5
years; plus
``(ii) 1.65 percent of his average pay multiplied
by so much of his total service as exceeds 5 years but
does not exceed 10 years; plus
``(iii) 1.9 percent of his average pay multiplied
by so much of his total service as exceeds 10 years.
``(2) Notwithstanding paragraph (1), when it results in a larger
annuity--
``(A) 1 percent of the average pay of an employee plus $25
is substituted for the percentage specified under paragraph
(1)(A) (i), (ii), or (iii), or any combination thereof; and
``(B) .9 percent of the average pay of the employee plus
$25 is substituted for the percentage specified under paragraph
(1)(B) (i), (ii), or (iii), or any combination thereof.''.
(b) Federal Employees Retirement System.--Section 8415 of title 5,
United States Code (as amended by section 2(a) of this Act) is further
amended--
(1) in subsection (a) by striking out ``1 percent of that
individual's average pay multiplied by such individual's total
service.'' and inserting in lieu thereof a dash and the
following:
``(1) 1 percent of that individual's average pay multiplied
by such individual's service performed before January 1, 1996;
plus
``(2) .9 percent of that individual's average pay
multiplied by such individual's service performed on or after
January 1, 1996.''; and
(2) in subsection (g)(1) by inserting before the period
``or .9 percent, as applicable''. | Federal Retirement Reform Act of 1995 - Revises the Civil Service Retirement System and the Federal Employees' Retirement System (FERS) with regard to years for determining average pay and accrual rates for annuity computation, including, under FERS, changes in the accrual and contribution rates relating to Members of Congress and congressional employees. | {"src": "billsum_train", "title": "Federal Retirement Reform Act of 1995"} | 2,141 | 72 | 0.585994 | 1.332335 | 0.94794 | 2.542373 | 32.779661 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Fairness
Act of 1996''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(y)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
SECTION 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR
MONTH OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of such Act
(42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of such Act
(42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which any of the
following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with whichever of the following months is the earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of such Act
(42 U.S.C. 403 is amended by adding at the end the following new
subsection:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any benefit
of an individual under section 202, 223, or 228 for the month in which
such individual dies.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 180 days after the date of the enactment of this Act. | Social Security Benefits Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month. | {"src": "billsum_train", "title": "Social Security Benefits Fairness Act of 1996"} | 2,188 | 87 | 0.58595 | 1.42124 | 0.274655 | 2 | 26.791045 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyberspace Warriors Act of 2011''.
SEC. 2. STUDY ON THE RECRUITMENT, RETENTION AND DEVELOPMENT OF
CYBERSPACE EXPERTS.
(a) Study.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent entity to conduct a study
examining the availability of personnel for Department of
Defense defensive and offensive cyberspace operations,
identifying any gaps in meeting personnel needs, and
recommending available mechanisms to fill such gaps, including
permanent and temporary positions.
(2) Qualifications of organization selected.--The entity
selected to carry out the study under paragraph (1) shall
include experts with a demonstrated expertise in the fields of
national security and human capital development across the
various military services, encompassing active and reserve
component issues, previous experience in conducting research on
cyberspace personnel issues, policies, and strategies,
knowledge of cybersecurity, including in the private sector,
and on the basis of such other criteria as the Secretary of
Defense may determine.
(3) Access to information.--The Secretary of Defense shall
ensure that the entity conducting the study required under
paragraph (1) has access to all necessary data, records,
analysis, personnel, and other resources necessary to complete
the study.
(b) Report.--
(1) In general.--Not later than one year after entering
into a contract with an independent entity under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the study
conducted under such subsection.
(2) Matters to be covered.--The report required under
paragraph (1) shall include the following elements:
(A) A statement of capabilities and number of
cyberspace operations personnel required to meet the
defensive and offensive cyberspace operation
requirements of the Department of Defense.
(B) An assessment of the sufficiency of the numbers
and types of personnel available for cyberspace
operations, including an assessment of the balance of
military personnel, Department of Defense civilian
employees, and contractor positions, and the
availability of personnel with expertise in matters
related to cyberspace operations from outside of the
Department of Defense.
(C) A description of the obstacles to adequate
recruitment and retention of such personnel.
(D) An exploration of the various recruiting,
training, and affiliation mechanisms, such as the
reserve components, including the individual ready
reserves, the civilian expeditionary workforce,
corporate and university partnerships, the Reserve
Officers' Training Corps, and civilian auxiliaries to
address challenges to recruitment, retention, and
training.
(E) A description of incentives that enable and
encourage individuals with cyber skills from outside
the Department of Defense to affiliate with the Armed
Forces and civilian employees of the Department of
Defense through other types of service agreements, as
well as obstacles that discourage cyberspace experts
and the Department of Defense from implementing new
organizational constructs.
(F) Identification of legal, policy, or
administrative impediments to attracting and retaining
cyberspace operations personnel.
(G) Recommendations for legislative or policy
changes necessary to increase the availability of
cyberspace operations personnel.
(c) Submission of Comments.--Not later than 90 days after the
Secretary of Defense submits the report required under subsection (b),
the Secretary of Defense and the Secretaries of each of the military
departments shall submit to the congressional defense committees
comments on the findings and recommendations contained in the report.
(d) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the Committees on
Armed Services and Appropriations of the Senate and the House
of Representatives.
(2) Cyberspace operations personnel.--The term ``cyberspace
operations personnel'' refers to members of the Armed Forces
and civilian employees of the Department of Defense involved
with the operations and maintenance of a computer network
connected to the global information grid, as well as offensive,
defensive, and exploitation functions of such a network.
(3) Military departments.--The term ``military
departments'' has the meaning given the term in section 101 of
title 10, United States Code. | Cyberspace Warriors Act of 2011 - Directs the Secretary of Defense to contract with an independent entity to study the availability of personnel for Department of Defense (DOD) defensive and offensive cyberspace operations, identifying any gaps in meeting personnel needs, and recommending available mechanisms to fill such gaps, including permanent and temporary positions.
Requires the Secretary to submit a report to Congress on the results of the study including: (1) a statement of capabilities and number of cyberspace operations personnel required to meet DOD defensive and offensive cyberspace operation requirements; (2) an assessment of the sufficiency of the numbers and types of personnel available for cyberspace operations, including the balance of military personnel, DOD civilian employees, contractor positions, and non-DOD personnel with cyberspace operations expertise; (3) an exploration of recruitment and retention obstacles and mechanisms and a description of incentives encouraging individuals from outside the DOD to affiliate with the Armed Forces and civilian DOD employees; and (4) identification of legal, policy, or administrative impediments including recommendations for legislative or policy changes.
Defines "cyberspace operations personnel" as members of the Armed Forces and civilian DOD employees involved with the operations and maintenance of a computer network connected to the global information grid, as well as offensive, defensive, and exploitation functions of such a network. | {"src": "billsum_train", "title": "A bill to require a study on the recruitment, retention, and development of cyberspace experts."} | 894 | 281 | 0.737119 | 2.370898 | 0.870003 | 4.987952 | 3.453815 | 0.915663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Protection Act
of 2008''.
SEC. 2. MEDICARE PLAN COMPLAINT SYSTEM.
(a) System.--Section 1808 of the Social Security Act (42 U.S.C.
1395b-9) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)(iii), by striking
``adjustment; and'' and inserting ``adjustment);'';
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) develop and maintain the plan complaint
system under subsection (d).''; and
(2) by adding at the end the following new subsection:
``(d) Plan Complaint System.--
``(1) System.--
``(A) In general.--The Secretary shall develop and
maintain a plan complaint system, (in this subsection
referred to as the `system') to--
``(i) collect and maintain information on
plan complaints;
``(ii) track plan complaints from the date
the complaint is logged into the system through
the date the complaint is resolved; and
``(iii) otherwise improve the process for
reporting plan complaints.
``(B) Timeframe.--The Secretary shall have the
system in place by not later than the date that is 6
months after the date of enactment of this subsection.
``(C) Plan complaint defined.--In this subsection,
the term `plan complaint' means a complaint that is
received (including by telephone, letter, e-mail, or
any other means) by the Secretary (including by a
regional office or the Medicare Beneficiary Ombudsman)
from a Medicare Advantage eligible individual or a Part
D eligible individual (or an individual representing
such an individual) regarding Medicare Advantage
organizations, Medicare Advantage plans, prescription
drug plan sponsors, or prescription drug plans,
including complaints relating to marketing, enrollment,
covered drugs, premiums and cost-sharing, and
participating providers.
``(2) Process criteria.--In developing the system, the
Secretary shall establish a process for reporting plan
complaints. Such process shall meet the following criteria:
``(A) Accessible.--The process is widely known and
easy to use.
``(B) Investigative capacity.--The process involves
the appropriate experts, resources, and methods to
assess complaints and determine whether they reflect an
underlying pattern.
``(C) Intervention and follow-through.--The process
triggers appropriate interventions and monitoring based
on substantiated complaints.
``(D) Quality improvement orientation.--The process
guides quality improvement.
``(E) Responsiveness.--The process routinely
provides consistent, clear, and substantive responses
to complaints.
``(F) Timelines.--Each process step is completed
within a reasonable, established time frame, and
mechanisms exist to deal quickly with complaints of an
emergency nature requiring immediate attention.
``(G) Objective.--The process is unbiased,
balancing the rights of each party.
``(H) Public accountability.--The process makes
complaint information available to the public.
``(3) Standard data reporting requirements.--
``(A) In general.--The Secretary shall establish
standard data reporting requirements for reporting plan
complaints under the system.
``(B) Model electronic complaint form.--The
Secretary shall develop a model electronic complaint
form to be used for reporting plan complaints under the
system. Such form shall be prominently displayed on the
front page of the Medicare.gov Internet website and on
the Internet website of the Medicare Beneficiary
Ombudsman.
``(4) All complaints required to be logged into the
system.--Every plan complaint shall be logged into the system.
``(5) Casework notations.--The system shall provide for the
inclusion of any casework notations throughout the complaint
process on the record of a plan complaint.
``(6) Medicare beneficiary ombudsman.--The Secretary shall
carry out this subsection acting through the Medicare
Beneficiary Ombudsman.''.
(b) Funding.--There are authorized to be appropriated such sums as
may be necessary for the costs of carrying out section 1808(d) of the
Social Security Act, as added by subsection (a).
(c) Reports.--
(1) Secretary.--
(A) Ongoing study.--The Medicare Beneficiary
Ombudsman (under subsection (c) of section 1808) of the
Social Security Act (42 U.S.C. 1395b-9) shall conduct
an ongoing study of the plan complaint system
established under subsection (d) of such section (as
added by subsection (a)), in this subsection referred
to as the ``system''. Such study shall include an
analysis of--
(i) the numbers and types of complaints
reported under the system;
(ii) geographic variations in such
complaints;
(iii) the timeliness of agency or plan
responses to such complaints; and
(iv) the resolution of such complaints.
(B) Quarterly reports.--Not later than 6 months
after the implementation of the system, and every 3
months thereafter, the Secretary of Health and Human
Services shall submit to Congress a report on the study
conducted under subparagraph (A), together with
recommendations for such legislation and administrative
actions as the Secretary determines appropriate.
(2) Inspector general.--The Inspector General of the
Department of Health and Human Services shall conduct an
evaluation of the system. Not later than 1 year after the
implementation of the system, the Inspector General shall
submit to Congress a report on such evaluation, together with
recommendations for such legislation and administrative actions
as the Inspector General determines appropriate.
SEC. 3. REQUIREMENT FOR NON-NETWORK MEDICARE ADVANTAGE PRIVATE FEE-FOR-
SERVICE PLANS TO DISCLOSE PROVIDERS THAT REFUSE TO ACCEPT
ENROLLEES IN THE PLAN.
(a) In General.--Section 1852(c)(1) of the Social Security Act (42
U.S.C. 1395w-22(c)(1)) is amended is amended by adding at the end the
following new subparagraph:
``(J) In the case of a Medicare Advantage private
fee-for-service plan that meets the access standards
under subsection (d)(4), in whole or in part, through
the establishment of payment rates meeting the
requirements under subparagraph (A) of such subsection
rather than through entering into written contracts as
provided for under subparagraph (B) of such subsection,
a list of providers in the service area of the plan
who, during the previous 12 months, have refused to
accept enrollees in the plan pursuant to the deeming
provisions under subsection (j)(6).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of enactment of
this Act.
SEC. 4. PROHIBITION ON PROVIDING CERTAIN INDUCEMENTS AND ON COLD-
CALLING, CROSS-SELLING, AND UP-SELLING IN THE MARKETING
OF MA PLANS AND PRESCRIPTION DRUG PLANS.
(a) Medicare Advantage Program.--Section 1851(h)(4) of the Social
Security Act (42 U.S.C. 1395w-21(h)(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or provide for meals or other
items of monetary value'' after ``rebates''; and
(B) by striking ``, and'' at the end and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) shall not permit a Medicare Advantage
organization to--
``(i) market enrollment in a Medicare
Advantage plan by telemarketing or in-home
solicitation,
``(ii) engage in the cross-selling of non-
Medicare products or services with products or
services offered by a Medicare Advantage plan;
or
``(iii) engage in up-selling from
prescription drug plans under part D to
Medicare Advantage plans,
except that in no case shall the prohibitions under
this subparagraph be construed as prohibiting such
telemarketing, in-home solicitation, cross-selling, or
up-selling that is conducted at the request of the
individual.''.
(b) Medicare Prescription Drug Program.--Section 1860D-4 of the
Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the
end the following new subsection:
``(l) Prohibition on Certain Marketing Practices.--The limitations
on marketing practices under section 1851(h)(4)(C) shall apply to a PDP
sponsor and a prescription drug plan in the same manner as such
limitations apply to Medicare Advantage organizations and Medicare
Advantage plans.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of enactment of this
Act.
SEC. 5. ENROLLMENT IMPROVEMENTS UNDER MEDICARE PARTS C AND D.
(a) Special Election Period During First 60 Days of Enrollment in a
New Plan.--
(1) In general.--Section 1851(e)(4) of the Social Security
Act (42 U.S.C. 1395w(e)(4)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) the individual has been enrolled in such plan
for fewer than 60 days; or''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 90 days after the date of
enactment of this Act.
(b) Extension of the Annual, Coordinated Election Period.--
(1) In general.--Section 1851(e)(3)(B)(iv) of the Social
Security Act (42 U.S.C. 1395w-1(e)(3)(B)(iv)) is amended by
striking ``November 15'' and inserting ``October 1''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to annual, coordinated election periods beginning
after the date of enactment of this Act.
(c) Coordination Under Parts C and D of the Continuous Open
Enrollment and Disenrollment Period for the First 3 Months of the
Year.--
(1) In general.--Section 1860D-1(b)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is
amended by striking ``, (C),''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2009. | Medicare Beneficiary Protection Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to develop and maintain a Medicare plan complaint system.
Requires non-network Medicare Advantage private fee-for-service plans to disclose providers that refuse to accept certain enrollees in the plan.
Prohibits certain marketing practices with respect to Medicare Advantage plans and prescription drug plans, including provision for meals or other items of monetary value, telemarketing, cross-selling, and up-selling.
Revises enrollment requirements under Medicare parts C (Medicare+Choice) and D (Voluntary Prescription Drugs). Allows an individual to discontinue an election of a Medicare+Choice plan if enrolled fewer than 60 days. Changes the beginning date of the annual, coordinated election period for such a plan from November 15 to October 1.
Requires the Secretary, in establishing a process for the enrollment, disenrollment, termination, and change of enrollment of part D eligible individuals in prescription drug plans, to use rules similar to (and coordinated with) those under the Medicare+Choice program for a continuous open enrollment and disenrollment period for the first three months of the year in which an individual first becomes eligible. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to enhance beneficiary protections under parts C and D of the Medicare program."} | 2,539 | 287 | 0.490333 | 1.388173 | 0.76506 | 3 | 9.277056 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Monoxide Treated Meat,
Poultry, and Seafood Safe Handling, Labeling, and Consumer Protection
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is well documented in the published literature that
consumers rely heavily on color to evaluate the freshness of
meat, poultry and seafood products.
(2) The Secretary of Health and Human Services has accepted
the use of carbon monoxide in modified atmosphere packaging for
fresh beef and pork to help maintain the characteristic red
color of fresh meat.
(3) The Secretary of Health and Human Services has allowed
the use of carbon monoxide under conditions that affect the
color of case-ready fresh cuts of poultry and ground poultry.
(4) The Secretary of Health and Human Services has accepted
the use of carbon monoxide for use on raw tuna, before it is
frozen, to preserve its taste, aroma, texture, and color.
(5) Carbon monoxide reacts with myoglobin in fresh meat,
poultry, and seafood, to form carboxymyoglobin that simulates
the color that consumers associate with freshness and safety in
fresh meat, poultry and seafood.
(6) The color imparted by carbon monoxide persists in meat,
poultry and seafood packaged with carbon monoxide regardless of
the age of the meat, poultry, or seafood, its microbial count,
or whether it has been exposed to temperature abuse, and the
browning consumers have come to associate with meat, poultry or
seafood that may not be fit to consume will not occur.
(7) Congressional investigators recently reported that at
the port of San Francisco, California, a significant proportion
of the seafood products offered for import have been treated
with carbon monoxide to affect the color so as to give the
appearance of freshness, yet twenty percent of the carbon
monoxide-treated seafood has been refused entry as decomposed.
(8) It is well documented in the published literature that
ideal temperature control is not consistently maintained in the
course of distribution, storage, and retail and consumer
handling of fresh meat, poultry, and seafood products, and that
serious microbial stability problems exist because of the
frequency of temperature abuse.
(9) The use of carbon monoxide under conditions affecting
the color of meat, poultry, and seafood products is not
currently required to be labeled with adequate information and
warnings such that consumers have no way of knowing that they
cannot rely on color to judge the freshness and safety of meat,
poultry, and seafood products packaged with carbon monoxide.
(10) Date labeling is not adequate to overcome the loss to
consumers of color as a key freshness and safety indicator, and
such date labeling becomes irrelevant once meat, poultry, or
seafood has been subjected to temperature abuse or frozen and
subsequently defrosted.
(11) The amendments made by this Act are necessary to
prevent consumer deception and serious risks to the public
health from foodborne illness that may occur if consumers
purchase and consume meat, poultry, or seafood products that
have become spoiled or otherwise unfit for consumption, where
consumers were led to think the meat, poultry, or seafood was
fresh and safe based upon its color. The amendments will
benefit in particular the elderly and other vulnerable
subpopulations whose sense of smell may be compromised and who
cannot rely on odor as an indicator of spoilage, and others who
may be particularly susceptible to illness from consumption of
meat, poultry, or seafood products that have spoiled.
SEC. 3. LABELING REQUIREMENTS FOR MEAT, POULTRY PRODUCTS, AND SEAFOOD
THAT CONTAIN CARBON MONOXIDE.
(a) In General.--Subsection (t) of section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(t)) is amended by adding at the
end the following new paragraph:
``(4) In the case of food that is meat within the meaning
of the Federal Meat Inspection Act, a poultry product within
the meaning of the Poultry Products Inspection Act, or seafood
(including all fresh or saltwater finfish, molluscan shellfish,
crustaceans, and other forms of aquatic animal life) intended
for human consumption as food within the meaning of section
201(f) of this Act (referred to collectively in this subsection
as `seafood'), the term `color additive' shall include carbon
monoxide under conditions of use that may impart, maintain,
preserve, stabilize, fix, or otherwise affect the color of
fresh meat, poultry products, or seafood, unless the label of
such food bears, prominently and conspicuously in such place
and in such manner as to render it likely to be read and
understood by the ordinary person, the following statement to
prevent consumer deception and serious risks to the public
health: `SAFETY NOTICE: Carbon monoxide has been used to
preserve the color of this product. Do not rely on color or the
``use or freeze by'' date alone to judge the freshness or
safety of the product. Discard any product with an unpleasant
odor, slime, or a bulging package.'''.
(b) Effective Date.--The amendment made by this section shall apply
to food labeled on or after the date that is 30 days after the date of
the enactment of this Act.
SEC. 4. DISCRETIONARY AUTHORITY.
If, not earlier than five years after the effective date of section
3 of this Act, the Secretary of Health and Human Services finds, based
on competent and reliable scientific evidence, that the statement
prescribed in section 201(t)(4) of the Federal Food, Drug, and Cosmetic
Act is no longer required to prevent consumer deception and other
harms, then the Secretary is authorized to issue regulations
establishing alternative labeling requirements that are shown to be
adequate and effective in preventing consumer deception and other harms
related to the conditions of use of carbon monoxide, including with
respect to preventing any consumer deception or other harm that may
result from the actual conditions of carbon monoxide use and its
potential to impart a persistent color to meat, poultry products, or
seafood described in such section through a reaction with natural
pigment. | Carbon Monoxide Treated Meat, Poultry, and Seafood Safe Handling, Labeling, and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to make changes to the definition of "color additive" to include carbon monoxide that may impart, maintain, preserve, stabilize, fix, or otherwise affect the color of fresh meat, poultry products, or seafood, unless the label of such food bears, prominently and conspicuously, a specified statement that advises consumers: (1) that carbon monoxide has been used to preserve the color of the product; (2) not to rely on the color or the "use or freeze by" date alone to judge the freshness or safety of the product; and (3) to discard any product with an unpleasant odor, slime, or a bulging package.
Authorizes the Secretary of Health and Human Services to establish alternative labeling requirements, not earlier than five years after the effective date of this Act, if: (1) such statement is no longer required to prevent consumer deception and other harms; and (2) such alternative requirements are shown to be adequate and effective in preventing consumer deception and other harms related to the conditions of use of carbon monoxide. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide restrictions on the use of carbon monoxide in meat, poultry, and seafood, and for other purposes."} | 1,351 | 265 | 0.604161 | 2.018206 | 0.759463 | 6.286325 | 5.358974 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Trafficking Vessel Interdiction
Act of 2008''.
SEC. 2. FINDINGS AND DECLARATIONS.
Congress finds and declares that operating or embarking in a
submersible or semi-submersible vessel without nationality and on an
international voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism, and
presents a specific threat to the safety of maritime navigation and the
security of the United States.
SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT
NATIONALITY.
(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:
``SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.
``(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible or
semi-submersible vessel that is without nationality and that is
navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
``(b) Definitions.--In this section--
``(1) the term `submersible vessel' means a watercraft that
is capable of operating completely below the surface of the
water, and includes manned and unmanned watercraft;
``(2) the term `semi-submersible vessel' means any
watercraft constructed or adapted to be capable of operating
with most of its hull and bulk under the surface of the water,
and includes manned or unmanned watercraft;
``(3) the term `vessel without nationality' has the same
meaning given that term in section 70502(d) of title 46;
``(4) the term `evade detection' includes the indicia set
forth in section 70507(b)(1)(A), (E), (F), (G), (b)(4), (5),
and (6) of title 46; and
``(5) the term `vessel of the United States' has the same
meaning given that term in section 70502(b) of title 46.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
``(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
``(2) flying its nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
``(e) Affirmative Defenses.--
``(1) In general.--It is an affirmative defense to a
prosecution for a violation of this section, which the
defendant has the burden to prove by a preponderance of the
evidence, that any submersible or semi-submersible vessel that
the defendant operated by any means or embarked in at the time
of the offense--
``(A) was a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
``(B) was classed by and designed in accordance
with the rules of a classification society;
``(C) was lawfully operated in government-regulated
or licensed activity, including commerce, research, or
exploration; or
``(D) was equipped with and using an operable
automatic identification system, vessel monitoring
system, or a long range identification and tracking
system.
``(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
``(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
``(f) Federal Activities.--Nothing in this section applies to
lawfully authorized activities carried out by or at the direction of
the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to this section.''
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 18, United States Code, is amended by adding at
the end the following new item:
``2285. Operation of submersible or semi-submersible vessel without
nationality.''.
SEC. 4. SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible or semi-submersible vessel as defined in section
2285 of title 18, United States Code.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense described
in section 2285 of title 18, United States Code, and the need
for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible or semi-submersible
vessels described in section 2285 of title 18, United
States Code, to facilitate other felonies;
(B) the repeated use of a submersible or semi-
submersible vessel described in section 2285 of title
18, United States Code, to facilitate other felonies,
including whether such use is part of an ongoing
commercial organization or enterprise;
(C) whether the use of such a vessel involves a
pattern of continued and flagrant violations of section
2285 of title 18, United States Code;
(D) whether the persons operating or embarking in a
submersible or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) provide sentencing
enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.
Passed the House of Representatives July 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or embarking in any submersible or semisubmersible vessel that is without nationality and that is navigating in, or has navigated into, through, or from, waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection. Grants extraterritorial federal jurisdiction over violations of this Act.
Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government-regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense.
Directs the U.S. Sentencing Commission to promulgate or amend existing guidelines to provide adequate penalties for violations of this Act. | {"src": "billsum_train", "title": "To enhance drug trafficking interdiction by creating a Federal felony relating to operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage."} | 1,746 | 287 | 0.627954 | 1.814744 | 0.745868 | 4.523605 | 6.536481 | 0.927039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bone Marrow Registry
Reauthorization Act of 1998''.
SEC. 2. REAUTHORIZATION.
(a) Establishment of Registry.--Section 379(a) of the Public Health
Service Act (42 U.S.C. 274k(a)) is amended--
(1) by striking ``(referred to in this part as the `Registry')
that meets'' and inserting ``(referred to in this part as the
`Registry') that has the purpose of increasing the number of
transplants for recipients suitably matched to biologically
unrelated donors of bone marrow, and that meets'';
(2) by striking ``under the direction of a board of directors
that shall include representatives of'' and all that follows and
inserting the following: ``under the direction of a board of
directors meeting the following requirements:
``(1) Each member of the board shall serve for a term of 2
years, and each such member may serve as many as 3 consecutive 2-
year terms, except that such limitations shall not apply to the
Chair of the board (or the Chair-elect) or to the member of the
board who most recently served as the Chair.
``(2) A member of the board may continue to serve after the
expiration of the term of such member until a successor is
appointed.
``(3) In order to ensure the continuity of the board, the board
shall be appointed so that each year the terms of approximately
one-third of the members of the board expire.
``(4) The membership of the board shall include representatives
of marrow donor centers and marrow transplant centers; recipients
of a bone marrow transplant; persons who require or have required
such a transplant; family members of such a recipient or family
members of a patient who has requested the assistance of the
Registry in searching for an unrelated donor of bone marrow;
persons with expertise in the social sciences; and members of the
general public; and in addition nonvoting representatives from the
Naval Medical Research and Development Command and from the
Division of Organ Transplantation of the Health Resources and
Services Administration.''.
(b) Program for Unrelated Marrow Transplants.--
(1) In general.--Section 379(b) of the Public Health Service
Act (42 U.S.C. 274k(b)) is amended by redesignating paragraph (7)
as paragraph (8), and by striking paragraphs (2) through (6) and
inserting the following:
``(2) carry out a program for the recruitment of bone marrow
donors in accordance with subsection (c), including with respect to
increasing the representation of racial and ethnic minority groups
(including persons of mixed ancestry) in the enrollment of the
Registry;
``(3) carry out informational and educational activities in
accordance with subsection (c);
``(4) annually update information to account for changes in the
status of individuals as potential donors of bone marrow;
``(5) provide for a system of patient advocacy through the
office established under subsection (d);
``(6) provide case management services for any potential donor
of bone marrow to whom the Registry has provided a notice that the
potential donor may be suitably matched to a particular patient
(which services shall be provided through a mechanism other than
the system of patient advocacy under subsection (d)), and conduct
surveys of donors and potential donors to determine the extent of
satisfaction with such services and to identify ways in which the
services can be improved;
``(7) with respect to searches for unrelated donors of bone
marrow that are conducted through the system under paragraph (1),
collect and analyze and publish data on the number and percentage
of patients at each of the various stages of the search process,
including data regarding the furthest stage reached; the number and
percentage of patients who are unable to complete the search
process, and the reasons underlying such circumstances; and
comparisons of transplant centers regarding search and other costs
that prior to transplantation are charged to patients by transplant
centers; and''.
(2) Report of inspector general; plan regarding relationship
between registry and donor centers.--The Secretary of Health and
Human Services shall ensure that, not later than 1 year after the
date of the enactment of this Act, the National Bone Marrow Donor
Registry (under section 379 of the Public Health Service Act)
develops, evaluates, and implements a plan to effectuate
efficiencies in the relationship between such Registry and donor
centers. The plan shall incorporate, to the extent practicable, the
findings and recommendations made in the inspection conducted by
the Office of the Inspector General (Department of Health and Human
Services) as of January 1997 and known as the Bone Marrow Program
Inspection.
(c) Program for Information and Education.--Section 379 of the
Public Health Service Act (42 U.S.C. 274k) is amended by striking
subsection (j), by redesignating subsections (c) through (i) as
subsections (e) through (k), respectively, and by inserting after
subsection (b) the following subsection:
``(c) Recruitment; Priorities; Information and Education.--
``(1) Recruitment; priorities.--The Registry shall carry out a
program for the recruitment of bone marrow donors. Such program
shall identify populations that are underrepresented among
potential donors enrolled with the Registry. In the case of
populations that are identified under the preceding sentence:
``(A) The Registry shall give priority to carrying out
activities under this part to increase representation for such
populations in order to enable a member of such a population,
to the extent practicable, to have a probability of finding a
suitable unrelated donor that is comparable to the probability
that an individual who is not a member of an underrepresented
population would have.
``(B) The Registry shall consider racial and ethnic
minority groups (including persons of mixed ancestry) to be
populations that have been identified for purposes of this
paragraph, and shall carry out subparagraph (A) with respect to
such populations.
``(2) Information and education regarding recruitment; testing
and enrollment.--
``(A) In general.--In carrying out the program under
paragraph (1), the Registry shall carry out informational and
educational activities for purposes of recruiting individuals
to serve as donors of bone marrow, and shall test and enroll
with the Registry potential donors. Such information and
educational activities shall include the following:
``(i) Making information available to the general
public, including information describing the needs of
patients with respect to donors of bone marrow.
``(ii) Educating and providing information to
individuals who are willing to serve as potential donors,
including providing updates.
``(iii) Training individuals in requesting individuals
to serve as potential donors.
``(B) Priorities.--In carrying out informational and
educational activities under subparagraph (A), the Registry
shall give priority to recruiting individuals to serve as
donors of bone marrow for populations that are identified under
paragraph (1).
``(3) Transplantation as treatment option.--In addition to
activities regarding recruitment, the program under paragraph (1)
shall provide information to physicians, other health care
professionals, and the public regarding the availability, as a
potential treatment option, of receiving a transplant of bone
marrow from an unrelated donor.''.
(d) Patient Advocacy and Case Management.--Section 379 of the
Public Health Service Act (42 U.S.C. 274k), as amended by subsection
(c) of this section, is amended by inserting after subsection (c) the
following subsection:
``(d) Patient Advocacy; Case Management.--
``(1) In general.--The Registry shall establish and maintain an
office of patient advocacy (in this subsection referred to as the
`Office').
``(2) General functions.--The Office shall meet the following
requirements:
``(A) The Office shall be headed by a director.
``(B) The Office shall operate a system for patient
advocacy, which shall be separate from mechanisms for donor
advocacy, and which shall serve patients for whom the Registry
is conducting, or has been requested to conduct, a search for
an unrelated donor of bone marrow.
``(C) In the case of such a patient, the Office shall serve
as an advocate for the patient by directly providing to the
patient (or family members, physicians, or other individuals
acting on behalf of the patient) individualized services with
respect to efficiently utilizing the system under subsection
(b)(1) to conduct an ongoing search for a donor.
``(D) In carrying out subparagraph (C), the Office shall
monitor the system under subsection (b)(1) to determine whether
the search needs of the patient involved are being met,
including with respect to the following:
``(i) Periodically providing to the patient (or an
individual acting on behalf of the patient) information
regarding donors who are suitability matched to the
patient, and other information regarding the progress being
made in the search.
``(ii) Informing the patient (or such other individual)
if the search has been interrupted or discontinued.
``(iii) Identifying and resolving problems in the
search, to the extent practicable.
``(E) In carrying out subparagraph (C), the Office shall
monitor the system under subsection (b)(1) to determine whether
the Registry, donor centers, transplant centers, and other
entities participating in the Registry program are complying
with standards issued under subsection (e)(4) for the system
for patient advocacy under this subsection.
``(F) The Office shall ensure that the following data are
made available to patients:
``(i) The resources available through the Registry.
``(ii) A comparison of transplant centers regarding
search and other costs that prior to transplantation are
charged to patients by transplant centers.
``(iii) A list of donor registries, transplant centers,
and other entities that meet the applicable standards,
criteria, and procedures under subsection (e).
``(iv) The posttransplant outcomes for individual
transplant centers.
``(v) Such other information as the Registry determines
to be appropriate.
``(G) The Office shall conduct surveys of patients (or
family members, physicians, or other individuals acting on
behalf of patients) to determine the extent of satisfaction
with the system for patient advocacy under this subsection, and
to identify ways in which the system can be improved.
``(3) Case management.--
``(A) In general.--In serving as an advocate for a patient
under paragraph (2), the Office shall provide individualized
case management services directly to the patient (or family
members, physicians, or other individuals acting on behalf of
the patient), including--
``(i) individualized case assessment; and
``(ii) the functions described in paragraph (2)(D)
(relating to progress in the search process).
``(B) Postsearch functions.--In addition to the case
management services described in paragraph (1) for patients,
the Office may, on behalf of patients who have completed the
search for an unrelated donor, provide information and
education on the process of receiving a transplant of bone
marrow, including the posttransplant process.''.
(e) Criteria, Standards, and Procedures.--Section 379(e) of the
Public Health Service Act (42 U.S.C. 274k), as redesignated by
subsection (c) of this section, is amended by striking paragraph (4)
and inserting the following:
``(4) standards for the system for patient advocacy operated
under subsection (d), including standards requiring the provision
of appropriate information (at the start of the search process and
throughout the process) to patients and their families and
physicians;''.
(f) Report.--Section 379 of the Public Health Service Act, as
amended by subsection (c) of this section, is amended by adding at the
end the following subsection:
``(l) Annual Report Regarding Pretransplant Costs.--The Registry
shall annually submit to the Secretary the data collected under
subsection (b)(7) on comparisons of transplant centers regarding search
and other costs that prior to transplantation are charged to patients
by transplant centers. The data shall be submitted to the Secretary
through inclusion in the annual report required in section 379A(c).''.
(g) Conforming Amendments.--Section 379 of the Public Health
Service Act, as amended by subsection (c) of this section, is amended--
(1) in subsection (f), by striking ``subsection (c)'' and
inserting ``subsection (e)''; and
(2) in subsection (k), by striking ``subsection (c)(5)(A)'' and
inserting ``subsection (e)(5)(A)'' and by striking ``subsection
(c)(5)(B)'' and inserting ``subsection (e)(5)(B)''.
SEC. 3. RECIPIENT REGISTRY.
Part I of title III of the Public Health Service Act (42 U.S.C.
274k et seq.) is amended by striking section 379A and inserting the
following:
``SEC. 379A. BONE MARROW SCIENTIFIC REGISTRY.
``(a) Establishment of Recipient Registry.--The Secretary, acting
through the Registry under section 379 (in this section referred to as
the `Registry'), shall establish and maintain a scientific registry of
information relating to patients who have been recipients of a
transplant of bone marrow from a biologically unrelated donor.
``(b) Information.--The scientific registry under subsection (a)
shall include information with respect to patients described in
subsection (a), transplant procedures, and such other information as
the Secretary determines to be appropriate to conduct an ongoing
evaluation of the scientific and clinical status of transplantation
involving recipients of bone marrow from biologically unrelated donors.
``(c) Annual Report on Patient Outcomes.--The Registry shall
annually submit to the Secretary a report concerning patient outcomes
with respect to each transplant center. Each such report shall use data
collected and maintained by the scientific registry under subsection
(a). Each such report shall in addition include the data required in
section 379(l) (relating to pretransplant costs).''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended--
(1) by transferring section 378 from the current placement of
the section and inserting the section after section 377; and
(2) in part I, by inserting after section 379A the following
section:
``SEC. 379B. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $18,000,000 for fiscal year 1999, and such sums as
may be necessary for each of the fiscal years 2000 through 2003.''.
SEC. 5. STUDY BY GENERAL ACCOUNTING OFFICE.
(a) In General.--During the period indicated pursuant to subsection
(b), the Comptroller General of the United States shall conduct a study
of the National Bone Marrow Donor Registry under section 379 of the
Public Health Service Act for purposes of making determinations of the
following:
(1) The extent to which, relative to the effective date of this
Act, such Registry has increased the representation of racial and
ethnic minority groups (including persons of mixed ancestry) among
potential donors of bone marrow who are enrolled with the Registry,
and whether the extent of increase results in a level of
representation that meets the standard established in subsection
(c)(1)(A) of such section 379 (as added by section 2(c) of this
Act).
(2) The extent to which patients in need of a transplant of
bone marrow from a biologically unrelated donor, and the physicians
of such patients, have been utilizing the Registry in the search
for such a donor.
(3) The number of such patients for whom the Registry began a
preliminary search but for whom the full search process was not
completed, and the reasons underlying such circumstances.
(4) The extent to which the plan required in section 2(b)(2) of
this Act (relating to the relationship between the Registry and
donor centers) has been implemented.
(5) The extent to which the Registry, donor centers, donor
registries, collection centers, transplant centers, and other
appropriate entities have been complying with the standards,
criteria, and procedures under subsection (e) of such section 379
(as redesignated by section 2(c) of this Act).
(b) Report.--A report describing the findings of the study under
subsection (a) shall be submitted to the Congress not later than
October 1, 2001. The report may not be submitted before January 1,
2001.
SEC. 6. COMPLIANCE WITH NEW REQUIREMENTS FOR OFFICE OF PATIENT
ADVOCACY.
With respect to requirements for the office of patient advocacy
under section 379(d) of the Public Health Service Act, the Secretary of
Health and Human Services shall ensure that, not later than 180 days
after the effective date of this Act, such office is in compliance with
all requirements (established pursuant to the amendment made by section
2(d)) that are additional to the requirements that under section 379 of
such Act were in effect with respect to patient advocacy on the day
before the date of the enactment of this Act.
SEC. 7. EFFECTIVE DATE.
This Act takes effect October 1, 1998, or upon the date of the
enactment of this Act, whichever occurs later.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to set forth the purpose of the National Bone Marrow Donor Registry and impose requirements regarding its board of directors.
Sets forth program functions, including regarding collection, analysis, and publication of data on donor searches.
Mandates implementation of a plan to effectuate efficiencies between the Registry and donor centers.
Requires the Registry to: (1) recruit donors; (2) give priority to recruiting populations underrepresented among potential donors; and (3) consider racial and ethnic minority groups underrepresented.
Requires the Registry to maintain an office of patient advocacy meeting specified requirements, including providing case management. Allows the office to provide information on the process of receiving a bone marrow transplant, including the posttransplant process.
Mandates maintenance of a scientific registry regarding patients who have received marrow from an unrelated donor.
Authorizes appropriations to carry out the Registry provisions.
Mandates a study of the Registry and report to the Congress by the Comptroller General regarding specified aspects of the Registry.
Directs the Secretary of Health and Human Services, by a specified period after the effective date of this Act, to ensure that the office of patient advocacy (mandated by this Act) is in compliance with certain requirements. | {"src": "billsum_train", "title": "National Bone Marrow Registry Reauthorization Act of 1998"} | 3,893 | 282 | 0.566378 | 1.605538 | 0.786078 | 2.669388 | 14.889796 | 0.881633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hawaii Invasive Species Prevention
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The uniqueness of the Hawaiian islands lies in part due
to their isolation from continental landmasses, their great
topographic and climatic diversity, and the intervals between
natural colonization (colonization without human assistance) of
the Hawaiian islands by new plant or animal species, which have
been on the order of thousands of years.
(2) The resulting evolution in isolation over time has
often led to the generation of species entirely unique to
particular islands and found nowhere else, and such isolation
also often meant the absence of natural predatory or
competitive species.
(3) The natural geographic isolation of the Hawaiian
islands is no match for the advancement of human activities,
including transportation and global commerce, and native biota
and ecosystems are being overwhelmed by the introduction and
establishment of non-native plant and animal species and plant
and animal diseases associated with such species.
(4) More than 5,000 species of non-native plants and
animals have become established in the Hawaiian islands in the
past 200 years, which represents a rate of successful
colonization of new species every 18 days.
(5) Although not all new species introductions alter
ecosystem function and structure, damage agriculture, or cause
human health or other safety hazards, the introduction of
invasive species to the Hawaiian islands has resulted in the
extinction of native species, the destruction of native
forests, and the spread of disease and costs the State of
Hawaii millions of dollars in crop losses.
(6) For example, Miconia calvescens, an aggressive weedy
tree from South America, has established itself in Hawaii and
threatens Hawaii's tropical forests and the watersheds those
forests support, and the resulting decreased water infiltration
in just two of Hawaii's priority watersheds could amount to
additional water costs of $13 million annually.
(7) Just one new invasive species, such as the the brown
tree snake, could change the very character of the Hawaiian
islands. In addition to its devastating impacts on fragile
native bird populations, the venomous brown tree snake poses a
public health risk because it bites people and pets, threatens
poultry farms because it feeds on chickens and eggs, and
presents the risk of dangerous and costly power outages because
it climbs electrical lines causing short circuits in power
supply.
(8) Although Congress responded to the danger of the brown
tree snake by enacting the Brown Tree Snake Control and
Eradication Act of 2004 (Public Law 108-384; 7 U.S.C. 8501 et
seq.), many more invasive species, including fire ants and West
Nile Virus, threaten to invade Hawaii and cause further
environmental and economic damage.
(9) The current Federal statutory and regulatory regime is
not sufficient to minimize the introduction of invasive species
into Hawaii and the environmental, economic, and social harm
that would result from the introduction of additional invasive
species.
SEC. 3. DEFINITIONS.
In this Act:
(1) Disease.--The term ``disease'' means any living stage
of a bacterium, a fungus, a virus or viroid, an infectious
agent or other pathogen, or any other article similar to or
allied with any of these specified articles, that can directly
or indirectly cause economic or environmental harm or harm to
human health.
(2) Introduction.--The terms ``introduce'' and
``introduction'' refer to the intentional or unintentional
dissemination, placement, release, or escape of a species as a
result of human activity outside of the range where the species
is commonly found.
(3) Invasive species.--The term ``invasive species'' means
any species, including its seeds, eggs, spores, or other
biological material capable of propagating that species, whose
introduction does or is likely to cause economic or
environmental harm or harm to human health.
(4) Secretary.--The term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to
matters under the jurisdiction of the Department of the
Interior; and
(B) the Secretary of Agriculture, with respect to
matters under the jurisdiction of the Department of
Agriculture.
(5) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(6) Species.--The term ``species'' means a group of
organisms all of which have a high degree of physical and
genetic similarity, generally interbreed only among themselves,
and show persistent differences from members of allied groups
of organisms.
SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OBLIGATIONS RELATED TO
PREVENTING THE INTRODUCTION OF INVASIVE SPECIES IN
HAWAII.
(a) Sense of Congress.--It is the sense of Congress that there
exists a need for improved and better coordinated control,
interdiction, and eradication of invasive species and diseases on the
part of the United States and other interested parties to prevent the
introduction or spread of invasive species or diseases in Hawaii.
(b) United States Policy.--It is the policy of the United States to
fund and support coordinated and concerted programs and activities to
control, interdict, and prevent the introduction or spread of invasive
species and diseases in Hawaii.
(c) Preventing Introduction.--Notwithstanding any other provision
of law, to the extent practicable, no Federal agency may authorize,
fund, or carry out any action that would likely cause or promote the
introduction or spread of invasive species and diseases in Hawaii. All
Federal agencies shall consider invasive species and disease issues, to
the extent possible, when planning any activity that may cause the
accidental introduction of invasive species and diseases in Hawaii.
SEC. 5. LEGAL MECHANISMS TO CONTROL THE INTRODUCTION AND SPREAD OF
INVASIVE SPECIES OR DISEASES IN HAWAII.
(a) Imposition of Quarantine.--Using the authorities available to
the Secretary concerned under section 412 of the Plant Protection Act
(7 U.S.C. 7712), section 10406 of the Animal Health Protection Act (7
U.S.C. 8305), section 42 of title 18, United States Code, section 3015
of title 39, United States Code, the Alien Species Prevention and
Enforcement Act of 1992 (section 631 of Public Law 102-393; 39 U.S.C.
3015 note), section 3 of the Lacey Act Amendments of 1981 (16 U.S.C.
3372), and the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4702 et seq.), the Secretaries shall impose a
quarantine on the State of Hawaii to prevent the introduction of
invasive species and diseases in Hawaii.
(b) Establishment of System of Quarantine Protocols.--
(1) Rulemaking.--Not later than two years after the date of
the enactment of this Act, the Secretaries shall issue rules
regarding the establishment of a system of post-arrival
quarantine protocols for all persons, baggage, cargo,
containers, packing materials, and other items travelling or
being shipped to Hawaii from domestic and foreign locations.
(2) Funding source for regulations.--The Secretaries shall
use funds otherwise available for the operation of the
Department of Agriculture and the Department of the Interior to
issue the rules required by paragraph (1).
(3) Conditions on implementation of quarantine protocols.--
The system of post-arrival quarantine protocols established by
rulemaking pursuant to paragraph (1) shall be operated at
Federal expense and, as a result, may not be implemented
until--
(A) funds are specifically appropriated for the
implementation of the system; or
(B) a means of financing the system is specifically
designated.
(c) Use of Federal Officials to Assist State and Local Efforts.--
Federal quarantine, natural resource, conservation, and law enforcement
officers and inspectors may enforce State and local laws of Hawaii
regarding the importation, possession, or introduction of invasive
species or diseases.
(d) Cooperation.--The activities described in this section shall be
carried out in cooperation with the Secretary of Homeland Security, the
Secretary of Commerce, the Secretary of the Treasury, the government of
Hawaii, and each of their respective quarantine, natural resource,
conservation, and law enforcement agencies and officers, as
appropriate.
(e) Additional State and Local Efforts.--
(1) Expedited consideration of state and local control
proposals.--Not later than two years after the date of the
enactment of this Act, the Secretaries shall establish an
expedited process for the State of Hawaii and its political
subdivisions to seek the approval of the Secretaries to impose
general or specific prohibitions or restrictions upon the
introduction or movement of invasive species or diseases from
domestic or foreign locations to Hawaii that are in addition to
any prohibitions or restrictions imposed by the Secretaries.
(2) Response to emergency threats.--In the event of an
emergency or imminent threat from an invasive species or
disease, the State of Hawaii may impose, for not longer than
two years pending approval by the Secretaries under paragraph
(1), general or specific prohibitions or restrictions upon the
introduction or movement of that invasive species or disease
that are in addition to the prohibitions or restrictions
imposed by the Secretaries.
(3) Funding source.--The Secretaries shall use funds
otherwise available for the operation of the Department of
Agriculture and the Department of the Interior to carry out
this subsection.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary concerned
to carry out this Act for fiscal years 2007 through 2011 such sums as
may be necessary. | Hawaii Invasive Species Prevention Act - States that it is U.S. policy to fund and support coordinated programs and activities to prevent the introduction or spread of invasive species and diseases in Hawaii.
Prohibits a federal agency from carrying out any action that would likely cause or promote the introduction or spread of invasive species and diseases in Hawaii.
Directs the Secretaries of Agriculture and the Interior to: (1) impose a quarantine on Hawaii to prevent the introduction of invasive species and diseases in Hawaii; (2) establish a system of post-arrival quarantine protocols for all persons, baggage, cargo, containers, packing materials, and other items traveling or being shipped to Hawaii from domestic and foreign locations; and (3) establish an expedited process for Hawaii to seek the Secretaries' approval to impose additional prohibitions or restrictions on the introduction or movement of invasive species or diseases. Authorizes Hawaii to impose additional emergency prohibitions or restrictions for up to two years pending such approval. | {"src": "billsum_train", "title": "To recognize the unique ecosystems of the Hawaiian islands and the threat to these ecosystems posed by non-native plants, animals, and plant and animal diseases, to require the Secretary of Agriculture and the Secretary of the Interior to expand Federal efforts to prevent the introduction in Hawaii of non-native plants, animals, and plant and animal diseases, and for other purposes."} | 2,147 | 210 | 0.458209 | 1.426044 | 0.811147 | 5.097826 | 10.48913 | 0.956522 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Economic
Revitalization Tax Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CERTAIN INVESTMENTS IN UNITED STATES PROPERTY BY QUALIFIED
POSSESSIONS CORPORATIONS.
(a) In General.--Section 956 (relating to investment of earnings in
United States property) is amended by redesignating subsection (e) as
subsection (f) and inserting after subsection (d) the following:
``(e) Separate Application of Section to Qualified Possessions
Corporations.--
``(1) In general.--In the case of a qualified possessions
corporation, this section shall be applied separately with
respect to such corporation's qualified possessions income.
``(2) Definitions.--For purposes of this section--
``(A) Qualified possessions corporation.--The term
`qualified possessions corporation' means any foreign
corporation which is a controlled foreign corporation
and is created or organized under the laws of the
Commonwealth of Puerto Rico or a possession of the
United States.
``(B) Qualified possessions income.--The term
`qualified possessions income' means income earned by a
qualified possessions corporation in taxable years
beginning after December 31, 2001, from sources outside
the United States, from--
``(i) the active conduct of a trade or
business within the Commonwealth of Puerto Rico
or a possession of the United States, or
``(ii) the sale or exchange of
substantially all of the assets used in the
active conduct of such a trade or business.
``(3) Taxable years to which subsection is applicable.--
This subsection shall be applicable with respect to any taxable
year of a qualified possessions corporation beginning after
December 31, 2001, for which an election under section 245(d)
is not in effect.''.
(b) Certain Investments in United States Property.--Section 951(a)
(relating to amounts included in gross income of United States
shareholders) is amended by adding at the end the following:
``(4) Certain investments in united states property.--
``(A) In general.--The amount determined under
paragraph (1)(B) with respect to a qualified
possessions corporation (as defined in section
956(e)(2)(A)) shall be reduced (but not below zero) by
the lesser of--
``(i) 90 percent of the amount determined
under section 956(e) with respect to such
corporation for the taxable year, or
``(ii) 90 percent of such corporation's
cumulative qualified possessions income (as
defined in section 956(e)(2)(B)), reduced by
amounts (if any) previously allowed as a
deduction under section 245(d).
``(B) Succeeding taxable years.--In applying this
section and section 956 to any taxable year, any amount
not included in the gross income of a United States
shareholder of a qualified possessions corporation in a
prior taxable year solely by reason of the application
of subparagraph (A) shall be treated as if it had been
so included in the gross income of the United States
shareholder in such prior taxable year.''.
SEC. 3. DIVIDENDS RECEIVED DEDUCTION WITH RESPECT TO CERTAIN
DISTRIBUTIONS BY QUALIFIED POSSESSIONS CORPORATIONS.
Section 245 (relating to dividends received from certain foreign
corporations) is amended by adding at the end the following:
``(d) Dividends From Qualified Possessions Corporations.--
``(1) General rule.--In the case of a dividend described in
paragraph (2) received by a domestic corporation from an
electing qualified possessions corporation (as defined in
section 956(e)(2)(A)), there shall be allowed as a deduction an
amount equal to 85 percent of such dividend.
``(2) Eligible dividends.--A dividend is described in this
paragraph if such dividend is paid out of that portion of the
earnings and profits of a qualified possessions corporation
which does not exceed such corporation's accumulated qualified
possessions income (as defined in section 956(e)(2)(B)).
``(3) Elections.--
``(A) In general.--An election under this
subsection shall be made by the qualified possessions
corporation at such time and in such manner as the
Secretary shall prescribe.
``(B) Years for which election is effective.--An
election under this subsection shall be effective for
the taxable year of the qualified possessions
corporation beginning after December 31, 2001, for
which such election is made and for all succeeding
taxable years of such corporation, unless--
``(i) the corporation ceases to be a
qualified possessions corporation, or
``(ii) the corporation revokes the
election.
``(C) New election by qualified possessions
corporation following termination.--If a qualified
possessions corporation has made an election under this
subsection and if such election has been terminated
under subparagraph (B), such corporation (and any
successor qualified possessions corporation) shall not
be eligible to make an election under this subsection
for any taxable year before the 5th taxable year which
begins after the 1st taxable year for which such
termination is effective, unless the Secretary consents
to such election.''.
SEC. 4. SAFE HARBOR RULE FOR CERTAIN TRANSFERS OR LICENSES OF
INTANGIBLE PROPERTY TO A QUALIFIED POSSESSIONS
CORPORATION.
Section 367 (relating to foreign corporations) is amended by adding
at the end the following:
``(g) Safe Harbor for Certain Transfers or Licenses of Intangible
Property.--
``(1) General rule.--If subsection (d)(2)(A)(ii) or section
482 is otherwise applicable to the transfer or license of
qualified intangible property to an electing qualified
possessions corporation (as defined in section 956(e)(2)(A)),
the requirements of subsection (d)(2)(A)(ii) or section 482, as
the case may be, shall be treated as satisfied for all purposes
under this subtitle for any taxable year for which the electing
qualified possessions corporation computes its qualified
possessions income (as defined in section 956(e)(2)(B)) with
respect to its products or services involving the use of the
qualified intangible property in accordance with the same
method specified in section 936(h) (as in effect on the date of
the enactment of this subsection) which was used by the
domestic corporation referred to in paragraph (2)(A) for its
last taxable year beginning before the transfer or license to
the qualified possessions corporation.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified intangible property.--The term
`qualified intangible property' means any intangible
property owned by a domestic corporation on the date of
the enactment of this section, but only if such
property was--
``(i) developed or purchased by the
domestic corporation, and
``(ii) used directly in the active conduct
by the domestic corporation of a trade or
business for which credits were allowed under
either section 30A or 936 for the taxable year
within which the transfer or license occurs.
``(B) Intangible property.--The term `intangible
property' means any intangible property (within the
meaning of subsection (d)) but only if such property
was used directly in connection with a manufacturing or
similar process within the taxable year referred to in
paragraph (2)(A)(ii).
``(3) Election.--
``(A) In general.--An election under this
subsection shall be made by the qualified possessions
corporation, in such manner as the Secretary may
prescribe by regulations, prior to the 15th day of the
3d month following the close of the first taxable year
of such corporation beginning after December 31, 2001.
``(B) Years for which effective.--An election under
this subsection shall apply to the taxable year for
which made and all subsequent years unless--
``(i) the foreign corporation which is the
transferee or licensee ceases to be a qualified
possessions corporation, or
``(ii) the Secretary consents to the
revocation of the election.''.
SEC. 5. TECHNICAL AND CONFORMING CHANGES.
(a) Imputed Interest.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no interest shall be imputed for any
purpose under such Code with respect to any obligation issued to a
qualified possessions corporation (as defined in section 956(e)(2)(A)
of such Code, as added by section 2(a)) as part of a transaction to
which section 956(e) of such Code (as so added) is applicable.
(b) Constructive Dividends.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no amount of United States property held
by a qualified possessions corporation (as defined in such section
956(e)) pursuant to sections 951(a)(4) and 956(e) of such Code shall be
treated as a dividend for any purpose under such Code.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act. | Economic Revitalization Tax Act of 2001 - Amends Internal Revenue Code provisions concerning investment of earnings in U.S. property to set forth a separate rule governing any foreign corporation which is a controlled foreign corporation and is created or organized under the laws of the Commonwealth of Puerto Rico or a possession of the United States.Provides that in the case of certain dividends received by a domestic corporation from such a corporation, there shall be allowed as a deduction an amount equal to 85 percent of such dividend.Establishes a safe harbor rule for certain transfers or licenses of intangible property to such a corporation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an appropriate and permanent tax structure for investments in the Commonwealth of Puerto Rico and the possessions of the United States, and for other purposes."} | 2,208 | 139 | 0.552794 | 1.449299 | 0.676554 | 5.381818 | 16.8 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medigap Amendments of 1996''.
SEC. 2. MEDIGAP AMENDMENTS.
(a) Guaranteeing Issue Without Preexisting Conditions for
Continuously Covered Individuals.--Section 1882(s) of the Social
Security Act (42 U.S.C. 1395ss(s)) is amended--
(1) in paragraph (3), by striking ``paragraphs (1) and
(2)'' and inserting ``this subsection'',
(2) by redesignating paragraph (3) as paragraph (4), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The issuer of a Medicare supplemental policy--
``(i) may not deny or condition the issuance or
effectiveness of a Medicare supplemental policy described in
subparagraph (C);
``(ii) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability; and
``(iii) may not impose an exclusion of benefits based on a
pre-existing condition,
in the case of an individual described in subparagraph (B) who seeks to
enroll under the policy not later than 63 days after the date of the
termination of enrollment described in such subparagraph.
``(B) An individual described in this subparagraph is an individual
described in any of the following clauses:
``(i) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment ceases either because the individual moves
outside the service area of the organization under the contract
or agreement or because of the termination or nonrenewal of the
contract or agreement.
``(ii) The individual is enrolled with an organization
under a policy described in subsection (t) and such enrollment
ceases either because the individual moves outside the service
area of the organization under the policy, because of the
bankruptcy or insolvency of the insurer, or because the insurer
closes the block of business to new enrollment.
``(iii) The individual is covered under a medicare
supplemental policy and such coverage is terminated because of
the bankruptcy or insolvency of the insurer issuing the policy,
because the insurer closes the block of business to new
enrollment, or because the individual changes residence so that the
individual no longer resides in a State in which the issuer of the
policy is licensed.
``(iv) The individual is enrolled under an employee welfare
benefit plan that provides health benefits that supplement the
benefits under this title and the plan terminates or ceases to
provide (or significantly reduces) such supplemental health
benefits to the individual.
``(v)(I) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment is terminated by the enrollee during the first
12 months of such enrollment, but only if the individual never
was previously enrolled with an eligible organization under a
contract under section 1876 or with an organization under an
agreement under section 1833(a)(1)(A).
``(II) The individual is enrolled under a policy described
in subsection (t) and such enrollment is terminated during the
first 12 months of such enrollment, but only if the individual
never was previously enrolled under such a policy under such
subsection.
``(C)(i) Subject to clause (ii), a medicare supplemental policy
described in this subparagraph, with respect to an individual described
in subparagraph (B), is a policy the benefits under which are
comparable or lesser in relation to the benefits under the enrollment
described in subparagraph (B) (or, in the case of an individual
described in clause (ii), under the most recent medicare supplemental
policy described in clause (ii)(II)).
``(ii) An individual described in this clause is an individual
who--
``(I) is described in subparagraph (B)(v), and
``(II) was enrolled in a medicare supplemental policy
within the 63 day period before the enrollment described in
such subparagraph.
``(iii) As a condition for approval of a State regulatory program
under subsection (b)(1) and for purposes of applying clause (i) to
policies to be issued in the State, the regulatory program shall
provide for the method of determining whether policy benefits are
comparable or lesser in relation to other benefits. With respect to a
State without such an approved program, the Secretary shall establish
such method.
``(D) At the time of an event described in subparagraph (B) because
of which an individual ceases enrollment or loses coverage or benefits
under a contract or agreement, policy, or plan, the organization that
offers the contract or agreement, the insurer offering the policy, or
the administrator of the plan, respectively, shall notify the
individual of the rights of the individual, and obligations of issuers
of medicare supplemental policies, under subparagraph (A).''.
(b) Limitation on Imposition of Preexisting Condition Exclusion
During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such
Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows:
``(B) In the case of a policy issued during the 6-month period
described in subparagraph (A), the policy may not exclude benefits
based on a pre-existing condition.''.
(c) Clarifying the Nondiscrimination Requirements During the 6-
Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42
U.S.C. 1395ss(s)(2)(A)) is amended to read as follows:
``(2)(A)(i) In the case of an individual described in clause (ii),
the issuer of a medicare supplemental policy--
``(I) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy, and
``(II) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
``(ii) An individual described in this clause is an individual for
whom an application is submitted before the end of the 6-month period
beginning with the first month as of the first day on which the
individual is 65 years of age or older and is enrolled for benefits
under part B.''.
(d) Extending 6-Month Initial Enrollment Period to Non-Elderly
Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42
U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by
striking ``is submitted'' and all that follows and inserting the
following: ``is submitted--
``(I) before the end of the 6-month period beginning with
the first month as of the first day on which the individual is
65 years of age or older and is enrolled for benefits under
part B; and
``(II) for each time the individual becomes eligible for
benefits under part A pursuant to section 226(b) or 226A and is
enrolled for benefits under part B, before the end of the 6-
month period beginning with the first month as of the first day
on which the individual is so eligible and so enrolled.''.
(e) Effective Dates.--
(1) Guaranteed issue.--The amendment made by subsection (a)
shall take effect on July 1, 1997.
(2) Limit on preexisting condition exclusions.--The
amendment made by subsection (b) shall apply to policies issued
on or after July 1, 1997.
(3) Clarification of nondiscrimination requirements.--The
amendment made by subsection (c) shall apply to policies issued
on or after July 1, 1997.
(4) Extension of enrollment period to disabled
individuals.--
(A) In general.--The amendment made by subsection
(d) shall take effect on July 1, 1997.
(B) Transition rule.--In the case of an individual
who first became eligible for benefits under part A of
title XVIII of the Social Security Act pursuant to
section 226(b) or 226A of such Act and enrolled for
benefits under part B of such title before July 1,
1997, the 6-month period described in section
1882(s)(2)(A) of such Act shall begin on July 1, 1997.
Before July 1, 1997, the Secretary of Health and Human
Services shall notify any individual described in the
previous sentence of their rights in connection with
medicare supplemental policies under section 1882 of
such Act, by reason of the amendment made by subsection
(d).
(f) Transition Provisions.--
(1) In general.--If the Secretary of Health and Human
Services identifies a State as requiring a change to its
statutes or regulations to conform its regulatory program to
the changes made by this section, the State regulatory program
shall not be considered to be out of compliance with the
requirements of section 1882 of the Social Security Act due
solely to failure to make such change until the date specified
in paragraph (4).
(2) NAIC standards.--If, within 9 months after the date of
the enactment of this Act, the National Association of
Insurance Commissioners (in this subsection referred to as the
``NAIC'') modifies its NAIC Model Regulation relating to
section 1882 of the Social Security Act (referred to in such
section as the 1991 NAIC Model Regulation, as modified pursuant
to section 171(m)(2) of the Social Security Act Amendments of
1994 (Public Law 103-432) and as modified pursuant to section
1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by
section 271(a) of the Health Care Portability and
Accountability Act of 1996 (Public Law 104-191) to conform to
the amendments made by this section, such revised regulation
incorporating the modifications shall be considered to be the
applicable NAIC model regulation (including the revised NAIC
model regulation and the 1991 NAIC Model Regulation) for the
purposes of such section.
(3) Secretary standards.--If the NAIC does not make the
modifications described in paragraph (2) within the period
specified in such paragraph, the Secretary of Health and Human
Services shall make the modifications described in such
paragraph and such revised regulation incorporating the
modifications shall be considered to be the appropriate
Regulation for the purposes of such section.
(4) Date specified.--
(A) In general.--Subject to subparagraph (B), the
date specified in this paragraph for a State is the
earlier of--
(i) the date the State changes its statutes
or regulations to conform its regulatory
program to the changes made by this section, or
(ii) 1 year after the date the NAIC or the
Secretary first makes the modifications under
paragraph (2) or (3), respectively.
(B) Additional legislative action required.--In the
case of a State which the Secretary identifies as--
(i) requiring State legislation (other than
legislation appropriating funds) to conform its
regulatory program to the changes made in this
section, but
(ii) having a legislature which is not
scheduled to meet in 1998 in a legislative
session in which such legislation may be
considered,
the date specified in this paragraph is the first day
of the first calendar quarter beginning after the close
of the first legislative session of the State
legislature that begins on or after July 1, 1998. 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.
SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES.
(a) Grant program.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') is
authorized to provide grants to--
(A) private, independent, non-profit consumer
organizations, and
(B) State agencies,
to conduct programs to prepare and make available to medicare
beneficiaries comprehensive and understandable information on
enrollment in health plans with a medicare managed care
contract and in medicare supplemental policies in which they
are eligible to enroll. Nothing in this section shall be
construed as preventing the Secretary from making a grant to an
organization under this section to carry out activities for
which a grant may be made under section 4360 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508).
(2) Consumer satisfaction surveys.--Any eligible
organization with a medicare managed care contract or any
issuer of a medicare supplemental policy shall--
(A) conduct, in accordance with minimum standards
approved by the Secretary, a consumer satisfaction
survey of the enrollees under such contract or such
policy; and
(B) make the results of such survey available to
Secretary and the State Insurance Commissioner of the
State in which the enrollees are so enrolled.
The Secretary shall make the results of such surveys available
to organizations which receive grants under paragraph (1).
(3) Information.--
(A) Contents.--The information described in
paragraph (1) shall include at least a comparison of
such contracts and policies, including a comparison of
the benefits provided, quality and performance, the
costs to enrollees, the results of consumer
satisfaction surveys on such contracts and policies, as
described in subsection (a)(2), and such additional
information as the Secretary may prescribe.
(B) Information standards.--The Secretary shall
develop standards and criteria to ensure that the
information provided to medicare beneficiaries under a
grant under this section is complete, accurate, and
uniform.
(C) Review of information.--The Secretary may
prescribe the procedures and conditions under which an
organization that has obtained a grant under this
section may furnish information obtained under the
grant to medicare beneficiaries. Such information shall
be submitted to the Secretary at least 45 days before
the date the information is first furnished to such
beneficiaries.
(4) Consultation with other organizations and providers.--
An organization which receives a grant under paragraph (1)
shall consult with private insurers, managed care plan
providers and other health care providers, and public and
private purchasers of health care benefits in order to provide
the information described in paragraph (1).
(5) Terms and conditions.--To be eligible for a grant under
this section, an organization shall prepare and submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
Grants made under this section shall be in accordance with
terms and conditions specified by the Secretary.
(b) Cost-Sharing.--
(1) In general.--Each organization which provides a
medicare managed care contract or issues a medicare
supplemental policy (including a medicare select policy) shall
pay to the Secretary its pro rata share (as determined by the
Secretary) of the estimated costs to be incurred by the
Secretary in providing the grants described in subsection (a).
(2) Limitation.--The total amount required to be paid under
paragraph (1) shall not exceed $35,000,000 in any fiscal year.
(3) Application of proceeds.--Amounts received under
paragraph (1) are hereby appropriated to the Secretary to
defray the costs described in such paragraph and shall remain
available until expended.
(c) Definitions.--In this section:
(1) Medicare managed care contract.--The term ``medicare
managed care contract'' means a contract under section 1876 or
section 1833(a)(1)(A) of the Social Security Act.
(2) Medicare supplemental policy.--The term ``medicare
supplemental policy'' has the meaning given such term in
section 1882(g) of the Social Security Act. | Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage (with no break longer than 63 days), if the policy in which the individual wishes to enroll has a comparable or less generous benefits package.
Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries.
Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy; and (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations. | {"src": "billsum_train", "title": "Medigap Amendments of 1996"} | 3,562 | 431 | 0.585276 | 1.754636 | 0.839026 | 3.972603 | 8.923288 | 0.887671 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is
amended--
(1) by striking out ``and'' at the end of each of the first
three clauses;
(2) by striking out ``: Now therefore,'' at the end of the
last clause and inserting in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas the Lumbee Indians have been recognized by the State of North Carolina
as an Indian tribe since 1885;
``Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe
since 1888; and
``Whereas the Lumbee Indians are entitled to Federal recognition of their status
as an Indian tribe and the benefits, privileges, and immunities that
accompany such status: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended--
(1) by striking out the last sentence of the first section;
and
(2) by striking out section 2 and inserting in lieu thereof
the following:
``federal recognition; acknowledgment
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina. All laws and regulations of the United States
of general application to Indians and Indian tribes shall apply to the
Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section of this Act, any group of
Indians in Robeson or adjoining counties whose members are not enrolled
in the Lumbee Tribe of North Carolina, as determined under section
(4)(b), may petition under part 83 of title 25 of the Code of Federal
Regulations for acknowledgement of tribal existence.
``services
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as federally recognized Indians, except that
members of the tribe shall not be entitled to such services until the
appropriation of funds for these purposes. For the purposes of the
delivery of such services, those members of the tribe residing in
Robeson and adjoining counties, North Carolina, shall be deemed to be
resident on or near an Indian reservation.
``(b) Upon verification of a tribal roll under section 4 by the
Secretary of the Interior, the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs and a
budget required to provide services to which the members of the tribe
are eligible. The Secretary of the Interior and the Secretary of Health
and Human Services shall each submit a written statement of such needs
and budget with the first budget request submitted to the Congress
after the fiscal year in which the tribal roll is verified.
``(c)(1) The Lumbee Tribe of North Carolina is authorized to plan,
conduct, consolidate, and administer programs, services, and functions
authorized under the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452
et seq.), and the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13),
popularly known as the Snyder Act, pursuant to an annual written
funding agreement among the Lumbee Tribe of North Carolina, the
Secretary of the Interior, and the Secretary of Health and Human
Services, which shall specify--
``(A) the services to be provided, the functions to be
performed, and the procedures to be used to reallocate funds or
modify budget allocations, within any fiscal year; and
``(B) the responsibility of the Secretary of the Interior
for, and the procedure to be used in, auditing the expenditures
of the tribe.
``(2) The authority provided under this subsection shall be in lieu
of the authority provided under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(3) Nothing in this subsection shall be construed as affecting,
modifying, diminishing, or otherwise impairing the sovereign immunity
from lawsuit enjoyed by the Lumbee Tribe of North Carolina or
authorizing or requiring the termination of any trust responsibility of
the United States with respect to the tribe.
``constitution and membership
``Sec. 4. (a) After the Secretary has completed his review and
verification of the tribal roll, but in no case earlier than 24 months
after the effective date of this Act, the Lumbee Tribe of North
Carolina shall adopt a constitution and bylaws. Any constitution,
bylaws, or amendments to the constitution or bylaws that are adopted by
the tribe must be consistent with the terms of this Act and shall take
effect only after such documents are filed with the Secretary of the
Interior. The Secretary shall assist the tribe in the drafting of a
constitution and bylaws, the conduct of an election in accordance with
the procedures set forth in part 81 of title 25 of the Code of Federal
Regulations with respect to such constitution, and the reorganization
of the government of the tribe under any such constitution and bylaws.
In addition to the requirements of this Act and part 81 of title 25 of
the Code of Federal Regulations, only adult enrolled members of the
Lumbee Tribe of North Carolina shall be eligible to vote on the
constitution.
``(b)(1) Until the Lumbee Tribe of North Carolina adopts a
constitution and except as provided in paragraph (2), the membership of
the tribe shall, subject to review by the Secretary, consist of every
individual who is named in the tribal membership roll that is in effect
on the date of enactment of this Act.
``(2)(A) Within 60 days after the effective date of this Act, the
roll of the tribe shall be open for a 180-day period to allow the
enrollment of any individual previously enrolled in another Indian
group or tribe in Robeson or adjoining counties, North Carolina, who
demonstrates that--
``(i) the individual is eligible for enrollment in the
Lumbee Tribe of North Carolina; and
``(ii) the individual has abandoned membership in any other
Indian group or tribe.
``(B) The Lumbee Tribe of North Carolina shall advertise in
newspapers of general distribution in Robeson and adjoining counties,
North Carolina, the opening of the tribal roll for the purposes of
subparagraph (A). The advertisement shall specify the enrollment
criteria and the deadline for enrollment.
``(3) The review of the tribal roll of the Lumbee Tribe of North
Carolina shall be limited to verification of compliance with the
membership criteria of the tribe as stated in the Lumbee Petition for
Federal Acknowledgment filed with the Secretary by the tribe on
December 17, 1987. The Secretary shall complete his review and
verification of the tribal roll within the 12-month period beginning on
the date on which the tribal roll is closed under paragraph (2).
``interim government
``Sec. 5. (a) Until the tribe has adopted a constitution pursuant
to the terms of this Act, the Board of Directors of the Lumbee Regional
Development Association (hereafter in this section referred to as
`LRDA') is recognized as the sole provisional and transitional
governing body of the tribe. Until an election of tribal officers under
the new constitution, the LRDA shall--
``(1) represent the tribe and its members in the
implementation of this Act; and
``(2) during such period--
``(A) have full authority to enter into contracts,
grant agreements, and other arrangements with any
Federal department or agency; and
``(B) have full authority to administer or operate
any program under such contracts or agreements.
``(b) Until the initial election of tribal officers under a new
constitution and bylaws, the LRDA shall--
``(1) oversee and implement the drafting and proposal to
the tribe of a new constitution and conduct such meetings or
hearings as it deems necessary;
``(2) oversee the opening of the tribal roll and
advertising of the opening as provided for in section 4; and
``(3) oversee the election to adopt the constitution.
``jurisdiction
``Sec. 6. (a)(1) The State of North Carolina shall exercise
jurisdiction over--
``(A) all criminal offenses that are committed on, and
``(B) all civil actions that arise on,
lands located within the State of North Carolina that are owned by, or
held in trust by the United States for, the Lumbee Tribe of North
Carolina, any member of the Lumbee Tribe of North Carolina, or any
dependent Indian community of the Lumbee Tribe of North Carolina.
``(2) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in paragraph (1) pursuant to an agreement
between the Lumbee Tribe of North Carolina and the State of North
Carolina. Such transfer of jurisdiction may not take effect until 2
years after the effective date of such agreement.
``(3) The provisions of this subsection shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``(b) Section 5 of the Act of June 18, 1934 (chapter 576; 25 U.S.C.
465), and the Act of April 11, 1970 (84 Stat. 120; 25 U.S.C. 488 et
seq.), shall apply to the Lumbee Tribe of North Carolina with respect
to lands within the exterior boundaries of Robeson and adjoining
counties, North Carolina.
``authorization of appropriations
``Sec. 7. (a) There are authorized to be appropriated such funds as
may be necessary to carry out this Act.
``(b) In the first fiscal year in which funds are appropriated
under this Act, the tribe's proposals for expenditures of such funds
shall be submitted to the Committee on Indian Affairs of the Senate and
the Committee on Resources of the House of Representatives 60 calendar
days prior to any expenditure of such funds by the tribe.''. | Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina. Authorizes appropriations. | {"src": "billsum_train", "title": "Lumbee Recognition Act"} | 2,331 | 32 | 0.565904 | 1.357862 | 0.59559 | 3.473684 | 116.315789 | 0.842105 |
SECTION 1. AUTHORITY TO EXPAND AND EXTEND MEDICARE SUBVENTION
DEMONSTRATION PROJECT FOR MILITARY RETIREES; INFORMATION
REGARDING MEDICARE+CHOICE AND MEDIGAP PROTECTIONS.
(a) In General.--Section 1896 of the Social Security Act (42 U.S.C.
1395ggg) is amended by adding at the end the following:
``(l) Authority To Expand and Extend Demonstration Project.--
``(1) In General.--Subject to paragraphs (2) and (3), the
administering Secretaries may expand and extend the
demonstration project if such Secretaries determine that--
``(A) the expansion and extension of the project
would be beneficial to medicare-eligible military
retirees and dependents; and
``(B) the requirements with respect to the project
are being met on the date of the determination and will
continue to be met if the project is expanded and
extended pursuant to this subsection.
``(2) Time for determination.--The determination regarding
the expansion and extension of the demonstration project
pursuant to paragraph (1) shall be made between July 1, 1999,
and January 1, 2000.
``(3) Applicable rules for expansion and extension.--If the
administering Secretaries determine pursuant to paragraph (1)
to expand and extend the demonstration project, the following
rules shall apply to such expansion and extension:
``(A) Expansion of sites.--The number of
demonstration project sites may be expanded by the
administering Secretaries from no more than 6 sites
(pursuant to subsection (b)(2)) to no more than 15
sites, with such additional sites to be designated
jointly by the administering Secretaries after review
of all TRICARE regions.
``(B) Duration of extension.--
``(i) In general.--Subject to clause (ii),
the administering Secretaries may extend the
duration of the demonstration project under
subsection (b)(4) by 1 or 2 years.
``(ii) Limitation.--The administering
Secretaries may not extend the duration of the
project pursuant to clause (i) unless the
administering Secretaries expand the project
pursuant to subparagraph (A) to include at
least 7 sites.
``(C) Revision of operating agreement.--Not later
than 30 days after the date that the administering
Secretaries determine to expand and extend the
demonstration project pursuant to this subsection, the
administering Secretaries shall--
``(i) revise the agreement entered into
under subsection (b)(1) to reflect such
expansion (and extension, if applicable); and
``(ii) submit a copy of the revised
agreement to the committees of Congress with
jurisdiction over the demonstration project.
The revised agreement shall include a detailed
description of the rationale behind the determination
by the administering Secretaries to expand (and extend,
if applicable) the demonstration project pursuant to
this subsection.
``(D) Cap on amount of reimbursements.--
``(i) Expansion of sites.--If the
administering Secretaries determine pursuant to
subparagraph (A) to expand the number of
demonstration project sites, the administering Secretaries may revise
the maximum amount to be reimbursed under subsection (i)(4)(C) for
calendar year 2000.
``(ii) Extension of duration.--If the
duration of the demonstration project is
extended under this subsection to any calendar
year beginning after 2000, the aggregate amount
to be reimbursed under subsection (i) for such
year pursuant to the agreement entered into
between the administering Secretaries under
subsection (b) and revised pursuant to
subparagraph (C) shall not exceed an amount
determined appropriate by the administering
Secretaries.
``(E) Evaluation and reports by Comptroller
General.--If the administering Secretaries extend the
duration of the demonstration project under this
subsection, the Comptroller General of the United
States shall continue to perform all evaluations and
submit all reports required under this section during
the period that the demonstration project is operating
by reason of such extension, except that the final
report required to be submitted pursuant to subsection
(k)(1) shall be submitted by not later than 6 months
after the date that the demonstration project ends.
``(F) Terms and conditions of project.--All terms
and conditions for operating the demonstration project
under this section shall apply to any expansion and
extension of the demonstration project pursuant to this
subsection.
``(m) Information Regarding Medicare +Choice and Medigap
Protections.--
``(1) In general.--The administering Secretaries shall take
all appropriate steps necessary in order to provide medicare-
eligible military retirees and dependents participating in the
demonstration project with information regarding the applicable
statutory protections for such retirees and dependents who no
longer participate in the demonstration project.
``(2) Applicable statutory protections.--For purposes of
paragraph (1), the term `applicable statutory protections'
means protections regarding--
``(A) open enrollment periods for enrollment in
Medicare+Choice plans under section 1851(e) that are
applicable to such retirees and dependents; and
``(B) enrollment protections for medicare
supplemental policies under section 1882(s) that are
applicable to such retirees and dependents.''.
(b) Change in Date for Submission of Report On Extension and
Expansion of Demonstration Project.--Section 1896(k)(2) of the Social
Security Act (42 U.S.C. 1395ggg(k)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Not later than 6 months after the date of the submission of
the final report by the Comptroller General of the United
States under paragraph (1)'' and inserting ``Not later than
January 1, 2001'';
(2) in subparagraph (A), by inserting ``beyond any
expansion carried out under this section pursuant to subsection
(l)'' after ``could be expanded'';
(3) in subparagraph (B), by inserting ``beyond any
extension carried out under this section pursuant to subsection
(l)'' after ``demonstration project''; and
(4) in subparagraph (C), by inserting ``beyond any
extension or expansion carried out under this section pursuant
to subsection (l)'' before the period at the end. | Amends the Social Security Act to authorize the Secretaries of Health and Human Services and Defense (administering Secretaries) to expand and extend the Medicare subvention demonstration project for military retirees (a project providing reimbursement to the Secretary of Defense for Medicare health care services furnished to Medicare-eligible military retirees through the Department of Defense) if the administering Secretaries determine that: (1) such expansion and extension would be beneficial to such retirees and their dependents; and (2) project requirements are being met and will continue to be met if the project is expanded and extended. Requires the determination of such expansion and extension to be made between July 1, 1999, and January 1, 2000. Provides expansion rules and allows the administering Secretaries to extend the project by one or two years.
Requires: (1) revision of the original operating agreement to reflect such expansion and extension, including an increase in the maximum reimbursement amount under the project; and (2) continued project evaluations and reports by the Comptroller General.
Directs the administering Secretaries to provide retirees and dependents participating in the project with information regarding the applicable statutory protections for individuals who no longer participate in the project.
Extends until January 1, 2001, the required date for the submission of a report from the administering Secretaries to Congress regarding the extension and expansion of the project. | {"src": "billsum_train", "title": "A bill entitled the \"Military Retiree Health Care Act of 1999\"."} | 1,433 | 291 | 0.736656 | 2.184582 | 0.787164 | 2.817829 | 4.790698 | 0.864341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Waste Flow Control
Transition Act of 1995''.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT
CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS.
Subtitle D of the Solid Waste Disposal Act is amended by adding
after section 4010 the following new section:
``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT
CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS.
``(a) Authority.--Each State and each political subdivision thereof
is authorized to exercise flow control authority for municipal solid
waste, and recyclable materials voluntarily relinquished by the owner
or generator of such materials, generated within its jurisdiction
directing such municipal solid waste or recyclable materials to one or
more waste management facilities or facilities for recyclable
materials, if such flow control authority--
``(1) is imposed pursuant to a law, ordinance, regulation,
or other legally binding provision or official act of the State
or political subdivision in effect on May 15, 1994; and
``(2) has been implemented by designating before May 15,
1994, the particular waste management facilities in operation
as of May 15, 1994, to which the municipal solid waste or
recyclable materials must be delivered.
The authority of this section shall only extend to the specific
classes, categories, volumes or sources of municipal solid waste to
which flow control authority requiring a movement to one or more waste
management facilities was actually applied on May 15, 1994 (or, in the
case of a State or political subdivision that qualifies under
subsection (b), to the specific classes or categories of municipal
solid waste for which the State or political subdivision prior to May
15, 1994, had committed to the designation of one or more waste
management facilities). With regard to facilities granted flow control
authority pursuant to subsection ``b'', if the specific classes or
categories of municipal solid waste are not clearly identified, the
authority of this section shall apply only to municipal solid waste
generated by households. With respect to each designated facility, the
authority of subsections (a) and (b) shall be effective for the
remaining life of a contract between the State or political subdivision
and any other person for the movement or delivery of such waste or
recyclable materials (as in effect May 15, 1994), or until completion
of the original schedule for payment of the capital costs of the
facility concerned (as in effect May 15, 1994). With respect to any
facility to which a local government was directing waste as of May 15,
1994, pursuant to a law or ordinance of the State or political
subdivision in effect on May 15, 1994, the authority of this section
shall be effective for the remaining life of a contract between the
State or political subdivision and any other person for the movement or
delivery of such waste or recyclable materials (as in effect May 15,
1994) or until completion of the original schedule for payment of the
capital costs of the facility concerned (as in effect May 15, 1994).
``(b) Commitment to Construction.--Notwithstanding the restrictions
in subsection (a) (1) and (2), any political subdivision of a State may
be granted the flow control authority in subsection (a), if--
``(1) the law, ordinance, regulation, or other legally
binding provision specifically provides for flow control
authority for municipal solid waste generated within its
boundaries and was in effect as of May 15, 1994; and
``(2) such political subdivision has taken action prior to
May 15, 1994, to commit to the designation of one or more waste
management facilities for such method of transportation or
disposal of municipal solid waste selected under such law,
ordinance, regulation, plan, or legally binding provision. Such
a commitment to the designation of one or more waste management
facilities is demonstrated by one or more of the following factors:
``(A) All required permits for the construction of
such facility were trained prior to May 15, 1994.
``(B) Contracts for the construction of such
facility were ratified and executed in effect prior to
May 15, 1994.
``(C) Revenue bonds were presented for sale to
specifically provide revenue for the construction of
such facility prior to May 15, 1994.
``(D) The State or political subdivision submitted
to the appropriate regulatory agency or agencies, on or
before May 16, 1994, administratively complete permit
applications for the construction and operation of the
waste management facility.
``(c) Retained Authority.--Upon the request of any generator of
municipal solid waste affected by this section, the State or political
subdivision shall authorize the diversion of all or a portion of the
solid wastes generated by the generator making such request to a solid
waste facility, other than the facility or facilities originally
designated by the political subdivision, where the purpose of such
request is to provide a higher level of protection for human health and
the environment or to indemnify or reduce potential future liability
under Federal or State law of such generator for the management of such
wastes, unless the state or political subdivision determines that the
facility to which the municipal solid waste is being diverted does not
provide a higher level of protection for human health and the
environment or does not indemnify or reduce the potential future
liability under Federal or State law of such generator for the
management of such wastes. Requests shall include information on the
environmental suitability of the proposed alternative treatment or
disposal facility and method, compared to that of the designated
facility and method.
``(d) Reasonable Regulation of Commerce.--A law, ordinance,
regulation, or other legally binding provision or official act of a
State or political subdivision, described in subsection (a) or (b),
that implements flow control authority in compliance with this section
shall be considered to be a reasonable regulation of commerce and shall
not be considered to be an undue burden on or otherwise as impairing,
restraining, or discriminating against interstate commerce.
``(e) Flow Control Study.--The Administrator, in cooperation with
the National Academy of Public Administration and the Secretary of the
Treasury, shall conduct a study of the extent to which the decision of
the United States Supreme Court in C&A Carbone v Clarkstown, New York
has affected the ability of public and private agencies and entities to
secure or retain financing for solid waste management facilities or
services. Such study shall address whether such decision is likely to
interfere with the implementation of State solid waste management
plans, and whether such decision is likely to affect recycling or
composting. The Administrator shall submit a report on such study to
the Congress, together with recommendations for needed legislation, if
any, not later than March 31, 1996.
``(f) Effect on Existing Laws and Contracts.--
``(1) Environmental laws.--Nothing in this section shall be
interpreted or construed to have any effect on any other law
relating to the protection of human health and the environment,
or the management of municipal solid waste or recyclable
materials.
``(2) State law.--Nothing in this section shall be
interpreted to authorize a political subdivision to exercise
the flow control authority granted by this section in a manner
inconsistent with State law.
``(3) Ownership of recyclable materials.--Nothing in
this section shall authorize any State or political subdivision to
require any generator or owner of recyclable materials to transfer any
recyclable materials to such State or political subdivision, nor shall
prohibit any generator or owner of recyclable materials from selling,
purchasing, accepting, conveying, or transporting any recyclable
materials for purposes of transformation or remanufacture into usable
or marketable materials, unless the generator or owner voluntarily made
such recyclable materials available to the State or political
subdivision and relinquished any rights to, or ownership of, such
recyclable materials.
``(g) Definitions.--For the purposes of this section--
``(1) Municipal solid waste.--The term `municipal solid
waste' means, subject to the limitations of subsection (a), any
solid waste generated by the general public or by households
(including single residences and multifamily residences of up
to 4 units) and from commercial, institutional, and industrial
sources, consisting of paper, wood, yard waste, plastics,
leather, rubber, and other combustible materials and
noncombustible materials such as metal and glass, including
residue remaining after recyclable materials have been
separated from waste destined for disposal, and including waste
material removed from a septic tank, septage pit, or cesspool
(other than from portable toilets), except that the term does
not include--
``(A) any waste identified or listed as a hazardous
waste under section 3001 of this Act or waste regulated
under the Toxic Substances and Control Act;
``(B) any waste, including contaminated soil and
debris, resulting from response taken under section 104
or 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or any
corrective action taken under this Act;
``(C) construction and demolition debris;
``(D) medical waste listed in section 11002 of this
Act;
``(E) industrial waste generated by manufacturing
or industrial processes, including waste generated
during scrap processing and scrap recycling;
``(F) recyclable materials; or
``(G) sludge.
``(2) Recyclable materials.--The term `recyclable
materials' means any materials that have been separated from
waste otherwise destined for disposal (either at the source of
the waste or at processing facilities) or that have been
managed separately from waste destined for disposal, for the
purpose of recycling, reclamation, composting of organic
materials such as food and yard waste, or reuse (other than for
the purpose of incineration). Materials shall be deemed
`recyclable materials' for the purpose of subsection (a) only
if the generator or owner of the materials voluntarily made the
materials available to the State or political subdivision (or
the designee of the State or political subdivision) and
relinquished any rights to, or ownership of, such materials,
and the State or political subdivision (or such designee)
assumes such rights to, or ownership of, such materials.
``(3) Waste management facility.--The term `waste
management facility' means any facility collecting, separating,
storing, transporting, transferring, treating, processing,
combusting, or disposing of municipal solid waste.
``(4) Flow control authority.--The term `flow control
authority' means the authority to control the movement of solid
waste or recyclable materials and direct such solid waste or
recyclable materials to one or more designated waste management
facilities or facilities for recyclable materials.
(5) Designate; designation.--The terms `designate',
`designated', `designating', and `designation' mean a
requirement of a State or political subdivision, and the act of
a State or political subdivision, to require that all or any
portion of the municipal solid waste or recyclable materials
that is generated within the boundaries of the State or
political subdivision be delivered to a waste management
facility or facility for recyclable materials identified by the
State or political subdivision.''.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents for Subtitle D of the Solid Waste Disposal
Act is amended by adding the following new item after the item relating
to section 4010:
``Sec. 4011. Congressional authorization of State and local government
control over movement of municipal solid
waste and recyclable materials.'' | Municipal Waste Flow Control Transition Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority for municipal solid waste, and recyclable materials voluntarily relinquished by the owner or generator, generated in their jurisdictions directing such waste and materials to waste management facilities or recyclables facilities if such authority: (1) is exercised pursuant to a law, regulation, or other legally binding provision in effect on May 15, 1994; and (2) has been implemented by designating before such date the particular waste facilities in operation as of such date to which the waste or recyclable materials must be delivered.
Limits such authority to categories, volumes, or sources of waste to which flow control authority requiring a movement to a facility was actually applied on May 15, 1994, or to the specific categories for which a State or political subdivision, prior to such date, had committed to the designation of a facility. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed.
Permits States or political subdivisions, upon the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility where such diversion would provide a higher level of health and environmental protection or indemnify or reduce potential liability of the generator under Federal or State law.
Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce.
Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C&A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting. | {"src": "billsum_train", "title": "Municipal Waste Flow Control Transition Act of 1995"} | 2,496 | 433 | 0.749269 | 2.386611 | 0.792911 | 4.025641 | 6.130769 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Best Buddies Empowerment for People
with Intellectual Disabilities Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by establishing
meaningful friendships between them and their non-disabled
peers in order to help increase the self-esteem, confidence,
and abilities of people with and without intellectual
disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated employment.
(5) Best Buddies is an international organization spanning
1,300 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 350,000 individuals in 2008 and expects to
impact 500,000 people by 2010.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and creates 1-to-1 friendships between
them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other high
school students and creates 1-to-1 friendships between them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates 1-
to-1 friendships between them.
(10) The Best Buddies e-Buddies program creates e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
individuals in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(b) Purpose.--The purposes of this Act are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary gifts of people with
intellectual disabilities.
SEC. 3. ASSISTANCE FOR BEST BUDDIES.
(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with, Best
Buddies to carry out activities to promote the expansion of Best
Buddies, including activities to increase the participation of people
with intellectual disabilities in social relationships and other
aspects of community life, including education and employment, within
the United States.
(b) Limitations.--
(1) In general.--Amounts appropriated to carry out this Act
may not be used for direct treatment of diseases, medical
conditions, or mental health conditions.
(2) Administrative activities.--Not more than 5 percent of
amounts appropriated to carry out this Act for a fiscal year
may be used for administrative activities.
(c) Rule of Construction.--Nothing in this Act shall be construed
to limit the use of non-Federal funds by Best Buddies.
SEC. 4. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 3(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out
under the grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and
objectives to be achieved through activities carried
out under the grant, contract, or cooperative
agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 3(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing such
information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has been
made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements under
section 3(a), $10,000,000 for fiscal year 2009, and such sums as may be
necessary for each of the 4 succeeding fiscal years. | Best Buddies Empowerment for People with Intellectual Disabilities Act of 2008 - Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of its programs. | {"src": "billsum_train", "title": "A bill to provide assistance to Best Buddies to support the expansion and development of mentoring programs, and for other purposes."} | 1,007 | 64 | 0.672184 | 1.897156 | 1.224429 | 3.703704 | 17.833333 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Borderlands Conservation and
Security Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The United States-Mexico border area contains a high
concentration of protected Federal lands, including National
Parks, National Monuments, National Wildlife Refuges, National
Forests, and Wilderness Areas. These lands are of significant
ecological, educational, historic, cultural, recreational and
economic value to the United States and its people.
(2) The United States and Mexico have collaborated to
address shared conservation and security issues, including
migratory, imperiled, and invasive species, border operations
and security, cultural resources, and trans-boundary pollution.
(3) Federal lands and resources along the United States-
Mexico border have suffered extensive damage from the effects
of unauthorized immigration, human and drug smuggling, and
border enforcement activities.
(4) Increased coordination and planning between the
Department of Homeland Security and Federal land management
agencies can help avoid and mitigate damage to Federal lands
and resources along the United States-Mexico border while
improving border security.
(b) Purposes.--The purposes of this Act are to provide a means
whereby the Federal lands and resources along the United States-Mexico
border are provided the highest protection possible from the effects of
unauthorized immigration, human and drug smuggling, and border
enforcement activities, while ensuring that all operations necessary to
achieve border security are undertaken.
SEC. 3. DEFINITIONS.
(a) Protected Land.--The term ``protected land'' means land under
the jurisdiction of the Secretary concerned.
(b) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(c) Secretary Concerned.--The term ``Secretary concerned'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 4. PROTECTION OF BORDERLAND ENVIRONMENT.
(a) Border Protection Strategy.--
(1) In general.--Not later than May 30, 2008, the
Secretary, the Secretary of the Interior, and the Secretary of
Agriculture shall jointly develop a border protection strategy
that supports the border security needs of the United States in
the manner that best protects--
(A) units of the National Park System;
(B) National Forest System land;
(C) land under the jurisdiction of the Bureau of
Land Management;
(D) land under the jurisdiction of the United
States Fish and Wildlife Service; and
(E) other relevant land under the jurisdiction of
the Department of the Interior or the Department of
Agriculture.
(2) Tribal lands.--The Secretary, in consultation with
Tribal officials, shall jointly develop a border protection
strategy for tribal lands along the United States-Mexico
border.
(b) Required Training.--The Secretary, in cooperation with the
Secretary concerned, shall provide--
(1) Federal land resource training for Customs and Border
Protection agents assigned to patrol protected land; and
(2) cultural resource training for Customs and Border
Protection agents assigned to patrol tribal lands.
(c) Coordination.--In providing training for Customs and Border
Protection agents under subsection (b)(1), the Secretary shall
coordinate with the Secretary concerned to ensure that the training is
appropriate to the mission of the relevant agency of the Department of
the Interior or the Department of Agriculture to minimize the adverse
impact on natural and cultural resources from border enforcement
activities.
(d) Inventory of Costs and Activities.--The Secretary concerned
shall develop and submit to the Secretary an inventory of costs
incurred by the Secretary concerned relating to illegal border activity
and border enforcement activities, including the cost of--
(1) infrastructure;
(2) equipment;
(3) training;
(4) recurring maintenance;
(5) construction of facilities;
(6) restoration of natural and cultural resources;
(7) recapitalization of facilities; and
(8) operations.
(e) Recommendations.--The Secretary shall--
(1) develop joint recommendations with the Secretary of the
Interior and the Secretary of Agriculture for an appropriate
cost recovery mechanism relating to items identified in
subsection (d); and
(2) not later than May 30, 2008, submit to the appropriate
congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)), including the
Subcommittee on National Parks of the Senate and the
Subcommittee on National Parks, Forests, and Public Lands of
the House of Representatives, the recommendations developed
under paragraph (1).
SEC. 5. BORDER BARRIER CONSTRUCTION.
(a) Fencing and Other Barriers on Public Lands.--Section 102(b)(1)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``the Secretary of Homeland Security shall
provide for least 2 layers of reinforced fencing, the
installation of additional physical barriers, roads, lighting,
cameras, and sensors--'' and inserting ``the Secretary of
Homeland Security, in consultation with the Secretary of
Agriculture, the Secretary of the Interior, or the heads of
other Federal agencies, as appropriate, and State, local, and
tribal officials, shall provide for fencing, vehicle barriers,
roads, lighting, cameras, sensors, or other surveillance and
barrier tools as necessary--'';
(2) in subparagraph (B)(i), by striking ``2007'' and
inserting ``2008''; and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) Manner of construction.--In carrying out the
requirements of subsection (a), the Secretary of
Homeland Security shall, where practicable, prioritize
the use of unmanned aerial vehicles, remote cameras,
sensors, vehicle barriers, or other low impact border
enforcement techniques on lands under the jurisdiction
of the Secretary of Agriculture, the Secretary of the
Interior, or other Federal agencies.''.
(b) Applicability of Existing Laws.--Section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note), is repealed.
(c) Federal Lands.--In fulfilling the requirements of section
102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 as amended by subsection (a), the Secretary
of Homeland Security shall not commence any construction of fencing on
any lands under the jurisdiction of the Secretary of Agriculture or the
Secretary of the Interior prior to the submission to Congress by the
Secretary of Homeland Security of the Border Protection Strategy
mandated by section 4(a) of this Act.
SEC. 6. BORDERLANDS CONSERVATION FUND.
(a) In General.--The Secretary shall--
(1) establish a program to provide financial assistance for
projects consistent with the goal of improved management of
ecologically sensitive or listed species, improved wildlife
habitat to aid in the management of these species, and
mitigating the impacts of border enforcement, human and drug
smuggling, and unauthorized immigration on these species,
pending approval of project applications; and
(2) subject to the availability of funds, award grants to
eligible organizations to promote conservation of these
species.
(b) Definitions.--
(1) In this section:
(A) Conservation.--The term ``conservation'' means
the use of methods and procedures necessary to prevent
the diminution of, and to sustain viable populations of
species that occur in the United States--Mexico
borderlands. This includes all activities associated
with the protection and management of wildlife species
of the borderland region and with the protection of the
habitat upon which they depend.
(B) Fund.--The term ``fund'' means the Borderland
Conservation Fund established in this section.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(c) Project Proposals.--
(1) Submission of proposals.--A proposal for a project for
the conservation of species identified in this Act may be
submitted to the Secretary by--
(A) any local wildlife management authority in the
United States or Mexico; and
(B) any person or non-governmental organization
with the demonstrated ability and experience working
with the taxa for which a proposal is submitted.
(2) Elements.--A proposal submitted under paragraph (1)
shall contain the following elements:
(A) A concise statement of the proposed action that
includes a statement of need and benefits to the
species to be achieved by the project proposal.
(B) An outline of methods to be used to accomplish
the tasks outlined in the project proposal.
(C) The name of the project applicant and their
affiliation.
(D) An estimate of the cost and time frame for
project completion.
(E) Identification of all mechanisms to ensure
local involvement in the project.
(F) Assurances that the project has received
endorsement of the responsible wildlife management
authority and other appropriate authorities.
(G) Information on the source and amount of any
matching funds to be used for completion of the
project.
(d) Project Review and Approval.--The Secretary shall--
(1) establish a protocol for soliciting and reviewing
proposals for Borderland Conservation Fund monies; and
(2) within the framework established by the Secretary, call
for proposals in all years when funds are available in the
Borderland Conservation Fund.
(e) Criteria for Approval.--To be eligible for approval, a project
must enhance conservation of wildlife species and their habitat by
assisting efforts to--
(1) develop sound scientific information on--
(A) population trends for approved wildlife
species;
(B) identification of threats to wildlife
populations or the habitat upon which they depend,
particularly due to border security measures,
construction, enforcement, or illegal activity; and
(C) identification of methods to improve habitat
conditions or to improve the status of the wildlife
species, particularly those impacted by border security
measures, construction, enforcement, or illegal
activity;
(2) implement species or habitat conservation plans;
(3) promote cooperation among local citizens, wildlife and
habitat management agencies, and nongovernmental organizations
in programs that would be approved under this Act; and
(4) build local capacity to implement scientifically sound
wildlife or habitat management programs.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects with matching non-Federal funds.
(g) Project Reporting.--
(1) Recipient reports.--In any year for which a recipient
is awarded funds under this Act, the recipient shall submit a
report to the Secretary that outlines significant
accomplishments of the project, significant deviations from the
approved project proposal, and financial expenditures related
to the project for that year.
(2) Secretarial reports.--The Secretary shall submit an
annual report to Congress outlining accomplishments under this
Act related to the improved conservation of borderland
resources.
(h) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Borderland Conservation Fund'' consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Borderland Conservation Fund;
(2) amounts appropriated to the fund; and
(3) any interest earned on investments from funds held
within the fund.
(i) Expenditures From the Fund.--
(1) In general.--Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury shall transfer
from the Borderland Conservation Fund to the Secretary, without
further appropriation, such amounts as the Secretary determines
necessary to carry out projects under this Act.
(2) Administrative expenses.--Of the amounts in the account
available for each fiscal year, the Secretary may expend not
more than 3 percent or $80,000, whichever is greater, of the
fund balance annually to pay the administrative expenses
necessary to carry out this Act.
(3) Focus.--Not less than 30 percent of the amounts made
available to the fund for each fiscal year shall be expended
for projects carried out in Mexico.
(j) Investments of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
amounts in the fund that are not, in the judgment of the
Secretary of the Treasury, required to meet withdrawals.
Investments may be made only in interest-bearing obligations of
the United States.
(2) Acquisitions of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
fund shall be credited to and form a part of the fund.
(k) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(l) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the fund through the Secretary $5,000,000 for each of
fiscal years 2009 through 2013. | Borderlands Conservation and Security Act of 2007 - Requires: (1) not later than May 30, 2008, development of a border protection strategy that supports U.S. border security needs in the manner that best protects units of the National Park System, National Forest System land, Bureau of Land Management (BLM) land, U.S. Fish and Wildlife Service (USFWS) land, and other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture; and (2) development of a border protection strategy for tribal lands along the U.S.-Mexico border.
Requires provision of: (1) federal land resource training for Customs and Border Protection agents assigned to patrol protected land; and (2) cultural resource training for such agents assigned to patrol tribal lands.
Requires: (1) the Secretaries of Agriculture and Interior to submit to the Secretary of Homeland Security an inventory of costs incurred related to illegal border activity and border enforcement activities, including the cost of identified items; and (2) the development of recommendations for a cost recovery mechanism related to such items.
Establishes a program for: (1) providing financial assistance for projects to improve management of ecologically sensitive or listed species, improving wildlife habitat to aid in their management, and mitigating the impacts of border enforcement, human and drug smuggling, and unauthorized immigration on them; and (2) awarding grants to eligible organizations to promote conservation of such species.
Establishes the Borderland Conservation Fund to carry out projects under this Act. | {"src": "billsum_train", "title": "To secure and conserve Federal public lands and natural resources along the international land borders of the United States, and for other purposes."} | 3,021 | 321 | 0.676687 | 1.844848 | 0.748533 | 4.446367 | 9.892734 | 0.937716 |
.
(a) Arbitration.--
(1) In general.--The Secretary shall establish within the
Forest Service an arbitration program as an alternative dispute
resolution process in lieu of judicial review for the projects
described in subsection (b).
(2) Notification to objectors.--On issuance of an appeal
response to an objection filed with respect to an ecosystem
restoration project subject to an objection at the project
level under part 218 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act), the
Secretary shall notify each applicable individual or entity
that submitted the objection (referred to in this section as
the ``objector'') that any further appeal may be subject to
arbitration in accordance with this section.
(b) Description of Projects.--The Secretary, at the sole discretion
of the Secretary, may designate the following types of ecosystem
restoration projects for arbitration:
(1) Projects developed through a collaborative process
(within the meaning of section 603(b)(1)(C) of the Healthy
Forest Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C))).
(2) Projects identified in a community wildfire protection
plan.
(3) For each applicable calendar year, not more than 2
other types of ecosystem restoration projects for each region
of the Forest Service.
(c) Arbitrators.--
(1) Appointment.--The Secretary shall develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the program under this section.
(2) Qualifications.--In order to be eligible to serve as an
arbitrator under this subsection, an individual shall be
currently certified by the American Arbitration Association.
(d) Initiation of Arbitration.--
(1) In general.--Not later than 7 days after the date of
receipt of a notice of intent to file suit challenging an
ecosystem restoration project, the Secretary shall notify each
applicable objector and the court of jurisdiction that the
project has been designated for arbitration in accordance with
this section.
(2) Demand for arbitration.--
(A) In general.--An objector that sought judicial
review of an ecosystem restoration project that has
been designated by the Secretary for arbitration under
this section may file a demand for arbitration in
accordance with--
(i) sections 571 through 584 of title 5,
United States Code; and
(ii) this paragraph.
(B) Requirements.--A demand for arbitration under
subparagraph (A) shall--
(i) be filed not later than the date that
is 30 days after the date of the notification
by the Secretary under paragraph (1); and
(ii) include an alternative proposal to the
applicable ecosystem restoration project that
describes each modification sought by the
objector with respect to the ecosystem
restoration project.
(e) Selection of Arbitrator.--For each arbitration commenced under
this section, the Secretary and each applicable objector shall agree on
a mutually acceptable arbitrator from the list published under
subsection (c)(1).
(f) Responsibilities of Arbitrator.--
(1) In general.--An arbitrator selected under subsection
(e)--
(A) shall address each demand filed for arbitration
with respect to an ecosystem restoration project under
this section; but
(B) may consolidate into a single arbitration all
demands for arbitration by all objectors with respect
to an ecosystem restoration project.
(2) Selection of proposals.--An arbitrator shall make a
decision regarding each applicable demand for arbitration under
this section by selecting--
(A) the ecosystem restoration project, as approved
by the Secretary; or
(B) an alternative proposal submitted by the
applicable objector.
(3) Limitations.--
(A) Administrative record.--A decision of an
arbitrator under this subsection shall be based solely
on the administrative record for the ecosystem
restoration project.
(B) No modifications to proposals.--An arbitrator
may not modify any proposal contained in a demand for
arbitration of an objector under this section.
(g) Deadline for Completion of Arbitration.--Not later than 90 days
after the date on which a demand for arbitration is filed under
subsection (d)(2), the arbitration process shall be completed.
(h) Effect of Arbitration Decision.--A decision of an arbitrator
under this section--
(1) shall not be considered to be a major Federal action;
(2) shall be binding; and
(3) shall not be subject to judicial review, except as
provided in section 10(a) of title 9, United States Code.
SEC. 107. BONDING REQUIREMENTS FOR JUDICIAL REVIEW.
(a) Bond Requirement.--
(1) In general.--The judicial review of an action
challenging an ecosystem restoration project under this title
(referred to in this section as an ``action'') shall be subject
to the bonding requirements of this section.
(2) Bond or security.--
(A) In general.--As soon as practicable after the
date on which a complaint or appeal is filed to
initiate an action, each plaintiff shall post a bond or
other security acceptable to the court in an amount
equal to the anticipated costs, expenses, and attorney
fees of the Secretary as a defendant in the action, in
accordance with a reasonable estimate of the Secretary.
(B) Requirement.--All proceedings in an action
shall be stayed until the bond or security required
under subparagraph (A) is posted.
(b) Recovery of Litigation Costs, Expenses, and Attorney Fees.--
(1) Motion for payment.--If the Secretary prevails in an
action, the Secretary shall submit to the court a motion for
payment from the bond or other security posted under subsection
(a), of the reasonable costs, expenses, and attorney fees
incurred by the Secretary as a defendant in the action.
(2) Maximum recovery.--The total amount of costs, expenses,
and attorney fees recovered by the Secretary under paragraph
(1) may not exceed the amount of the bond or other security
posted in the action.
(3) Return remainder.--Any funds remaining from the bond or
other security posed under subsection (a) after the payment of
costs, expenses, and attorney fees under paragraph (1) shall be
returned to the plaintiff that posted the bond or security in
the action.
(c) Return of Bond to Prevailing Plaintiff.--If the applicable
court rules, in a final enforcement judgment, in favor of a plaintiff
on all causes of each action of the plaintiff, the court shall return
to the plaintiff any bond or security posted by the plaintiff under
subsection (a), plus any interest accruing during the period beginning
on the date on which the bond or security was posted.
(d) Effect of Settlement.--
(1) In general.--If an action in which a bond or security
was posted is resolved by settlement between the Secretary and
the plaintiff, the settlement agreement may provide for sharing
of the costs, expenses, and attorney fees incurred by the
parties to the action.
(2) Deferral.--A settlement agreement under paragraph (1)
may defer the resolution of costs, expenses, and attorney fees
to--
(A) further negotiation; or
(B) decision by the court.
SEC. 108. PERFORMANCE MEASURES; ANNUAL REPORTS.
(a) Performance Measures.--The Secretary shall annually evaluate
the degree to which the Secretary is achieving--
(1) the purposes of this title, including--
(A) the number of acres covered by ecosystem
restoration projects;
(B) the number of acres treated by mechanical
methods under ecosystem restoration projects;
(C) the number of acres treated using stewardship
contracts and stewardship agreements under ecosystem
restoration projects;
(D) the number of acres treated using timber sales
under ecosystem restoration projects;
(E) the number of acres treated by prescribed fire,
mowing, and other noncommercial product producing
activities under ecosystem restoration projects; and
(F) to the extent practicable, a summary of acres
receiving more than 1 type of treatment; and
(2) the acreage requirements established under section
104(a).
(b) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives--
(1) a report that describes, with respect to the preceding
year, the results of evaluations using the performance measures
described in subsection (a); and
(2) a report that describes, with respect to the preceding
year--
(A) the number and substance of ecosystem
restoration projects that are subject to arbitration
under section 106; and
(B) the outcomes of the arbitrations under that
section.
TITLE II--CATEGORICAL EXCLUSIONS
SEC. 201. DEFINITIONS.
In this title:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak),
or any fire, flood, or explosion, regardless of cause.
(2) Categorical exclusion.--The term ``categorical
exclusion'' means an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a project or activity relating to the management of
National Forest System land.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System land by which a project or activity is
developed and implemented by the Secretary through
collaboration with interested persons, as described in section
603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591b(b)(1)(C)).
(4) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System land, consistent
with the forest plan covering that land.
(5) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service for a
unit of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(6) Salvage operation.--The term ``salvage operation''
means a forest management activity carried out in response to a
catastrophic event, the primary purpose of which is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a reburn of the fire-impacted
area;
(B) to provide an opportunity for use of forest
materials damaged as a result of the catastrophic
event; or
(C) to provide a funding source for reforestation
and other restoration activities for the National
Forest System land impacted by the catastrophic event.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture (acting through the Chief of the Forest
Service).
SEC. 202. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a forest
management activity on National Forest System land in any case in which
the primary purpose of the forest management activity is--
(1) to address an insect or disease infestation;
(2) to treat land at risk of insect or disease infestation;
(3) to reduce hazardous fuel loads;
(4) to protect a municipal water source;
(5) to maintain, enhance, or modify critical habitat to
protect the habitat from catastrophic disturbances;
(6) to increase water yield; or
(7) any combination of the purposes specified in paragraphs
(1) through (6).
(b) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion granted by
subsection (a) may not contain harvest units exceeding a total
of 5,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion granted by subsection (a)
may not contain harvest units exceeding a total of 15,000 acres
if the forest management activity is--
(A) developed through a collaborative process;
(B) proposed by a resource advisory committee (as
defined in section 201 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7121)); or
(C) covered by a community wildfire protection
plan.
SEC. 203. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a salvage
operation as part of the restoration of National Forest System land
following a catastrophic event.
(b) Acreage Limitations.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not contain harvest
units exceeding a total of 5,000 acres.
(c) Additional Requirements.--
(1) Road construction.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not include
any permanent road construction.
(2) Stream buffers.--A salvage operation covered by the
categorical exclusion granted by subsection (a) shall comply
with the standards and guidelines for stream buffers contained
in the applicable forest plan, unless the standards and
guidelines are modified for a specific salvage operation as
part of a categorical exclusion by the Regional Forester.
(3) Reforestation plan.--A reforestation plan shall be
developed under section 3 of the Act of June 9, 1930 (commonly
known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b), as
part of a salvage operation covered by the categorical
exclusion granted by subsection (a).
SEC. 204. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a forest
management activity on National Forest System land in any case in which
the primary purpose of the forest management activity is to modify,
improve, enhance, or create early successional forests for wildlife
habitat improvement and other purposes, in accordance with the
applicable forest plan.
(b) Acreage Limitations.--A forest management activity covered by
the categorical exclusion granted by subsection (a) may not contain
harvest units exceeding a total of 5,000 acres.
SEC. 205. ALTERNATIVE AGENCY CONSULTATION PROCEDURES.
(a) Forest Management Activities.--
(1) In general.--Subject to paragraph (2), for each forest
management activity covered by a categorical exclusion granted
by this title, the Secretary shall satisfy the applicable
interagency consultation obligations under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) by achieving
compliance with the alternative consultation procedures
established in subpart D of part 402 of title 50, Code of
Federal Regulations (or successor regulations).
(2) References.--For purposes of this subsection, all
references contained in subpart D of part 402 of title 50, Code
of Federal Regulations (or successor regulations)--
(A) to the term ``U.S. Environmental Protection
Agency'' or ``EPA'' shall be considered to be a
reference to the Secretary; and
(B) to the term ``FIFRA action'' shall be
considered to be a reference to a forest management
activity covered by a categorical exclusion granted by
this title.
(b) Interim Timelines.--Until the date on which an alternative
consultation agreement under subpart D of part 402 of title 50, Code of
Federal Regulations (or successor regulations), is entered into with
respect to a forest management activity under subsection (a)--
(1) any formal or informal interagency consultation
regarding the forest management activity shall be completed by
not later than the date that is 30 days after the date on which
the Secretary submits a written request for consultation; and
(2) a biological opinion or letter of concurrence, as
appropriate, shall be issued by not later than the date that is
10 days after the date of completion of that consultation. | National Forest Ecosystem Improvement Act of 2015 This bill directs the Department of Agriculture (USDA), acting through the Forest Service, to identify, prioritize, and carry out ecosystem restoration projects on National Forest System land in accordance with applicable land and resource management plans, if any, to accomplish one or more of the following objectives: restore terrestrial habitat; sustain water quality, water flows, or watershed health and function; create, improve, or increase early seral habitat; carry out a needed timber stand improvement; reduce the risk or extent of insect or disease infestation; reduce wildland fire severity potential; implement a community wildfire protection plan; or establish, recover, or maintain ecosystem resiliency. USDA may not carry out an ecosystem restoration project on any area of System land in the National Wilderness Preservation System or on which removal of vegetation is prohibited by law. USDA must accomplish restoration treatments throughout the National Forest System on 1 million acres using certain mechanical treatment methods and on another 1 million acres using prescribed fire. USDA shall prepare an environmental assessment in accordance with the National Environmental Policy Act of 1969 (NEPA) for each ecosystem restoration project that accomplishes one or more objectives of this Act. USDA shall study, develop, and describe in each ecosystem restoration project both the proposed action and a no-action alternative. USDA shall establish within the Forest Service an arbitration program as an alternative dispute resolution process in lieu of judicial review for specified types of ecosystem restoration projects. The judicial review of an action challenging an ecosystem restoration project under this Act shall be subject to specified plaintiff bonding requirements. A categorical exclusion is made available to USDA for certain forest management activities in order to: (1) expedite specified critical response actions, (2) expedite salvage operations in response to catastrophic events, and (3) meet forest plan goals for early successional forests. (A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) For each forest management activity covered by a categorical exclusion granted by this title, USDA shall satisfy the interagency consultation obligations under the Endangered Species Act of 1973 by achieving compliance with certain alternative consultation procedures established by federal regulation. | {"src": "billsum_train", "title": "National Forest Ecosystem Improvement Act of 2015"} | 3,682 | 515 | 0.471608 | 1.573096 | 0.617616 | 2.30042 | 6.884454 | 0.80042 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in American Workers Act''.
SEC. 2. EMPLOYER-PROVIDED WORKER TRAINING CREDIT.
(a) In General.--
(1) Determination of credit.--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. 45T. EMPLOYER-PROVIDED WORKER TRAINING CREDIT.
``(a) In General.--For purposes of section 38, except as provided
in subsection (d), the employer-provided worker training credit under
this section for the taxable year is an amount equal to 20 percent of
the excess (if any) of--
``(1) the qualified training expenditures for such taxable
year, over
``(2) the average of the qualified training expenditures
(if any) for the 3 taxable years preceding such taxable year.
``(b) Qualified Training Expenditures.--For purposes of this
section--
``(1) Qualified training expenditures defined.--
``(A) In general.--The term `qualified training
expenditures' means any expenditures by an employer for
qualified training for any non-highly compensated
employee.
``(B) Exclusions.--The term `qualified training
expenditures' shall not include any amounts paid for
meals, lodging, transportation, or other services
incidental to expenditures described in subparagraph
(A).
``(2) Qualified training.--
``(A) In general.--The term `qualified training'
means training which results in the attainment of a
recognized postsecondary credential and which is
provided pursuant to one of the following:
``(i) An apprenticeship program which is
registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663), and is in an
emerging industry.
``(ii) An apprenticeship program which is
registered or approved by a recognized State
apprenticeship agency in accordance with
section 1 of such Act and which is in an
emerging industry.
``(iii) A program of training services
listed pursuant to section 122(d) of the
Workforce Innovation and Opportunity Act.
``(iv) A program which is conducted by an
area career and technical education school, a
community college, or a labor organization.
``(v) A program which is sponsored and
administered by an employer, industry trade
association, industry or sector partnership, or
labor organization.
``(B) Emerging industry.--The term `emerging
industry' means, for a taxable year, an industry that
comprises less than 30 percent of all civilian
apprentices registered with the Department of Labor for
the fiscal year ending in such taxable year.
``(C) Community college.--The term `community
college' means an institution which is a junior or
community college as defined in section 312(f) of the
Higher Education Act of 1965.
``(D) Labor organization.--The term `labor
organization' means a labor organization, within the
meaning of the term in section 501(c)(5) of the
Internal Revenue Code of 1986.
``(E) Industry trade association.--The term
`industry trade association' means an organization
which--
``(i) is described in paragraph (3) or (6)
of section 501(c) of the Internal Revenue Code
of 1986 and exempt from taxation under section
501(a) of such Code, and
``(ii) is representing an industry.
``(F) Other terms.--The terms `area career and
technical education school', `recognized postsecondary
credential', and `industry or sector partnership' have
the meanings given such terms, respectively, by section
3 of the Workforce Innovation and Opportunity Act.
``(3) Non-highly compensated employee.--The term `non-
highly compensated employee' means, with respect to an
employer, an employee whose--
``(A) compensation (as such term is defined in
section 415(c)(3)) from such employer for services
provided for the taxable year does not exceed $82,000,
and
``(B) rate of compensation, if applied to a full-
time employee for a year, would not exceed $82,000.
``(c) Special Rules.--
``(1) Special rule in case of no qualified training
expenditures in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The
credit under this section shall be determined under
this paragraph if the taxpayer has no qualified
training expenditures in any one of the 3 taxable years
preceding the taxable year for which the credit is
being determined.
``(B) Credit rate.--The credit determined under
this paragraph shall be equal to 10 percent of the
adjusted qualified training expenditures for the
taxable year.
``(2) Aggregation and allocation of expenditures, etc.--In
determining the amount of the credit under this section, rules
similar to the rules of paragraphs (1), (2), (3), (4), and (5)
of section 41(f) shall apply.
``(d) Election To Apply Credit Against Payroll Taxes.--
``(1) In general.--At the election of a qualified small
business (as defined in section 41(h)) or a qualified tax-
exempt organization (as defined in section 3111(e)(5)(A)) for
any taxable year, section 3111(g) shall apply to the payroll
tax credit portion of the credit otherwise determined under
subsection (a) for the taxable year and such portion shall not
be treated (other than for purposes of section 280C) as a
credit determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any taxpayer
for any taxable year is the least of--
``(A) the amount specified in the election made
under this subsection,
``(B) the credit determined under subsection (a)
for the taxable year (determined before the application
of this subsection), or
``(C) in the case of a qualified small business
other than a partnership or S corporation, the amount
of the business credit carryforward under section 39
carried from the taxable year (determined before the
application of this subsection to the taxable year).
``(3) Election.--
``(A) In general.--Any election under this
subsection for any taxable year--
``(i) shall specify the amount of the
credit to which such election applies,
``(ii) shall be made on or before the due
date (including extensions) of--
``(I) in the case of a partnership,
the return required to be filed under
section 6031,
``(II) in the case of an S
corporation, the return required to be
filed under section 6037, and
``(III) in the case of any other
taxpayer, the return of tax for the
taxable year, and
``(iii) may be revoked only with the
consent of the Secretary.
``(B) Limitations.--
``(i) Amount.--The amount specified in any
election made under this subsection shall not
exceed $250,000.
``(ii) Number of taxable years.--A person
may not make an election under this subsection
if such person (or any other person treated as
a single taxpayer with such person under
paragraph (5)(A)) has made an election under
this subsection for five or more preceding
taxable years.
``(C) Special rule for partnerships and s
corporations.--In the case of a partnership or S
corporation, the election made under this subsection
shall be made at the entity level.
``(4) Aggregation rules.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) all members of the same controlled
group of corporations shall be treated as a
single taxpayer, and
``(ii) all trades or businesses (whether or
not incorporated) which are under common
control shall be treated as a single taxpayer.
``(B) Special rules.--For purposes of this
subsection and section 3111(g)--
``(i) each of the persons treated as a
single taxpayer under subparagraph (A) may
separately make the election under paragraph
(1) for any taxable year, and
``(ii) the $250,000 amount under paragraph
(4)(B)(i) shall be allocated among all persons
treated as a single taxpayer under subparagraph
(A) in the same manner as under section
41(f)(1).
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of the limitations and aggregation rules under
this subsection,
``(B) regulations to minimize compliance and
recordkeeping burdens under this subsection, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(g) in cases where
there is a recapture or a subsequent adjustment to the
payroll tax credit portion of the credit determined
under subsection (a), including requiring amended
income tax returns in the cases where there is such an
adjustment.''.
(2) Credit part of general business credit.--Section 38(b)
of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (36), by striking the period
at the end of paragraph (37) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(38) the employer-provided worker training credit
determined under section 45T(a).''.
(3) Coordination with deductions.--Section 280C of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(j) Employer-Provided Worker Training Credit.--No deduction shall
be allowed for that portion of the expenses otherwise allowable as a
deduction taken into account in determining the credit under section
45T for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45T(a).''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45T. Employer-provided worker training credit.''.
(b) Credit Allowed Against Alternative Minimum Tax.--Subparagraph
(B) of section 38(c)(4) of the Internal Revenue Code of 1986 is
amended--
(1) by redesignating clauses (x), (xi), and (xii) as
clauses (xi), (xii), and (xiii), respectively; and
(2) by inserting after clause (ix) the following new
clause:
``(x) the credit determined under section
45T with respect to an eligible small business
(as defined in paragraph (5)(C), after
application of rules similar to the rules of
paragraph (5)(D)),''.
(c) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Credit for Worker Training Expenses.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 45S(e) for a taxable year, there
shall be allowed as a credit against the tax imposed by
subsection (a) for the first calendar quarter which begins
after the date on which the taxpayer files the return specified
in section 45S(e)(4)(A)(ii) an amount equal to the payroll tax
credit portion determined under section 45S(e)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed
under chapter 1 for taxes imposed under subsection (a).''.
(d) Simplified Filing for Certain Small Businesses.--The Secretary
of the Treasury shall provide for a method of filing returns of tax and
information returns required under the Internal Revenue Code of 1986 in
a simplified format, to the extent possible, for employers with less
than $5,000,000 in annual gross receipts.
(e) Regulations Relating to Postsecondary Credentials.--Not later
than 1 year after the date of the enactment of this Act, the Secretary
of Labor, in consultation with the Secretary of the Treasury, shall
issue regulations or other guidance applying the definition of the term
``recognized postsecondary credential'' as provided in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Investing in American Workers Act This bill amends the Internal Revenue Code to allow a business-related tax credit for employers who increase worker training expenditures. The credit is equal to 20% of the excess of: (1) the qualified training expenditures for the year, over (2) the average of the qualified training expenditures for the three previous years. If the employer had no qualified training expenditures in any one of the three previous years, the credit is equal to 10% of the expenditures for the year. The credit applies to expenditures for the training of non-highly compensated employees (annual compensation does not exceed $82,000). The training must result in the attainment of a recognized postsecondary credential and be provided through: an apprenticeship program in an emerging industry; a program of training services that is included on a list of eligible training providers that states are required to maintain under the Workforce Innovation and Opportunity Act; a program which is conducted by an area career and technical education school, a community college, or a labor organization; or a program which is sponsored and administered by an employer, industry trade association, industry or sector partnership, or labor organization. Certain small businesses and tax-exempt organizations may apply the credit against payroll taxes, subject to specified limits and requirements. Eligible small businesses may also apply the credit against the alternative minimum tax. | {"src": "billsum_train", "title": "Investing in American Workers Act"} | 3,062 | 283 | 0.646034 | 1.86843 | 0.737701 | 3.405204 | 10.301115 | 0.877323 |
That chapter 59 of
title 10, United States Code, is amended by adding at the end thereof
the following new section:
``SEC. XX. VOLUNTARY SEPARATION FOR REASON OF OBJECTION TO MILITARY
POLICY ON HOMOSEXUALS.
``(a) Generally.--A member of the armed forces may request
separation from the armed forces under this section and, if found
eligible for separation under this section by the Secretary of the
military department concerned, such member shall be separated from
military service as provided for in this section.
``(b) Eligibility.--A member is eligible for separation under this
section if such member--
``(1) became a member of the armed forces on or before the
date on which the policy of the Department of Defense that was
in effect on May 11, 1993, that homosexuality is incompatible
with military service, was changed to a policy under which
homosexuality is not incompatible with military service;
``(2) has not incurred or accepted any new or additional
military service obligation on or after the date of such change
in such policy;
``(3) is not eligible to retire from the armed forces;
``(4) has not previously been approved for separation from
the armed forces under any other section of law; and
``(5) has religious, moral, or personal morale objections
to such change in such policy, and has filed within one year
after the date of such change in such policy a written request
to the Secretary concerned with voluntary separation under this
section because of such religious, moral, or personal morale
objections to such change in such policy.
``(c) Administration.--The Secretary concerned shall determine,
under such regulations as are deemed appropriate by such Secretary, if
a member who requests separation under this section is eligible for
separation under this section. In determining if such a member has met
the requirements of subsection (b)(5), a written request for voluntary
separation by such member that asserts the request is made because the
member has religious, moral, or personal morale objections to such
change in such policy will generally be sufficient to establish that
such member has met the requirements of that subsection. However, the
Secretary may consider such other information as he deems appropriate
in determining if such member's request for separation is because of
such objections, including any information that such member previously
has sought separation or relief from any military service obligation
for any other reason, information concerning whether such member has
previously expressed any opinion about such member's religious, moral,
or personal morale objections to such change in such policy, or any
information that such member has expressed a desire or intent to be
separated or relieved from any military service obligation for any
other reason.
``(d)(1) Active Duty Benefits.--A member who is separated under
this section and who--
``(A) has served on active duty for more than six years on
the date of the policy change described in subsection (b)(1);
``(B) has served on active duty for not more than twenty
years on the date of such separation;
``(C) has served at least five years of continuous active
duty immediately preceding the date of such separation; and
``(D) if a Reserve, is on an active duty list,
shall be entitled to the benefits payable to either a member
voluntarily separated under section 1174a(b) or a member voluntarily
separated under section 1175, at the discretion of the member being
separated under this section.
``(2) Reserve Benefits.--A member of the Selected Reserve, as
defined in section 4412 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484), who is separated from the armed
forces under this section and who has completed at least six years of
service computed under section 1332 on the date of the policy change
described in subsection (b)(1) shall be entitled to either--
``(A) the benefits provided to member involuntarily
discharged or transferred under section 4418 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484); or
``(B) if such member also has completed at least fifteen
years of service computed under section 1332, to the rights and
benefits provided to members found eligible for such rights and
benefits under section 1331a of title 10, United States Code,
at the discretion of the member being separated under this section.
``(3) Election of Benefits.--A member separated under this section
may not receive benefits under both paragraphs (1) and (2) of this
subsection. If such a member is eligible for benefits under both
paragraphs (1) and (2) of this subsection, such member will elect which
benefits he shall receive.
``(e)(1) Date of Separation Generally.--The Secretary concerned may
determine the date upon which a member entitled to be separated under
this section is to be separated. However, except as provided in
paragraphs (2) and (3), such date of separation shall not be later than
one hundred and eighty days after receipt by the Secretary concerned of
such member's request to be separated under this section.
``(2) Requirement for Reimbursement.--Notwithstanding the one
hundred and eighty-day period established by paragraph (1), the date of
separation for a member entitled to be separated under this section who
has any military service obligation for which, because of contract,
agreement, or law, such member is liable for reimbursement to the
United States if such military service obligation is not fully served,
may not be prior to the earlier of--
``(A) the date on which the member fully reimburses the
United States for any such military service obligation as
required by such contract, agreement, or law; or
``(B) the date on which the member completes such military
service obligation.
``(3) Readiness Extension.--Notwithstanding the one hundred and
eighty-day period established by paragraph (1), the Secretary concerned
may delay the date of separation of an individual member entitled to be
separated under this section if the Secretary determines that the
separation of such member within that one hundred and eighty-day period
would create a direct and serious negative impact on the readiness of
the military department concerned. However, a delay under this
paragraph may not extend a date of separation more than two years
beyond that which would otherwise be required by paragraph (1).''.
Sec. 2. Effective Date.--This section shall take effect only if
that policy of the Department of Defense that was in effect on May 11,
1993, that homosexuality is incompatible with military service is
changed to a policy under which homosexuality is not incompatible with
military service, but shall be effective on the date of any such change
in such policy. | Allows a member of the armed forces to request and receive separation from the armed forces if such member: (1) became a member of the armed forces before the Department of Defense policy that homosexuality is incompatible with military service is changed to a policy that homosexuality is not incompatible; (2) has not incurred or accepted any new or additional military service obligation after such policy change; (3) is not eligible for retirement from the armed forces; (4) has not previously been approved for separation under any other law; and (5) has religious, moral, or personal morale objections to such change in policy and, within one year, requests voluntary separation. Entitles to voluntary separation benefits active-duty and reserve members who have served for at least six but less than 20 years in the armed forces and who separate from the armed forces under provisions of this Act. Requires separation within 180 days after the appropriate Secretary receives the request, with a delay allowed due to an adverse impact on the readiness of the military department concerned. | {"src": "billsum_train", "title": "A bill to provide a right for a member of the Armed Services to be voluntarily separated from military service if the existing policy concerning military service by homosexuals is changed so that homosexuality is no longer incompatible with military service and if such member has religious, moral, or personal morale objections to such change in policy, to provide separation benefits for certain such members, and for other purposes."} | 1,446 | 219 | 0.730012 | 2.06549 | 0.800249 | 4.642157 | 6.882353 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Information Clearinghouse
Act of 1993''.
SEC. 2. FINDINGS AND OBJECTIVES.
(a) Findings.--Section 1002(c) of the Solid Waste Disposal Act (42
U.S.C. 6901(c)) is amended by striking out ``and'' in paragraph (2), by
striking out the period in paragraph (3) and inserting ``; and'', and
by adding at the end the following new paragraph:
``(4) Recycling should be promoted through a national
clearinghouse to provide information about the economic
feasibility of recycling various materials, State and local
initiatives that have succeeded in increasing the recycling
rate for municipal waste, and Federal, State, and local
procurement opportunities for recyclable materials.''.
(b) Objectives and Policy.--Section 1003(a) of the Solid Waste
Disposal Act (42 U.S.C. 6902(a)) is amended by striking out the period
in paragraph (11) and inserting ``; and'', by striking out ``and'' in
paragraph (1), and by adding at the end the following new paragraph:
``(12) establishing an information clearinghouse to promote
the recycling of municipal solid waste.''.
SEC. 3. DEFINITIONS.
Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is
amended by adding at the end the following:
``(40) The term `municipal solid waste' means residential,
institutional, and commercial solid waste generated within a
community. The term does not include any garbage, refuse,
sludge, or other residue that is a byproduct of an industrial
process or any solid waste which is regulated under subtitle C.
``(41) The term `recycled material' means a material which
has been previously used which can be reused with or without
reprocessing in place of a virgin material.
``(42) The term `recycled product' means a product that is
derived substantially from recycled materials.
``(43) The term `recycling' means remanufacturing or
reprocessing used or discarded materials into a useful
product.''.
SEC. 4. INFORMATION CLEARINGHOUSE.
(a) Establishment.--Subtitle D of the Solid Waste Disposal Act is
amended by adding at the end the following new section:
``SEC. 4011. INFORMATION CLEARINGHOUSE.
``(a) Establishment.--The Administrator shall establish a
clearinghouse for information about the recycling of municipal solid
waste, to be administered by the Office of Solid Waste in accordance
with the provisions of this section.
``(b) Information Collection and Analysis.--The clearinghouse shall
collect and provide the following types of information:
``(1) A data base containing information on the annual
volume and rate of recycling of materials from the municipal
solid waste stream. Such data base should include information
that may be available from trade associations, nonprofit
organizations, Federal agencies, and State governments. At a
minimum, the data base should estimate the aggregate annual
tonnage and recycling rate for glass, metal, paper, plastic,
and corrugated containers. To the extent feasible, the data
base should include an analysis of the impact of geographic and
demographic factors on the recycling rate.
``(2) An annual estimate of the balance of trade in
recycled materials and products.
``(3) Economic data comparing the costs and benefits of
recycling various materials from the municipal solid waste
stream. The analysis should take into account the avoided
disposal costs resulting from recycling.
``(4) A catalog of State and local laws that encourage or
require the recycling of materials from the municipal solid
waste stream. The catalog should include information about any
recycling targets or objectives established by such legislation
and, where feasible, evaluate whether those objectives are
being met.
``(5) A list of all purchases of recycled materials or
products by the Federal Government, organized by agency and the
type of recycled materials or products purchased.
``(6) A register announcing all solicitations by Federal
agencies for the purchase of recycled materials or products.
Such information shall be organized to provide timely and
relevant information to persons seeking to sell recycled
materials or products to the Federal Government. To the extent
feasible, the register should include information about
procurement opportunities available from State or local
governments.
``(7) Information about state-of-the-art recycling methods,
programs, and technologies, including the results of any
recycling research or demonstration programs funded by the
Federal Government.
``(8) A register of all potential purchasers (both
government and private) of recycled materials.
``(c) Information Coordination.--The Administrator may, at his or
her discretion, make available through the information clearinghouse
any other information that would promote national, State, and local
recycling efforts including, but not limited to, information that may
be obtained under subtitle D and subtitle E.
``(d) Information Dissemination.--The information compiled and
analyzed under this section shall be made available to the public. A
toll-free, telephone hotline shall be established and made available to
members of the public seeking information from the clearinghouse. To
the extent feasible, the information compiled should be computerized to
facilitate analysis and provide for prompt retrieval of information.
``(e) Independent Organization.--In carrying out this section the
Administrator shall cooperate with any independent organization which
is comprised of persons engaged in recycling and persons representing
environmental organizations and which provides matching funds to cover
the costs of any cooperative program undertaken by the organization and
the Environmental Protection Agency.
``(f) Authorization.--There is authorized to be appropriated to the
Administrator $500,000 for each fiscal year occurring after enactment
of the Recycling Information Clearinghouse Act of 1993 for functions
carried out by the information clearinghouse.''.
(b) Conforming Amendment.--Section 4003(c) of such subtitle D is
amended by adding at the end the following:
``(3) A State shall not be eligible for assistance under section
4008(a)(3) after December 31, 1994, unless the State maintains and
publicizes a State register of potential purchasers (both governmental
and private) of recycled materials known to the State solid waste
planning authorities. Such register shall be periodically updated and
submitted to the information clearinghouse established under section
4011.''.
(c) Table of Contents.--The table of contents for such subtitle D
is amended by adding at the end the following new item:
``Sec. 4011. Information clearinghouse.''. | Recycling Information Clearinghouse Act of 1993 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste to include: (1) a data base on the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; (7) information about state-of-the-art recycling methods, programs, and technologies; and (8) a register of all potential purchasers of recycled materials.
Requires that a toll-free telephone hotline be made available to those seeking information from the clearinghouse.
Makes a State ineligible for solid waste disposal assistance after December 31, 1994, unless the State maintains and publicizes a register of potential purchasers of recycled materials known to the State solid waste planning authorities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Recycling Information Clearinghouse Act of 1993"} | 1,434 | 282 | 0.584563 | 1.597189 | 0.744904 | 7.505882 | 5.25098 | 0.972549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Baby Act of 1999''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act is amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph) who becomes eligible
for old-age insurance benefits after 1978 and before 1989, the amount
of the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979 or 1980....................... 60 percent
1981 or 1982....................... 35 percent
1983 or 1984....................... 30 percent
1985 or 1986....................... 25 percent
1987 or 1988....................... 10 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before January 2000.
(b) Recomputation To Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for December 1999, if such benefits
are based on a primary insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Commissioner of Social Security (notwithstanding section 215(f)(1)
of the Social Security Act) shall recompute such primary insurance
amount so as to take into account the amendments made by this Act. | Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60 percent to ten percent keyed to a specified two year period during which an individual became eligible for such benefits between 1979 and the end of 1988. | {"src": "billsum_train", "title": "Notch Baby Act of 1999"} | 1,218 | 57 | 0.519372 | 1.23633 | 0.087053 | 1.1 | 21.74 | 0.7 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Are Vital to Everyone's
Retirement Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) The impending retirement of the baby boom generation will
severely strain our already overburdened entitlement system,
necessitating increased reliance on pension and other personal
savings.
(2) Studies have found that less than a third of Americans have
even tried to calculate how much they will need to have saved by
retirement, and that less than 20 percent are very confident they
will have enough money to live comfortably throughout their
retirement.
(3) A leading obstacle to expanding retirement savings is the
simple fact that far too many Americans--particularly the young--
are either unaware of, or without the knowledge and resources
necessary to take advantage of, the extensive benefits offered by
our retirement savings system.
(b) Purpose.--It is the purpose of this Act--
(1) to advance the public's knowledge and understanding of
retirement savings and its critical importance to the future well-
being of American workers and their families;
(2) to provide for a periodic, bipartisan national retirement
savings summit in conjunction with the White House to elevate the
issue of savings to national prominence; and
(3) to initiate the development of a broad-based, public
education program to encourage and enhance individual commitment to
a personal retirement savings strategy.
SEC. 3. OUTREACH BY THE DEPARTMENT OF LABOR.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``outreach to promote retirement income savings
``Sec. 516. (a) In General.--The Secretary shall maintain an
ongoing program of outreach to the public designed to effectively
promote retirement income savings by the public.
``(b) Methods.--The Secretary shall carry out the requirements of
subsection (a) by means which shall ensure effective communication to
the public, including publication of public service announcements,
public meetings, creation of educational materials, and establishment
of a site on the Internet.
``(c) Information To Be Made Available.--The information to be made
available by the Secretary as part of the program of outreach required
under subsection (a) shall include the following:
``(1) a description of the vehicles currently available to
individuals and employers for creating and maintaining retirement
income savings, specifically including information explaining to
employers, in simple terms, the characteristics and operation of
the different retirement savings vehicles, including the steps to
establish each such vehicle; and
``(2) information regarding matters relevant to establishing
retirement income savings, such as--
``(A) the forms of retirement income savings;
``(B) the concept of compound interest;
``(C) the importance of commencing savings early in life;
``(D) savings principles;
``(E) the importance of prudence and diversification in
investing;
``(F) the importance of the timing of investments; and
``(G) the impact on retirement savings of life's
uncertainties, such as living beyond one's life expectancy.
``(d) Establishment of Site on the Internet.--The Secretary shall
establish a permanent site on the Internet concerning retirement income
savings. The site shall contain at least the following information:
``(1) a means for individuals to calculate their estimated
retirement savings needs, based on their retirement income goal as
a percentage of their preretirement income;
``(2) a description in simple terms of the common types of
retirement income savings arrangements available to both
individuals and employers (specifically including small employers),
including information on the amount of money that can be placed
into a given vehicle, the tax treatment of the money, the amount of
accumulation possible through different typical investment options
and interest rate projections, and a directory of resources of more
descriptive information;
``(3) materials explaining to employers in simple terms, the
characteristics and operation of the different retirement savings
arrangements for their workers and what the basic legal
requirements are under this Act and the Internal Revenue Code of
1986, including the steps to establish each such arrangement;
``(4) copies of all educational materials developed by the
Department of Labor, and by other Federal agencies in consultation
with such Department, to promote retirement income savings by
workers and employers; and
``(5) links to other sites maintained on the Internet by
governmental agencies and nonprofit organizations that provide
additional detail on retirement income savings arrangements and
related topics on savings or investing.
``(e) Coordination.--The Secretary shall coordinate the outreach
program under this section with similar efforts undertaken by other
public and private entities.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 514
the following new items:
``Sec. 515. Delinquent contributions.
``Sec. 516. Outreach to promote retirement income savings.''.
SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAVINGS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974, as amended by section 3 of this
Act, is amended by adding at the end the following new section:
``national summit on retirement savings
``Sec. 517. (a) Authority To Call Summit.--Not later than July 15,
1998, the President shall convene a National Summit on Retirement
Income Savings at the White House, to be co-hosted by the President and
the Speaker and the Minority Leader of the House of Representatives and
the Majority Leader and Minority Leader of the Senate. Such a National
Summit shall be convened thereafter in 2001 and 2005 on or after
September 1 of each year involved. Such a National Summit shall--
``(1) advance the public's knowledge and understanding of
retirement savings and its critical importance to the future well-
being of American workers and their families;
``(2) facilitate the development of a broad-based, public
education program to encourage and enhance individual commitment to
a personal retirement savings strategy;
``(3) develop recommendations for additional research, reforms,
and actions in the field of private pensions and individual
retirement savings; and
``(4) disseminate the report of, and information obtained by,
the National Summit and exhibit materials and works of the National
Summit.
``(b) Planning and Direction.--The National Summit shall be planned
and conducted under the direction of the Secretary, in consultation
with, and with the assistance of, the heads of such other Federal
departments and agencies as the President may designate. Such
assistance may include the assignment of personnel. The Secretary
shall, in planning and conducting the National Summit, consult with the
congressional leaders specified in subsection (e)(2). The Secretary
shall also, in carrying out the Secretary's duties under this
subsection, consult and coordinate with at least one organization made
up of private sector businesses and associations partnered with
Government entities to promote long-term financial security in
retirement through savings.
``(c) Purpose of National Summit.--The purpose of the National
Summit shall be--
``(1) to increase the public awareness of the value of personal
savings for retirement;
``(2) to advance the public's knowledge and understanding of
retirement savings and its critical importance to the future well-
being of American workers and their families;
``(3) to facilitate the development of a broad-based, public
education program to encourage and enhance individual commitment to
a personal retirement savings strategy;
``(4) to identify the problems workers have in setting aside
adequate savings for retirement;
``(5) to identify the barriers which employers, especially
small employers, face in assisting their workers in accumulating
retirement savings;
``(6) to examine the impact and effectiveness of individual
employers to promote personal savings for retirement among their
workers and to promote participation in company savings options;
``(7) to examine the impact and effectiveness of government
programs at the Federal, State, and local levels to educate the
public about, and to encourage, retirement income savings;
``(8) to develop such specific and comprehensive
recommendations for the legislative and executive branches of the
Government and for private sector action as may be appropriate for
promoting private pensions and individual retirement savings; and
``(9) to develop recommendations for the coordination of
Federal, State, and local retirement income savings initiatives
among the Federal, State, and local levels of government and for
the coordination of such initiatives.
``(d) Scope of National Summit.--The scope of the National Summit
shall consist of issues relating to individual and employer-based
retirement savings and shall not include issues relating to the old-
age, survivors, and disability insurance program under title II of the
Social Security Act.
``(e) National Summit Participants.--
``(1) In general.--To carry out the purposes of the National
Summit, the National Summit shall bring together--
``(A) professionals and other individuals working in the
fields of employee benefits and retirement savings;
``(B) Members of Congress and officials in the executive
branch;
``(C) representatives of State and local governments;
``(D) representatives of private sector institutions,
including individual employers, concerned about promoting the
issue of retirement savings and facilitating savings among
American workers; and
``(E) representatives of the general public.
``(2) Statutorily required participation.--The participants in
the National Summit shall include the following individuals or
their designees:
``(A) the Speaker and the Minority Leader of the House of
Representatives;
``(B) the Majority Leader and the Minority Leader of the
Senate;
``(C) the Chairman and ranking Member of the Committee on
Education and the Workforce of the House of Representatives;
``(D) the Chairman and ranking Member of the Committee on
Labor and Human Resources of the Senate;
``(E) the Chairman and ranking Member of the Special
Committee on Aging of the Senate;
``(F) the Chairman and ranking Member of the Subcommittees
on Labor, Health and Human Services, and Education of the
Senate and House of Representatives; and
``(G) the parties referred to in subsection (b).
``(3) Additional participants.--
``(A) In general.--There shall be not more than 200
additional participants. Of such additional participants--
``(i) one-half shall be appointed by the President, in
consultation with the elected leaders of the President's
party in Congress (either the Speaker of the House of
Representatives or the Minority Leader of the House of
Representatives, and either the Majority Leader or the
Minority Leader of the Senate; and
``(ii) one-half shall be appointed by the elected
leaders of Congress of the party to which the President
does not belong (one-half of that allotment to be appointed
by either the Speaker of the House of Representatives or
the Minority Leader of the House of Representatives, and
one-half of that allotment to be appointed by either the
Majority Leader or the Minority Leader of the Senate).
``(B) Appointment requirements.--The additional
participants described in subparagraph (A) shall be--
``(i) appointed not later than January 31, 1998;
``(ii) selected without regard to political affiliation
or past partisan activity; and
``(iii) representative of the diversity of thought in
the fields of employee benefits and retirement income
savings.
``(4) Presiding officers.--The National Summit shall be
presided over equally by representatives of the executive and
legislative branches.
``(f) National Summit Administration.--
``(1) Administration.--In administering this section, the
Secretary shall--
``(A) request the cooperation and assistance of such other
Federal departments and agencies and other parties referred to
in subsection (b) as may be appropriate in the carrying out of
this section;
``(B) furnish all reasonable assistance to State agencies,
area agencies, and other appropriate organizations to enable
them to organize and conduct conferences in conjunction with
the National Summit;
``(C) make available for public comment a proposed agenda
for the National Summit that reflects to the greatest extent
possible the purposes for the National Summit set out in this
section;
``(D) prepare and make available background materials for
the use of participants in the National Summit that the
Secretary considers necessary; and
``(E) appoint and fix the pay of such additional personnel
as may be necessary to carry out the provisions of this section
without regard to provisions of title 5, United States Code,
governing appointments in the competitive service, and without
regard to chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay
rates.
``(2) Duties.--The Secretary shall, in carrying out the
responsibilities and functions of the Secretary under this section,
and as part of the National Summit, ensure that--
``(A) the National Summit shall be conducted in a manner
that ensures broad participation of Federal, State, and local
agencies and private organizations, professionals, and others
involved in retirement income savings and provides a strong
basis for assistance to be provided under paragraph (1)(B);
``(B) the agenda prepared under paragraph (1)(C) for the
National Summit is published in the Federal Register; and
``(C) the personnel appointed under paragraph (1)(E) shall
be fairly balanced in terms of points of views represented and
shall be appointed without regard to political affiliation or
previous partisan activities.
``(3) Nonapplication of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
National Summit.
``(g) Report.--The Secretary shall prepare a report describing the
activities of the National Summit and shall submit the report to the
President, the Speaker and Minority Leader of the House of
Representatives, the Majority and Minority Leaders of the Senate, and
the chief executive officers of the States not later than 90 days after
the date on which the National Summit is adjourned.
``(h) Definition.--For purposes of this section, the term `State'
means a State, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, American Samoa, and any other territory or possession
of the United States.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated for
fiscal years beginning on or after October 1, 1997, such sums as
are necessary to carry out this section.
``(2) Authorization to accept private contributions.--In order
to facilitate the National Summit as a public-private partnership,
the Secretary may accept private contributions, in the form of
money, supplies, or services, to defray the costs of the National
Summit.
``(j) Financial Obligation for Fiscal Year 1998.--The financial
obligation for the Department of Labor for fiscal year 1998 shall not
exceed the lesser of--
``(1) one-half of the costs of the National Summit; or
``(2) $250,000.
The private sector organization described in subsection (b) and
contracted with by the Secretary shall be obligated for the balance of
the cost of the National Summit.
``(k) Contracts.--The Secretary may enter into contracts to carry
out the Secretary's responsibilities under this section. The Secretary
shall enter into a contract on a sole-source basis to ensure the timely
completion of the National Summit in fiscal year 1998.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act, as amended by section 3 of this Act, is amended by inserting
after the item relating to section 516 the following new item:
``Sec. 517. National Summit on Retirement Savings.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing program of outreach to the public to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Includes among the information to be disseminated through such program: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers.
Directs the President to convene a National Summit on Retirement Income Savings, no later than July 15, 1998, and again in September 2001 and September 2005. Authorizes appropriations. Limits the Department of Labor's FY 1998 obligation for the National Summit to one-half its costs, or $250,000, whichever is less, with the balance to be made up by an organization of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings. | {"src": "billsum_train", "title": "Savings are Vital to Everyone's Retirement Act of 1997"} | 3,463 | 254 | 0.604771 | 1.925448 | 0.888917 | 3.634146 | 13.873984 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ship, Seafarer, and Container
Security Act''.
SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM.
(a) In General.--When operating in navigable waters of the United
States (as defined in section 2101(17a) of title 46, United States
Code), the following vessels shall be equipped with an automatic
identification system:
(1) Any vessel subject to the Vessel Bridge-to-Bridge
Radiotelephone Act (33 U.S.C. 1201 et seq.).
(2) Any small passenger vessel carrying more than a number
of passengers determined by the Secretary of Transportation.
(3) Any commercial towing vessel while towing astern or
pushing ahead or alongside, except commercial assistance towing
vessels rendering assistance to disabled small vessels.
(4) Any other vessel for which the Secretary of
Transportation determines that an automatic identification
system is necessary for the safe navigation of the vessel.
(b) Regulations; Effective Date.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to implement subsection (a).
(2) Content.--Regulations promulgated pursuant to that
rulemaking--
(A) may, subject to subparagraph (B), include
effective dates for the application of subsection (a)
to different vessels at different times;
(B) shall require all vessels to which subsection
(a) applies to comply with the requirements of
subsection (a) no later than December 31, 2004; and
(C) shall be issued in final form before December
31, 2004.
(3) Effective date not dependent upon final rule.--If
regulations have not been promulgated in final form under this
subsection before December 31, 2004, then subsection (a) shall
apply to--
(A) any vessel described in paragraph (1) or (3) of
that subsection on and after that date; and
(B) other vessels described in subsection (a) as
may be provided in regulations promulgated thereafter.
SEC. 3. UNIQUE SEAFARER IDENTIFICATION.
(a) Treaty Initiative.--The Secretary of Transportation should
undertake the negotiation of an international agreement, or amendments
to an international agreement that provides for a uniform,
comprehensive, international system of identification for seafarers
that will enable the United States and other countries to establish
authoritatively the identity of any seafarer aboard a vessel within the
jurisdiction, including the territorial waters, of the United States or
such other country.
(b) Legislative Alternative.--If the Secretary fails to complete
the international agreement negotiation or amendment process undertaken
under subsection (a) within 24 months after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a draft of legislation
that, if enacted, would establish a uniform, comprehensive system of
identification for seafarers.
SEC. 4. GREATER TRANSPARENCY OF SHIP REGISTRATION.
(a) Treaty Initiative.--The Secretary of Transportation should
undertake the negotiation of an international agreement, or the
amendment of an international agreement, to provide greater
transparency with respect to the registration and ownership of vessels
entering or operating in the territorial waters of the United States.
(b) Legislative Alternative.--If the Secretary fails to complete
the international agreement or amendment process undertaken under
subsection (a) within 24 months after the date of enactment of this
Act, the Secretary shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a draft of legislation that, if
enacted, would provide for greater transparency with respect to the
registration and ownership of vessels operating in international
waters.
SEC. 5. INTERNATIONAL AGREEMENT ON CONTAINER INTEGRITY.
(a) Treaty Initiative.--The Secretary of Transportation should
undertake the negotiation of an international agreement, or amendments
to an international agreement, to establish marine container integrity
and anti-tampering standards for marine containers.
(b) Legislative Alternative.--If the Secretary fails to complete
the international agreement negotiation or amendment process undertaken
under subsection (a) within 24 months after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a draft of legislation
that, if enacted, would establish marine container integrity and anti-
tampering standards.
SEC. 6. COAST GUARD TO DEVELOP RISK-BASED ANALYSIS AND SECURITY ZONE
SYSTEM FOR VESSELS.
(a) In General.--The Commandant of the Coast Guard shall
establish--
(1) a risk-based system for use in evaluating the potential
threat to the national security of the United States of vessels
entering the territorial waters of the United States; and
(2) a system of security zones for ports, territorial
waters, and waterways of the United States.
(b) Mechanisms and Systems Considerations.--In carrying out
subsection (a), the Commandant shall consider--
(1) the use of public/private partnerships to implement and
enforce security within the security zones, shoreside
protection alternatives, and the environmental, public safety,
and relative effectiveness of such alternatives within the
security zones; and
(2) technological means of enhancing the security within
the security zones of ports, territorial waters, and waterways
of the United States.
(c) Grants.--The Commandant of the Coast Guard may make grants to
applicants for research and development of alternative means of
providing the protection and security required by this section.
(d) Reports.--
(1) Initial report.--Within 12 months after the date of
enactment of this Act, the Commandant of the Coast Guard shall
transmit, in a form that does not compromise security, to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representative Committee on Transportation and
Infrastructure a report that includes--
(A) a description of the methodology employed in
evaluating risks to security;
(B) a list of security zones; and
(C) recommendations as to how protection of such
vessels and security zones might be further improved.
(2) Report on alternatives.--Within 12 months after the
Commandant has awarded grants under subsection (c), the
Commandant shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representative
Committee on Transportation and Infrastructure a report on the
results of testing and research carried out with those grants.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Department in which the Coast
Guard is operating for the use of the Coast Guard, $1,000,000 for
fiscal year 2003 to make grants under subsection (c). | Ship, Seafarer, and Container Security Act - Requires certain vessels to be equipped with an automatic identification system when operating in U.S. navigable waters. Requires the Secretary of Transportation to initiate a rulemaking to implement such requirement.Urges the Secretary to negotiate an international agreement (or amendments to such an agreement) that: (1) provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and other countries to establish the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country; (2) provides greater transparency with respect to the registration and ownership of vessels entering or operating in U.S. territorial waters; and (3) establishes marine container integrity and anti-tampering standards for marine containers. Requires the Secretary to submit draft legislation to specified congressional committees if negotiations do not result in an agreement or the amendment process fails within a specified period after enactment of this Act.Directs the Commandant of the Coast Guard to establish: (1) a risk-based system for use in evaluating the potential threat to the national security of the United States of vessels entering U.S. territorial waters; and (2) a system of security zones for U.S. ports, territorial waters, and waterways. | {"src": "billsum_train", "title": "A bill to improve seaport security."} | 1,483 | 289 | 0.555864 | 1.654507 | 0.865355 | 5.461224 | 5.57551 | 0.906122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Investment Act of
2005''.
SEC. 2. RENEWABLE PORTFOLIO STANDARD.
Title VI of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2601 et seq.) is amended by adding at the end the following:
``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.
``(a) Definitions.--In this section:
``(1) Biomass.--
``(A) In general.--The term `biomass' means--
``(i) organic material from a plant that is
planted for the purpose of being used to
produce energy;
``(ii) nonhazardous, cellulosic or
agricultural waste material that is segregated
from other waste materials and is derived
from--
``(I) a forest-related resource,
including--
``(aa) mill and harvesting
residue;
``(bb) precommercial
thinnings;
``(cc) slash; and
``(dd) brush;
``(II) agricultural resources,
including--
``(aa) orchard tree crops;
``(bb) vineyards;
``(cc) grains;
``(dd) legumes;
``(ee) sugar; and
``(ff) other crop by-
products or residues; or
``(III) miscellaneous waste such
as--
``(aa) waste pallet;
``(bb) crate; and
``(cc) landscape or right-
of-way tree trimmings; and
``(iii) animal waste that is converted to a
fuel rather than directly combusted, the
residue of which is converted to a biological
fertilizer, oil, or activated carbon.
``(B) Exclusions.--The term `biomass' shall not
include--
``(i) municipal solid waste that is
incinerated;
``(ii) recyclable post-consumer waste
paper;
``(iii) painted, treated, or pressurized
wood;
``(iv) wood contaminated with plastics or
metals; or
``(v) tires.
``(2) Distributed generation.--The term `distributed
generation' means reduced electricity consumption from the
electric grid due to use by a customer of renewable energy
generated at a customer site.
``(3) Incremental hydropower.--The term `incremental
hydropower' means additional generation achieved from increased
efficiency after January 1, 2005, at a hydroelectric dam that
was placed in service before January 1, 2005.
``(4) Landfill gas.--The term `landfill gas' means gas
generated from the decomposition of household solid waste,
commercial solid waste, and industrial solid waste disposed of
in a municipal solid waste landfill unit (as those terms are
defined in regulations promulgated under subtitle D of the
Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).
``(5) Renewable energy.--The term `renewable energy' means
electricity generated from
``(A) a renewable energy source; or
``(B) hydrogen that is produced from a renewable
energy source.
``(6) Renewable energy source.--The term `renewable energy
source' means--
``(A) wind;
``(B) ocean waves;
``(C) biomass;
``(D) solar;
``(E) landfill gas;
``(F) incremental hydropower; or
``(G) geothermal.
``(7) Retail electric supplier.--The term `retail electric
supplier' means a person or entity that sells retail
electricity to consumers, and which sold not less than 500,000
megawatt-hours of electric energy to consumers for purposes
other than resale during the preceding calendar year.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Renewable Energy Requirements.--
``(1) In general.--For each calendar year beginning in
Calendar year 2006, each retail electric supplier shall submit
to the Secretary, not later than April 30 of each year,
renewable energy credits in an amount equal to the required
annual percentage of the retail electric supplier's total
amount of kilowatt-hours of non-hydropower (excluding
incremental hydropower) electricity sold to retail consumers
during the previous calendar year.
``(2) Carryover.--A renewable energy credit for any year
that is not used to satisfy the minimum requirement for that
year may be carried over for use within the next two years.
``(c) Required Annual Percentage.--Of the total amount of non-
hydropower (excluding incremental hydropower) electricity sold by each
retail electric supplier during a calendar year, the amount generated
by renewable energy sources shall be not less than the percentage
specified below:
Percentage of
Renewable energy
``Calendar years: Each year:
2006-2009..................................... 5
2010-2014..................................... 10
2015-2019..................................... 15
2020 and subsequent years..................... 20.
``(d) Submission of Renewable Energy Credits.--
``(1) In general.--To meet the requirements under
subsection (b), a retail electric supplier shall submit to the
Secretary either--
``(A) renewable energy credits issued to the retail
electric supplier under subsection (f);
``(B) renewable energy credits obtained by purchase
or exchange under subsection (g);
``(C) renewable energy credits purchased from the
United States under subsection (h); or
``(D) any combination of credits under subsections
(f), (g) or (h).
``(2) Prohibition on double counting.--A credit may be
counted toward compliance with subsection (b) only once.
``(e) Renewable Energy Credit Program.--The Secretary shall
establish, not later than 1 year after the date of enactment of this
Act, a program to issue, monitor the sale or exchange of, and track,
renewable energy credits.
``(f) Issuance of Renewable Energy Credits.--
``(1) In general.--Under the program established in
subsection (e), an entity that generates electric energy
through the use of a renewable energy resource may apply to the
Secretary for the issuance of renewable energy credits.
``(2) Application.--An application for the issuance of
renewable energy credits shall indicate--
``(A) the type of renewable energy resource used to
produce the electric energy;
``(B) the State in which the electric energy was
produced; and
``(C) any other information the Secretary
determines appropriate.
``(3) Credit value.--Except as provided in subparagraph
(4), the Secretary shall issue to an entity applying under this
subsection 1 renewable energy credit for each kilowatt-hour of
renewable energy generated in any State from the date of
enactment of this Act and in each subsequent calendar year.
``(4) Credit value for distributed generation.--The
Secretary shall issue 3 renewable energy credits for each
kilowatt-hour of distributed generation.
``(5) Vesting.--A renewable energy credit will vest with
the owner of the system or facility that generates the
renewable energy unless such owner explicitly transfers the
credit.
``(6) Credit eligibility.--To be eligible for a renewable
energy credit, the unit of electricity generated through the
use of a renewable energy resource shall be sold for retail
consumption or used by the generator. If both a renewable
energy resource and a non-renewable energy resource are used to
generate the electric energy, the Secretary shall issue
renewable energy credits based on the proportion of the
renewable energy resource used.
``(7) Identifying credits.--The Secretary shall identify
renewable energy credits by the type and date of generation.
``(8) Sale under purpa contract.--When a generator sells
electric energy generated through the use of a renewable energy
resource to a retail electric supplier under a contract subject
to section 210 of the Public Utilities Regulatory Policies Act
of 1978 (16 U.S.C. 824a-3), the retail electric supplier is
treated as the generator of the electric energy for the
purposes of this Act for the duration of the contract.
``(g) Sale or Exchange of Renewable Energy Credits.--A renewable
energy credit may be sold or exchanged by the entity issued the
renewable energy credit or by any other entity that acquires the
renewable energy credit. Credits may be sold or exchanged in any manner
not in conflict with existing law, including on the spot market or by
contractual arrangements of any duration.
``(h) Purchase From the United States.--The Secretary shall offer
renewable energy credits for sale at the lesser of three cents per
kilowatt-hour or 110 percent of the average market value of credits for
the applicable compliance period. On January 1 of each year following
calendar year 2006, the Secretary shall adjust for inflation the price
charged per credit for such calendar year.
``(i) State Programs.--Nothing in this section shall preclude any
State from requiring additional renewable energy generation in the
State under any renewable energy program conducted by the State.
``(j) Consumer Allocation.--The rates charged to classes of
consumers by a retail electric supplier shall reflect a proportional
percentage of the cost of generating or acquiring the required annual
percentage of renewable energy under subsection (b). A retail electric
supplier shall not represent to any customer or prospective customer
that any product contains more than the percentage of eligible
resources if the additional amount of eligible resources is being used
to satisfy the renewable generation requirement under subsection (b).
``(k) Enforcement.--A retail electric supplier that does not submit
renewable energy credits as required under subsection (b) shall be
liable for the payment of a civil penalty. That penalty shall be
calculated on the basis of the number of renewable energy credits not
submitted, multiplied by the lesser of 4.5 cents or 300 percent of the
average market value of credits for the compliance period.
``(l) Information Collection.--The Secretary may collect the
information necessary to verify and audit--
``(1) the annual electric energy generation and renewable
energy generation of any entity applying for renewable energy
credits under this section;
``(2) the validity of renewable energy credits submitted by
a retail electric supplier to the Secretary; and
``(3) the quantity of electricity sales of all retail
electric suppliers.
``(m) Voluntary Participation.--The Secretary may issue a renewable
energy credit pursuant to subsection (f) to any entity not subject to
the requirements of this Act only if the entity applying for such
credit meets the terms and conditions of this Act to the same extent as
entities subject to this Act.
``(n) State Renewable Energy Grant Program.--
``(1) Distribution to states.--The Secretary shall
distribute amounts received from sales under subsection (h) and
from amounts received under subsection (k) to States to be used
for the purposes of this section.
``(2) Regional equity program.--
``(A) Establishment of program.--Within 1 year from
the date of enactment of this Act, the Secretary shall
establish a program to promote renewable energy
production and use consistent with the purposes of this
section.
``(B) Eligibility.--The Secretary shall make funds
available under this section to State energy agencies
for grant programs for--
``(i) renewable energy research and
development;
``(ii) loan guarantees to encourage
construction of renewable energy facilities;
``(iii) consumer rebate or other programs
to offset costs of small residential or small
commercial renewable energy systems including
solar hot water; or
``(iv) promoting distributed generation.
``(3) Allocation preferences.--In allocating funds under
the program, the Secretary shall give preference to--
``(A) States in regions which have a
disproportionately small share of economically
sustainable renewable energy generation capacity; and
``(B) State grant programs most likely to stimulate
or enhance innovative renewable energy technologies.''. | Renewable Energy Investment Act of 2005 - Amends the Public Utility Regulatory Policies Act of 1978 to require retail electric suppliers to submit to the Secretary of Energy renewable energy credits in an amount equal to the required annual percentage of the retail electric supplier's total amount of kilowatt-hours of non-hydropower electricity sold to retail consumers during the previous calendar year (excluding incremental hydropower).
States that a renewable energy credit that is not used to satisfy the minimum requirement for that year may be carried over for use within the next two years.
Specifies a schedule of the minimum percentage of renewable energy sources that must be used to generate the total amount of non-hydropower electricity sold by each retail electric supplier during a calendar year (excluding incremental hydropower).
Directs the Secretary to: (1) establish a program to issue, monitor the sale or exchange of, and track renewable energy credits; and (2) make funds available under this Act to State energy agencies for grant programs for renewable energy research and development, and for loan guarantees to encourage construction of renewable energy facilities. | {"src": "billsum_train", "title": "A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide for a Federal renewable portfolio standard."} | 2,693 | 224 | 0.384302 | 1.047712 | 0.667307 | 5.602871 | 11.889952 | 0.971292 |
SECTION 1. TECHNICAL CORRECTIONS.
(a) Advice of Counsel.--Notwithstanding section 35 of the Leahy-
Smith America Invents Act (35 U.S.C. 1 note), section 298 of title 35,
United States Code, shall apply to any civil action commenced on or
after the date of the enactment of this Act.
(b) Transitional Program for Covered Business Method Patents.--
Section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note)
is amended--
(1) in subsection (a)(1)(C)(i), by striking ``of such title''
the second place it appears; and
(2) in subsection (d)(2), by striking ``subsection'' and
inserting ``section''.
(c) Joinder of Parties.--Section 299(a) of title 35, United States
Code, is amended in the matter preceding paragraph (1) by striking ``or
counterclaim defendants only if'' and inserting ``only if''.
(d) Dead Zones.--
(1) Inter partes review.--Section 311(c) of title 35, United
States Code, shall not apply to a petition to institute an inter
partes review of a patent that is not a patent described in section
3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 100
note).
(2) Reissue.--Section 311(c)(1) of title 35, United States
Code, is amended by striking ``or issuance of a reissue of a
patent''.
(e) Correct Inventor.--
(1) In general.--Section 135(e) of title 35, United States
Code, as amended by section 3(i) of the Leahy-Smith America Invents
Act, is amended by striking ``correct inventors'' and inserting
``correct inventor''.
(2) Effective date.--The amendment made by paragraph (1) shall
be effective as if included in the amendment made by section 3(i)
of the Leahy-Smith America Invents Act.
(f) Inventor's Oath or Declaration.--Section 115 of title 35,
United States Code, as amended by section 4 of the Leahy-Smith America
Invents Act, is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Time for Filing.--The applicant for patent shall provide each
required oath or declaration under subsection (a), substitute statement
under subsection (d), or recorded assignment meeting the requirements
of subsection (e) no later than the date on which the issue fee for the
patent is paid.''; and
(2) in subsection (g)(1), by striking ``who claims'' and
inserting ``that claims''.
(g) Travel Expenses and Payment of Administrative Judges.--
Notwithstanding section 35 of the Leahy-Smith America Invents Act (35
U.S.C. 1 note), the amendments made by section 21 of the Leahy-Smith
America Invents Act (Public Law 112-29; 125 Stat. 335) shall be
effective as of September 16, 2011.
(h) Patent Term Adjustments.--Section 154(b) of title 35, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i)(II), by striking ``on which an
international application fulfilled the requirements of section
371 of this title'' and inserting ``of commencement of the
national stage under section 371 in an international
application''; and
(B) in subparagraph (B), in the matter preceding clause
(i), by striking ``the application in the United States'' and
inserting ``the application under section 111(a) in the United
States or, in the case of an international application, the
date of commencement of the national stage under section 371 in
the international application'';
(2) in paragraph (3)(B)(i), by striking ``with the written
notice of allowance of the application under section 151'' and
inserting ``no later than the date of issuance of the patent''; and
(3) in paragraph (4)(A)--
(A) by striking ``a determination made by the Director
under paragraph (3) shall have remedy'' and inserting ``the
Director's decision on the applicant's request for
reconsideration under paragraph (3)(B)(ii) shall have exclusive
remedy''; and
(B) by striking ``the grant of the patent'' and inserting
``the date of the Director's decision on the applicant's
request for reconsideration''.
(i) Improper Applicant.--Section 373 of title 35, United States
Code, and the item relating to that section in the table of sections
for chapter 37 of such title, are repealed.
(j) Financial Management Clarifications.--Section 42(c)(3) of title
35, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``sections 41, 42, and 376,'' and inserting
``this title,''; and
(B) by striking ``a share of the administrative costs of
the Office relating to patents'' and inserting ``a
proportionate share of the administrative costs of the
Office''; and
(2) in subparagraph (B), by striking ``a share of the
administrative costs of the Office relating to trademarks'' and
inserting ``a proportionate share of the administrative costs of
the Office''.
(k) Derivation Proceedings.--
(1) In general.--Section 135(a) of title 35, United States
Code, as amended by section 3(i) of the Leahy-Smith America Invents
Act, is amended to read as follows:
``(a) Institution of Proceeding.--
``(1) In general.--An applicant for patent may file a petition
with respect to an invention to institute a derivation proceeding
in the Office. The petition shall set forth with particularity the
basis for finding that an individual named in an earlier
application as the inventor or a joint inventor derived such
invention from an individual named in the petitioner's application
as the inventor or a joint inventor and, without authorization, the
earlier application claiming such invention was filed. Whenever the
Director determines that a petition filed under this subsection
demonstrates that the standards for instituting a derivation
proceeding are met, the Director may institute a derivation
proceeding.
``(2) Time for filing.--A petition under this section with
respect to an invention that is the same or substantially the same
invention as a claim contained in a patent issued on an earlier
application, or contained in an earlier application when published
or deemed published under section 122(b), may not be filed unless
such petition is filed during the 1-year period following the date
on which the patent containing such claim was granted or the
earlier application containing such claim was published, whichever
is earlier.
``(3) Earlier application.--For purposes of this section, an
application shall not be deemed to be an earlier application with
respect to an invention, relative to another application, unless a
claim to the invention was or could have been made in such
application having an effective filing date that is earlier than
the effective filing date of any claim to the invention that was or
could have been made in such other application.
``(4) No appeal.--A determination by the Director whether to
institute a derivation proceeding under paragraph (1) shall be
final and not appealable.''.
(2) Effective date.--The amendment made by paragraph (1) shall
be effective as if included in the amendment made by section 3(i)
of the Leahy-Smith America Invents Act.
(3) Review of interference decisions.--The provisions of
sections 6 and 141 of title 35, United States Code, and section
1295(a)(4)(A) of title 28, United States Code, as in effect on
September 15, 2012, shall apply to interference proceedings that
are declared after September 15, 2012, under section 135 of title
35, United States Code, as in effect before the effective date
under section 3(n) of the Leahy-Smith America Invents Act. The
Patent Trial and Appeal Board may be deemed to be the Board of
Patent Appeals and Interferences for purposes of such interference
proceedings.
(l) Patent and Trademark Public Advisory Committees.--
(1) In general.--Section 5(a) of title 35, United States Code,
is amended--
(A) in paragraph (1), by striking ``Members of'' and all
that follows through ``such appointments.'' and inserting the
following: ``In each year, 3 members shall be appointed to each
Advisory Committee for 3-year terms that shall begin on
December 1 of that year. Any vacancy on an Advisory Committee
shall be filled within 90 days after it occurs. A new member
who is appointed to fill a vacancy shall be appointed to serve
for the remainder of the predecessor's term.'';
(B) by striking paragraph (2) and inserting the following:
``(2) Chair.--The Secretary of Commerce, in consultation with
the Director, shall designate a Chair and Vice Chair of each
Advisory Committee from among the members appointed under paragraph
(1). If the Chair resigns before the completion of his or her term,
or is otherwise unable to exercise the functions of the Chair, the
Vice Chair shall exercise the functions of the Chair.''; and
(C) by striking paragraph (3).
(2) Transition.--
(A) In general.--The Secretary of Commerce shall, in the
Secretary's discretion, determine the time and manner in which
the amendments made by paragraph (1) shall take effect, except
that, in each year following the year in which this Act is
enacted, 3 members shall be appointed to each Advisory
Committee (to which such amendments apply) for 3-year terms
that begin on December 1 of that year, in accordance with
section 5(a) of title 35, United States Code, as amended by
paragraph (1) of this subsection.
(B) Deemed termination of terms.--In order to implement the
amendments made by paragraph (1), the Secretary of Commerce may
determine that the term of an existing member of an Advisory
Committee under section 5 of title 35, United States Code,
shall be deemed to terminate on December 1 of a year beginning
after the date of the enactment of this Act, regardless of
whether December 1 is before or after the date on which such
member's term would terminate if this Act had not been enacted.
(m) Clerical Amendment.--Section 123(a) of title 35, United States
Code, is amended in the matter preceding paragraph (1) by inserting
``of this title'' after ``For purposes''.
(n) Effective Date.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the date of enactment
of this Act, and shall apply to proceedings commenced on or after such
date of enactment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 28, 2012. The summary of that version is repeated here.)
Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties.
Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Currently, the bar would not take effect until one year after the AIA's enactment.)
Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review. (Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.)
Revises the filing deadline for inter partes review to be after the later of either: (1) nine months after the grant of a patent (currently, nine months after such grant or the issuance of a reissue patent), or (2) the termination date of any post-grant review.
Extends the time period for an applicant to file an inventor's oath or declaration, substitute statement, or recorded assignment until the date on which the issue fee for the patent is paid. (Current law permits a notice of allowance of a patent application only after such a filing.)
Makes provisions concerning travel expenses for employees of the U.S. Patent and Trademark Office (USPTO) and the payment of administrative judges effective as of September 16, 2011.
Modifies requirements and time periods for activities relating to patent term adjustments. Revises the patent extension period for certain international applications. Specifies that a civil action filed in the U.S. District Court for the Eastern District of Virginia is the exclusive remedy for challenging a USPTO decision on a request for reconsideration of a patent term adjustment determination.
Repeals a provision prohibiting the USPTO from accepting certain international applications designating the United States from anyone not qualified under specified application requirements.
Revises USPTO funding requirements to make all federal patent law fees available for expenses relating to patent processing and to permit patent and trademark fees to be used interchangeably to cover proportionate shares of the USPTO's administrative costs. (Currently, patent fees are used to cover administrative costs relating to patents while trademark fees are used to cover administrative costs relating to trademarks.)
Modifies requirements for applicants filing petitions to institute derivation proceedings and delineates the criteria applied to deem an application as an earlier application with respect to an invention relative to another application.
Sets forth authority for the Patent Trial and Appeal Board to conduct, and for courts to review appeals from, interference proceedings declared after enactment but before the effective date of certain AIA amendments replacing interference proceedings with derivation proceedings.
Modifies the original appointment terms for members of the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Directs the Secretary of Commerce to designate, from among the appointed members, a Chair and Vice Chair of each committee. | {"src": "billsum_train", "title": "To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code."} | 2,531 | 753 | 0.499115 | 1.722499 | 0.702031 | 1.793701 | 3.524409 | 0.741732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project BioShield Material Threats
Act of 2007''.
SEC. 2. MATERIAL THREATS.
(a) In General.--Section 319F-2(c)(2)(A) of the Public Health
Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by moving each of such subclauses two ems to the right;
(3) by striking ``(A) Material threat.--The Homeland
Security Secretary'' and inserting the following:
``(A) Material threat.--
``(i) In general.--The Homeland Security
Secretary''; and
(4) by adding at the end the following clauses:
``(ii) Use of existing risk assessments.--
For the purpose of satisfying the requirements
of clause (i) as expeditiously as possible, the
Homeland Security Secretary shall, as
practicable, utilize existing risk assessments
that such Secretary considers credible.
``(iii) Order of assessments.--
``(I) Groupings to facilitate
assessment of countermeasures.--In
conducting threat assessments and
determinations under clause (i) of
chemical, biological, radiological, and
nuclear agents, the Homeland Security
Secretary shall, to the extent
practicable and appropriate, consider
the completion of such assessments and
determinations for groups of agents
toward the goal of facilitating the
assessment of countermeasures under
paragraph (3) by the Secretary of
Health and Human Services.
``(II) Categories of
countermeasures.--The grouping of
agents under subclause (I) by the
Homeland Security Secretary shall be
designed to facilitate assessments
under paragraph (3) by the Secretary of
Health and Human Services regarding the
following two categories of
countermeasures:
``(aa) Countermeasures that
may address more than one agent
identified under clause
(i)(II).
``(bb) Countermeasures that
may address adverse health
consequences that are common to
exposure to different agents.
``(III) Rule of construction.--A
particular grouping of agents pursuant
to subclause (II) is not required under
such subclause to facilitate
assessments of both categories of
countermeasures described in such
subclause. A grouping may concern one
category and not the other.
``(iv) Time frame for completion of certain
national-security determinations.--With respect
to chemical, biological, radiological, and
nuclear agents known to the Homeland Security
Secretary as of the day before the date of the
enactment of this clause, and which such
Secretary considers to be capable of
significantly affecting national security, such
Secretary shall complete the determinations
under clause (i)(II) not later than December
31, 2007.
``(v) Report to congress.--Not later than
30 days after the date on which the Homeland
Security Secretary completes a material threat
assessment under clause (i) or a risk
assessment for the purpose of satisfying such
clause, the Secretary shall submit to Congress
a report containing the results of such
assessment.
``(vi) Definition.--For purposes of this
subparagraph, the term `risk assessment' means
a scientific, technically-based analysis of
agents that incorporates threat, vulnerability,
and consequence information.''.
(b) Authorization of Appropriations.--Section 521(d) of the
Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is amended--
(1) in paragraph (1), by striking ``2006,'' and inserting
``2009,''; and
(2) by adding at the end the following:
``(3) Additional authorization of appropriations regarding
certain threat assessments.--For the purpose of providing an
additional amount to the Secretary to assist the Secretary in
meeting the requirements of clause (iv) of section 319F-
2(c)(2)(A)) of the Public Health Service Act (relating to time
frames), there are authorized to be appropriated such sums as
may be necessary for fiscal year 2008, in addition to the
authorization of appropriations established in paragraph (1).
The purposes for which such additional amount may be expended
include conducting risk assessments regarding clause (i)(II) of
such section when there are no existing risk assessments that
the Secretary considers credible.''. | Project Bioshield Material Threats Act of 2007 - Amends the Public Health Service Act to require the Secretary of Homeland Security (the Secretary) to utilize existing risk assessments to assess current and emerging threats of chemical, biological, radiological, and nuclear agents and determine which of such agents present a material threat against the U.S. population sufficient to affect national security. Requires the Secretary to group such assessments to facilitate assessments by the Secretary of Health and Human Services on the availability and appropriateness of specific countermeasures to address more than one such agent or address adverse health consequences that are common to exposure to different agents. Requires the Secretary to complete assessments by December 31, 2007, for those agents known to the Secretary by the date of enactment of this Act that are capable of significantly affecting national security and to submit the results to Congress.
Amends the Homeland Security Act of 2002 to reauthorize appropriations through FY2009 for the Secretary to carry out such terror threat assessments. Authorizes additional appropriations to enable the Secretary to meet the deadlines established under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to require the Secretary of Homeland Security to improve and expedite the assessment and determination of current and emerging chemical, biological, radiological and nuclear material threats, to group such agents to facilitate the assessment and acquisition of countermeasures that would address more than one of such agents or adverse health consequences common to exposure to different agents, and for other purposes."} | 983 | 232 | 0.655221 | 1.761257 | 0.820071 | 2.336735 | 4.47449 | 0.846939 |
SECTION 1. INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY
DISADVANTAGED SMALL BUSINESS CONCERNS.
Section 140 of the FAA Modernization and Reform Act of 2012 is
amended--
(1) in subsection (c)--
(A) in paragraph (1) by striking ``each of fiscal
years 2013 through 2017'' and inserting ``fiscal year
2017 and periodically thereafter''; and
(B) in paragraph (3)(A) by striking ``a list'' and
inserting ``with respect to the large and medium hub
airports in the United States that participate in the
airport disadvantaged business enterprise program
referenced in subsection (a), a list''; and
(2) by adding at the end the following:
``(d) Assessment of Efforts.--The Inspector General shall assess
the efforts of the Federal Aviation Administration with respect to
implementing recommendations suggested in reports submitted under
subsection (c) and shall include in each semiannual report of the
Inspector General that is submitted to Congress a description of the
results of such assessment.''.
SEC. 2. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Section 47113 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Consistency of information.--The Secretary shall
develop and maintain a training program--
``(A) for employees of the Federal Aviation
Administration who provide guidance and training to
entities that certify whether a small business concern
qualifies under this section (and for employees of the
other modal administrations of the Department of
Transportation who provide similar services); and
``(B) that ensures Federal officials provide
consistent communications with respect to certification
requirements.
``(3) Lists of certifying authorities.--The Secretary shall
ensure that each State maintains an accurate list of the
certifying authorities in such State for purposes of this
section and that the list is--
``(A) updated at least twice each year; and
``(B) made available to the public.'';
(2) in subsection (e) by adding at the end the following:
``(4) Reporting.--The Secretary shall determine, for each
fiscal year, the number of individuals who received training
under this subsection and shall make such number available to
the public on an appropriate website operated by the Secretary.
If the Secretary determines, with respect to a fiscal year,
that fewer individuals received training under this subsection
than in the previous fiscal year, the Secretary shall submit to
Congress, and make available to the public on an appropriate
website operated by the Secretary, a report describing the
reasons for the decrease.
``(5) Assessment.--Not later than 2 years after the date of
enactment of this paragraph, and every 2 years thereafter, the
Secretary shall assess the training program, including by
soliciting feedback from stakeholders, and update the training
program as appropriate.''; and
(3) by adding at the end the following:
``(f) Trend Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least every 2 years
thereafter, the Secretary shall study, using information
reported by airports, trends in the participation of small
business concerns referred to in subsection (b).
``(2) Contents.--The study under paragraph (1) shall
include--
``(A) an analysis of whether the participation of
small business concerns referred to in subsection (b)
at reporting airports increased or decreased during the
period studied, including for such concerns that were
first time participants;
``(B) an analysis of the factors relating to any
significant increases or decreases in participation
compared to prior years; and
``(C) development of a plan to respond to the
results of the study, including development of
recommendations for sharing best practices for
maintaining or boosting participation.
``(3) Reporting.--For each study completed under paragraph
(1), the Secretary shall submit to Congress, and make available
to the program contact at each airport that participates in the
airport disadvantaged business enterprise program, a report
describing the results of the study.''.
SEC. 3. PASSENGER FACILITY CHARGES.
Section 40117(c) of title 49, United States Code, is amended by
adding at the end the following:
``(5) With respect to an application under this subsection that
relates to an airport that participates in the airport disadvantaged
business enterprise program referenced in section 140(a) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the
application shall include a detailed description of good faith efforts
at the airport to contract with disadvantaged business enterprises in
relation to any project that is a subject of the application and to
ensure that all small businesses, including those owned by veterans,
fairly compete for work funded with passenger facility charges.''.
SEC. 4. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT AIRPORTS WITH A
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
(a) Tracking Required.--Beginning in fiscal year 2017, and each
fiscal year thereafter, the Administrator of the Federal Aviation
Administration shall require each covered airport to report to the
Administrator on the number of new disadvantaged business enterprises
that were awarded a contract or concession during the previous fiscal
year at the airport.
(b) Training.--The Administrator shall provide training to
airports, on an ongoing basis, with respect to compliance with
subsection (a).
(c) Reporting.--During the first fiscal year beginning after the
date of enactment of this Act and every fiscal year thereafter, the
Administrator shall update dbE-Connect (or any successor online
reporting system) to include information on the number of new
disadvantaged business enterprises that were awarded a contract or
concession during the previous fiscal year at a covered airport.
(d) Covered Airport Defined.--In this section, the term ``covered
airport'' means a large or medium hub airport that participates in the
airport disadvantaged business enterprise program referenced in section
140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113
note).
SEC. 5. AUDITS.
The Inspector General of the Department of Transportation shall
conduct periodic audits regarding the accuracy of the data on
disadvantaged business enterprises contained in the Federal Aviation
Administration's reporting database related to such enterprises or any
similar or successor online reporting database developed by the
Administration.
SEC. 6. PROMPT PAYMENTS.
(a) Reporting of Complaints.--Not later than 30 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall ensure that each airport that participates in the
Program tracks, and reports to the Administrator, the number of covered
complaints made in relation to activities at that airport.
(b) Improving Compliance.--
(1) In general.--The Administrator shall take actions to
assess and improve compliance with prompt payment requirements
under part 26 of title 49, Code of Federal Regulations.
(2) Contents of assessment.--In carrying out paragraph (1),
the Administrator shall assess--
(A) whether requirements relating to the inclusion
of prompt payment language in contracts are being
satisfied;
(B) whether and how airports are enforcing prompt
payment requirements;
(C) the processes by which covered complaints are
received and resolved by airports;
(D) whether improvements need to be made to--
(i) better track covered complaints
received by airports; and
(ii) assist the resolution of covered
complaints in a timely manner;
(E) the effectiveness of alternative dispute
resolution mechanisms with respect to resolving covered
complaints;
(F) best practices that ensure prompt payment
requirements are satisfied;
(G) the Federal Aviation Administration resources,
including staff, that are dedicated to helping resolve
covered complaints; and
(H) how the Federal Aviation Administration can
enhance efforts to resolve covered complaints,
including by using timelines and providing additional
staffing and other resources.
(3) Reporting.--The Administrator shall make available to
the public on an appropriate website operated by the
Administrator a report describing the results of the assessment
completed under this subsection, including a plan to respond to
such results.
(c) Definitions.--In this section, the following definitions apply:
(1) Covered complaint.--The term ``covered complaint''
means a complaint relating to an alleged failure to satisfy a
prompt payment requirement under part 26 of title 49, Code of
Federal Regulations.
(2) Program.--The term ``Program'' means the airport
disadvantaged business enterprise program referenced in section
140(a) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 47113 note). | This bill amends the FAA Modernization and Reform Act of 2012 to extend through FY2017 and periodically thereafter the requirement that the Office of the Inspector General of the Department of Transportation report annually to Congress on the number of new small business concerns owned and controlled by socially and economically disadvantaged individuals, including those owned by veterans, that participated in the programs and activities of the Federal Aviation Administration (FAA). The list of the top 25 and bottom 25 large and medium hub airports giving disadvantaged small business concerns opportunities to participate in FAA programs and activities, which each such report must contain, shall be drawn only from large and medium hub airports participating in the airport disadvantaged business enterprise (DBE) program. The Department of Transportation shall develop a training program for FAA employees providing guidance and training to entities that certify a small business as a small business concern owned and controlled by socially and economically disadvantaged individuals. Applications for authority to impose a passenger facility charge at a covered airport shall include a detailed description of the airport's good faith efforts to contract with DBEs and small businesses (including those owned by veterans). Beginning in FY2017, the FAA shall require a covered airport to report annually on the number of new DBEs that were awarded a contract or concession during the previous fiscal year. The FAA shall update annually DBE-Connect (or any successor online reporting system) to include information on the number of new DBEs awarded a contract or concession at a covered airport during the previous fiscal year. The FAA shall: ensure that each covered airport tracks the number of complaints alleging failure of payment to DBE firms performing contract work at that airport, take actions to assess and improve airport compliance with prompt payment regulations, and make such assessment available on an appropriate FAA website. | {"src": "billsum_train", "title": "To amend the FAA Modernization and Reform Act of 2012 and title 49, United States Code, with respect to disadvantaged business enterprises, and for other purposes."} | 1,950 | 378 | 0.62048 | 1.932031 | 0.76077 | 3.311765 | 5.326471 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Access to College Education Act
of 2007''.
SEC. 2. DEDUCTION FOR QUALIFIED POST-SECONDARY EDUCATIONAL EXPENSES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 224 as section 225 and
by inserting after section 223 the following new section:
``SEC. 224. COSTS OF POST-SECONDARY EDUCATION.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the qualified post-secondary
educational expenses paid or incurred by the taxpayer with respect to
the taxpayer and, in the case of a joint return, the taxpayer's spouse.
``(b) Limitations.--
``(1) Dollar amount limitation.--The qualified post-
secondary educational expenses taken into account under
subsection (a) with respect to any individual for any taxable
year shall not exceed $13,150.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $55,000 (twice such amount
in the case of a joint return), bears
to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(c) Qualified Post-Secondary Educational Expenses.--For purposes
of this section, the term `qualified post-secondary educational
expenses' means--
``(1) qualified tuition and related expenses (as defined in
section 25A(f)(1)), and
``(2) reasonable costs incurred for room and board of the
individual while such individual is attending an eligible
educational institution (as defined in section 25A(f)(2)) which
are not in excess of the limitations imposed under section
529(e)(3)(B)(ii).
``(d) Student Must Be at Least Half Time.--No expense shall be
taken into account under subsection (a) with respect to any individual
unless such individual is an eligible student (as defined in section
25A(b)(3)) with respect to the academic period to which such expense
relates.
``(e) Application of Certain Rules.--Rules similar to the rules of
subsections (e) and (g) of section 25A shall apply for purposes of this
section.
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2007, the dollar amounts contained in paragraphs (1) and
(2)(B)(i)(II) of subsection (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, determined by substituting
`calendar year 2006' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $1,000 such amount shall be rounded to
the next lowest multiple of $1,000. In the case of the
adjustment of the dollar amount contained in subsection (b)(1),
the previous sentence shall be applied by substituting `$50'
for `$1,000'.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Costs of post-secondary education.--The deduction
allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and
inserting before such item the following new item:
``Sec. 224. Costs of post-secondary education.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Real Access to College Education Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers (and their spouses if a joint return is filed) a tax deduction from gross income for post-secondary educational expenses, including tuition and related expenses and room and board. Limits the annual amount of such deduction to $13,150, subject to an adjustment based on the taxpayer's modified adjusted gross income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a deduction for the cost of attendance at an eligible educational institution."} | 1,148 | 91 | 0.586827 | 1.357711 | 0.682473 | 2.298701 | 12.922078 | 0.844156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Whistleblower and Patient
Protection Act of 2014''.
SEC. 2. ESTABLISHMENT OF OFFICE OF WHISTLEBLOWER AND PATIENT
PROTECTION.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by inserting after section 319 the following new section:
``Sec. 319A. Office of Whistleblower and Patient Protection
``(a) Establishment.--(1) There is in the Department an Office of
Whistleblower and Patient Protection (in this section referred to as
the `Office'). There is at the head of the Office a Director appointed
by the Secretary solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
``(2) The Director shall be a career appointee in the Senior
Executive Service.
``(3) The Director reports directly to the Secretary concerning
matters within the responsibility of the Office.
``(b) Complaints.--(1) The Director shall establish a dedicated
Internet website and toll-free telephone number for an individual,
regardless of whether the individual is an employee of the Department,
to file a covered complaint directly to the Office.
``(2)(A) In addition to covered complaints filed directly with the
Office pursuant to paragraph (1), the Secretary shall refer to the
Director any covered complaint that the Secretary receives directly,
including pursuant to the Patient Advocacy Program of the Veterans
Health Administration or other similar program, or that is transmitted
to the Secretary pursuant to section 1213 of title 5. In accordance
with subsection (c), the Director shall investigate each such
complaint.
``(B) The Secretary may not refer a covered complaint that the
Secretary receives as described in subparagraph (A) to any element of
the Department, including the Office of Medical Inspection, other than
the Office.
``(C) The Secretary shall ensure that employees of the Department
who are located at a medical facility are able to efficiently refer to
the Director any covered complaints received at such medical facility.
``(3) The identity of any individual who files a covered complaint
may not be disclosed by the Director without the consent of such
individual unless the Director determines that the disclosure of the
identity of the individual is necessary because of an imminent danger
to public health or safety or imminent violation of any criminal law.
``(c) Investigation and Determination.--(1) The Director shall
investigate each covered complaint that the Office receives directly
pursuant to paragraph (1) of subsection (b) or that the Secretary
refers to the Director as described in paragraph (2)(A) of such
subsection to determine whether there is a substantial likelihood that
the covered complaint discloses a violation of any law, rule, or
regulation, or gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health and
safety. The Director shall make such determination not later than 240
days after the date on which the Director receives the covered
complaint. The Director is the only official of the Department of
Veterans Affairs who may conduct an investigation that is required to
be conducted by the Department pursuant to section 1213 of title 5.
``(2) If the Director makes a positive determination under
paragraph (1) regarding a covered complaint, the Director shall--
``(A) notify the Secretary of such determination, including
the basis for such determination and recommendations for
actions to address such covered complaint; and
``(B) as appropriate, refer the covered complaint to the
head of the appropriate department or agency of the Federal
Government, including the Attorney General, Special Counsel, or
the Inspector General of the Department of Veterans Affairs.
``(3)(A) If the Director does not make a positive determination
under paragraph (1) regarding a covered complaint, the Director--
``(i) upon the consent of the individual who filed the
complaint, may transmit the complaint to the Secretary; and
``(ii) if the Director does not transmit the complaint
under clause (i), shall inform the individual of--
``(I) the reasons for such determination; and
``(II) other offices of the Federal Government
available for receiving such complaints if the
individual wishes to pursue the matter further.
``(B) Within a reasonable time after a covered complaint is
transmitted under subparagraph (A)(i), the Secretary shall inform the
Director in writing of what action has been or is being taken and when
such action will be completed. The Director shall inform the individual
who filed the complaint of the report of the Secretary.
``(d) Staff and Resources.--(1) The Office shall employ a
sufficient number of attorneys, investigators, and other personnel as
are necessary to carry out the functions of the Office, including
personnel with expertise in health care matters. Attorneys shall be
compensated at a level commensurate with attorneys employed by the
Office of the General Counsel.
``(2) The Secretary shall ensure that the Director is furnished
sufficient resources in addition to personnel under paragraph (1) to
enable the Director to carry out the functions of the Office in a
timely manner.
``(e) Coordination.--In carrying out the duties of the Office, the
Director shall coordinate with the Inspector General of the Department
and the Special Counsel to ensure that the actions of the Director are
not duplicative with the Inspector General or the Special Counsel.
``(f) Reports.--(1) During each 90-day period, the Director shall
submit to the Secretary a report that includes the following:
``(A) The findings and recommendations made by the Director
to the Secretary during the previous 90-day period.
``(B) With respect to such recommendations, whether the
Secretary has made any actions based on such findings during
such period.
``(C) During such period--
``(i) the number of covered complaints received by
the Director;
``(ii) the number of investigations commenced;
``(iii) the number of positive determinations made
under paragraph (2) of subsection (c);
``(iv) the number of covered complaints for which a
positive determination was not made pursuant to
paragraph (3)(A) of such subsection; and
``(v) the number of covered complaints transmitted
to the Secretary under such paragraph.
``(2) During each 180-day period, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report that includes each report described in paragraph (1)
submitted during the previous 180-day period and any legislative
recommendations of the Secretary to address problems or concerns
regarding the Office.
``(g) Covered Complaint Defined.--In this section, the term
`covered complaint' means a complaint regarding--
``(1) an alleged prohibited personnel practice committed by
an officer or employee of the Department and described in
section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of
title 5; or
``(2) the safety of a patient at a medical facility of the
Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
319 the following new item:
``319A. Office of Whistleblower and Patient Protection.''. | Veterans' Whistleblower and Patient Protection Act of 2014 - Establishes within the Department of Veterans Affairs (VA) an Office of Whistleblower and Patient Protection. Requires the Director of such Office to establish a dedicated Internet website and toll-free telephone number for any individual to file a complaint regarding an alleged prohibited personnel practice committed by a VA officer or employee or the safety of a patient at a VA medical facility. Directs the Secretary of Veterans Affairs to refer to the Director for investigation any such complaint the Secretary receives directly. Prohibits the Secretary from referring any such complaint to any other element of the VA. Requires the Secretary to ensure that VA employees located at a medical facility are able to efficiently refer any such complaints received to the Director. Prohibits the Director from disclosing the identity of any individual who files such a complaint without the individual's consent, except when necessary because of an imminent danger to public health or safety or imminent violation of any criminal law. Requires the Director to: (1) investigate each complaint to determine whether there is a substantial likelihood that it discloses a violation of any law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety; (2) make such determination within 240 days after its receipt; (3) notify the Secretary upon making a positive determination and refer the complaint, as appropriate, to the head of the appropriate federal department or agency; and (4) coordinate with the VA's Inspector General and Special Counsel to avoid duplicative actions. | {"src": "billsum_train", "title": "Veterans' Whistleblower and Patient Protection Act of 2014"} | 1,614 | 348 | 0.699747 | 2.253796 | 0.941402 | 4.501661 | 5.162791 | 0.913621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Economy Tax Simplification Act
(NETSA)''.
SEC. 2. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL
BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON
INTERSTATE COMMERCE.
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved on September 14, 1959 (15 U.S.C.
381 et seq.), is amended to read as follows:
``TITLE I--JURISDICTIONAL STANDARDS
``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND
USE TAX OBLIGATIONS ON INTERSTATE COMMERCE.
``(a) In General.--No State shall have power to impose, for any
taxable year ending after the date of enactment of this title, a
business activity tax or a duty to collect and remit a sales or use tax
on the income derived within such State by any person from interstate
commerce, unless such person has a substantial physical presence in
such State. A substantial physical presence is not established if the
only business activities within such State by or on behalf of such
person during such taxable year are any or all of the following:
``(1) The solicitation of orders or contracts by such
person or such person's representative in such State for sales
of tangible or intangible personal property or services, which
orders or contracts are approved or rejected outside the State,
and, if approved, are fulfilled by shipment or delivery of such
property from a point outside the State or the performance of
such services outside the State.
``(2) The solicitation of orders or contracts by such
person or such person's representative in such State in the
name of or for the benefit of a prospective customer of such
person, if orders or contracts by such customer to such person
to enable such customer to fill orders or contracts resulting
from such solicitation are orders or contracts described in
paragraph (1).
``(3) The presence or use of intangible personal property
in such State, including patents, copyrights, trademarks,
logos, securities, contracts, money, deposits, loans,
electronic or digital signals, and web pages, whether or not
subject to licenses, franchises, or other agreements.
``(4) The use of the Internet to create or maintain a World
Wide Web site accessible by persons in such State.
``(5) The use of an Internet service provider, on-line
service provider, internetwork communication service provider,
or other Internet access service provider, or World Wide Web
hosting services to maintain or take and process orders via a
web page or site on a computer that is physically located in
such State.
``(6) The use of any service provider for transmission of
communications, whether by cable, satellite, radio,
telecommunications, or other similar system.
``(7) The affiliation with a person located in the State,
unless--
``(A) the person located in the State is the
person's agent under the terms and conditions of
subsection (d); and
``(B) the activity of the agent in the State
constitutes substantial physical presence under this
subsection.
``(8) The use of an unaffiliated representative or
independent contractor in such State for the purpose of
performing warranty or repair services with respect to tangible
or intangible personal property sold by a person located
outside the State.
``(b) Domestic Corporations; Persons Domiciled in or Residents of a
State.--The provisions of subsection (a) shall not apply to the
imposition of a business activity tax or a duty to collect and remit a
sales or use tax by any State with respect to--
``(1) any corporation which is incorporated under the laws
of such State; or
``(2) any individual who, under the laws of such State, is
domiciled in, or a resident of, such State.
``(c) Sales or Solicitation of Orders or Contracts for Sales by
Independent Contractors.--For purposes of subsection (a), a person
shall not be considered to have engaged in business activities within a
State during any taxable year merely by reason of sales of tangible or
intangible personal property or services in such State, or the
solicitation of orders or contracts for such sales in such State, on
behalf of such person by one or more independent contractors, or by
reason of the maintenance of an office in such State by one or more
independent contractors whose activities on behalf of such person in
such State consist solely of making such sales, or soliciting orders or
contracts for such sales.
``(d) Attribution of Activities and Presence.--For purposes of this
section, the substantial physical presence of any person shall not be
attributed to any other person absent the establishment of an agency
relationship between such persons that--
``(1) results from the consent by both persons that one
person act on behalf and subject to the control of the other;
and
``(2) relates to the activities of the person within the
State.
``(e) Definitions.--For purposes of this title--
``(1) Business activity tax.--The term `business activity
tax' means a tax imposed on, or measured by, net income, a
business license tax, a business and occupation tax, a
franchise tax, a single business tax or a capital stock tax, or
any similar tax or fee imposed by a State.
``(2) Independent contractor.--The term `independent
contractor' means a commission agent, broker, or other
independent contractor who is engaged in selling, or soliciting
orders or contracts for the sale of, tangible or intangible
personal property or services for more than one principal and
who holds himself or herself out as such in the regular course
of his or her business activities.
``(3) Internet.--The term `Internet' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such Protocol.
``(4) Internet access.--The term `Internet access' means a
service that enables users to access content, information,
electronic mail, or other services offered over the Internet,
and may also include access to proprietary content,
information, and other services as a part of a package of
services offered to users.
``(5) Representative.--The term `representative' does not
include an independent contractor.
``(6) Sales tax.--The term `sales tax' means a tax that
is--
``(A) imposed on or incident to the sale of
tangible or intangible personal property or services as
may be defined or specified under the laws imposing
such tax; and
``(B) measured by the amount of the sales price,
cost, charge, or other value of or for such property or
services.
``(7) Solicitation of orders or contracts.--The term
`solicitation of orders or contracts' includes activities
normally ancillary to such solicitation.
``(8) State.--The term `State' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any political subdivision
thereof.
``(9) Use tax.--The term `use tax' means a tax that is--
``(A) imposed on the purchase, storage,
consumption, distribution, or other use of tangible or
intangible personal property or services as may be
defined or specified under the laws imposing such tax;
and
``(B) measured by the purchase price of such
property or services.
``(10) World wide web.--The term `World Wide Web' means a
computer server-based file archive accessible, over the
Internet, using a hypertext transfer protocol, file transfer
protocol, or other similar protocols.
``(f) Application of Section.--This section shall not be construed
to limit, in any way, constitutional restrictions otherwise existing on
State taxing authority.
``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES.
``(a) Limitations.--No State shall have power to assess after the
date of enactment of this title any business activity tax which was
imposed by such State or political subdivision for any taxable year
ending on or before such date, on the income derived for activities
within such State that affect interstate commerce, if the imposition of
such tax for a taxable year ending after such date is prohibited by
section 101.
``(b) Collections.--The provisions of subsection (a) shall not be
construed--
``(1) to invalidate the collection on or before the date of
enactment of this title of any business activity tax imposed
for a taxable year ending on or before such date; or
``(2) to prohibit the collection after such date of any
business activity tax which was assessed on or before such date
for a taxable year ending on or before such date.
``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE.
``If a State has imposed a business activity tax or a duty to
collect and remit a sales or use tax on a person as described in
section 101, and the person so obligated no longer has a substantial
physical presence in that State, the obligation to pay a business
activity tax or to collect and remit a sales or use tax on behalf of
that State applies only for the period in which the person has a
substantial physical presence.
``SEC. 104. SEPARABILITY.
``If any provision of this title or the application of such
provision to any person or circumstance is held invalid, the remainder
of this title or the application of such provision to persons or
circumstances other than those to which it is held invalid, shall not
be affected thereby.''. | Prohibits a State from assessing any business activity tax which was imposed prior to this Act, if the imposition of such tax is prohibited, above.
Terminates a person's obligation to pay State-imposed business activity, sales, or use tax if such person no longer has a substantial physical presence in that State. | {"src": "billsum_train", "title": "New Economy Tax Simplification Act (NETSA)"} | 2,259 | 74 | 0.479332 | 1.234904 | 0.439029 | 3.114754 | 34.081967 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PEPFAR Accountability and
Transparency Act''.
SEC. 2. EVALUATION OF HIV/AIDS PROGRAMS.
Subtitle A of title III of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7631 et
seq.) is amended by adding at the end the following:
``SEC. 308. PROGRAM MONITORING, OPERATIONS RESEARCH, AND IMPACT
EVALUATION RESEARCH.
``(a) Program Established.--The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally (referred to in this
section as the `Coordinator') shall establish a mechanism to evaluate
global HIV/AIDS programs financed by the United States Government in
order to improve accountability, increase transparency, and ensure the
delivery of evidence-based services. Such mechanism shall include
program monitoring, operations research, and impact evaluation
research.
``(b) Definitions.--In this subsection:
``(1) Impact evaluation research.--The term `impact
evaluation research' means the application of research methods
and statistical analysis to measure the extent to which a
change in a population-based outcome can be attributed to
program intervention instead of other environmental factors.
``(2) Operations research.--The term `operations research'
means the application of social science research methods and
statistical analysis to judge, compare, and improve policies
and program outcomes, from the earliest stages of defining and
designing programs through their development and
implementation.
``(3) Program monitoring.--The term `program monitoring'
means the collection, analysis, and use of routine program data
to determine how well a program is carried out and how much the
program costs.
``(4) Eligible entities.--The term `eligible entities'
means public or private organizations, including academic
institutions, that have documented experience in analyzing and
evaluating the effectiveness of health, development, or other
international aid programs.
``(c) Use of Funds.--The Coordinator shall use amounts provided
under this section, either directly or indirectly through grants,
contracts, or cooperative agreements to eligible entities, to conduct
program monitoring, operations research, and impact evaluation research
related to programs authorized under this Act. Such activities shall be
conducted to--
``(1) improve the coverage, efficiency, effectiveness,
quality, and accessibility of services provided under this Act;
``(2) establish the cost-effectiveness of program models;
``(3) assess the population-level impact of programs
implemented, including the impact of programs on women,
children, and other at-risk or vulnerable populations;
``(4) ensure the transparency and accountability of
services provided under this Act;
``(5) disseminate and promote the utilization of evaluation
findings, lessons, and best practices in the implementation of
the programs receiving financial assistance under this Act;
``(6) encourage and evaluate innovative service models and
strategies to optimize the delivery of care, treatment, and
prevention programs financed by the United States Government;
and
``(7) strengthen ongoing program monitoring and enhance
program quality through routine program evaluations, such as
midterm and final program evaluations.
``(d) Report.--Not later than 90 days after the date of the
enactment of the PEPFAR Accountability and Transparency Act, the
Coordinator shall submit a report to Congress that describes the
resources provided under this Act for program monitoring, operations
research, and impact evaluation research during the 5-year period
ending on September 30, 2008, that describes--
``(1) the projects for which resources were obligated and
the outcomes of those projects;
``(2) the program improvements, including cost or other
resource savings, which have been made as a result of program
monitoring, operations research, and impact evaluation
research;
``(3) how program monitoring, operations research, and
impact evaluation research priorities are determined and how
input from external experts is incorporated; and
``(4) the process used to allocate funding for
implementation of program monitoring, operations research, and
impact evaluation research.
``(e) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the PEPFAR Accountability and Transparency
Act, the Coordinator shall develop a 5-year strategic plan for
program monitoring, operations research, and impact evaluation
research.
``(2) Plan elements.--The plan developed under this
subsection shall include--
``(A) the amount of funding provided for program
monitoring, operations research, and impact evaluation
research under this Act available through fiscal year
2009;
``(B) strategies to address the goals described in
subsection (c);
``(C) priorities for program monitoring, operations
research, and impact evaluation research and a time
line for completion of activities associated with such
priorities; and
``(D) other information that the Coordinator
determines to be necessary.
``(3) Considerations.--In developing the plan under this
subsection, the Coordinator shall consider a range of research
priorities, including research in--
``(A) preventing new HIV infections by reducing
behavioral risks for HIV transmission, particularly in
at-risk and vulnerable populations, including--
``(i) delaying sexual debut;
``(ii) reducing the number of sexual
partners;
``(iii) practicing abstinence, fidelity,
and monogamy;
``(iv) using condoms, other effective
protection methods that have been developed and
are available, and female condoms; and
``(v) meeting the needs of discordant
couples;
``(B) improving health care delivery systems and
HIV/AIDS-related policies;
``(C) preventing mother-to-child transmission,
improving early identification of infected children,
and reducing the spread of HIV infections, particularly
in women and girls;
``(D) reducing HIV-related mortality and morbidity
of HIV;
``(E) treating adults and children infected by HIV
more effectively, including establishing better
approaches for increasing access to treatment and
increasing and sustaining treatment adherence;
``(F) addressing the vulnerabilities of married and
unmarried women and girls to HIV infection, including
those who are victims of rape, sexual violence, and
coercion;
``(G) integrating family planning into HIV/AIDS
prevention, care, and treatment strategies and
services;
``(H) encouraging men to be responsible for their
sexual behavior and to respect women, including the
reduction and elimination of sexual violence and
coercion;
``(I) developing models for scaling up HIV
counseling, testing with informed consent, and other
approaches that promote risk reduction and access to
care and treatment;
``(J) addressing risks associated with substance
use;
``(K) promoting the most effective models for
scaling up care and treatment access;
``(L) ensuring a safe blood supply;
``(M) improving injection safety, including
eliminating unnecessary injections and promoting
sterile injection practices and technologies;
``(N) improving health care workers' occupational
health and safety;
``(O) strengthening hospice and palliative care;
``(P) scaling up the provision of prevention, care
and treatment services to children, including those
orphaned by HIV/AIDS;
``(Q) preventing HIV through male circumcision; and
``(R) other research that the Coordinator
determines to be necessary.
``(4) Consultation.--In developing the strategic plan and
implementing, disseminating, and promoting the use of program
monitoring, operations research, and impact evaluation
research, the Coordinator shall consult with representatives
of--
``(A) the National Institutes of Health;
``(B) the United States Agency for International
Development;
``(C) the Centers for Disease Control and
Prevention;
``(D) the Agency for Healthcare Research and
Quality;
``(E) the Department of Health and Human Services;
``(F) the Department of Labor;
``(G) other Federal agencies engaged in global HIV/
AIDS programs;
``(H) multilateral structures, such as the United
Nations and the Global Fund To Fight AIDS, Tuberculosis
and Malaria;
``(I) national governments of foreign countries in
which programs under this Act are administered;
``(J) organizations implementing programmatic
activities under this Act; and
``(K) other organizations with expertise in
monitoring and evaluating international HIV/AIDS
programs.
``(5) Meeting and public comment.--The Coordinator shall--
``(A) not later than 180 days after the date of the
enactment of the PEPFAR Accountability and Transparency
Act, hold a public meeting at which the public may
present its views on the current needs and gaps in
program monitoring, operations research, and impact
evaluation research;
``(B) during the 30-day period following the public
meeting held pursuant to subparagraph (A), collect
written comments from the public; and
``(C) publish the comments received pursuant to
subparagraph (B) on the Office of the Global AIDS
Coordinator's Internet Web site.
``(6) Review of strategic plan.--The Coordinator shall--
``(A) not later than 1 year after the date of the
enactment of the PEPFAR Accountability and Transparency
Act, present the strategic plan developed under this
subsection to the appropriate congressional committees;
``(B) publish the strategic plan in the Federal
Register and on the Office of the Global AIDS
Coordinator's Internet Web site;
``(C) during the 60-day period following the
publication of the plan under subparagraph (B), solicit
written comments on the plan from the public;
``(D) hold a meeting at which the public is given
an opportunity to present its views on the plan; and
``(E) after consideration of the views and comments
received from the public, make any necessary revisions
to the plan.
``(f) Best Practices Report.--The Coordinator shall annually
publish a best practices report that highlights the programs that have
the potential for translation, particularly at a low cost, across
global AIDS programs, including those that focus on both generalized
and localized epidemics, receiving financial assistance from the United
States.
``(g) Dissemination of Findings.--
``(1) In general.--The Coordinator shall disseminate the
full findings of the multiple operations research and impact
evaluation research and program level monitoring efforts on the
Office of the Global AIDS Coordinator's Internet website in
order to improve transparency and public availability of
information about operations research and impact evaluation
research.
``(2) Dissemination guidance.--The Coordinator shall
develop guidance to ensure timely submission and dissemination
of all impact evaluation research, operations research, and
program monitoring findings. The time lines and processes
included in such guidance shall take into account the
publication process for peer-reviewed scientific or academic
journals and the discussion of such research findings at a
scientific meeting or any other public or private forum, so as
to maintain the scientific process without unduly restricting
dissemination of information.
``(h) Authorization of Appropriations.--In addition to funds made
available under section 401(a), there are authorized to be appropriated
such sums as may be necessary to carry out this section.''. | PEPFAR Accountability and Transparency Act - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to direct the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to: (1) establish a mechanism to evaluate global HIV/AIDS programs financed by the U.S. government in order to improve accountability, increase transparency, and ensure the delivery of evidence-based services; and (2) develop a five-year strategic plan for program monitoring, operations research, and impact evaluation research. | {"src": "billsum_train", "title": "To establish a program to evaluate HIV/AIDS programs in order to improve accountability, increase transparency, and ensure the delivery of evidence-based services."} | 2,459 | 119 | 0.629147 | 1.623286 | 0.613261 | 6.54 | 23.92 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Workforce
Modernization Act''.
SEC. 2. TRANSPORTATION WORKER RETRAINING GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation may make grants
under this section to institutions of higher education, a consortium of
such institutions to establish curriculum for a transportation worker
retraining program, or trade associations and other nongovernmental
stakeholders.
(b) Responsibilities.--The responsibilities of each grant recipient
or consortium of recipients shall include developing a curriculum to
establish a transportation worker retraining program aimed at training
and preparing workers who have been separated from their jobs for a
period determined by the Secretary or have received notice of impending
job loss as a result of being replaced by automated driving systems of
SAE (Society of Automotive Engineers) level 4 or higher. Individuals
who apply and are accepted to a transportation worker retraining
program shall pursue a degree or certification through the developed
coursework or curriculum. Grant recipients may use funds for studies,
pilot programs, as well as testing new roles for current jobs,
including mechanical work, diagnostic, and fleet operations management.
(c) General Selection Criteria.--The Secretary shall select
recipients of grants under this subsection on the basis of the
following criteria:
(1) The demonstrated research and extension resources
available to a grant recipient for carrying out this section.
(2) The capability of a grant recipient to develop
curriculum in the training or retraining of individuals
described in subsection (b) as a result of driverless vehicles.
(3) A grant recipient shall have an established
transportation program or programs with expertise in solving
transportation problems through research, training, education,
and technology and sharing such information with other
programs.
(4) The demonstrated commitment of the recipient to carry
out a transportation workforce development program through
degree-granting programs or programs that provide other
industry-recognized credentials.
(d) Federal Share.--The Federal share of a grant under this section
shall be a dollar for dollar match of the costs of establishing and
administering the retraining program and related activities carried out
by the grant recipient or consortium of grant recipients.
(e) Transparency.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the overall review process under paragraph (3) that
includes--
(1) specific criteria of evaluation used in the review;
(2) descriptions of the review process; and
(3) explanations of why recipients were selected.
(f) Tracking of Certain Information.--Not later than 1 year after
grant awards are made under this section, the Secretary shall implement
a reporting or tracking mechanism to determine--
(1) from which sectors of industry are displaced
transportation workers coming from;
(2) what skills and professions are participants being
retrained for;
(3) how many workers have used the program; and
(4) relevant demographic information.
(g) Definition of Institution of Higher Learning.--For purposes of
this Act the term ``institution of higher education'' has the same
meaning given the term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$25,000,000 to be used in fiscal years 2020, 2021, and 2022 to
carry out this section. Each recipient may receive a one-time
grant in an amount determined by the Secretary of
Transportation.
(2) Limitation on availability of amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which the
amounts are authorized.
SEC. 3. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall conduct a study and report to Congress
regarding the impact of driverless vehicle adoption--
(1) on the Nation's workforce;
(2) on the trucking, freight movement, and personal
transportation industries;
(3) on lost wages;
(4) on job loss, including the economic impact on each
region of the United States; and
(5) on the creation of new jobs and how such transportation
sector jobs would change. | Transportation Workforce Modernization Act This bill authorizes the Department of Transportation to make grants to institutions of higher education and other entities to establish curriculum for a transportation worker retraining program for workers displaced by the adoption of automated driving systems. The Government Accountability Office shall study and report on the impact of driverless vehicle adoption on specified sectors of the economy. | {"src": "billsum_train", "title": "Transportation Workforce Modernization Act"} | 933 | 74 | 0.566486 | 1.448421 | 0.358323 | 2.378788 | 13.515152 | 0.80303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings for the Uninsured on Rx
Expenses (SURE) Act of 2005''.
SEC. 2. DRUG DISCOUNT CARD PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Health and Human Services
shall establish a program under this section to endorse
prescription drug discount card programs that meet the
requirements of this section in order to provide access to
prescription drug discounts through prescription drug card
sponsors for eligible individuals throughout the United States.
The program is modeled on the medicare prescription drug
discount card program under section 1860D-31 of the Social
Security Act, but without any transitional assistance program
as described in subsection (g) of such section.
(2) Deadline.--The Secretary shall implement the program
under this section so that discount cards are first available
by not later than 6 months after the date of the enactment of
this Act.
(3) Voluntary nature of program.--Nothing in this section
shall be construed as requiring an eligible individual to
enroll in an endorsed discount card program under this section.
(4) Administration.--The Secretary shall provide for the
establishment and administration of the program under this
section through an office in the Department of Health and Human
Services that is separate from the Centers for Medicare &
Medicaid Services. The Secretary may promulgate regulations to
carry out this section.
(b) Definitions.--
(1) Eligible individual.--For purposes of this section, the
term ``eligible individual'' means any individual who--
(A) is a citizen or national of the United States
or is an alien lawfully admitted to the United States
for permanent residence or otherwise permanently
residing in the United States under color of law;
(B) is not eligible for outpatient prescription
drug coverage; and
(C) is not eligible to enroll for prescription drug
coverage under part D of title XVIII of the Social
Security Act.
(2) Outpatient prescription drug coverage.--For purposes of
paragraph (1)(B), the term ``outpatient prescription drug
coverage'' means coverage of prescription drugs on an
outpatient basis under health insurance, a group health plan,
or other form of health benefits coverage (such as under the
Federal employees health benefits program, under the medicaid
program or the State children's health insurance program
(SCHIP), under a program of the Indian Health Service (IHS),
under a program of the Department of Veterans Affairs or the
Department of Defense). Such term does not include coverage
under a high deductible plan or benefits under a health savings
account or flexible spending account.
(3) Covered discount card drug.--For purposes of this
section, the term ``covered discount card drug'' means at least
those drugs that are covered part D drugs under section 1860D-
2(e) of the Social Security Act.
(c) Enrollment and Enrollment Fees.--The provisions of subsection
(c) of section 1860D-31 of the Social Security Act shall apply under
this section in the same manner as they apply under such section,
except that--
(1) the enrollment forms shall be such enrollment forms as
may be established for purposes of carrying out this section;
(2) notwithstanding paragraph (1)(C)(ii) of such
subsection, there shall be an annual open enrollment process
for eligible individuals;
(3) notwithstanding paragraph (2) of such subsection, the
annual enrollment fee shall not be prorated for any year and
shall continue for each year in which the program is in
operation under this section;
(4) there shall be no special provisions for transitional
assistance for eligible individuals; and
(5) the limitation on enrollment before January 1, 2006,
under paragraph (1)(A)(ii) of such subsection shall not apply.
(d) Provision of Information on Enrollment.--The provisions of
subsection (d) of such section shall apply under this section in the
same manner as they apply under such section, except that--
(1) the information disseminated shall include information
concerning the use of health savings accounts to cover the
costs of prescription drugs for which discounts are provided
under this section;
(2) there shall be a toll-free number, other than the
medicare toll-free number, used to carry out paragraph (1)(D)
of such subsection;
(3) any special provisions relating to transitional
assistance for eligible individuals shall not apply; and
(4) the information disseminated does not need to include
information on medicare options.
(e) Discount Card and Eligibility Features; Qualification of
Sponsors; Endorsement of Programs; Disclosure and Oversight.--
(1) Application of certain provisions.--The provisions of
subsections (e) (other than paragraph (1)(D)), (f), (h) (other
than paragraph (9)), and (i) of such section shall apply under
this section in the same manner as they apply under such
section, except that no provision relating to transitional
assistance for eligible individuals shall apply.
(2) Requirement for marketing plans.-- The Secretary shall
require that sponsors of prescription drug discount card
programs demonstrate that they have a marketing plan to reach
out effectively to eligible individuals.
(3) Additional information.--In addition to the use of
information described in subsection (f)(3)(B) of such section
for verification of eligibility, the Secretary shall also use--
(A) information on medicare eligibility; and
(B) eligibility information made available to the
Secretary under arrangements between the Secretary and
the Secretaries of Veterans Affairs and Defense in
connection with programs of the Departments of Veterans
Affairs and Defense.
(f) Miscellaneous Provisions.--There shall be no judicial review of
a determination not to endorse a prescription drug discount card
program or not to enter into a contract with a prescription drug card
sponsor under this section. | Savings for the Uninsured on Rx Expenses (SURE) Act of 2005 - Requires the Secretary of Health and Human Services to establish a prescription drug discount card program modeled on the Medicare drug discount card program to provide access to prescription drug discounts for eligible individuals.
Defines as "eligible" an individual who: (1) is a U.S. citizen, national, or alien lawfully admitted for permanent residence; (2) is not eligible for outpatient prescription drug coverage; and (3) is not eligible to enroll for prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act.
Applies the Medicare drug discount card program requirements related to enrollment and card features, with certain exceptions.
Requires a prescription drug card sponsor to disseminate information concerning the use of health savings accounts to cover the costs of prescriptions drugs for which discounts are provided. Directs the Secretary to require that sponsors demonstrate that they have a marketing plan to effectively reach out to eligible individuals.
Disallows judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a sponsor. | {"src": "billsum_train", "title": "To provide for a drug discount program for individuals without prescription drug coverage."} | 1,252 | 266 | 0.666116 | 1.748818 | 0.787467 | 4.345291 | 5.278027 | 0.928251 |
SECTION 1. SUICIDE PREVENTION.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq) is amended by adding at the end the following:
``SEC. 520C. SUICIDE PREVENTION FOR CHILDREN AND ADOLESCENTS.
``(a) In General.--The Secretary shall award grants, contracts, or
cooperative agreements to States, political subdivisions of States,
Indian tribes, tribal organizations, public organizations, or private
nonprofit organizations to establish programs to reduce suicide deaths
in the United States among children and adolescents.
``(b) Collaboration.--In carrying out subsection (a), the Secretary
shall ensure that activities under this section are coordinated among
the Substance Abuse and Mental Health Services Administration, the
relevant institutes at the National Institutes of Health, the Centers
for Disease Control and Prevention, the Health Resources and Services
Administration, and the Administration on Children and Families.
``(c) Requirements.--A State, political subdivision of a State,
Indian tribe, tribal organization, public organization, or private
nonprofit organization desiring a grant, contract, or cooperative
agreement under this section shall demonstrate that the suicide
prevention program such entity proposes will--
``(1) provide for the timely assessment, treatment, or
referral for mental health or substance abuse services of
children and adolescents at risk for suicide;
``(2) be based on best evidence-based, suicide prevention
practices and strategies that are adapted to the local
community;
``(3) integrate its suicide prevention program into the
existing health care system in the community including primary
health care, mental health services, and substance abuse
services;
``(4) be integrated into other systems in the community
that address the needs of children and adolescents including
the educational system, juvenile justice system, welfare and
child protection systems, and community youth support
organizations;
``(5) use primary prevention methods to educate and raise
awareness in the local community by disseminating evidence-
based information about suicide prevention;
``(6) include suicide prevention, mental health, and
related information and services for the families and friends
of those who completed suicide, as needed;
``(7) provide linguistically appropriate and culturally
competent services, as needed;
``(8) provide a plan for the evaluation of outcomes and
activities at the local level, according to standards
established by the Secretary, and agree to participate in a
national evaluation; and
``(9) ensure that staff used in the program are trained in
suicide prevention and that professionals involved in the
system of care have received training in identifying persons at
risk of suicide.
``(d) Use of Funds.--Amounts provided under grants, contracts, or
cooperative agreements under subsection (a) shall be used to supplement
and not supplant other Federal, State, and local public funds that are
expended to provide services for eligible individuals.
``(e) Condition.--An applicant for a grant, contract, or
cooperative agreement under subsection (a) shall demonstrate to the
Secretary that the applicant has the support of the local community and
relevant public health officials.
``(f) Special Populations.--In awarding grants, contracts, and
cooperative agreements under subsection (a), the Secretary shall ensure
that such awards are made in a manner that will focus on the needs of
communities or groups that experience high or rapidly rising rates of
suicide.
``(g) Application.--A State, political subdivision of a State,
Indian tribe, tribal organization, public organization, or private
nonprofit organization receiving a grant, contract, or cooperative
agreement under subsection (a) shall prepare and submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require. Such application
shall include a plan for the rigorous evaluation of activities funded
under the grant, contract, or cooperative agreement, including a
process and outcome evaluation.
``(h) Distribution of Awards.--In awarding grants, contracts, and
cooperative agreements under subsection (a), the Secretary shall ensure
that such awards are distributed among the geographical regions of the
United States and between urban and rural settings.
``(i) Evaluation.--A State, political subdivision of a State,
Indian tribe, tribal organization, public organization, or private
nonprofit organization receiving a grant, contract, or cooperative
agreement under subsection (a) shall prepare and submit to the
Secretary at the end of the program period, an evaluation of all
activities funded under this section.
``(j) Dissemination and Education.--The Secretary shall ensure that
findings derived from activities carried out under this section are
disseminated to State, county and local governmental agencies and
public and private nonprofit organizations active in promoting suicide
prevention and family support activities.
``(k) Duration of Projects.--With respect to a grant, contract, or
cooperative agreement awarded under this section, the period during
which payments under such award may be made to the recipient may not
exceed 5 years.
``(l) Study.--Within 1 year after the date of enactment of this
section, the Secretary shall, directly or by grant or contract,
initiate a study to assemble and analyze data to identify--
``(1) unique profiles of children under 13 who attempt or
complete suicide;
``(2) unique profiles of youths between ages 13 and 21 who
attempt or complete suicide; and
``(3) a profile of services which might have been available
to these groups and the use of these services by children and
youths from paragraphs (1) and (2).
``(m) Authorization of Appropriation.--
``(1) In general.--For purposes of carrying out this
section, there is authorized to be appropriated $75,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the fiscal years 2002 and 2003.
``(2) Program management.--In carrying out this section,
the Secretary shall use 1 percent of the amount appropriated
under paragraph (1) for each fiscal year for managing programs
under this section.''. | Requires the Secretary to initiate a study concerning suicide or attempted suicide by children and youth. | {"src": "billsum_train", "title": "A bill to amend the Public Health Services Act to provide for suicide prevention activities with respect to children and adolescents."} | 1,294 | 22 | 0.513702 | 1.217934 | 0.018492 | 1.647059 | 74.058824 | 0.823529 |
SECTION 1. PROTECTIONS FOR CREDIT REPORTS OF MINORS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following new
section:
``SEC. 605C. ADDITIONAL PROTECTIONS FOR CREDIT REPORTS OF MINOR
CONSUMERS.
``(a) In General.--A consumer reporting agency described in section
603(p) shall, upon request by a covered guardian of a minor consumer,
create a blocked file for the minor consumer or convert a file of the
minor consumer already in existence to a blocked file.
``(b) Requirements.--The Bureau, by rule, shall establish
procedures--
``(1) for a consumer reporting agency described in section
603(p) to properly identify the covered guardian and the minor
consumer prior to creating, converting, or unblocking a blocked
file for such minor consumer;
``(2) for such a consumer reporting agency to create a
blocked file for a minor consumer or to convert a file of a
minor consumer already in existence to a blocked file; and
``(3) consistent with subsection (c), for a covered
guardian to unblock a file.
``(c) Unblocking a File.--
``(1) In general.--A consumer reporting agency described in
section 603(p) shall unblock a blocked file upon request by a
covered guardian or on the date of the 18th birthday of the
minor consumer.
``(2) Alert statement.--An alert statement shall be
included in a file unblocked pursuant to paragraph (1) if the
minor consumer was a victim of fraud or identity theft before
the date of the 18th birthday of the minor consumer as follows:
``(A) For a file unblocked upon request by a
covered guardian, for a period of time beginning on the
date such file is unblocked and ending on the date that
is 1 year after the date of the 18th birthday of the
minor consumer.
``(B) For a file unblocked on the date of the 18th
birthday of the minor consumer, for a period of 1 year
after such date.
``(3) Duty of reseller.--With respect to information
concerning a consumer whose file contains an alert statement, a
reseller shall include such alert statement when furnishing
such information.
``(d) Fees.--
``(1) In general.--The Bureau shall determine if a fee may
be charged, and the amount of the fee charged, by a consumer
reporting agency described in section 603(p) to create,
convert, or unblock a file.
``(2) Fees prohibited.--A consumer reporting agency
described in section 603(p) may not charge a fee to a minor
consumer who was a victim of fraud or identity theft prior to
the date of the minor's 18th birthday, to create, convert, or
unblock a file.
``(e) Exceptions.--No provision of this section shall be construed
as requiring a consumer reporting agency described in section 603(p) to
prevent a Federal, State, or local law enforcement agency from
accessing a blocked file.
``(f) Definitions.--In this section the following definitions shall
apply:
``(1) Alert statement.--The term `alert statement' means a
statement that--
``(A) notifies all prospective users of a consumer
report relating to the consumer that the consumer may
be a victim of fraud, including identity theft; and
``(B) is presented in a manner that facilitates a
clear and conspicuous view of the statement described
in subparagraph (A) by any person requesting such
consumer report.
``(2) Blocked file.--The term `blocked file' means a file
of a minor consumer in which, pursuant to this section, a
consumer reporting agency--
``(A) maintains a file with the name, social
security number, date of birth, and, if applicable, any
credit information of the minor consumer;
``(B) may not provide any person with a consumer
report of the minor consumer; and
``(C) blocks the input of any information into the
file, except with permission from a covered guardian of
the minor consumer.
``(3) Covered guardian.--The term `covered guardian'
means--
``(A) the legal guardian of a minor child;
``(B) the custodian of a minor child; or
``(C) in the case of a child in foster care, the
State agency or Indian tribe or tribal organization
responsible for the child's foster care.
``(4) Minor consumer.--The term `minor consumer' means an
consumer who has not attained 18 years of age.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting
after the item related to section 605B the following new item:
``605C. Additional protections for credit reports of minor
consumers.''. | Amends the Fair Credit Reporting Act, with respect to protections for credit reports of minor consumers, to require a consumer reporting agency, upon request by the legal guardian or custodian of a minor consumer (including the state or tribal agency responsible for a child in foster care), to either create a blocked file for the minor or convert an already existing file to blocked status. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) establish implementing procedures, and (2) determine what fee, if any, may be charged by a consumer reporting agency to create, convert, or unblock a file. Requires a consumer reporting agency to: (1) unblock a blocked file upon request by a guardian or on the minor's 18th birthday, and (2) include an alert statement in an unblocked file if the minor consumer was a victim of fraud or identity theft before that 18th birthday. Requires a reseller who furnishes information concerning a consumer file containing an alert statement to include it when furnishing information. Prohibits a consumer reporting agency from charging a fee to create, convert, or unblock the file of a consumer who was a victim of fraud or identity theft before his or her 18th birthday. | {"src": "billsum_train", "title": "To amend the Fair Credit Reporting Act to create protected credit reports for minors and protect the credit of minors, and for other purposes."} | 1,197 | 279 | 0.721194 | 2.224262 | 0.802038 | 3.497872 | 4.357447 | 0.902128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Nuclear Technology
Development Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nuclear energy generates approximately 20 percent of
the total electricity and approximately 60 percent of the
carbon-free electricity of the United States.
(2) Nuclear power plants operate consistently at a 90
percent capacity factor, and provide consumers and businesses
with reliable and affordable electricity.
(3) Nuclear power plants generate billions of dollars in
national economic activity through nationwide procurements and
provide thousands of Americans with high paying jobs
contributing substantially to the local economies in
communities where they operate.
(4) The United States commercial nuclear industry must
continue to lead the international civilian nuclear
marketplace, because it is one of our most powerful national
security tools, guaranteeing the safe, secure, and exclusively
peaceful use of nuclear energy.
(5) Maintaining the Nation's nuclear fleet of commercial
light water reactors and expanding the use of new advanced
reactor designs would support continued production of reliable
baseload electricity and maintain United States global
leadership in nuclear power.
(6) Nuclear fusion technology also has the potential to
generate electricity with significantly increased safety
performance and no radioactive waste.
(7) The development of advanced reactor designs would
benefit from a performance-based, risk-informed, efficient, and
cost-effective regulatory framework with defined milestones and
the opportunity for applicants to demonstrate progress through
Nuclear Regulatory Commission approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
fission reactors, which may include inherent safety
features, lower waste yields, greater fuel utilization,
superior reliability, resistance to proliferation, and
increased thermal efficiency; or
(B) a nuclear fusion reactor.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Licensing.--The term ``licensing'' means NRC activities
related to reviewing applications for licenses, permits, and
design certifications, and requests for any other regulatory
approval for nuclear reactors within the responsibilities of
the NRC under the Atomic Energy Act of 1954.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) NRC.--The term ``NRC'' means the Nuclear Regulatory
Commission.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. AGENCY COORDINATION.
The NRC and the Department shall enter into the a memorandum of
understanding regarding the following topics:
(1) Technical expertise.--Ensuring that the Department has
sufficient technical expertise to support the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative advanced reactor
technology and the NRC has sufficient technical expertise to
support the evaluation of applications for licenses, permits,
and design certifications, and other requests for regulatory
approval for advanced reactors.
(2) Modeling and simulation.--The use of computers and
software codes to calculate the behavior and performance of
advanced reactors based on mathematical models of their
physical behavior.
(3) Facilities.--Ensuring that the Department maintains and
develops the facilities to enable the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative reactor technology
and ensuring that the NRC has access to such facilities, as
needed.
SEC. 5. REPORTING TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the National
Laboratories, relevant Federal agencies, and other stakeholders, shall
submit to the Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Environment and Public Works and the Committee Energy and
Natural Resources of the Senate a report assessing the capabilities of
the Department to authorize, host, and oversee privately proposed and
funded experimental reactors.
(b) Contents.--Such report shall address--
(1) the safety review and oversight capabilities of the
Department, including options to leverage expertise from the
NRC and the National Laboratories;
(2) options to regulate Department hosted, privately
proposed and funded experimental reactors;
(3) potential sites capable of hosting the activities
described in subsection (a);
(4) the efficacy of the available contractual mechanisms of
the Department to partner with the private sector and other
Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology;
(5) the Federal Government's liability with respect to the
disposal of low-level radioactive waste, spent nuclear fuel, or
high-level radioactive waste, as defined by section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
(6) the impact on the Nation's aggregate inventory of low-
level radioactive waste, spent nuclear fuel, or high-level
radioactive waste;
(7) potential cost structures relating to physical
security, decommissioning, liability, and other long-term
project costs; and
(8) other challenges or considerations identified by the
Secretary.
(c) Updates.--The Secretary shall update relevant provisions of the
report submitted under subsection (a) every 2 years and submit that
update to the Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Environment and Public Works and the Committee Energy and
Natural Resources of the Senate.
SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK.
(a) Plan Required.--Not later than 1 year after the date of
enactment of this Act, the NRC shall transmit to the Committee on
Energy and Commerce and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Environment and
Public Works of the Senate a plan for developing an efficient, risk-
informed, technology-neutral framework for advanced reactor licensing.
The plan shall evaluate the following subjects, consistent with the
NRC's role in protecting public health and safety and common defense
and security:
(1) The unique aspects of advanced reactor licensing and
any associated legal, regulatory, and policy issues the NRC
will need to address to develop a framework for licensing
advanced reactors.
(2) Options for licensing advanced reactors under existing
NRC regulations in title 10 of the Code of Federal Regulations,
a proposed new regulatory framework, or a combination of these
approaches.
(3) Options to expedite and streamline the licensing of
advanced reactors, including opportunities to minimize the time
from application submittal to final NRC licensing decision and
minimize the delays that may result from any necessary
amendments or supplements to applications.
(4) Options to expand the incorporation of consensus-based
codes and standards into the advanced reactor regulatory
framework to minimize time to completion and provide
flexibility in implementation.
(5) Options to make the advanced reactor licensing
framework more predictable. This evaluation should consider
opportunities to improve the process by which application
review milestones are established and maintained.
(6) Options to allow applicants to use phased review
processes under which the NRC issues approvals that do not
require the NRC to re-review previously approved information.
This evaluation shall consider the NRC's ability to review and
conditionally approve partial applications, early design
information, and submittals that contain design criteria and
processes to be used to develop information to support a later
phase of the design review.
(7) The extent to which NRC action or modification of
policy is needed to implement any part of the plan required by
this subsection.
(8) The role of licensing advanced reactors within NRC
long-term strategic resource planning, staffing, and funding
levels.
(9) Options to provide cost-sharing financial structures
for license applicants in a phased licensing process.
(b) Coordination and Stakeholder Input Required.--In developing the
plan required by subsection (a), the NRC shall seek input from the
Department, the nuclear industry, and other public stakeholders.
(c) Cost and Schedule Estimate.--The plan required by subsection
(a) shall include proposed cost estimates, budgets, and specific
milestones for implementing the advanced reactor regulatory framework
by September 30, 2019.
(d) Design Certification Status.--In the NRC's first budget request
after the acceptance of any design certification application for an
advanced nuclear reactor, and annually thereafter, the NRC shall
provide the status of performance metrics and milestone schedules. The
budget request shall include a plan to correct or recover from any
milestone schedule delays, including delays because of NRC's inability
to commit resources for its review of the design certification
applications.
SEC. 7. USER FEES AND ANNUAL CHARGES.
Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of
1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) for fiscal years ending before
October 1, 2020, amounts appropriated to the
Commission for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies.''.
Passed the House of Representatives September 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Advanced Nuclear Technology Development Act of 2016 (Sec. 4)This bill requires the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) to enter into a memorandum of understanding to: ensure that DOE has sufficient technical expertise to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative advanced reactor technology; ensure that the NRC has sufficient technical expertise to support the evaluation of requests for regulatory approval for advanced reactors; use computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior; and ensure that the DOE maintains and develops the facilities to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative reactor technology and that the NRC has access to such facilities, as needed. (Sec.5)DOE must submit a report to Congress within 180 days evaluating activities intended to facilitate the testing and demonstration of advanced reactors on DOE land and facilities and the potential for DOE to test and demonstrate on private land. The report must be updated and re-submitted to Congress every two years.Additionally, the report shall address certain issues including safety, cost, liability, facility siting, and options to regulate the advanced reactors. (Sec.6)The NRC must develop a plan within one year to implement a regulatory framework for licensing advanced nuclear reactors. The plan shall include options to expedite and streamline the licensing process for advanced reactors, cost estimates, budgets, and specific milestones for implementing the framework by the end of FY2019. (Sec.7) This bill also amends the Omnibus Budget Reconciliation Act of 1990 to require that the aggregate amount of fees collected by the NRC from licensees and certificate holders in a fiscal year be decreased by the amount of appropriations for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies. | {"src": "billsum_train", "title": "Advanced Nuclear Technology Development Act of 2016"} | 2,052 | 407 | 0.621526 | 2.001752 | 0.782121 | 2.95389 | 5.697406 | 0.873199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Reduction for Farmers
Act''.
SEC. 2. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall establish a process
for filing petitions for nonimmigrant visas under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) that ensures that--
(1) petitioners may file such petitions through the
Department of Labor's website;
(2) any software developed to process such petitions
indicates to the petitioner any technical deficiency in the
application before submission; and
(3) any petitioner may file such petition in a paper format
if such petitioner prefers such format.
(b) Request for Evidence.--Section 218(h) of the Immigration and
Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the
following:
``(3) If U.S. Citizenship and Immigration Services issues a Request
for Evidence to an employer--
``(A) the employer may request such Request for Evidence to
be delivered in an online format; and
``(B) if the employer makes the request described in
subparagraph (A)--
``(i) the Request for Evidence shall be provided to
the employer in an online format; and
``(ii) not later than 10 business days after the
employer submits the requested evidence online, U.S.
Citizenship and Immigration Services shall provide an
online response to the employer--
``(I) indicating that the submitted
evidence is sufficient; or
``(II) explaining the reasons that such
evidence is not sufficient and providing the
employer with an opportunity to address any
such deficiency.''.
SEC. 3. H-2A PROGRAM UPDATES.
(a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by
inserting ``, labor as a year-round equine worker, labor as a year-
round livestock worker (including as a dairy or poultry worker)''
before ``, and the pressing of apples''.
(b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) Multiple employers may submit a joint petition under
subparagraph (A) to import aliens as nonimmigrants described in section
101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint
employer shall be subject to the provisions under section 218 with
respect to each alien listed in such petition. If any individual party
to such a joint contract violates any condition for approval with
respect to the application or provisions under section 218 with respect
to each alien listed in such petition, after notice and opportunity for
a hearing, the contract may be modified to remove the party in
violation from the contract at no penalty to the remaining parties.
``(C) If a petition to import aliens as nonimmigrants described in
section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas
requested through such petition is delayed due to a problem with the
petition, the Director of U.S. Citizenship and Immigration Services
shall promptly notify the petitioner of the reasons for such denial or
delay and provide the petitioner with reasonable time to remedy the
problem.''.
(c) Labor Certification; Staggered Employment Dates.--Section
218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as
amended by section 3(b), is further amended by adding at the end the
following:
``(4) An employer that is seeking to rehire aliens as H-2A workers
who previously worked for the employer as H-2A workers may submit a
simplified petition, to be developed by the Director of U.S.
Citizenship and Immigration Services, in consultation with the
Secretary of Labor, which shall include a certification that the
employer maintains compliance with all applicable requirements with
respect to the employment of such aliens. Such petitions shall be
approved upon completion of applicable security screenings.
``(5) An employer that is seeking to hire aliens as H-2A workers
during different time periods in a given fiscal year may submit a
single petition to U.S. Citizenship and Immigration Services that
details the time period during which each such alien is expected to be
employed.
``(6) Upon receiving notification from an employer that the
employer's H-2A worker has prematurely abandoned employment or has
failed to appear for employment and such employer wishes to replace
such worker--
``(A) the Secretary of State shall promptly issue a visa
under section 101(a)(15)(H)(ii)(a) to an eligible alien
designated by the employer to replace that worker; and
``(B) the Secretary of Homeland Security shall promptly
admit such alien into the United States upon completion of
applicable security screenings.''. | Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers (H-2A visa) that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from U.S. Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient; and (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers (including dairy or poultry workers) within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period. | {"src": "billsum_train", "title": "Paperwork Reduction for Farmers Act"} | 1,267 | 393 | 0.696383 | 2.419877 | 0.815729 | 3.313609 | 3.017751 | 0.887574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable
Compensation Amendments Act of 2006''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) the Pick-Sloan Missouri River Basin program, authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891), was intended
to promote the general economic development of the United
States;
(2) the Oahe Dam and Reservoir Project--
(A) is a major component of the Pick-Sloan Missouri
River Basin program; and
(B) contributes to the national economy;
(3) the Oahe Dam and Reservoir Project flooded the fertile
bottom land of the Cheyenne River Sioux Reservation, which
greatly damaged the economy and cultural resources of the
Cheyenne River Sioux Tribe and caused the loss of many homes
and communities of members of the Tribe;
(4) Congress has provided compensation to several Indian
tribes, including the Cheyenne River Sioux Tribe, that border
the Missouri River and suffered injury as a result of 1 or more
of the Pick-Sloan projects;
(5) on determining that the compensation paid to the
Cheyenne River Sioux Tribe was inadequate, Congress enacted the
Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365), which created the Cheyenne River
Sioux Tribal Recovery Trust Fund; and
(6) that Act did not provide for additional compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project.
(b) Purposes.--The purposes of this Act are--
(1) to provide that the Cheyenne River Sioux Tribal
Recovery Trust Fund may be used to provide compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project; and
(2) to provide for the capitalization of the Cheyenne River
Sioux Tribal Recovery Trust Fund.
SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION.
(a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux
Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365)
is amended--
(1) in subsection (a)(3), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) the United States did not justly or fairly
compensate the Tribe and member landowners for the Oahe
Dam and Reservation project, under which the United
States acquired 104,492 acres of land of the Tribe and
member landowners; and
``(B) the Tribe and member landowners should be
adequately compensated for that land;''; and
(2) in subsection (b)(1), by inserting ``and member
landowners'' after ``Tribe'' each place it appears.
(b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe
Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is
amended--
(1) by redesignating paragraph (1) as paragraph (3) and
moving the paragraph so as to appear after paragraph (2); and
(2) by inserting before paragraph (2) the following:
``(1) Member landowner.--The term `member landowner' means
a member of the Tribe (or an heir of such a member) that owned
land (including land allotted under the Act of February 8, 1887
(24 Stat. 388, chapter 119)) located on the Cheyenne River
Sioux Reservation that was acquired by the United States for
the Oahe Dam and Reservoir Project.''.
(c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104
of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Funding.--On the first day of the fiscal year beginning after
the date of enactment of the Cheyenne River Sioux Tribe Equitable
Compensation Amendments Act of 2006 and on the first day of each of the
following 4 fiscal years (referred to in this section as the
`capitalization dates'), the Secretary of the Treasury shall deposit
into the Fund, from amounts in the general fund of the Treasury--
``(1) $58,144,591.60; and
``(2) an additional amount equal to the amount of interest
that would have accrued if--
``(A) the amount described in paragraph (1) had
been--
``(i) credited to the principal account as
described in subsection (c)(2)(B)(i)(I) on the
first day of the fiscal year beginning October
1, 2001; and
``(ii) invested as described in subsection
(c)(2)(C) during the period beginning on the
date described in clause (i) and ending on the
last day of the fiscal year before the fiscal
year in which that amount is deposited into the
Fund; and
``(B) the interest that would have accrued under
subparagraph (A) during the period described in
subparagraph (A)(ii) had been--
``(i) credited to the interest account
under subsection (c)(2)(B)(ii); and
``(ii) invested during that period in
accordance with subsection (c)(2)(D)(i).'';
(2) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the Fund only in interest-bearing obligations of the United
States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the Fund in accordance with this
paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited into the Fund under subsection (b)(1)
shall be--
``(I) credited to a principal
account within the Fund (referred to in
this paragraph as the `principal
account'); and
``(II) invested in accordance with
subparagraph (C).
``(ii) Interest account.--
``(I) In general.--The interest
earned from investing amounts in the
principal account shall be--
``(aa) transferred to a
separate interest account
within the Fund (referred to in
this paragraph as the `interest
account'); and
``(bb) invested in
accordance with subparagraph
(D).
``(II) Crediting.--The interest
earned from investing amounts in the
interest account, and the amounts
deposited into the Fund under
subsection (b)(2), shall be credited to
the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Amounts in the
principal account shall be initially invested
in eligible obligations with the shortest
available maturity.
``(ii) Subsequent investments.--
``(I) In general.--On the date on
which the amount in the principal
account is divisible into 3
substantially equal portions, each
portion shall be invested in eligible
obligations that are identical (except
for transferability) to the next-issued
publicly-issued Treasury obligations
having a 2-year maturity, a 5-year
maturity, and a 10-year maturity,
respectively.
``(II) Maturity of obligations.--As
each 2-year, 5-year, and 10-year
eligible obligation under subclause (I)
matures, the principal of the maturing
eligible obligation shall be initially
invested in accordance with clause (i)
until the date on which the principal
is reinvested substantially equally in
the eligible obligations that are
identical (except for transferability)
to the next-issued publicly-issued
Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuation of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in available eligible obligations that
are identical (except for transferability) to
the next-issued publicly-issued Treasury
obligations with maturities of longer than 1
year.
``(D) Investment of interest account.--
``(i) Before each capitalization date.--For
purposes of subsection (b)(2)(B), amounts
considered as if they were in the interest
account of the Fund shall be invested in
eligible obligations that are identical (except
for transferability) to publicly-issued
Treasury obligations that have maturities that
coincide, to the greatest extent practicable,
with the applicable capitalization date for the
Fund.
``(ii) On and after each capitalization
date.--On and after each capitalization date,
amounts in the interest account shall be
invested and reinvested in eligible obligations
that are identical (except for transferability)
to publicly-issued Treasury obligations that
have maturities that coincide, to the greatest
extent practicable, with the date on which the
amounts will be withdrawn by the Secretary of
the Treasury and transferred to the Secretary
of the Interior for use in accordance with
subsection (d).
``(E) Par purchase price.--
``(i) In general.--To preserve in
perpetuity the amount in the principal account,
the purchase price of an eligible obligation
purchased as an investment of the principal
account shall not exceed the par value of the
obligation.
``(ii) Treatment.--At the maturity of an
eligible obligation described in clause (i),
any discount from par in the purchase price of
the eligible obligation shall be treated as
interest paid at maturity.
``(F) Holding to maturity.--Eligible obligations
purchased pursuant to this paragraph shall be held to
their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Tribe the results of the
investment activities and financial status of the Fund during
the preceding calendar year.
``(4) Modifications.--
``(A) In general.--If the Secretary of the Treasury
determines that investing the Fund in accordance with
paragraph (2) is not practicable or would result in
adverse consequences to the Fund, the Secretary of the
Treasury shall modify the requirements to the least
extent necessary, as determined by the Secretary of the
Treasury.
``(B) Consultation.--Before making a modification
under subparagraph (A), the Secretary of the Treasury
shall consult with the Tribe with respect to the
modification.'';
(3) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Withdrawal of interest.--Beginning on the first day
of the fiscal year beginning after the date of enactment of the
Cheyenne River Sioux Tribe Equitable Compensation Amendments
Act of 2006, and on the first day of each fiscal year
thereafter, the Secretary of the Treasury shall withdraw and
transfer all funds in the interest account of the Fund to the
Secretary of the Interior for use in accordance with paragraph
(2), to be available without fiscal year limitation.''; and
(4) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Member landowners.--
``(A) Additional compensation.--
``(i) In general.--Except as provided in
clause (iii), the plan may provide for the
payment of additional compensation to member
landowners for acquisition of land by the
United States for use in the Oahe Dam and
Reservoir Project.
``(ii) Determination of heirs.--An heir of
a member landowner shall be determined in
accordance with the probate code governing the
estate of the member landowner.
``(iii) Exception.--During any fiscal year,
payments of additional compensation to a member
landowner under clause (i) shall not--
``(I) be deposited or transferred
into--
``(aa) the Individual
Indian Money account of the
member landowner; or
``(bb) any other fund held
by the United States on behalf
of the member landowner; or
``(II) exceed an amount equal to
44.3 percent of the amount transferred
by the Secretary of the Interior to the
Tribe under paragraph (2).
``(B) Provision of records.--To assist the Tribe in
processing claims of heirs of member landowners for
land acquired by the United States for use in the Oahe
Dam and Reservoir Project, the Secretary of the
Interior shall provide to the Tribe, in accordance with
applicable laws (including regulations), any record
requested by the Tribe to identify the heirs of member
landowners by the date that is 90 days after the date
of receipt of a request from the Tribe.''.
(d) Eligibility of Tribe for Certain Programs and Services.--
Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation
Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter
preceding paragraph (1) by inserting ``or any member landowner'' after
``Tribe''.
(e) Extinguishment of Claims.--Section 107 of the Cheyenne River
Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat.
2368) is amended to read as follows:
``SEC. 107. EXTINGUISHMENT OF CLAIMS.
``(a) In General.--On the date on which the final payment is
deposited into the Fund under section 104(b), all monetary claims that
the Tribe has or may have against the United States for the taking by
the United States of land and property of the Tribe for the Oahe Dam
and Reservoir Project of the Pick-Sloan Missouri River Basin program
shall be extinguished.
``(b) Effect of Acceptance of Payment.--On acceptance by a member
landowner or an heir of a member landowner of any payment by the Tribe
for damages resulting from the taking by the United States of land or
property of the Tribe for the Oahe Dam and Reservoir Project of the
Pick-Sloan Missouri River Basin program, all monetary claims that the
member landowner or heir has or may have against the United States for
the taking shall be extinguished.''.
Passed the Senate December 7, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1535
_______________________________________________________________________
AN ACT
To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to
provide compensation to members of the Cheyenne River Sioux Tribe for
damage resulting from the Oahe Dam and Reservoir Project, and for other
purposes. | Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines member landowner as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program.
Directs the Secretary of the Treasury to make five annual deposits into the Cheyenne River Sioux Tribal Recovery Trust Fund of: (1) $58,144,591.60; and (2) an additional amount equal to the interest that would have accrued under certain circumstances.
Directs the Secretary to invest the Fund only in interest-bearing obligations of the United States according to specified requirements, including separate investments of principal and interest from two separate accounts within the Tribal Recovery Trust Fund.
Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners; except that payments of additional compensation shall not be deposited or transferred into any member landowner's Individual Indian Money account, and shall not exceed an amount equal to 44.3% of the amount transferred by the Secretary of the Interior to the Tribe.
Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 90 days after receiving a request.
Declares that, upon deposit of the final payment into the Fund, all claims that the Tribe has or may have against the United States for the taking of tribal land or property for the Project shall be extinguished. | {"src": "billsum_train", "title": "A bill to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes."} | 3,460 | 436 | 0.685507 | 2.284777 | 0.686699 | 5.011461 | 8.945559 | 0.931232 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Through Energy Productivity
Act'' or the ``STEP Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible utility.--The term ``eligible utility'' means
an electric utility that, during any 12-month period beginning
on or after January 1, 2000, increased or increases the rates
charged to all categories of its customers by a weighted
average of 20 percent or more in order to cover increases in
the cost of generating or acquiring electricity.
(2) Energy productivity project.--The term ``energy
productivity project'' means a project to--
(A) construct a facility or install equipment that
uses energy-efficient technology in the generation or
use of electric energy; or
(B) conduct a program, not conducted by the
applicant for a grant under section 4 before the date
of application for the grant, to increase the
productivity of a utility.
(3) Fund.--The term ``Fund'' means the STEP Fund
established by section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Utility.--The term ``utility'' means an electric
utility (as defined in section 3 of the Federal Power Act (16
U.S.C. 796)) that is subject to regulation by a State
commission (as defined in that section).
SEC. 3. IMMEDIATE ELECTRIC ENERGY COST RELIEF FOR CONSUMERS THAT REDUCE
ENERGY CONSUMPTION.
(a) In General.--The Secretary shall establish a program, to be
known as the ``STEP Emergency Rebate Program'', under which the
Secretary makes grants to eligible utilities to pay the costs of
providing rebates or credits against the amounts of electric bills of
customers that reduce the amount of electric energy consumed by the
customer.
(b) Credits for Reduction of Electric Energy Consumption.--
(1) In general.--To receive a grant under subsection (a),
an eligible utility shall agree to provide its customers
rebates and credits as provided in this subsection.
(2) First period of qualification.--During the first 12-
month period in which a utility customer qualifies for rebates
or credits under this section, the customer shall be entitled
to a rebate of a portion of the amount of an electric bill
paid, or a credit against the amount of an electric bill, for
each billing period, in an amount that is proportionate to the
percentage by which the amount of electric energy consumed by
the customer during the billing period is less than the amount
consumed during the equivalent billing period in the preceding
year (referred to in this section as the ``base billing
period'').
(3) Second period of qualification.--During the second 12-
month period in which a utility customer qualifies for rebates
or credits under this section, the customer shall be entitled
to a rebate of a portion of the amount of an electric bill
paid, or a credit against the amount of an electric bill, for
each billing period, in an amount that is proportionate to the
percentage by which the amount of electric energy consumed by
the customer during the billing period is less than the amount
consumed during the base billing period.
(4) New customers.--In the case of a customer to which an
eligible utility has sold electric energy for less than a year,
the proportion by which the customer shall be considered to
have reduced electric energy consumption during a month shall
be determined by comparing the amount of electric energy
consumed by the customer during the month against a local area
baseline determined in accordance with regulations promulgated
by the Secretary.
(5) Percentage reduction.--
(A) Limitation.--A utility customer shall be
entitled to a rebate or credit only to the extent that
the percentage described in paragraph (3) or (4) is
between 5.0 percent and 20.0 percent, inclusive.
(B) Rounding.--For the purposes of determining the
amount of a rebate or credit, a described in paragraph
(3) or (4) shall be rounded to the nearest tenth of a
percent.
(c) Action by the Secretary.--
(1) Expeditious relief.--In order to provide energy cost
relief to consumers as expeditiously as possible, the Secretary
shall act on an application for a grant under subsection (a)
within 30 days after receiving the application.
(2) Failure to act.--If the Secretary fails to act on an
application for a grant within 30 days after receiving the
application, the application shall be deemed to be granted.
(3) Denial of application.--If the Secretary denies an
application, the Secretary shall include in the denial--
(A) a detailed statement of the reasons for the
denial; and
(B) a description any action that the applicant may
make to obtain approval of the application.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section for fiscal
years 2002 and 2003.
(2) Administrative expenses.--The Secretary shall use not
more than 5 percent of the amount made available to carry out
this section for a fiscal year to pay administrative expenses.
(e) Cessation of Effectiveness.--
(1) In general.--This section ceases to be in effect on
October 1, 2003.
(2) Transfer to the fund.--Any balance of the amounts made
available to carry out this section that remain unexpended on
September 30, 2003, shall be transferred to the Fund.
SEC. 4. STEP FUND.
(a) Establishment.--There is established in the Treasury of the
United States a revolving fund to be known as the ``STEP Fund'',
consisting of--
(1) amounts appropriated to the Fund under subsection (f);
(2) amounts of loans repaid to the Fund under subsection
(b)(2)(B);
(3) amounts of interest earned on investment of amounts in
the Fund under subsection (c); and
(4) amounts transferred to the Fund under section 3(e)(2).
(b) Loan program.--
(1) In general.--The Secretary shall establish a program
under which the Secretary, using amounts in the Fund, makes
loans to utilities and nonprofit organizations, at no interest,
to pay up to 100 percent of the cost of an energy productivity
project.
(2) Repayment.--
(A) Schedule.--The Secretary shall require
repayment of a loan on a schedule that takes into
account the length of time that will be required for
the amount of savings that is expected to be realized
from an energy productivity project to equal the cost
of the energy productivity project.
(B) Deposit in fund.--The Secretary shall deposit
amounts received in repayment of a loan in the Fund.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Availability.--Amounts in the Fund shall be available to the
Secretary, without further appropriation, to make loans under
subsection (b).
(e) Reports.--Not later than 1 year after the date on which a
utility or nonprofit organization receives a loan under this section,
and annually thereafter until such date as the loan is repaid in full,
the loan recipient shall submit to the Secretary of Energy a report
that describes--
(1) any electricity savings or peak demand reductions
resulting from the implementation of activities carried out
using loan funds; and
(2) an estimate of the annual cost-effectiveness of all
programs carried out by the loan recipient in the year for
which the report is submitted.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
(g) Cessation of Effectiveness.--This section ceases to be in
effect on the date that is 10 years after the date of enactment of this
Act. | Savings Through Energy Productivity Act, or the STEP Act - Directs the Secretary of Energy to establish the STEP Emergency Rebate Program (STEP), under which the Secretary makes grants to eligible utilities to pay the costs of providing rebates or credits against the amounts of electric bills of customers that reduce the amount of electric energy consumed.Establishes the STEP Fund in the Treasury. Instructs the Secretary to establish a program making no-interest loans to utilities and nonprofit organizations to pay up to 100 percent of the cost of an energy productivity project. Requires an annual accounting by loan recipients. | {"src": "billsum_train", "title": "A bill to authorize a short-term program of grants to certain electric utilities to be passed through, in the form of credits toward electric bills, to consumers that reduce electric energy consumption and to establish an Electric Energy Conservation Fund to provide loans to utilities and nonprofit organizations to fund energy productivity projects."} | 1,894 | 131 | 0.599257 | 1.521542 | 0.58992 | 5.754545 | 15.972727 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Capital Region Land
Conservation Act of 2009''.
SEC. 2. AUTHORIZATION OF GRANT PROGRAM.
The Act of May 29, 1930 (Chapter 354; 46 Stat. 482; commonly known
as the Capper-Cramton Act), is amended by adding at the end the
following:
``SEC. 7. GRANT PROGRAM TO PRESERVE RESOURCES IN THE NATIONAL CAPITAL
REGION.
``(a) Establishment.--Out of amounts appropriated to carry out this
section, the Secretary of the Interior, acting through the Director of
the National Park Service, is authorized to make grants to covered
States and covered local governments to assist the acquisition of lands
and interests therein that affect or are within the National Capital
region and that will be used for any of the following purposes:
``(1) Parks.
``(2) Open space.
``(3) Green space corridors that link public lands, lands
subject to conservation restrictions, or a combination of such
lands.
``(4) Agriculture.
``(5) Forests.
``(6) Fish and wildlife habitat.
``(7) Watershed protection.
``(8) Historic preservation.
``(9) Sensitive environmental area protection.
``(10) Public recreation.
``(b) Restriction to Certain Uses.--The Secretary shall require
that, for each grant under subsection (a), any land or interest therein
acquired through the assistance of such grant may not be used for a
purpose other than a purpose described in subsection (a).
``(c) Grant Determinations.--In determining whether to make a grant
under subsection (a), the Secretary shall consider the following:
``(1) How the proposed acquisition furthers local and
regional planning and policy objectives.
``(2) The amount of non-Federal funding to be provided for
the proposed acquisition.
``(3) The relationship of the proposed acquisition to other
public lands and conservation areas.
``(4) The relative need of an area for the proposed
acquisition due to such area's limited or lacking quality or
quantity of protected resources.
``(5) Any impending threat to the resource under
consideration for protection by the proposed acquisition.
``(d) Matching Requirement.--Grants under subsection (a) shall be
in an amount not to exceed 50 percent of the total cost of the
acquisition such grant will assist, which includes costs relating to
purchase price, appraisal, survey, title clearance, and closing. The
non-Federal share of such cost may be in cash or in kind.
``(e) Applicable Laws.--Acquisitions assisted by a grant under
subsection (a) shall be in accord with the laws of the applicable
covered State, including any requirements for appraisal and acceptable
title.
``(f) Title and Management of Lands.--Title to lands and interests
therein acquired with the assistance of a grant under subsection (a)
shall be held by the covered State or covered local government making
the acquisition. Management responsibilities for the lands and
interests may be delegated to nonprofit organizations on such terms and
conditions deemed by the title holder to be in the public interest.
``(g) Relationship to Other Federal Funding.--The authority of the
Secretary to make grants under subsection (a) is in addition to any
other authority provided to acquire lands and interests therein for
related purposes, except that Federal funds provided under any other
authority may not be used for the non-Federal share required under
subsection (d).
``(h) Planning Grants.--The Secretary is authorized to make grants
to covered States, covered local governments, and nonprofit
organizations for the purpose of planning and evaluating acquisitions
eligible for a grant under subsection (a). The sum of the amounts of
grants made under this subsection in a fiscal year may not exceed 5
percent of the amount of funds appropriated to carry out this section
in the fiscal year.
``(i) Administrative Costs.--Not more than 2 percent of the amount
of funds appropriated to carry out this section in a fiscal year may be
used for administrative costs.
``(j) Relationship to Other Provisions of This Act.--No requirement
of this Act, except a requirement under this section, applies to an
activity under this section.
``(k) Definitions.--In this section, the following definitions
apply:
``(1) Covered local government.--The term `covered local
government' means a political subdivision of a covered State.
``(2) Covered state.--The term `covered State' means each
of Maryland, Virginia, West Virginia, and the District of
Columbia, including any department or agency thereof.
``(3) National capital region.--The term `National Capital
region' means the Washington-Arlington-Alexandria, DC-VA-MD-WV
Metropolitan Statistical Area as such Area is defined by the
Office of Management and Budget's OMB Bulletin No. 09-01, dated
November 20, 2008, and as such Area may be revised by the
Office of Management and Budget from time to time.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(l) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated to the Secretary $50,000,000 for
each of fiscal years 2010 through 2014.''. | National Capital Region Land Conservation Act of 2009 - Amends the Capper-Cramton Act to authorize the Secretary of the Interior, acting through the Director of the National Park Service (NPS), to make grants to Maryland, Virginia, West Virginia, and the District of Columbia and their political subdivisions (the covered states and covered local governments) for assistance in acquiring lands and interests therein that affect or are within the National Capital region and will be used for: (1) parks; (2) open space; (3) green space corridors that link public lands, lands subject to conservation restrictions, or a combination of such lands; (4) agriculture; (5) forests; (6) fish and wildlife habitat; (7) watershed protection; (8) historic preservation; (9) sensitive environmental area protection; and (10) public recreation.
Bars the use of any land and interest acquired through the assistance of such a grant for a purpose other than a purpose specified above.
Limits grant amounts to 50% of the total cost of the acquisition the grant will assist, including costs related to purchase price, appraisal, survey, title clearance, and closing.
Authorizes the Secretary to make grants to covered states, covered local governments, and nonprofits to plan and evaluate acquisitions eligible for a grant for assistance under this Act. | {"src": "billsum_train", "title": "A bill to amend the Act of May 29, 1930 (Chapter 354; 46 Stat. 482; commonly known as the Capper-Cramton Act), to authorize a grant program to preserve resources in the National Capital region, and for other purposes."} | 1,216 | 274 | 0.699864 | 1.903109 | 0.773145 | 5.335878 | 4.347328 | 0.938931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Aviation from Foreign Entry
Points and Guarding Airports Through Enhanced Security Act of 2016''.
SEC. 2. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall conduct a comprehensive security risk assessment
of all last point of departure airports with nonstop flights to the
United States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
Transportation Security Administration and the foreign
government of the country in which the last point of departure
airport with nonstop flights to the United States is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The passenger security screening practices,
capabilities, and capacity of such airport.
(5) The security vetting undergone by aviation workers at
such airport.
(6) The access controls utilized by such airport to limit
to authorized personnel access to secure and sterile areas of
such airports.
(7) The degree to which the government of the country in
which such airport is located mandates, encourages, or
prohibits the collection, analysis, or sharing of passenger
name records.
SEC. 3. SECURITY COORDINATION ENHANCEMENT PLAN.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to Congress and the Government
Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at foreign
airports, including airports that may not have nonstop flights
to the United States but are nonetheless determined by the
Administrator to be high risk; and
(2) that includes an assessment of the ability of the
Administration to enter into a mutual agreement with a foreign
government entity that permits Administration representatives
to conduct without prior notice inspections of foreign
airports.
(b) GAO Review.--Not later than 180 days after the submission of
the plan required under subsection (a), the Comptroller General of the
United States shall review the efforts, capabilities, and effectiveness
of the Transportation Security Administration to enhance security
capabilities at foreign airports and determine if the implementation of
such efforts and capabilities effectively secures international-inbound
aviation.
SEC. 4. WORKFORCE ASSESSMENT.
Not later than 270 days after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall submit to Congress a comprehensive workforce assessment of all
Administration personnel within the Office of Global Strategies of the
Administration or whose primary professional duties contribute to the
Administration's global efforts to secure transportation security,
including a review of whether such personnel are assigned in a risk-
based, intelligence-driven manner.
SEC. 5. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.
(a) In General.--The Administrator of the Transportation Security
Administration is authorized to donate security screening equipment to
a foreign last point of departure airport operator if such equipment
can be reasonably expected to mitigate a specific vulnerability to the
security of the United States or United States citizens.
(b) Report.--Not later than 30 days before any donation of security
screening equipment pursuant to subsection (a), the Administrator of
the Transportation Security Administration shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
detailed written explanation of the following:
(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening equipment
to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.
SEC. 6. NATIONAL CARGO SECURITY PROGRAM.
(a) In General.--The Administrator of the Transportation Security
Administration may evaluate foreign countries' air cargo security
programs to determine whether such programs provide a level of security
commensurate with the level of security required by United States air
cargo security programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines that a foreign country's air
cargo security program evaluated under subsection (a) provides
a level of security commensurate with the level of security
required by United States air cargo security programs, the
Administrator shall approve and officially recognize such
foreign country's air cargo security program.
(2) Effect of approval and recognition.--If the
Administrator of the Transportation Security Administration
approves and officially recognizes pursuant to paragraph (1) a
foreign country's air cargo security program, cargo aircraft of
such foreign country shall not be required to adhere to United
States air cargo security programs that would otherwise be
applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines at any time that a foreign
country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of
security commensurate with the level of security required by
United States air cargo security programs, the Administrator
may revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines
that such foreign country's cargo security programs provide a
level of security commensurate with the level of security
required by such United States air cargo security programs.
(2) Notification.--If the Administrator of the
Transportation Security Administration revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo
security program, the Administrator shall notify the Committee
on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 30 days after such revocation or
suspension.
SEC. 7. CHECKPOINTS OF THE FUTURE.
(a) In General.--The Administrator of the Transportation Security
Administration, shall request the Aviation Security Advisory Committee
to develop recommendations for more efficient and effective passenger
screening processes.
(b) Considerations.--In making recommendations to improve existing
passenger screening processes pursuant to subsection (a), the Aviation
Security Advisory Committee shall consider the following:
(1) The configuration of a checkpoint.
(2) Technology innovation.
(3) Ways to address any vulnerabilities identified in
audits of checkpoint operations.
(4) Ways to prevent security breaches at airports at which
Federal security screening is provided.
(5) Best practices in aviation security.
(6) Recommendations from airport and aircraft operators,
and any relevant advisory committees.
(7) ``Curb to curb'' processes and procedures.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
recommendations of the Aviation Security Advisory Committee under this
section, including any recommendations for improving screening
processes.
Passed the House of Representatives April 26, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016 (Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States. (Sec. 3) The TSA shall submit to Congress and the Government Accountability Office (GAO) a plan: (1) to enhance collaboration, coordination, and information-sharing about international-inbound aviation between the United States and domestic and foreign partners in order to enhance security capabilities at foreign airports; and (2) that assesses the TSA's ability to enter into a mutual agreement with a foreign government entity to permit TSA representatives to conduct inspections of foreign airports without prior notice. The GAO shall review TSA efforts to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation. (Sec. 4) The TSA shall submit to Congress a comprehensive workforce assessment of all TSA personnel within its Office of Global Strategies or whose primary professional duties contribute to the TSA's global efforts to secure transportation security, including whether they are assigned in a risk-based, intelligence-driven matter. (Sec. 5) The TSA may donate security screening equipment to a foreign last point of departure airport operator if the equipment can be expected to mitigate a specific vulnerability to U.S. security or U.S. citizens. The TSA shall provide to specified congressional committees within 30 days of any such donation a detailed written explanation of: the specific vulnerability to the United States or U.S. citizens that will be mitigated by such donation, an explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability, an evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made, how the TSA will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient, and the total dollar value of such donation. (Sec. 6) The TSA may evaluate foreign countries' air cargo programs to determine whether they provide a level of security commensurate with that required by U.S. air cargo security programs. If so, the TSA shall approve and officially recognize such country's program, in which case such country shall not be required to adhere to the U.S. programs that would otherwise be applicable. The bill provides for revocation or temporary suspension of approval and official recognition if the TSA determines that a country's program no longer provides a level of security commensurate with that required by U.S. air cargo security programs. (Sec. 7) The TSA shall request the Aviation Security Advisory Committee to develop recommendations for more efficient and effective passenger screening processes. The Committee shall consider the following: the configuration of a checkpoint; technology innovation; ways to address any vulnerabilities identified in audits of checkpoint operations; ways to prevent security breaches at airports at which federal security screening is provided; best practices in aviation security; recommendations from airport and aircraft operators, and from any relevant advisory committees; and "curb to curb" processes and procedures. | {"src": "billsum_train", "title": "Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016"} | 1,700 | 717 | 0.698296 | 2.361526 | 0.73752 | 5.084006 | 2.61874 | 0.93538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gestational Diabetes Act of 2010''
or the ``GEDI Act''.
SEC. 2. GESTATIONAL DIABETES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding after section 317H the following:
``SEC. 317H-1. GESTATIONAL DIABETES.
``(a) Understanding and Monitoring Gestational Diabetes.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, in
consultation with the Diabetes Mellitus Interagency
Coordinating Committee established under section 429 and
representatives of appropriate national health organizations,
shall develop a multisite gestational diabetes research project
within the diabetes program of the Centers for Disease Control
and Prevention to expand and enhance surveillance data and
public health research on gestational diabetes.
``(2) Areas to be addressed.--The research project
developed under paragraph (1) shall address--
``(A) procedures to establish accurate and
efficient systems for the collection of gestational
diabetes data within each State and commonwealth,
territory, or possession of the United States;
``(B) the progress of collaborative activities with
the National Vital Statistics System, the National
Center for Health Statistics, and State health
departments with respect to the standard birth
certificate, in order to improve surveillance of
gestational diabetes;
``(C) postpartum methods of tracking women with
gestational diabetes after delivery as well as targeted
interventions proven to lower the incidence of type 2
diabetes in that population;
``(D) variations in the distribution of diagnosed
and undiagnosed gestational diabetes, and of impaired
fasting glucose tolerance and impaired fasting glucose,
within and among groups of women; and
``(E) factors and culturally sensitive
interventions that influence risks and reduce the
incidence of gestational diabetes and related
complications during childbirth, including cultural,
behavioral, racial, ethnic, geographic, demographic,
socioeconomic, and genetic factors.
``(3) Report.--Not later than 2 years after the date of the
enactment of this section, and annually thereafter, the
Secretary shall generate a report on the findings and
recommendations of the research project including prevalence of
gestational diabetes in the multisite area and disseminate the
report to the appropriate Federal and non-Federal agencies.
``(b) Expansion of Gestational Diabetes Research.--
``(1) In general.--The Secretary shall expand and intensify
public health research regarding gestational diabetes. Such
research may include--
``(A) developing and testing novel approaches for
improving postpartum diabetes testing or screening and
for preventing type 2 diabetes in women with a history
of gestational diabetes; and
``(B) conducting public health research to further
understanding of the epidemiologic, socioenvironmental,
behavioral, translation, and biomedical factors and
health systems that influence the risk of gestational
diabetes and the development of type 2 diabetes in
women with a history of gestational diabetes.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each fiscal year 2012 through 2016.
``(c) Demonstration Grants to Lower the Rate of Gestational
Diabetes.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants, on a competitive basis, to eligible
entities for demonstration projects that implement evidence-
based interventions to reduce the incidence of gestational
diabetes, the recurrence of gestational diabetes in subsequent
pregnancies, and the development of type 2 diabetes in women
with a history of gestational diabetes.
``(2) Priority.--In making grants under this subsection,
the Secretary shall give priority to projects focusing on--
``(A) helping women who have 1 or more risk factors
for developing gestational diabetes;
``(B) working with women with a history of
gestational diabetes during a previous pregnancy;
``(C) providing postpartum care for women with
gestational diabetes;
``(D) tracking cases where women with a history of
gestational diabetes developed type 2 diabetes;
``(E) educating mothers with a history of
gestational diabetes about the increased risk of their
child developing diabetes;
``(F) working to prevent gestational diabetes and
prevent or delay the development of type 2 diabetes in
women with a history of gestational diabetes; and
``(G) achieving outcomes designed to assess the
efficacy and cost-effectiveness of interventions that
can inform decisions on long-term sustainability,
including third-party reimbursement.
``(3) Application.--An eligible entity desiring to receive
a grant under this subsection shall submit to the Secretary--
``(A) an application at such time, in such manner,
and containing such information as the Secretary may
require; and
``(B) a plan to--
``(i) lower the rate of gestational
diabetes during pregnancy; or
``(ii) develop methods of tracking women
with a history of gestational diabetes and
develop effective interventions to lower the
incidence of the recurrence of gestational
diabetes in subsequent pregnancies and the
development of type 2 diabetes.
``(4) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use the grant funds to carry out
demonstration projects described in paragraph (1), including--
``(A) expanding community-based health promotion
education, activities, and incentives focused on the
prevention of gestational diabetes and development of
type 2 diabetes in women with a history of gestational
diabetes;
``(B) aiding State- and tribal-based diabetes
prevention and control programs to collect, analyze,
disseminate, and report surveillance data on women
with, and at risk for, gestational diabetes, the
recurrence of gestational diabetes in subsequent
pregnancies, and, for women with a history of
gestational diabetes, the development of type 2
diabetes; and
``(C) training and encouraging health care
providers--
``(i) to promote risk assessment, high-
quality care, and self-management for
gestational diabetes and the recurrence of
gestational diabetes in subsequent pregnancies;
and
``(ii) to prevent the development of type 2
diabetes in women with a history of gestational
diabetes, and its complications in the practice
settings of the health care providers.
``(5) Report.--Not later than 4 years after the date of the
enactment of this section, the Secretary shall prepare and
submit to the Congress a report concerning the results of the
demonstration projects conducted through the grants awarded
under this subsection.
``(6) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a nonprofit organization (such
as a nonprofit academic center or community health center) or a
State, tribal, or local health agency.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each fiscal year 2012 through 2016.
``(d) Postpartum Follow-up Regarding Gestational Diabetes.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall work with the State- and tribal-based
diabetes prevention and control programs assisted by the Centers to
encourage postpartum follow-up after gestational diabetes, as medically
appropriate, for the purpose of reducing the incidence of gestational
diabetes, the recurrence of gestational diabetes in subsequent
pregnancies, the development of type 2 diabetes in women with a history
of gestational diabetes, and related complications.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Gestational Diabetes Act of 2010 or the GEDI Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a multisite gestational diabetes research project within the diabetes program of the CDC to expand and enhance surveillance data and public health research on gestational diabetes. Requires such research project to address: (1) procedures to establish accurate and efficient systems for the collection of gestational diabetes data; (2) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and state health departments to improve surveillance of gestational diabetes; (3) postpartum methods of tracking women with gestational diabetes after delivery and targeted interventions to lower the incidence of type 2 diabetes in such women; (4) variations in the distribution of diagnosed and undiagnosed gestational diabetes; and (5) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth. Requires the Secretary, not later than two years after the enactment of this Act, to report on the findings and recommendations of the research project.
Requires the Secretary to expand and intensify public health research on gestational diabetes, including; (1) developing and testing novel approaches for improving postpartum testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and (2) conducting research to further understanding of the factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes.
Requires the Secretary, acting through the Director of the CDC, to: (1) award grants on a competitive basis for demonstration projects that implement evidence-based interventions to reduce the incidence of gestational diabetes, the recurrence of such disease in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes; and (2) report to Congress, not later than four years after the enactment of this Act, on the results of the demonstration projects. Sets forth priorities for awarding grants and requirements for the use of grant funds for carrying out demonstration projects.
Requires the Secretary, acting through the Director of the CDC, to work with state and Indian tribal-based diabetes prevention and control programs assisted by the CDC to encourage postpartum follow-up after gestational diabetes to reduce the incidence of gestational diabetes and its recurrence, the development of type 2 diabetes in at-risk women, and related complications.
Authorizes appropriations for FY2012-FY2016. | {"src": "billsum_train", "title": "To provide grants to better understand and reduce gestational diabetes, and for other purposes."} | 1,763 | 582 | 0.773868 | 2.344923 | 0.795901 | 4.474308 | 3.128458 | 0.924901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach and
Chronic Disease Prevention Act of 2005''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256) is amended by adding at the end the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may make grants to
eligible entities for the development and operation of demonstration
programs to provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National Cancer
Institute, the Office of Rural Health Policy, and such other offices
and agencies as deemed appropriate by the Secretary, regarding the
design and evaluation of the demonstration programs.
``(b) Use of Funds.--The Secretary shall require each recipient of
a grant under this section to use the grant to recruit, assign, train,
and employ patient navigators who have direct knowledge of the
communities they serve to facilitate the care of individuals, including
by performing each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals, for
individuals who are seeking prevention or early detection services
for, or who following a screening or early detection service are
found to have a symptom, abnormal finding, or diagnosis of, cancer
or other chronic disease.
``(2) Facilitating the involvement of community organizations
in assisting individuals who are at risk for or who have cancer or
other chronic diseases to receive better access to high-quality
health care services (such as by creating partnerships with patient
advocacy groups, charities, health care centers, community hospice
centers, other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and, on request,
facilitating enrollment of eligible individuals in these trials.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure prompt
diagnostic and treatment resolution of an abnormal finding of
cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance ombudsman
programs to provide information to individuals who are at risk for
or who have cancer or other chronic diseases about health coverage,
including private insurance, health care savings accounts, and
other publicly funded programs (such as Medicare, Medicaid, health
programs operated by the Department of Veterans Affairs or the
Department of Defense, the State children's health insurance
program, and any private or governmental prescription assistance
programs).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and other
medically underserved populations, in addition to assisting other
individuals who are at risk for or who have cancer or other chronic
diseases to seek preventative care.
``(c) Prohibitions.--
``(1) Referral fees.--The Secretary shall require each
recipient of a grant under this section to prohibit any patient
navigator providing services under the grant from accepting any
referral fee, kickback, or other thing of value in return for
referring an individual to a particular health care provider.
``(2) Legal fees and costs.--The Secretary shall prohibit the
use of any grant funds received under this section to pay any fees
or costs resulting from any litigation, arbitration, mediation, or
other proceeding to resolve a legal dispute.
``(d) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of not
more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary may
extend the period of a grant under this section. Each such
extension shall be for a period of not more than 1 year.
``(3) Limitations on grant period.--In carrying out this
section, the Secretary--
``(A) shall ensure that the total period of a grant does
not exceed 4 years; and
``(B) may not authorize any grant period ending after
September 30, 2010.
``(e) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as the
Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require each
such application to outline how the eligible entity will establish
baseline measures and benchmarks that meet the Secretary's
requirements to evaluate program outcomes.
``(f) Uniform Baseline Measures.--The Secretary shall establish
uniform baseline measures in order to properly evaluate the impact of
the demonstration projects under this section.
``(g) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that demonstrate
in their applications plans to utilize patient navigator services to
overcome significant barriers in order to improve health care outcomes
in their respective communities.
``(h) Duplication of Services.--An eligible entity that is
receiving Federal funds for activities described in subsection (b) on
the date on which the entity submits an application under subsection
(e) may not receive a grant under this section unless the entity can
demonstrate that amounts received under the grant will be utilized to
expand services or provide new services to individuals who would not
otherwise be served.
``(i) Coordination With Other Programs.--The Secretary shall ensure
coordination of the demonstration grant program under this section with
existing authorized programs in order to facilitate access to high-
quality health care services.
``(j) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months after
the completion of the demonstration grant program under this
section, the Secretary shall conduct a study of the results of the
program and submit to the Congress a report on such results that
includes the following:
``(A) An evaluation of the program outcomes, including--
``(i) quantitative analysis of baseline and benchmark
measures; and
``(ii) aggregate information about the patients served
and program activities.
``(B) Recommendations on whether patient navigator programs
could be used to improve patient outcomes in other public
health areas.
``(2) Interim reports by secretary.--The Secretary may provide
interim reports to the Congress on the demonstration grant program
under this section at such intervals as the Secretary determines to
be appropriate.
``(3) Reports by grantees.--The Secretary may require grant
recipients under this section to submit interim and final reports
on grant program outcomes.
``(k) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the patient navigator duties listed in subsection (b)).
``(l) Definitions.--In this section:
``(1) The term `eligible entity' means a public or nonprofit
private health center (including a Federally qualified health
center (as that term is defined in section 1861(aa)(4) of the
Social Security Act)), a health facility operated by or pursuant to
a contract with the Indian Health Service, a hospital, a cancer
center, a rural health clinic, an academic health center, or a
nonprofit entity that enters into a partnership or coordinates
referrals with such a center, clinic, facility, or hospital to
provide patient navigator services.
``(2) The term `health disparity population' means a population
that, as determined by the Secretary, has a significant disparity
in the overall rate of disease incidence, prevalence, morbidity,
mortality, or survival rates as compared to the health status of
the general population.
``(3) The term `patient navigator' means an individual who has
completed a training program approved by the Secretary to perform
the duties listed in subsection (b).
``(m) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2006,
$5,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008,
$6,500,000 for fiscal year 2009, and $3,500,000 for fiscal year
2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the end
of fiscal year 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Patient Navigator Outreach and Chronic Disease Prevention Act of 2005 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy.
Requires that each grantee agree to recruit, assign, train, and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals, including by: (1) acting as contacts for individuals seeking prevention or early detection services for cancer or other chronic diseases; (2) facilitating the involvement of community organizations to provide better access to high-quality health care services to individuals at risk for, or who have, cancer or other chronic diseases; (3) coordinating with the relevant health insurance ombudsman programs to provide information to such individuals about health coverage; (4) notifying individuals of clinical trials; (5) helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or other chronic disease; and (6) conducting ongoing outreach to health disparity populations.
Requires the Secretary to: (1) require each grant recipient to prohibit patient navigators from accepting anything of value in return for referring an individual to a particular health care provider; and (2) prohibit the use of any grant funds to pay any fees or costs resulting from any proceeding to resolve a legal dispute. Allows the Secretary to grant awards for a period of no more than three years with a one year extension.
Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services.
Requires the Secretary to study the program and report to Congress on the results to include an evaluation of program outcomes and recommendations as to whether such programs could be used to improve patient outcomes in other public health areas.
Sets forth reporting requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes."} | 1,847 | 543 | 0.733937 | 2.312412 | 0.875975 | 4.974903 | 3.445946 | 0.955598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Program Payment Limitations
Reform Act of 1993''.
SEC. 2. ATTRIBUTION OF PAYMENTS.
(a) Paragraph (5)(C) of section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308(5)(C)) is amended to read as follows:
``(C) In the case of corporations and other entities
included in subparagraph (B), and partnerships, the Secretary
shall attribute payments to natural persons in proportion to
their ownership interests in an entity and in any other entity,
or partnership, which owns or controls the entity, or
partnership, receiving such payment.''.
(b) Section 609 of the Agricultural Act of 1949 (7 U.S.C. 1471g) is
amended by striking subsections (c) and (d) and inserting the
following:
``(c) In the case of corporations and other entities included in
section 1001(5)(B) of the Food Security Act of 1985, and partnerships,
the Secretary shall attribute payments to natural persons in proportion
to their ownership interests in such entities and partnerships.''.
SEC. 3. REPEAL OF 3-ENTITY RULE.
Section 1001A(a)(1) of the Food Security Act of 1985 (7 U.S.C.
1308-1(a)(1) is amended--
(1) in the first sentence by--
(A) striking ``substantial beneficial interests in
more than two entities'' and inserting ``a substantial
beneficial interest in any other entity''; and
(B) striking ``receive such payment as separate
persons'' and insert ``receives such payments as a
separate person''; and
(2) by striking the second sentence.
SEC. 4. IMPOSITION OF PERSONAL LABOR REQUIREMENT.
Section 1001A(b) of the Food Security Act of 1985 (7 U.S.C. 1308-
1(b)) is amended in subparagraphs (A)(i)(II), (B)(ii), and (C) of
paragraph (2) and subparagraph (B) of paragraph (3) by striking ``or
active personal management''.
SEC. 5. REDUCTION IN WOOL ACT PAYMENT LIMITATION.
Subparagraph (D) of section 704(b)(1) of the National Wool Act of
1954 (7 U.S.C. 1783(b)(1)(D)) is amended by striking ``$125,000'' and
inserting ``$50,000''.
SEC. 6. GENERAL ACCOUNTING OFFICE REVIEW AND REPORT.
The Food Security Act of 1985 is amended by adding after section
1001E the following new section:
``SEC. 1001F. GENERAL ACCOUNTING OFFICE REVIEW AND REPORT.
``(a) Review.--The Comptroller General of the United States shall
review the implementation of the amendments made by the Farm Program
Payment Limitations Reform Act of 1993 to determine whether the payment
limitation provisions of this Act and the National Wool Act of 1945 (7
U.S.C. 1781 et seq.), as amended by the Farm Program Payment
Limitations Reform Act of 1993, have been implemented to effectively
and fairly--
``(1) require the attribution of payments to individuals;
``(2) prohibit the creation of entities by program
participants to garner payments to any individual in amounts
greater than those described in sections 1001 through 1001E and
section 704(b)(1) of the National Wool Act of 1954 (7 U.S.C.
1783(b)(1));
``(3) limit payments to any one farm program participant to
the amounts described in paragraph (2);
``(4) require the contribution of active personal labor by
program participants in order to be eligible for payments under
this Act and the National Wool Act of 1945; and
``(5) administer the payment limitation provisions of such
Acts.
``(b) Report.--Not later than two years after the date of enactment
of this section, and periodically thereafter as he or she determines
necessary, the Comptroller General shall submit a report to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate that
describes--
``(1) the results of the review required under subsection
(a);
``(2) any information available to the Comptroller General
that any individual, farming operation, or entity is receiving
payments in excess of the amounts described in sections 1001
through 1001E and section 704(b)(1) of the National Wool Act of
1954, including--
``(A) the number and dollar value of payments
described in section 1001(1)(A) or in section 704 of
the National Wool Act of 1954 made to any natural
persons, entities, and farming operations, by State and
commodity, that exceeded the payment limitation in such
section and an explanation of why the payment
limitation was exceeded;
``(B) for any commodity for which a marketing loan
is in effect, the number and dollar value of any gain
realized, plus forfeitures, by natural persons,
entities, and farming operations, by State and
commodity, that exceeded the payment limitation in
section 1001(1)(B) and an explanation of why the
payment limitation was exceeded; and
``(C) the number and dollar value of total payments
set forth under section 1001(2)(B) made to natural
persons, entities, and farming operations, by State and
commodity, that exceeded the payment limitation in
section 1001(2)(A) and an explanation of why the
payment limitation was exceeded;
``(3) any other information that the Comptroller General
determines appropriate to assist in the oversight of the
implementation of the payment limitations described in
subsection (a); and
``(4) the recommendations of the Comptroller General for
the effective and fair implementation of the payment limitation
provisions of such Acts to--
``(A) address the matters described in subsection
(a);
``(B) enforce the payment limitations described in
paragraph (2); and
``(C) effectively and fairly administer the commodity
programs established under the Agricultural Act of 1949
and the National Wool Act of 1954.''. | Farm Program Payment Limitations Reform Act of 1993 - Amends the Food Security Act of 1985 to revise specified farm program limitations, including repeal of the three-entity rule.
Amends the National Wool Act of 1954 to reduce annual wool or mohair payment limitations.
Amends the Food Security Act of 1985 to direct the General Accounting Office to review the implementation of the payment revisions made by this Act. | {"src": "billsum_train", "title": "Farm Program Payment Limitations Reform Act of 1993"} | 1,349 | 88 | 0.516429 | 1.171072 | 0.20774 | 2.973684 | 16.105263 | 0.842105 |
SECTION 1. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL,
NEBRASKA.
(a) Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to The Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc., a
501(c)(3) not-for-profit organization with operational headquarters at
100 Valmont Drive, Nebraska City, Nebraska, 68410, all right, title and
interest of the United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels described as
follows:
Tract 102-01, 64.92 acres, a tract of land situated
in the East Half Northwest Quarter of Section 15,
Township 8 North, Range 14 East, Sixth Principal
Meridian, Otoe County, Nebraska, except 5 acres
therefrom, being 5 acres out of the Northwest corner of
said East Half of said Northwest Quarter, said 5 acres
being described as follows:
Beginning at the Northwest corner of the East Half
of the Northwest Quarter, thence running 40 rods East
along the North line of said East half of the Northwest
Quarter; thence running 20 rods North along said West
line to the places of beginning; and also except a
tract consisting of 9.38 acres more or less, acquired
by the State of Nebraska for highway right-of-way, in a
condemnation proceeding filed in the County Court of
Otoe County, Nebraska, the description of which is more
particularly described in Book 49 Miscellaneous Records
at page 18 of the records in the Office of the Register
of Deeds, Otoe County, Nebraska; and except a right-of-
way for road out of the Southeast corner of said 80
acres, 5 rods and 25 feet long, running North and
South.
Tract 102-02, 13.00 acres, a tract of land situated
in the South Half Section 10 with the southeasterly
right-of-way line of State Highway 2 as acquired by the
State of Nebraska by document recorded September 15,
1983 in Book 49 of the miscellaneous records, Page 52
of the Otoe County records, said point of beginning is
Westerly 275.54 feet as measured along said Section
line from the Southeast Quarter of said Section 10
according to plat of right-of-way by the State of
Nebraska Department of Roads Right of Way Division;
Thence Easterly along said Section line 275.54 feet
to the northwest corner of Northwest Quarter Northeast
Quarter of said Section 15;
Thence Southerly along the west line of said
Northwest Quarter Northeast Quarter 1320.00 feet, more
or less, to the southwest corner thereof;
Thence Easterly along the south line of said
Northwest Quarter Northeast Quarter 250.00 feet;
Thence Northerly parallel with the west line of
said Northwest Quarter Northeast Quarter 700.00 feet;
Thence along a line deflecting to the right 53 00
minutes 00 seconds to the intersection with the
southwesterly line of a 200 foot wide strip of land
conveyed to Chicago, Burlington, and Quincy Railroad
Company by deed recorded March 15, 1986 in Deed Book
115, Page 288 of the Otoe County records;
Thence Northwesterly along the right of way of the
railroad to the intersection with aforesaid
southeasterly right-of-way line of the State Highway 2;
Thence along said Highway right-of-way line the
following four courses:
(1) deflecting to the left 34 44 minutes 59 seconds
a distance of 109.40 feet;
(2) deflecting to the right 28 30 minutes 19
seconds a distance of 93.86 feet;
(3) deflecting to the left 51 03 minutes 26 seconds
a distance of 90.00 feet; and
(4) deflecting to the left 55 26 minutes 58 seconds
a distance of 322.28 feet to the point of beginning and
containing 13.00 acres of land, more or less.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under section (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey and all other costs incurred by the Secretary to convey the land
shall be borne by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as a historic site and
interpretive center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an
historic site and interpretive center for the Lewis and Clark National
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. shall convey lands back to
the Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or the conveyance, if any, under subsection (d) as
the Secretary considers appropriate to protect the interests of the
United States.
(f) Authorization of Appropriations.--To assist with the operation
of the facility there is authorized to be appropriated $150,000 per
year for a period not to exceed 10 years. | Authorizes the Secretary of the Interior to convey to the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc., specified federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historic site and interpretive center for the Trail. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Interior to convey to The Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. certain Federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historical interpretive site along the trail."} | 1,211 | 62 | 0.445304 | 1.263404 | 0.731584 | 5.055556 | 20.018519 | 0.907407 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Community Partnerships Against Crime
Act'', or ``COMPAC''.
SEC. 2. COMMUNITY PARTNERSHIPS AGAINST CRIME.
(a) Conforming Provisions.--(1) Section 5001 of the Anti-Drug Abuse
Act of 1988 is amended--
(A) by striking
``Chapter 2--Public and Assisted Housing Drug Elimination''
and inserting in lieu thereof the following:
``Chapter 2--Community Partnerships Against Crime'';
(B) by striking ``Congressional findings.'' and
inserting in lieu thereof the following:
``Purposes.''; and
(C) by adding after
``Sec. 5130. Authorization of appropriations.''
the following:
``Sec. 5131. Technical assistance.''.
(2) The heading for chapter 2 of subtitle C of title V of the Anti-
Drug Abuse Act of 1988 is amended to read as follows:
``CHAPTER 2--COMMUNITY PARTNERSHIPS AGAINST CRIME''.
(b) Short Title, Purposes, and Authority To Make Grants.--Sections
5121, 5122, and 5123 of the Public and Assisted Housing Drug
Elimination Act of 1990 are amended to read as follows:
``SEC. 5121. SHORT TITLE.
``This chapter may be cited as the `Community Partnerships Against
Crime Act of 1993'.
``SEC. 5122. PURPOSES.
``The purposes of this chapter are to--
``(1) substantially expand and enhance the Federal
Government's commitment to eliminating crime in public housing;
``(2) broaden the scope of the Public and Assisted Housing
Drug Elimination Act of 1990 to apply to all types of crime,
and not simply crime that is drug-related;
``(3) target opportunities for long-term commitments of
funding primarily to public housing agencies with serious crime
problems;
``(4) encourage the involvement of a broad range of
community-based groups, and residents of neighboring housing
that is owned or assisted by the Secretary, in the development
and implementation of anti-crime plans;
``(5) reduce crime and disorder in and around public
housing through the expansion of community-oriented policing
activities and problem solving;
``(6) provide training, information services, and other
technical assistance to program participants; and
``(7) establish a standardized assessment system to
evaluate need among public housing agencies, and to measure
progress in reaching crime reduction goals.
``SEC. 5123. AUTHORITY TO MAKE GRANTS.
``The Secretary of Housing and Urban Development, in accordance
with the provisions of this chapter, may make grants, for use in
eliminating crime in and around public and other federally assisted
low-income housing projects (1) to public housing agencies (including
Indian housing authorities) and (2) using amounts appropriated for
fiscal year 1994 only, to private, for-profit and nonprofit owners of
federally assisted low-income housing. In designing the program, the
Secretary shall consult with the Attorney General.''.
(c) Eligible Activities.--Section 5124 of such Act is amended--
(1) by striking ``(a) Public and Assisted Housing.--'';
(2) by inserting in the introductory material, immediately
after ``used in'', the following: ``and around'';
(3) in paragraph (3), by inserting immediately before the
semicolon the following: ``, such as fencing, lighting,
locking, and surveillance systems'';
(4) by striking paragraph (4)(A) and inserting in lieu
thereof the following new subparagraph:
``(A) to investigate crime; and'';
(5) in paragraph (6)--
(A) by striking ``in and around public or other
federally assisted low-income housing projects''; and
(B) by striking ``and'' after the semicolon;
(6) in paragraph (7)--
(A) by striking ``where a public housing agency
receives a grant,'';
(B) by striking ``drug abuse'' and inserting in
lieu thereof ``crime''; and
(C) by striking the period at the end and inserting
in lieu thereof a colon;
(7) by adding the following new paragraphs after paragraph
(7):
``(8) the employment or utilization of one or more
individuals, including law enforcement officers, made available
by contract or other cooperative arrangement with State or
local law enforcement agencies, to engage in community- and
problem-oriented policing involving interaction with members of
the community on proactive crime control and prevention;
``(9) youth initiatives, such as activities involving
training, education, after school programs, cultural programs,
recreation and sports, career planning, and entrepreneurship
and employment; and
``(10) resident service programs, such as job training,
education programs, and other appropriate social services which
address the contributing factors of crime.''; and
(8) by striking subsection (b).
(d) Applications.--Section 5125 of such Act is amended--
(1) in subsection (a)--
(A) by adding the paragraph designation ``(1)''
immediately after ``In general.--'';
(B) in the first sentence, by striking ``, a public
housing resident management corporation,'';
(C) in the second sentence, by striking ``drug-
related crime on the premises of'' and inserting in
lieu thereof the following: ``crime in and around'';
and
(D) by adding the following new paragraphs at the
end:
``(2) The Secretary shall, by regulation issued after
notice and opportunity for public comment, set forth criteria
for establishing a class of public housing agencies that have
especially severe crime problems. Any public housing agency
within this class may submit an application for a one-year
grant under this chapter that, subject to the availability of
appropriated amounts, shall be renewed for a period not
exceeding the four subsequent years: Provided, That the
Secretary finds, after an annual or more frequent performance
review, that the public housing agency is performing under the
terms of the grant and applicable laws in a satisfactory manner
and meets such other requirements as the Secretary may
prescribe.
``(3) Any eligible applicant may submit an application for
a grant for a period of up to two years. The Secretary may
accord a preference to applications seeking a subsequent grant
under this paragraph if the grant is to be used to continue or
expand activities assisted under a previous grant under this
paragraph and the Secretary finds that the applicant's program
under the prior grant is being managed soundly and demonstrates
success. Any preferences under the preceding sentence shall not
unreasonably prejudice the opportunities of other public
housing agencies to be awarded grants under this paragraph.'';
(2) in subsection (b)--
(A) in the introductory material, by striking
``subsections (c) and (d)'' and inserting in lieu
thereof ``subsections (a) and (c)'';
(B) in paragraph (1), by striking ``drug-related
crime problem in'' and inserting in lieu thereof the
following: ``crime problem in and around'';
(C) in paragraph (2), by inserting immediately
after ``crime problem in'' the following: ``and
around''; and
(D) in paragraph (4), by inserting after ``local
government'' the following: ``, local community-based
non-profit organizations, local resident organizations
that represent the residents of neighboring projects
that are owned or assisted by the Secretary,'';
(3) in subsection (c)(2) by striking ``drug-related'' the
two places it appears; and
(4) by striking subsection (d).
(e) Definitions.--Section 5126 of such Act is amended by striking
paragraphs (1) and (2), and renumbering paragraphs (3) and (4) as
paragraphs (1) and (2), respectively.
(f) Implementation.--Section 5127 of such Act is amended to read as
follows:
``SEC 5127. IMPLEMENTATION.
``The Secretary shall issue regulations to implement this chapter
within 180 days of the enactment of the Community Partnerships Against
Crime Act.''.
(g) Reports.--Section 5128 of such Act is amended by striking
``drug-related crime in'' and inserting in lieu thereof the following:
``crime in and around''.
(h) Authorization of Appropriations.--Section 5130 of such Act is
amended--
(1) in the first sentence of subsection (a), by striking
``$175,000,000 for fiscal year 1993'' and all that follows and
inserting in lieu thereof: ``$265,000,000 for fiscal year 1994
and $325,000,000 for fiscal year 1995.'';
(2) in subsection (b)--
(A) by striking ``Set-Asides'' and inserting in
lieu thereof ``Set-Aside'';
(B) by striking the first sentence;
(C) by striking ``drug elimination'';
(D) by striking ``fiscal years 1993 and 1994''; and
(E) by striking ``and 5.0 percent'' and all that
follows through the end of the sentence and inserting
in lieu thereof a period; and
(3) by striking subsection (c) and section 520(k) of the
Cranston-Gonzalez National Affordable Housing Act.
(i) Technical Assistance.--Such Act is further amended by adding at
the end thereof the following new section:
``SEC. 5131. TECHNICAL ASSISTANCE.
``Of the amounts appropriated annually for each of fiscal years
1994 and 1995 to carry out this chapter, the Secretary is authorized to
use up to $10,000,000, directly or indirectly, under grants, contracts,
cooperative agreements, or otherwise, to provide training, information
services, and other technical assistance to public housing agencies and
other entities with respect to their participation in the program
authorized by this chapter. Such technical assistance may include the
establishment and operation of the clearinghouse on drug abuse in
public housing and the regional training program on drug abuse in
public housing under sections 5143 and 5144 of this Act. The Secretary
is also authorized to use the foregoing amounts for obtaining
assistance in establishing and managing assessment and evaluation
criteria and specifications, and obtaining the opinions of experts in
relevant fields.''. | Community Partnerships Against Crime Act, or COMPAC - Amends the Public and Assisted Housing Drug Elimination Act of 1990 to expand the use of anti-drug crime public housing grants to all types of crime.
Makes long-term (one-year initial, five-year total) grants available to public housing authorities with especially severe crime problems. Makes other applicants eligible for two-year grants, with preference for subsequent funding. | {"src": "billsum_train", "title": "COMPAC"} | 2,317 | 93 | 0.576814 | 1.460406 | 0.939434 | 2.542169 | 26.325301 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in America Now Act of 2012''.
SEC. 2. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR CERTAIN
BUSINESS ASSETS.
(a) Extension of 100 Percent Bonus Depreciation for 2012.--
(1) In general.--Paragraph (5) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2012'' each place it
appears and inserting ``January 1, 2013'', and
(B) by striking ``January 1, 2013'' and inserting
``January 1, 2014''.
(2) Conforming amendments.--
(A) The heading for paragraph (5) of section 168(k)
of such Code is amended by striking ``pre-2012
periods'' and inserting ``pre-2013 periods''.
(B) Clause (ii) of section 460(c)(6)(B) of such
Code is amended by striking ``January 1, 2011 (January
1, 2012'' and inserting ``January 1, 2013 (January 1,
2014''.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to property placed in service after December 31, 2011.
(B) Conforming amendment.--The amendment made by
paragraph (2)(B) shall apply to property placed in
service after December 31, 2010.
(b) Expansion of Election To Accelerate AMT Credits in Lieu of
Bonus Depreciation.--
(1) In general.--Paragraph (4) of section 168(k) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have
this paragraph apply for any taxable year--
``(i) paragraph (1) shall not apply to any
eligible qualified property placed in service
by the taxpayer in such taxable year,
``(ii) the applicable depreciation method
used under this section with respect to such
property shall be the straight line method, and
``(iii) the limitation imposed by section
53(c) for such taxable year shall be increased
by the bonus depreciation amount which is
determined for such taxable year under
subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of
this paragraph--
``(i) In general.--The bonus depreciation
amount for any taxable year is an amount equal
to 20 percent of the excess (if any) of--
``(I) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) applied to all such
property, over
``(II) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) did not apply to any
such property.
The aggregate amounts determined under
subclauses (I) and (II) shall be determined
without regard to any election made under
subsection (b)(2)(D), (b)(3)(D), or (g)(7) and
without regard to subparagraph (A)(ii).
``(ii) Limitation.--The bonus depreciation
amount for any taxable year shall not exceed
the lesser of--
``(I) 50 percent of the minimum tax
credit under section 53(b) for the
first taxable year ending after
December 31, 2011, reduced (but not
below zero) by the sum of the bonus
depreciation amounts for all taxable
years ending after such date for which
an election under this paragraph was
made which precede the taxable year for
which the determination is made (other
than amounts determined with respect to
property placed in service by the
taxpayer on or before such date), or
``(II) the minimum tax credit under
section 53(b) for such taxable year
determined by taking into account only
the adjusted minimum tax for taxable
years ending before January 1, 2012
(determined by treating credits as
allowed on a first-in, first-out
basis).
``(iii) Aggregation rule.--All corporations
which are treated as a single employer under
section 52(a) shall be treated--
``(I) as 1 taxpayer for purposes of
this paragraph, and
``(II) as having elected the
application of this paragraph if any
such corporation so elects.
``(C) Eligible qualified property.--For purposes of
this paragraph, the term `eligible qualified property'
means qualified property under paragraph (2), except
that in applying paragraph (2) for purposes of this
paragraph--
``(i) `March 31, 2008' shall be substituted
for `December 31, 2007' each place it appears
in subparagraph (A) and clauses (i) and (ii) of
subparagraph (E) thereof,
``(ii) `April 1, 2008' shall be substituted
for `January 1, 2008' in subparagraph
(A)(iii)(I) thereof, and
``(iii) only adjusted basis attributable to
manufacture, construction, or production--
``(I) after March 31, 2008, and
before January 1, 2010, and
``(II) after December 31, 2010, and
before January 1, 2013, shall be taken
into account under subparagraph (B)(ii)
thereof.
``(D) Credit refundable.--For purposes of section
6401(b), the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable
year resulting from the application of this paragraph
shall be treated as allowed under subpart C of such
part (and not any other subpart).
``(E) Other rules.--
``(i) Election.--Any election under this
paragraph may be revoked only with the consent
of the Secretary.
``(ii) Partnerships with electing
partners.--In the case of a corporation making
an election under subparagraph (A) and which is
a partner in a partnership, for purposes of
determining such corporation's distributive
share of partnership items under section 702--
``(I) paragraph (1) shall not apply
to any eligible qualified property, and
``(II) the applicable depreciation
method used under this section with
respect to such property shall be the
straight line method.
``(iii) Certain partnerships.--In the case
of a partnership in which more than 50 percent
of the capital and profits interests are owned
(directly or indirectly) at all times during
the taxable year by one corporation (or by
corporations treated as 1 taxpayer under
subparagraph (B)(iii)), for purposes of
subparagraph (B), each partner shall take into
account its distributive share of the amounts
determined by the partnership under subclauses
(I) and (II) of clause (i) of such subparagraph
for the taxable year of the partnership ending
with or within the taxable year of the partner.
The preceding sentence shall apply only to
amounts determined with respect to property
placed in service after December 31, 2011.
``(iv) Special rule for passenger
aircraft.--In the case of any passenger
aircraft, the written binding contract
limitation under paragraph (2)(A)(iii)(I) shall
not apply for purposes of subparagraphs
(B)(i)(I) and (C).''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after December 31, 2011.
(3) Transitional rule.--In the case of a taxable year
beginning before January 1, 2012, and ending after December 31,
2011, the bonus depreciation amount determined under paragraph
(4) of section 168(k) of the Internal Revenue Code of 1986 for
such year shall be the sum of--
(A) such amount determined under such paragraph as
in effect on the date before the date of enactment of
this Act--
(i) taking into account only property
placed in service before January 1, 2012, and
(ii) multiplying the limitation under
subparagraph (C)(ii) of such paragraph (as so
in effect) by a fraction the numerator of which
is the number of days in the taxable year
before January 1, 2012, and the denominator of
which is the number of days in the taxable
year, and
(B) such amount determined under such paragraph as
amended by this Act--
(i) taking into account only property
placed in service after December 31, 2011, and
(ii) multiplying the limitation under
subparagraph (B)(ii) of such paragraph (as so
in effect) by a fraction the numerator of which
is the number of days in the taxable year after
December 31, 2011, and the denominator of which
is the number of days in the taxable year.
SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011. | Invest in America Now Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2012 the 100% bonus depreciation allowance for business assets; (2) increase the amount of alternative minimum tax (AMT) credits that corporate taxpayers may elect to accelerate in a taxable year in lieu of claiming bonus depreciation; and (3) deny major integrated oil companies a tax deduction for income attributable to the domestic production, transportation, or distribution of oil, natural gas, and primary products thereof. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend bonus depreciation, and for other purposes."} | 2,218 | 111 | 0.514517 | 1.403199 | 0.780073 | 2.612245 | 20.418367 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bailout Prevention Act of 2017''.
SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS.
Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B))
is amended by striking clauses (ii) and (iii) and inserting the
following:
``(ii)(I) The Board shall establish procedures to
prohibit borrowing from programs and facilities by
borrowers that are insolvent. A borrower shall not be
eligible to borrow from any emergency lending program
or facility unless the Board and all Federal banking
regulators with jurisdiction over the borrower certify
that, at the time the borrower initially borrows under
the program or facility, the borrower is not insolvent.
Solvency shall be assessed by examining the last 4
months of relevant financial data and determining
whether the fair value of the borrower's assets exceeds
the fair value of the borrower's liabilities, with
appropriate adjustment for temporary illiquidity in
relevant markets.
``(II) A borrower shall be considered insolvent for
purposes of this subparagraph if the borrower is--
``(aa) in bankruptcy, resolution under
title II of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5381 et
seq.), or any other Federal or State insolvency
proceeding; or
``(bb) a bridge financial company (as
defined in section 201(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a))) or a bridge depository
institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C.
1813)).
``(III) If the Board or any other banking regulator
makes a certification of solvency, the Board or banking
regulator, as applicable, shall issue a contemporaneous
public statement providing a detailed explanation of
the certification decision.
``(iii) A program or facility shall be considered a
program or facility with broad-based eligibility only
if not fewer than 5 companies are eligible to
participate in the program or facility in a significant
manner.''.
SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT.
Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is
amended by adding at the end the following:
``(F) Any emergency lending under this paragraph
shall be provided at an annual interest rate not less
than 500 basis points greater than the cost of
borrowing for the United States Treasury for a
commensurate loan term.
``(G)(i) If the Board determines that the Board
shall create an emergency lending program or facility
that does not comply with the broad-based eligibility
requirement described in subparagraph (B)(iii) or the
penalty rate requirement described in subparagraph (F),
the Board--
``(I) may create such a program or
facility; and
``(II) not later than 3 days after the date
on which a program or facility is created under
clause (i), shall submit to Congress a report
that describes the reasons why the Board is
unable to comply with any requirement described
in the matter preceding subclause (I).
``(ii)(I) A program or facility created under
clause (i)(I) shall terminate on the date that is 30
calendar days after the date on which Congress receives
a report described in clause (i)(II) unless there is
enacted into law a joint resolution approving the
program or facility not later than 30 calendar days
after the date on which the report is received. Any
loan offered through the program or facility that are
outstanding as of the date on which the facility is
terminated shall be repaid in full not later than 30
calendar days after the date on which the program or
facility is terminated.
``(II) For the purpose of this section, the term
`joint resolution' means only a joint resolution--
``(aa) that is introduced not later than 3
calendar days after the date on which the
report referred to in clause (i)(I) is received
by Congress;
``(bb) that does not have a preamble;
``(cc) the title of which is as follows:
`Joint resolution relating to the approval of a
program or facility created by the Board of
Governors of the Federal Reserve System'; and
``(dd) the matter after the resolving
clause of which is as follows: `That Congress
approves the program or facility created by the
Board of Governors of the Federal Reserve
System on __________.' (The blank space being
appropriately filled in).
``(III)(aa) Upon receipt of a report under
subsection (a)(3), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall
convene not later than the second calendar day after
receipt of such report.
``(bb) Any committee of the House of
Representatives to which a joint resolution is referred
shall report it to the House not later than 5 calendar
days after the date of receipt of the report described
in clause (i)(II). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
``(cc) After each committee authorized to consider
a joint resolution reports it to the House or has been
discharged from its consideration, it shall be in
order, not later than the sixth day after Congress
receives the report described in clause (i)(II), to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(dd) The joint resolution shall be considered as
read. All points of order against the joint resolution
and against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
``(IV)(aa) Upon receipt of a report under clause
(i)(II), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate,
after consultation with the minority leader of the
Senate, shall notify the Members of the Senate that,
pursuant to this subparagraph, the Senate shall convene
not later than the second calendar day after receipt of
such message.
``(bb) Upon introduction in the Senate, the joint
resolution shall be placed immediately on the calendar.
``(cc)(AA) Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the fourth day
after the date on which Congress receives a report
described in clause (i)(II) and ending on the sixth day
after the date on which Congress receives the report
(even though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against
consideration of the joint resolution) are waived. The
motion to proceed is not debatable. The motion is not
subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the joint
resolution shall remain the unfinished business until
disposed of.
``(BB) Debate on the joint resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between the majority and minority
leaders or their designees. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(CC) The vote on passage shall occur immediately
following the conclusion of the debate on a joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(DD) Appeals from the decisions of the Chair
relating to the application of the rules of the Senate,
as the case may be, to the procedure relating to a
joint resolution shall be decided without debate.
``(V)(aa) If, before the passage by one House of a
joint resolution of that House, that House receives
from the other House a joint resolution, then the
following procedures shall apply:
``(AA) The joint resolution of the other
House shall not be referred to a committee.
``(BB) With respect to a joint resolution
of the House receiving the resolution--
``(CC) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
``(DD) the vote on passage shall be on the
joint resolution of the other House.
``(bb) If one House fails to introduce or consider
a joint resolution under this section, the joint
resolution of the other House shall be entitled to
expedited floor procedures under this section.
``(cc) If, following passage of the joint
resolution in the Senate, the Senate then receives the
companion measure from the House of Representatives,
the companion measure shall not be debatable.
``(dd) If the President vetoes the joint
resolution, the period beginning on the date the
President vetoes the joint resolution and ending on the
date the Congress receives the veto message with
respect to the joint resolution shall be disregarded in
computing the 30-calendar-day period described in
subclause (I) and debate on a veto message in the
Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or
their designees.
``(ee) This subclause and subclauses (II), (III),
and (IV) are enacted by Congress--
``(AA) as an exercise of the rulemaking
power of the Senate and House of
Representatives, respectively, and as such it
is deemed a part of the rules of each House,
respectively, but applicable only with respect
to the procedure to be followed in that House
in the case of a joint resolution, and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
``(BB) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.''.
SEC. 4. PUBLIC DISCLOSURE OF INFORMATION RELATED TO CREDIT FACILITIES.
(a) Reports on GAO Audits.--Section 714(f)(3)(C)(iii) of title 31,
United States Code, is amended--
(1) by striking ``1 year'' and inserting ``60 days''; and
(2) by striking ``24 months'' and inserting ``60 days''.
(b) Public Disclosures by the Board of Governors.--Section 11 of
the Federal Reserve Act (12 U.S.C. 248) is amended--
(1) in the first subsection (s) (relating to transparency
and the release of information)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``1
year'' and inserting ``60 days''; and
(ii) in subparagraph (B), by striking ``the
last day of the eighth calendar quarter
following the calendar quarter in which'' and
inserting ``the date that is 60 days after the
date on which''; and
(B) in paragraph (5), by striking ``24-month'' and
inserting ``60 days''; and
(2) by redesignating the second subsection (s) (relating to
assessments, fees, and other charges) as subsection (t). | Bailout Prevention Act of 2017 This bill amends the Federal Reserve Act to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System (the Board) and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last four months of relevant financial data and determining whether the fair value of the borrower's assets exceeds its liabilities, with appropriate adjustment for temporary illiquidity in the relevant markets. A borrower shall be deemed insolvent for such purposes if it is in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any other federal or state insolvency proceedings, or is a bridge financial company or a bridge depository institution. A program shall be considered one with "broad-based eligibility" only if at least five companies are eligible to participate in the program in a significant manner. The annual interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement or the interest rate requirement, but only if Congress enacts into law a joint resolution of approval within 30 days. The bill reduces the timing of various reporting requirements of the Government Accountability Office and the Board from 1-2 years to 60 days. | {"src": "billsum_train", "title": "Bailout Prevention Act of 2017"} | 2,860 | 353 | 0.69953 | 2.010891 | 0.797375 | 4.461017 | 8.935593 | 0.908475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessing Progress in Haiti Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Government of Haiti, more than 316,000
people died as a result of the earthquake that struck 15 miles
southwest of Port-au-Prince on January 12, 2010, including 103
United States citizens and more than 100 United Nations
personnel.
(2) According to the United Nations and the International
Organization for Migration, an estimated 3,000,000 people were
directly affected by the disaster, and more than 2,100,000
people were displaced from their homes.
(3) The Post Disaster Needs Assessment conducted by the
Government of Haiti, the United Nations, the World Bank, the
Inter-American Development Bank, and others estimated that
damage and economic losses totaled $7,804,000,000,
approximately 120 percent of Haiti's gross domestic product in
2009.
(4) The initial emergency response of the men and women of
the United States Government, led by the United States Agency
for International Development (USAID) and the United States
Southern Command, as well as of cities, towns, individuals,
businesses, and philanthropic organizations across the United
States, was swift and resolute.
(5) According to the Government of Haiti, numerous
multilateral agencies such as the United Nations, and
international NGOs, Haiti faces an ongoing food crisis as a
result of the earthquake and subsequent damage caused by
tropical storms and hurricanes, as well as long term neglect of
the agriculture sector.
(6) According to the International Organization for
Migration, approximately 350,000 people remain in spontaneous
and organized camps in Haiti, and reports by the General
Accountability Office, USAID Inspector General, and civil
society organizations indicate that the pace of recovery and
development has lagged significantly behind the emergency
relief phase.
(7) Haitian civil society organizations have noted a lack
of systematic and widespread consultations with Haitian
communities for their input in the recovery and development
process.
(8) On October 21, 2010, an outbreak of cholera was
detected and according to the Haitian Ministry of Public Health
and Population, as of February 17, 2013, more than 8,000 people
had died from cholera and more than 647,500 had been infected
with the disease.
(9) The United States has provided more than $95,000,000 in
aid to combat the cholera epidemic and care for the victims.
(10) The United Nations Office of the Special Envoy for
Haiti estimates that, including donor pledges and other
support, approximately $6,400,000,000 has been disbursed, with
an additional amount of $3,800,000,000 committed, to assist in
Haiti's recovery and development.
(11) The United States Government has obligated
approximately $3,600,000,000 for relief, recovery and
development in Haiti since the earthquake, of which
$1,300,000,000 had been disbursed as of April 2013.
(12) Significant challenges remain in Haiti which will
require continued recovery and development aid from the
international community for the foreseeable future.
(13) The Haitian Diaspora has also played an essential role
in Haiti's reconstruction and the United States Government
should take steps to increase outreach and encourage
participation by Haitian Americans in recovery and development
activities in Haiti.
SEC. 3. REPORT.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the status of post-earthquake
recovery and development efforts in Haiti, including efforts to prevent
the spread of cholera and treat persons infected with the disease.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an assessment of the progress of recovery and
development efforts, as embodied in the Post-Earthquake USG
Haiti Strategy: Toward Renewal and Economic Opportunity
produced by the Department of State, compared to what remains
to be achieved to meet specific goals, including--
(A) the amount of funds disbursed through country
systems and any significant changes to the Strategy
since January 2010, with an explanation of such
changes;
(B) the amounts obligated and expended on United
States Government programs and activities since January
2010 to implement the Strategy, including award data on
the use of implementing partners at both prime and
subprime levels, and disbursement data from prime and
subprime implementing partners; and
(C) a description of goals and quantitative and
qualitative indicators to evaluate the progress,
achievement, or lack of achievement of such goals,
within specific timeframes, that comprise the Strategy
at the program level;
(2) an assessment of the manner in which the Department of
State and USAID are working with Haitian ministries and local
authorities, including the extent to which the Government of
Haiti has been consulted on the establishment of goals and
timeframes and on the design and implementation of new programs
under the Strategy;
(3) an assessment of the extent to which Haitian civil
society and grassroots organizations have been consulted on the
establishment of goals and timeframes and on the design and
implementation of new programs under the Strategy;
(4) an assessment of efforts to increase the involvement of
the Haitian private sector in recovery and development
activities;
(5) an assessment of how consideration for vulnerable
populations, including IDPs, women, children, orphans, and
persons with disabilities, have been incorporated in the design
and implementation of new programs and infrastructure;
(6) an assessment of how agriculture and infrastructure
programs are impacting food security and the livelihoods of
smallholder farmers in Haiti;
(7) an assessment of recovery and development coordination
among United States Government agencies and between the United
States Government and other donors;
(8) a description of the United States Government's
efforts, including diplomatic efforts, to help abate the
cholera epidemic in Haiti, in coordination with the Government
of Haiti, the United Nations, and other relevant entities;
(9) a description of mechanisms for communicating the
progress of recovery and development efforts to Haitian
citizens; and
(10) an assessment of the steps Haiti is taking to
strengthen its capacity to receive individuals who are removed,
excluded, or deported from the United States.
(c) Use of Previously Appropriated Funds.--Notwithstanding any
other provision of law, to carry out this section, the Comptroller
General of the United States is authorized to use unobligated amounts
made available to the Government Accountability Office in an amount not
to exceed $100,000. | Assessing Progress in Haiti Act - Directs the Comptroller General (GAO) to report to Congress on the status of post-earthquake recovery and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. | {"src": "billsum_train", "title": "Assessing Progress in Haiti Act"} | 1,354 | 62 | 0.438676 | 1.16701 | 0.808031 | 7.595745 | 28.425532 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 1997''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--A domestic partner of an employee shall be
entitled to benefits available to and obligations imposed upon a spouse
of an employee.
(b) Certification of Eligibility.--In order to obtain benefits
under this Act, an employee shall file an affidavit of eligibility for
benefits with the Office of Personnel Management certifying that the
employee and the domestic partner of the employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification; and
(7)(A) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the state in which they reside; or
(B) are opposite sex domestic partners, and are not related
in a way that would prohibit legal marriage in the state in
which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall be deemed a spouse of the employee for the purpose of
receiving benefits under this Act.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under the Consolidated Omnibus
Budget Reconciliation Act of 1985.
(d) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(e) Definitions.--For purposes of this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means--
(A) Civil Service Retirement, as provided in title
5, chapter 83, of the United States Code;
(B) Federal Employees' Retirement, as provided in
title 5, chapter 84, of the United States Code;
(C) life insurance, as provided in title 5, chapter
87, of the United States Code;
(D) health insurance, as provided in title 5,
chapter 89, of the United States Code; and
(E) compensation for work injuries, as provided in
title 5, chapter 81, of the United States Code.
(3) Employee.--
(A) With respect to Civil Service Retirement, the
term ``employee'' shall have the meaning given such
term in section 8331(1) of title 5, United States Code.
(B) With respect to Federal Employees' Retirement,
the term ``employee'' shall have the meaning given such
term in section 8401(11) of title 5, United States
Code.
(C) With respect to life insurance, the term
``employee'' shall have the meaning given such term in
section 8701(a) of title 5, United States Code.
(D) With respect to health insurance, the term
``employee'' shall have the meaning given such term in
section 8901 of title 5, United States Code.
(E) With respect to compensation for work injuries,
the term ``employee'' shall have the meaning given such
term in section 8101(1) of title 5, United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities that would be incurred by the spouse of an
employee.
SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO
DOMESTIC PARTNERS.
Section 106 of the Internal Revenue Code of 1986 (relating to
contributions by employer to accident and health plans) is amended by
adding at the end the following new subsection:
``(d) Treatment of Domestic Partners.--The provisions of section 2
of the Domestic Partnership Benefits and Obligations Act of 1997 shall
apply to employees and domestic partners of employees for purposes of
this section and any other benefit which is not includible in the gross
income of employees by reason of an express provision of this
chapter.'' | Domestic Partnership Benefits and Obligations Act of 1997 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. | {"src": "billsum_train", "title": "Domestic Partnership Benefits and Obligations Act of 1997"} | 1,283 | 32 | 0.558491 | 1.298264 | 0.518497 | 5.083333 | 48.375 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Teacher Training Act of
2001''.
SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS.
(a) In General.--The Secretary of Education, through the Office of
Educational Technology established under section 216 of the Department
of Education Organization Act (20 U.S.C. 3425), may award grants on a
competitive basis to local educational agencies (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) to assist such agencies in providing intensive classroom-related
computer training for teachers.
(b) Minimum Grant Amount.--A grant awarded pursuant to subsection
(a) shall be for not less than $10,000,000.
(c) Requirements of Grant.--A grant awarded pursuant to subsection
(a) shall provide that--
(1) the grantee will enter into a contract with an
institution of higher education or another nonprofit
educational provider (hereafter in this section referred to as
the ``contractor'') under which the contractor will agree to
establish, operate, and provide the non-Federal share of the
cost of a teacher training program described in such
subsection;
(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating a teacher training program as provided in
paragraph (1); and
(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
(d) Teacher Training Programs.--The teacher training programs
authorized in subsection (a)--
(1) shall be conducted during the school year and during
the summer months;
(2) shall train teachers who teach grades kindergarten
through college;
(3) shall select teachers to become members of a teacher
network whose members will conduct workshops for other teachers
employed by the local educational agency; and
(4) shall encourage teachers from all disciplines to
participate in such teacher training programs.
(e) Supplement and not Supplant.--Grants awarded pursuant to this
section shall be used to supplement and not supplant State and local
funds available for the purpose set forth in subsection (a).
SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL
DEVELOPMENT FOR TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF
TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
technology-related expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $1,000 with respect to each eligible
teacher.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means any individual--
``(1) who, at the time the expense is paid or incurred, is
a full-time teacher for any of grades K-12 in the United
States, or
``(2) who reasonably expects to be such a full-time teacher
for the academic year beginning in the taxable year in which
such expense is paid or incurred.
``(d) Qualified Technology-Related Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified technology-related expenses' means expenses--
``(A) which would (but for subsection (e)) be
allowed as a deduction under this chapter by reason of
being related to teaching activities referred to in
subsection (c), and
``(B) which are for training in the use of
technology (including computers) in the classroom.
``(2) Computers included.--Such term includes the cost of
any computer or technology equipment (as defined in section
170(e)(6)(F)) if at least 50 percent of the use of which
(whether or not in the classroom) is related to teaching
activities as an eligible teacher.
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which a credit is allowed under
this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply to any taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Technology-related
professional development
expenses of teachers.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO CHARITIES.
(a) Extension of Age of Eligible Computers.--Clause (ii) of section
170(e)(6)(B) of the Internal Revenue Code of 1986 (defining qualified
computer contribution) is amended by striking ``date'' the first place
it appears and all that follows and inserting the following:
``date--
``(I) the taxpayer acquired or
reacquired the property,
``(II) construction of the property
is substantially completed in the case
of property constructed by the taxpayer
for its own use in its trade or
business and which is not inventory
with respect to the taxpayer, or
``(III) the property was originally
sold, leased, or otherwise disposed of
by the taxpayer in the case of property
reacquired by the taxpayer.''.
(b) Reacquired Computers Eligible for Donation.--Clause (iii) of
section 170(e)(6)(B) of such Code (defining qualified computer
contribution) is amended by inserting ``, the person from whom the
donor reacquires the property,'' after ``the donor''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45E. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC
LIBRARIES.
``(a) General Rule.--For purposes of section 38, the school and
public library computer donation credit determined under this section
is an amount equal to 30 percent of the qualified computer
contributions made by the taxpayer during the taxable year.
``(b) Increased Percentage for Contributions to Schools or Public
Libraries in Empowerment Zones, Enterprise Communities, and Indian
Reservations.--In the case of a qualified computer contribution to an
educational organization, public library, or entity located in an
empowerment zone or enterprise community designated under section 1391
or an Indian reservation (as defined in section 168(j)(6)), subsection
(a) shall be applied by substituting `50 percent' for `30 percent'.
``(c) Limitation.--No credit shall be allowed under subsection (a)
for the contribution of a computer (as defined in section
168(i)(2)(B)(ii)) if the computer software (as defined in section
197(e)(3)(B)) that serves as the operating system of such computer has
not been lawfully installed.
``(d) Qualified Computer Contribution.--For purposes of this
section, the term `qualified computer contribution' has the meaning
given such term by section 170(e)(6)(B).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of paragraphs (1) and (2) of section 41(f)
shall apply.
``(f) Termination.--This section shall not apply to taxable years
beginning on or after the date which is 3 years after the date of the
enactment of the 21st Century Teacher Training Act of 2001.''
(b) Current Year Business Credit Calculation.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, plus'', and by adding at
the end the following:
``(14) the school and public library computer donation
credit determined under section 45E(a).''.
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following:
``(d) Credit for School and Public Library Computer Donations.--No
deduction shall be allowed for that portion of the qualified computer
contributions (as defined in section 170(e)(6)(B)) made during the
taxable year that is equal to the amount of credit determined for the
taxable year under section 45E(a). In the case of a corporation which
is a member of a controlled group of corporations (within the meaning
of section 52(a)) or a trade or business which is treated as being
under common control with other trades or businesses (within the
meaning of section 52(b)), this subsection shall be applied under rules
prescribed by the Secretary similar to the rules applicable under
subsections (a) and (b) of section 52.''
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code (relating to carryback and carryforward of unused credits) is
amended by adding at the end the following:
``(10) No carryback of school and public library computer
donation credit before effective date.--No amount of unused
business credit available under section 45E may be carried back
to a taxable year beginning on or before the date of the
enactment of this paragraph.''.
(e) Clerical Amendment.--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 45D the following:
``Sec. 45E. Credit for computer donations
to schools and public
libraries.''
(f) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act. | 21st Century Teacher Training Act of 2001 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide programs of intensive classroom-related computer training for teachers. Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers that will establish, operate, and provide the non-Federal share of the cost of such programs.Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers. Establishes a business-related tax credit for donations of computers to schools and public libraries. | {"src": "billsum_train", "title": "To encourage the use of technology in the classroom."} | 2,521 | 148 | 0.572535 | 1.451207 | 0.698662 | 4.079365 | 17.238095 | 0.920635 |
SECTION 1. PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344 of title 5,
United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1)(A) For purposes of this subsection--
``(i) the term `agency' means--
``(I) an Executive agency;
``(II) the United States Postal Service;
``(III) the judicial branch; and
``(IV) any employing entity covered by subsection
(k); and
``(ii) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(B) The head of an agency, in the case of an agency described in
subclause (III) or (IV) of subparagraph (A)(i), shall be determined in
the same manner as provided for under subsection (j) or (k),
respectively.
``(2) The head of any agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is employed in
such agency as a limited time appointee.
``(3) The head of any agency may not waive the application of
subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by such
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by such
annuitant during any 12-month period; or
``(C) for more than 6240 hours of service performed by such
annuitant during the individual's lifetime.
``(4)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and
form of necessary records of employment under this
subsection;
``(ii) to the extent not otherwise expressly
prohibited by law, require employing organizations to
provide records of such employment to the Office of
Personnel Management or other employing organizations
as necessary to ensure compliance with paragraph (3);
``(iii) permit other administratively convenient
periods substantially equivalent to 12 months, such as
26 pay periods, to be used in determining compliance
with paragraph (3)(B); and
``(iv) include such other administrative
requirements as the Director of the Office of Personnel
Management may find appropriate to provide for the
effective operation of, or to ensure compliance with,
this subsection.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and
inserting ``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of title 5,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1)(A) For purposes of this subsection--
``(i) the term `agency' means--
``(I) an Executive agency;
``(II) the United States Postal Service;
``(III) the judicial branch; and
``(IV) any employing authority covered by
subsection (h); and
``(ii) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(B) The head of an agency, in the case of an agency described in
subclause (III) or (IV) of subparagraph (A)(i), shall be determined in
the same manner as provided for under subsection (g) or (h),
respectively; and
``(2) The head of any agency may waive the application of
subsection (a) with respect to any annuitant who is employed in such
agency as a limited time appointee.
``(3) The head of any agency may not waive the application of
subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by such
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by such
annuitant during any 12-month period; or
``(C) for more than 6240 hours of service performed by such
annuitant during the individual's lifetime.
``(4)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing organizations to provide records of such
employment to the Office or other employing organizations as
necessary to ensure compliance with paragraph (3);
``(iii) permit other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay periods,
to be used in determining compliance with paragraph (3)(B); and
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to ensure
compliance with, this subsection.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and
inserting ``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.
(c) Technical and Conforming Amendments.--Section 1005(d)(2) of
title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''. | Allows a federal agency head to waive the application of civil service retirement system and federal employee retirement system provisions restricting annuities and pay upon reemployment with respect to an annuitant employed as a limited time appointee, but prohibits waiving such provisions with respect to an annuitant for more than: (1) 520 hours of service performed during the six months following the individual's annuity commencing date; (2) 1040 hours of service performed during any 12-month period; or (3) 6240 hours of service performed during the individual's lifetime. | {"src": "billsum_train", "title": "A bill to facilitate the part-time reemployment of annuitants, and for other purposes."} | 1,421 | 122 | 0.642351 | 1.728112 | 0.565898 | 3.588235 | 13.264706 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Neotropical migratory bird populations in nations
within the range of neotropical migratory birds have continued
to decline to the point that the long-term survival of various
species in the wild is in jeopardy.
(2) 90 North American bird species are listed as endangered
species or threatened species under section 4 of the Endangered
Species Act of 1973, and 124 species of migratory birds are
currently on the United States Fish and Wildlife Service's List
of Migratory Nongame Birds of Management Concern.
(3) The United States, through 4 bilateral treaties, has
responsibility of maintaining healthy populations of 778
species of migratory nongame birds and 58 species of migratory
game birds that migrate between the Caribbean, Latin America,
and North America.
(4) The Government of Mexico presently lists approximately
390 bird species as endangered, threatened, vulnerable, or
rare.
(5) Healthy bird populations provide important economic
benefits, such as control of detrimental insects on
agricultural crops, thus preventing the loss of millions of
dollars each year to farming and timber interests.
(6) Neotropical migratory birds travel across many
international borders, therefore the conservation of these
species requires that safeguards be established at both the
beginning and end of the migration routes, as well as at
essential stopover areas along the way.
(7) Because the challenges facing the conservation of
neotropical migratory birds are so great, resources to date
have not been sufficient to cope with continued loss of habitat
and the consequent reduction of neotropical migratory bird
populations.
(8) To reduce, remove, or otherwise effectively address
these threats through the long-term viability of populations of
neotropical migratory birds in the wild will require the joint
commitment and efforts of nations within the range of
neotropical migratory birds and the private sector.
(9) A Neotropical Migratory Bird Conservation fund would
provide much-needed support for projects aimed at protecting
critical habitat for declining migratory bird species, in an
innovative way that promotes conservation partnerships and cost
sharing through joint Federal and non-Federal support
mechanisms.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of neotropical
migratory birds.
(2) To assist in the conservation and protection of
neotropical migratory birds by supporting conservation
initiatives in Canada, Latin America, and the Caribbean.
(3) To provide financial resources and to foster
international cooperation for those initiatives.
SEC. 4. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the Neotropical
Migratory Bird Conservation Account established by section
9(a).
(2) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to bring a species of
neotropical migratory bird to the point at which there are
sufficient populations in the wild to ensure the long-term
viability of the species, including--
(A) protection and management of neotropical
migratory bird populations;
(B) maintenance, management, protection, and
restoration of neotropical migratory bird habitat;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. FINANCIAL ASSISTANCE.
(a) In General.--The Secretary shall establish a program to provide
financial assistance for projects outside of the United States to
promote the conservation of neotropical migratory birds.
(b) Project Applicants.--A project proposal may be submitted by--
(1) an individual, corporation, partnership, trust,
association, or other private entity;
(2) an officer, employee, agent, department, or
instrumentality of the Federal Government, of any State,
municipality, or political subdivision of a State, or of any
foreign government;
(3) a State, municipality, or political subdivision of a
State;
(4) any other entity subject to the jurisdiction of the
United States or of any foreign country; and
(5) an international organization (as defined in section 1
of the International Organizations Immunities Act (22 U.S.C.
288)).
(c) Project Proposals.--To be considered for financial assistance
for a project under this Act, an applicant shall submit a project
proposal that--
(1) includes--
(A) the name of the individual responsible for the
project;
(B) a succinct statement of the purposes of the
organization that will conduct the project and of the
project;
(C) a description of the qualifications of
individuals conducting the project; and
(D) an estimate of the funds and time necessary to
complete the project, including sources and amounts of
matching funds;
(2) demonstrates that the project will enhance the
conservation of neotropical migratory bird species in Latin
America, the Caribbean, or the United States;
(3) includes mechanisms to ensure adequate local public
participation in project development and implementation;
(4) contains assurances that the project will be
implemented in consultation with relevant wildlife management
authorities and other appropriate government officials with
jurisdiction over the resources addressed by the project;
(5) demonstrates sensitivity to local historic and cultural
resources and complies with applicable laws;
(6) describes how the project will promote sustainable,
effective, long-term programs to conserve neotropical migratory
birds;
(7) provides any other information that the Secretary
considers to be necessary for evaluating the proposal; and
(8) provides assurances of the financial viability of the
applicant and the project by providing financial information to
prove the applicant's ability to complete the project.
(d) Project Reporting.--Each recipient of assistance for a project
under this Act shall submit to the Secretary such periodic reports as
the Secretary considers to be necessary. Each report shall include all
information required by the Secretary for evaluating the progress and
outcome of the project.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of each
project shall be not greater than 33 percent.
(2) Non-federal share.--
(A) Source.--The non-Federal share required to be
paid for a project shall not be derived from any
Federal grant program.
(B) Form of payment.--The non-Federal share of the
costs of a project carried out with assistance under
this Act may be paid in cash or in kind.
(f) Purchase of Land Only From Willing Sellers.--Amounts of
financial assistance provided under this Act shall not be used to
acquire any land or interest in land except from a willing seller.
SEC. 6. DUTIES OF THE SECRETARY.
In carrying out this Act, the Secretary shall--
(1) develop guidelines for the solicitation of proposals
for projects eligible for financial assistance under section 5;
(2) encourage submission of proposals for projects eligible
for financial assistance under section 5, particularly
proposals from relevant wildlife management authorities;
(3) select proposals for financial assistance that satisfy
the requirements of section 5, giving priority to proposals
that address conservation needs not adequately addressed by
existing efforts and that are supported by relevant wildlife
management authorities; and
(4) generally implement this Act in accordance with its
purposes.
SEC. 7. COOPERATION.
(a) In General.--In carrying out this Act, the Secretary shall--
(1) support and coordinate existing efforts to conserve
neotropical migratory bird species, through--
(A) facilitating meetings among persons involved in
such efforts;
(B) promoting the exchange of information among
such persons;
(C) developing and entering into agreements with
other Federal agencies, foreign, State, and local
governmental agencies, and nongovernmental
organizations; and
(D) conducting such other activities as the
Secretary considers to be appropriate; and
(2) coordinate activities and projects under this Act with
existing efforts in order to enhance conservation of
neotropical migratory bird species.
(b) Advisory Group.--
(1) In general.--The Secretary may establish an advisory
group in accordance with this subsection to advise the
Secretary regarding the implementation of this Act.
(2) Membership.--An advisory group established under this
subsection shall consist of individuals who represent public
and private organizations that are actively involved in the
conservation of neotropical migratory birds.
(3) Public participation.--
(A) Meetings.--An advisory group established under
this subsection shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting of the
advisory group, an opportunity for interested
persons to present oral or written statements
concerning items on the agenda for the meeting.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group.
(C) Minutes.--The Secretary shall keep and make
available to the public minutes of each meeting of the
advisory group.
(4) Exemption.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the establishment and activities of
an advisory group in accordance with this subsection.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2002, the Secretary shall submit to
Congress a report on the results and effectiveness of the program
carried out under this Act, including recommendations concerning how
the Act might be improved and whether the program should be continued
in the future.
SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund of the Treasury a separate account to be
known as the ``Neotropical Migratory Bird Conservation Account'', which
shall consist of amounts deposited into the Account by the Secretary of
the Treasury under subsection (b).
(b) Deposits Into the Account.--The Secretary of the Treasury shall
deposit into the Account--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Account.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Account, without further Act of
appropriation, to carry out this Act.
(2) Administrative expenses.--Of amounts in the Account
available for each fiscal year, the Secretary may expend not
more than 6 percent to pay the administrative expenses
necessary to carry out this Act.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to carry out this Act. Amounts received by the Secretary
in the form of donations shall be transferred to the Secretary of the
Treasury for deposit into the Account.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Account to carry out
this Act $8,000,000 for each of fiscal years 2000 through 2002, to
remain available until expended.
SEC. 11. PRIVATE PROPERTY.
Nothing in this Act shall place restrictions on commercial or
private use of private property in the United States, nor shall there
be any taking of private land in the United States under this Act. | Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds.
Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities; (2) Federal, State, or local government entities or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations.
Limits the Federal share of project costs to 33 percent. Prohibits amounts of financial assistance provided under this Act from being used to acquire any land or interest in land except from a willing seller.
Authorizes the Secretary to create an advisory group regarding this Act's implementation.
Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account.
Authorizes appropriations.
Prohibits: (1) anything under this Act from placing restrictions on commercial or private use of private property in the United States; and (2) any taking of private land in the United States under this Act. | {"src": "billsum_train", "title": "Neotropical Migratory Bird Conservation Act"} | 2,477 | 241 | 0.569845 | 1.553092 | 0.745321 | 4.649289 | 10.890995 | 0.914692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Energy Efficiency Act''.
SEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency improvement.--
(A) In general.--The term ``energy-efficiency
improvement'' means an installed measure (including a
product, equipment, system, service, or practice) that
results in a reduction in demand by a nonprofit
organization for energy or fuel supplied from outside
the nonprofit building.
(B) Inclusions.--The term ``energy-efficiency
improvement'' includes an installed measure described
in subparagraph (A) involving--
(i) repairing, replacing, or installing--
(I) a roof, electrical wiring,
plumbing, sewage, or lighting system,
or component of a roof, electrical
wiring, or system;
(II) a window;
(III) a door, including a security
door; or
(IV) a heating, ventilation, or air
conditioning system or component of the
system (including insulation);
(ii) a renewable energy generation or
heating system, including a solar,
photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of
the system; and
(iii) any other measure taken to modernize,
renovate, or repair a nonprofit building to
make the nonprofit building more energy
efficient.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building''
means a building operated and owned by a nonprofit
organization.
(B) Inclusions.--The term ``nonprofit building''
includes a building described in subparagraph (A) that
is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a house of worship; and
(vi) any other nonresidential and
noncommercial structure.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a pilot
program to award grants for the purpose of retrofitting nonprofit
buildings with energy-efficiency improvements.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section, the Secretary shall apply
performance-based criteria, which shall give priority to
applications based on--
(A) the cost-effectiveness of the energy-efficiency
improvement; and
(B) an effective plan for evaluation, measurement,
and verification of energy savings.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed--
(A) an amount equal to 50 percent of the energy-
efficiency improvement; and
(B) $200,000.
(5) Cost sharing.--
(A) In general.--A grant awarded under this section
shall be subject to a minimum non-Federal cost-sharing
requirement of 50 percent.
(B) In-kind contributions.--The non-Federal share
may be provided in the form of in-kind contributions of
materials or services.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2014 through 2017, to remain available until expended.
SEC. 3. OFFSET.
The Secretary of Energy shall use to carry out the pilot program
established under section 2 amounts otherwise made available to carry
out the Building Technologies Program. | Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2014-FY2017. Requires the Secretary to use amounts otherwise made available for the Building Technologies Program to carry out such pilot program. | {"src": "billsum_train", "title": "Nonprofit Energy Efficiency Act"} | 919 | 174 | 0.567424 | 1.428446 | 0.928159 | 3.901235 | 5.024691 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Advantage Bill of Rights
Act of 2015''.
SEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA
ORGANIZATIONS.
(a) Limitation.--Section 1852(d) of the Social Security Act (42
U.S.C. 1395w-22(d)) is amended by adding at the end the following:
``(7) Limitation on removal of providers from ma plans by
ma organizations.--
``(A) Removal of providers with cause.--Beginning
with plan year 2017, except as provided in subparagraph
(C), an MA organization offering an MA plan may only
remove a provider of services or a supplier from a
network of such plan if the organization has cause to
remove such provider or supplier.
``(B) Cause to remove providers.--
``(i) In general.--An MA organization
offering an MA plan has cause to remove a
provider of services or a supplier from a
network of such plan if the Secretary
determines that the provider or supplier is--
``(I) medically negligent;
``(II) in violation of any legal or
contractual requirement applicable to
the provider or supplier acting within
the lawful scope of practice, including
any participation or other requirement
applicable to such provider or supplier
under this title or under any
contractual term for such plan; or
``(III) otherwise unfit to furnish
items and services in accordance with
requirements of this title.
``(ii) Consideration of cost to ma
organizations.--For purposes of subparagraph
(A), cost to an MA organization offering an MA
plan due to the participation of a provider of
services or supplier in a network of such plan
does not constitute cause for the MA
organization to remove such provider or
supplier from the network mid-year, and such
cost may not be considered as a factor in favor
of a determination that such organization has
cause to remove the provider.
``(C) Exception.--With respect to each upcoming
plan year, beginning with plan year 2017, an MA
organization offering an MA plan may only remove a
provider of services or supplier from a network of such
plan for reasons not specified in subparagraph (B)(i)
before the date that is 60 days before the first day of
the annual coordinated election period for such plan
year under section 1851(e)(3).
``(D) Notice and appeal process.--
``(i) In general.--Any removal of a
provider of services or supplier from a network
of an MA plan may occur only after the
completion of a fair notice and appeal process
that the Secretary shall establish by
regulation. Such process shall require the MA
organization to provide to such provider or
supplier and to the Secretary an explanation of
the reason or reasons for the removal.
``(ii) Application.--
``(I) Application of new process.--
In the case of a removal of a provider
of services or supplier from a network
of an MA plan occurring on or after the
effective date published in a final
rule for such fair notice and appeal
process, such process shall apply in
lieu of the process for the termination
or suspension of a provider contract
under section 422.202(a) of title 42,
Code of Federal Regulations.
``(II) Continuation of old
process.--In the case of a removal of a
provider of services or supplier from a
network of an MA plan occurring before
such effective date, the process for
the termination or suspension of a
provider contract under section
422.202(a) of title 42, Code of Federal
Regulations, shall apply.
``(E) Participant notice and protection.--
``(i) Notice to participants of provider
removal.--Not less than 60 days before the date
on which a provider of services or supplier is
removed from a network of an MA plan, the MA
organization offering such plan shall provide
written notification of the removal to each
individual enrolled in such plan receiving
items or services from the provider or supplier
during the plan year in effect on the date of
removal or during the previous plan year. Such
notification shall include at the minimum--
``(I) the names and telephone
numbers of available in-network
providers of services and suppliers
offering items and services that are
the same or similar to the items and
services offered by the removed
provider or supplier;
``(II) information regarding the
options available to an individual
enrolled in such plan to request the
continuation of medical treatment or
therapy with the removed provider or
supplier; and
``(III) one or more customer
service telephone numbers that an
individual enrolled in such plan may
access to obtain information regarding
changes to the network of the plan.
``(ii) Annual notice of change.--In
addition to providing the notification of
removal as required under clause (i), the MA
organization offering such MA plan shall
include such notification in the annual notice
of change for the MA plan for the upcoming plan
year.
``(iii) Continuity of care.--In any case in
which a provider of services or supplier is
removed from a network of an MA plan, such plan
shall ensure that the removal satisfies the
continuity of care requirements under paragraph
(1)(A) with respect to each individual enrolled
in such plan receiving items or services from
the provider or supplier during the plan year
in effect on the date of removal or during the
previous plan year.
``(F) Rule of construction.--Nothing in this
paragraph shall be construed as affecting the ability
of a provider of services or supplier to decline to
participate in a network of an MA plan.
``(8) Transparency in measures used by ma organizations to
establish or modify provider networks.--
``(A) In general.--Beginning with plan year 2017,
an MA organization offering an MA plan shall include
the information described in subparagraph (B)--
``(i) in the annual bid information
submitted by the MA organization with respect
to the MA plan under section 1854; and
``(ii) on the Internet Web site for the MA
plan.
``(B) Information described.--The information
described in this subparagraph is the following:
``(i) Information regarding the measures
used by the MA organization to establish or
modify the provider network of the MA plan,
including measures of the quality and
efficiency of providers. Such information shall
include the specifications, methodology, and
sample size of such measures.
``(ii) Other information related to the
establishment or modification of such provider
network that the Secretary determines
appropriate.
``(C) Limitation.--The information described in
subparagraph (B) shall not include any individually
identifiable information of any provider or supplier of
services.''.
(b) Enforcement.--
(1) Sanctions for noncompliance.--Section 1857(g)(1) of the
Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'';
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J) the
following new subparagraph:
``(K) fails to comply with section 1852(d)(7) or
1852(d)(8); or''; and
(D) in subparagraph (L) (as so redesignated), by
striking ``through (J)'' and inserting ``through (K)''.
(2) Sanctions not applicable to part d.--Title XVIII of the
Social Security Act is amended--
(A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w-
112(b)(3)(E)), by striking ``paragraph (1)(F)'' and
inserting ``paragraphs (1)(F) and (1)(K)''; and
(B) in section 1894(e)(6)(B) (42 U.S.C.
1395eee(e)(6)(B)), by inserting ``(other than paragraph
(1)(K) of such section)'' after ``1857(g)(1)''.
(c) Medicare Advantage Plan Compare Tool.--Not later than one year
after the date of enactment of this Act, the Secretary of Health and
Human Services shall take such measures as are necessary to ensure that
the Medicare Advantage Compare Tool takes into account the preferences
and utilization needs of such individuals.
SEC. 3. NETWORK ADEQUACY.
(a) In General.--Section 1852(d) of the Social Security Act (42
U.S.C. 1395w-22(d)), as amended by section 2, is amended by adding at
the end the following:
``(9) Network adequacy requirements.--Beginning in plan
year 2017, notwithstanding any other provision of law, the
following shall apply:
``(A) Provider availability.--When establishing a
plan network, a Medicare Advantage organization
offering an MA plan shall, among other factors
determined by the Secretary, consider the following:
``(i) The anticipated enrollment in the
plan.
``(ii) The expected types of services
provided and utilization of services by
enrollees under the plan.
``(iii) The number and types of providers
needed to provide such services.
``(iv) The number of network providers who
are not accepting new patients.
``(v) The location of providers and
enrollees.
``(vi) The full time equivalent
availability of a provider to provide such
services.
``(B) Provision of care in a timely manner.--A
Medicare Advantage organization offering an MA plan
shall ensure that providers are able to provide
services in a timely manner, as defined by the
Secretary, under the plan.
``(C) Application of network access adequacy
standards.--In applying the network access adequacy
standards pursuant to paragraph (1), the Secretary
shall seek input from patient advocacy groups,
providers of services and suppliers, and MA plans under
this part.
``(D) Certification.--Each plan year, a Medicare
Advantage organization shall certify to the Secretary,
with respect to each MA plan offered by the
organization, that the providers, including specialists
and subspecialists, in the plan network are able to
provide the services required under the organization's
contract with the Secretary under section 1857 with
respect to the offering of such plan and to meet the
needs of the enrollees within the plan service area
during the year.
``(E) Annual reporting.--Each plan year, a Medicare
Advantage organization shall report to the Secretary
the following with respect to each MA plan offered by
the organization:
``(i) Average wait time.--The average wait
time for primary and specialty care for
enrollees under the plan.
``(ii) Utilization of out-of-network
providers.--The utilization of out-of-network
providers under the plan.
``(iii) Average cost per patient.--The
average annual spending per patient for primary
and specialty care for enrollees under the
plan.
``(F) Certification.--In advance of the annual,
coordinated election period under section 1851(e)(3), a
Medicare Advantage organization shall certify to the
Secretary the accuracy of provider directories for each
plan offered by the organization.
``(G) Network review.--The Secretary shall ensure
that the network of each MA plan offered by a Medicare
Advantage organization meets the network adequacy
guidelines established under this paragraph and under
section 422.112(a)(4) of title 42, Code of Federal
Regulations (or any successor regulation to such
section), at least once every 3 years or when a
material change in network occurs.''.
(b) Enforcement.--Section 1857(g)(1)(K) of the Social Security Act
(42 U.S.C. 1395w-27(g)(1)(K)), as added by section 2(b), is amended by
striking ``or 1852(d)(8)'' and inserting ``, 1852(d)(8), or
1852(d)(9)''. | Medicare Advantage Bill of Rights Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to establish limits on the removal of Medicare Advantage (MA) providers by MA organizations. Within 60 days before the first day of the annual coordinated election period for an MA plan, an MA organization may remove a provider from the plan only if the provider is: (1) medically negligent, (2) in violation of a legal or contractual requirement, or (3) otherwise unfit to furnish items and services as required. An MA organization may remove a provider from an MA plan only after the completion of a fair notice and appeal process. Additionally, the MA organization must: (1) provide written notification of the removal to each enrollee receiving items or services from the provider, and (2) ensure that the removal satisfies certain continuity of care requirements. The bill also establishes network adequacy requirements. Specifically, when establishing a plan network, an MA organization shall consider specified factors related to provider availability and the timely provision of care. Furthermore, an MA organization must annually certify to the Centers for Medicare & Medicaid Services that providers in each of its plan networks are able to provide services and meet enrollees' needs as required. Sanctions for noncompliance with the bill's requirements apply. | {"src": "billsum_train", "title": "Medicare Advantage Bill of Rights Act of 2015"} | 2,716 | 289 | 0.651845 | 1.936364 | 0.74159 | 2.876 | 9.696 | 0.916 |
SECTION 1. UNDERGROUND STORAGE TANKS IN INDIAN COUNTRY.
(a) Definitions.--Section 9001 of the Solid Waste Disposal Act (42
U.S.C. 6991) is amended by adding at the end the following new
paragraphs:
``(9) The term `Indian country' means--
``(A) all land within the limits of any Indian
reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent,
and including rights-of-way running through the
reservation;
``(B) all dependent Indian communities within the
borders of the United States, whether within the
original or subsequently acquired territory thereof and
whether within or without the limits of a State; and
``(C) all Indian allotments, the Indian titles to
which have not been extinguished, including rights-of-
way running through such allotments.
``(10) The term `Indian tribe' means any Indian tribe,
band, nation, pueblo, group, or community, including any Alaska
Native village, organization, or regional corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act, which is recognized by the Secretary of the
Interior and exercising governmental authority within Indian
country.''.
(b) Primary Enforcement Responsibilities of Indian Tribes.--
Subtitle I of the Solid Waste Disposal Act is amended by redesignating
section 9010 as section 9011 and by inserting after section 9009 the
following new section:
``SEC. 9010. INDIAN TRIBES.
``(a) General Authority.--Subject to the provisions of subsection
(b), the Administrator--
``(1) may delegate to Indian tribes described in subsection
(b) primary enforcement responsibility for programs and
projects under this subtitle in Indian country;
``(2) may provide Indian tribes grant and contract
assistance to carry out functions under this subtitle in Indian
country; and
``(3) may enter into cooperative agreements with Indian
tribes in carrying out this section.
``(b) Conditions.--The Administrator may make a delegation under
subsection (a)(1) to an Indian tribe only if--
``(1) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
``(2) the functions to be exercised by the Indian tribe
pertain to land and resources which are held by the Indian
tribe, held by United States in trust for the Indian tribe,
held by a member of the Indian tribe if such property interest
is subject to a trust restriction on alienation, or are
otherwise within Indian country; and
``(3) the Indian tribe is reasonably expected to be
capable, in the Administrator's judgment, of carrying out the
functions to be exercised in a manner consistent with the terms
and purposes of this subtitle and of all applicable
regulations.
``(c) EPA Regulations.--(1) The Administrator shall, not later than
12 months after the date of the enactment of this section, promulgate
final regulations that specify how Indian tribes may exercise primary
enforcement responsibility under this subtitle.
``(2) For any provision of this subtitle where the exercise of
primary enforcement responsibility by Indian tribes is inappropriate,
administratively infeasible, or otherwise inconsistent with the
purposes of this subtitle, the Administrator may include in the
regulations promulgated under this section means for the direct
implementation of such provision by the Environmental Protection Agency
in a manner that will achieve the purpose of the provision. Nothing in
this section shall be construed to allow Indian tribes to assume or
maintain primary enforcement responsibility for programs under this
subtitle in a manner less protective of human health and the
environment than such responsibility may be assumed or maintained by a
State. An Indian tribe shall not be required to exercise criminal
jurisdiction for purposes of complying with the preceding sentence.
``(d) Cost Share.--An Indian tribe shall not be required to pay any
portion of the cost of corrective actions undertaken by either the
Administrator or by the Indian tribe under a cooperative agreement if,
in the judgment of the Administrator, such requirement would impose an
undue burden on the Indian tribe or be inappropriate, administratively
infeasible, or otherwise inconsistent with the purposes of this
subtitle or the Federal trust responsibility to Indian tribes.
``(e) Cooperative Agreements.--In order to ensure the consistent
implementation of the requirements of this subtitle, an Indian tribe
and the State or States in which the lands of such Indian tribe are
located may enter into a cooperative agreement, subject to the review
and approval of the Administrator, to jointly plan and administer the
requirements of this subtitle in Indian country.
``(f) Study of Underground Storage Tanks Within Indian Country.--
(1) Not later than 12 months after the date of enactment of this
section, the Administrator shall complete a study and inventory of all
underground storage tanks located within Indian country. The study
shall include--
``(A) an assessment of the ages, types (including methods
of manufacture, coatings, protection systems, the compatibility
of the construction materials and the installation methods) and
locations (including the climate of the locations) of such
tanks;
``(B) soil conditions, water tables, and the hydrogeology
of the tank locations;
``(C) the relationship between the factors specified in
subparagraphs (A) and (B) and the likelihood of releases from
underground storage tanks;
``(D) the effectiveness and costs of inventory systems,
tank testing, and leak detection systems; and
``(E) such other factors as the Administrator deems
appropriate.
``(2) Upon completion of the study required by paragraph (1), the
Administrator, in cooperation with the Secretary of the Interior and
the Director of the Indian Health Service, shall submit to Congress a
report containing the findings of the study and recommendations for
addressing underground storage tanks within Indian country.
``(g) Tribal Leaking Underground Storage Tank Trust Fund.--(1) The
Administrator shall establish a Tribal Leaking Underground Storage Tank
Trust Fund (hereafter in this subsection referred to as the `trust
fund') and shall use such funds for payment of costs incurred for
corrective action within Indian country under this subtitle.
``(2) The trust fund shall consist of amounts deposited pursuant to
section 9508(c)(1)(B) of the Internal Revenue Code of 1986.
``(3) The Administrator may provide funds from the trust fund for
the reasonable costs of an Indian tribe's actions under a cooperative
agreement between the Administrator and such Indian tribe setting out
the corrective actions and enforcement activities to be taken by the
Indian tribe.
``(4) The Administrator shall allow an Indian tribe to recover from
the trust fund its reasonable costs incurred before the enactment of
this section for corrective and enforcement actions related to releases
into the environment from underground storage tanks located within
Indian country under its jurisdiction if--
``(A) the Indian tribe notified the Environmental
Protection Agency and Bureau of Indian Affairs of the release
from an underground storage tank; and
``(B) the Environmental Protection Agency and the Bureau of
Indian Affairs failed--
``(i) to require the owner or operator of the
underground storage tank to undertake corrective action
with respect to the release; or
``(ii) to undertake corrective action with respect
to such release when such action was necessary, in the
judgment of the Administrator, the Secretary of the
Interior, or the Indian tribe, to protect human health
and the environment.''.
(c) Appropriations.--(1) Section 2007(f)(1) of the Solid Waste
Disposal Act (42 U.S.C. 6916(f)(1)) is amended by adding at the end the
following: ``Not less than 1\1/2\ percent of the amount appropriated
under this paragraph shall be used by the Administrator to carry out
section 9010 of this Act (relating to the regulation of underground
storage tanks within Indian country).''.
(2) Section 2007(f)(2) of the Solid Waste Disposal Act (42 U.S.C.
6916(f)(2)) is amended by adding at the end the following: ``Not less
than 1\1/2\ percent of the amount appropriated under this paragraph
shall be used by the Administrator to make grants to Indian tribes for
purposes of assisting Indian tribes in the development and
implementation of approved tribal underground storage tank release
detection, prevention, and correction programs under subtitle I.''.
(d) Table of Contents.--The table of contents of the Solid Waste
Disposal Act, contained in section 1001 of such Act, is amended by
redesignating the item relating to section 9010 as 9011 and by
inserting after the item relating to section 9009 the following new
item:
``Sec. 9010. Indian tribes.''.
SEC. 2. SET ASIDE FOR TRIBAL LEAKING UNDERGROUND STORAGE TANK TRUST
FUND.
Section 9508(c)(1) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``Except as provided'' and inserting the
following:
``(A) Purposes.--Except as provided''; and
(2) by adding at the end the following new subparagraph:
``(B) Set aside for indian tribes.--Notwithstanding
any other provision of law, for each of the fiscal
years 1995 through 1999, the Secretary shall deposit an
amount equal to not less than 3 percent of the amounts
made available to States pursuant to subparagraph (A)
in the Tribal Leaking Underground Storage Tank Trust
Fund to be administered by the Administrator of the
Environmental Protection Agency. Such amounts shall be
used only by Indian tribes (as defined in section
9001(10) of the Solid Waste Disposal Act) to carry out
the purposes referred to in subsection 9010(g) of the
Solid Waste Disposal Act.''. | Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) delegate primary enforcement authority for programs under such Act to qualifying Indian tribes; (2) provide grant and contract assistance to, and enter into cooperative agreements with, tribes to carry out such Act.
Directs the Administrator to: (1) study and inventory all underground storage tanks within Indian country; and (2) establish a Tribal Leaking Underground Storage Tank Trust Fund.
Obligates specified funds for regulation of such underground storage tanks.
Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for the Tribal Leaking Underground Storage Tank Trust Fund. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to enable Indian tribes to enforce provisions of the Act relating to leaking underground storage tanks on Indian lands, and for other purposes."} | 2,145 | 152 | 0.57309 | 1.45956 | 0.754957 | 3.104895 | 13.902098 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Junk Fax Prevention Act of 2005''.
SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
ADVERTISEMENTS.
(a) Prohibition.--Section 227(b)(1)(C) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows:
``(C) to use any telephone facsimile machine, computer, or
other device to send, to a telephone facsimile machine, an
unsolicited advertisement, unless--
``(i) the unsolicited advertisement is from a sender
with an established business relationship with the
recipient;
``(ii) the sender obtained the number of the telephone
facsimile machine through--
``(I) the voluntary communication of such number,
within the context of such established business
relationship, from the recipient of the unsolicited
advertisement, or
``(II) a directory, advertisement, or site on the
Internet to which the recipient voluntarily agreed to
make available its facsimile number for public
distribution,
except that this clause shall not apply in the case of an
unsolicited advertisement that is sent based on an
established business relationship with the recipient that
was in existence before the date of enactment of the Junk
Fax Prevention Act of 2005 if the sender possessed the
facsimile machine number of the recipient before such date
of enactment; and
``(iii) the unsolicited advertisement contains a notice
meeting the requirements under paragraph (2)(D),
except that the exception under clauses (i) and (ii) shall not
apply with respect to an unsolicited advertisement sent to a
telephone facsimile machine by a sender to whom a request has
been made not to send future unsolicited advertisements to such
telephone facsimile machine that complies with the requirements
under paragraph (2)(E); or''.
(b) Definition of Established Business Relationship.--Section
227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is
amended--
(1) by redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The term `established business relationship', for
purposes only of subsection (b)(1)(C)(i), shall have the meaning
given the term in section 64.1200 of title 47, Code of Federal
Regulations, as in effect on January 1, 2003, except that--
``(A) such term shall include a relationship between a
person or entity and a business subscriber subject to the same
terms applicable under such section to a relationship between a
person or entity and a residential subscriber; and
``(B) an established business relationship shall be subject
to any time limitation established pursuant to paragraph
(2)(G)).''.
(c) Required Notice of Opt-Out Opportunity.--Section 227(b)(2) of
the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(D) shall provide that a notice contained in an
unsolicited advertisement complies with the requirements under
this subparagraph only if--
``(i) the notice is clear and conspicuous and on the
first page of the unsolicited advertisement;
``(ii) the notice states that the recipient may make a
request to the sender of the unsolicited advertisement not
to send any future unsolicited advertisements to a
telephone facsimile machine or machines and that failure to
comply, within the shortest reasonable time, as determined
by the Commission, with such a request meeting the
requirements under subparagraph (E) is unlawful;
``(iii) the notice sets forth the requirements for a
request under subparagraph (E);
``(iv) the notice includes--
``(I) a domestic contact telephone and facsimile
machine number for the recipient to transmit such a
request to the sender; and
``(II) a cost-free mechanism for a recipient to
transmit a request pursuant to such notice to the
sender of the unsolicited advertisement; the Commission
shall by rule require the sender to provide such a
mechanism and may, in the discretion of the Commission
and subject to such conditions as the Commission may
prescribe, exempt certain classes of small business
senders, but only if the Commission determines that the
costs to such class are unduly burdensome given the
revenues generated by such small businesses;
``(v) the telephone and facsimile machine numbers and
the cost-free mechanism set forth pursuant to clause (iv)
permit an individual or business to make such a request at
any time on any day of the week; and
``(vi) the notice complies with the requirements of
subsection (d);''.
(d) Request To Opt-Out of Future Unsolicited Advertisements.--
Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C.
227(b)(2)), as amended by subsection (c), is further amended by adding
at the end the following:
``(E) shall provide, by rule, that a request not to send
future unsolicited advertisements to a telephone facsimile
machine complies with the requirements under this subparagraph
only if--
``(i) the request identifies the telephone number or
numbers of the telephone facsimile machine or machines to
which the request relates;
``(ii) the request is made to the telephone or
facsimile number of the sender of such an unsolicited
advertisement provided pursuant to subparagraph (D)(iv) or
by any other method of communication as determined by the
Commission; and
``(iii) the person making the request has not,
subsequent to such request, provided express invitation or
permission to the sender, in writing or otherwise, to send
such advertisements to such person at such telephone
facsimile machine;''.
(e) Authority To Establish Nonprofit Exception.--Section 227(b)(2)
of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by
subsections (c) and (d), is further amended by adding at the end the
following:
``(F) may, in the discretion of the Commission and subject
to such conditions as the Commission may prescribe, allow
professional or trade associations that are tax-exempt
nonprofit organizations to send unsolicited advertisements to
their members in furtherance of the association's tax-exempt
purpose that do not contain the notice required by paragraph
(1)(C)(iii), except that the Commission may take action under
this subparagraph only--
``(i) by regulation issued after public notice and
opportunity for public comment; and
``(ii) if the Commission determines that such notice
required by paragraph (1)(C)(iii) is not necessary to
protect the ability of the members of such associations to
stop such associations from sending any future unsolicited
advertisements; and''.
(f) Authority To Establish Time Limit on Established Business
Relationship Exception.--Section 227(b)(2) of the Communications Act of
1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c), (d), and (e)
of this section, is further amended by adding at the end the following:
``(G)(i) may, consistent with clause (ii), limit the
duration of the existence of an established business
relationship, however, before establishing any such limits, the
Commission shall--
``(I) determine whether the existence of the exception
under paragraph (1)(C) relating to an established business
relationship has resulted in a significant number of
complaints to the Commission regarding the sending of
unsolicited advertisements to telephone facsimile machines;
``(II) determine whether a significant number of any
such complaints involve unsolicited advertisements that
were sent on the basis of an established business
relationship that was longer in duration than the
Commission believes is consistent with the reasonable
expectations of consumers;
``(III) evaluate the costs to senders of demonstrating
the existence of an established business relationship
within a specified period of time and the benefits to
recipients of establishing a limitation on such established
business relationship; and
``(IV) determine whether with respect to small
businesses, the costs would not be unduly burdensome; and
``(ii) may not commence a proceeding to determine whether
to limit the duration of the existence of an established
business relationship before the expiration of the 3-month
period that begins on the date of the enactment of the Junk Fax
Prevention Act of 2005.''.
(g) Unsolicited Advertisement.--Section 227(a)(5) of the
Communications Act of 1934, as so redesignated by subsection (b)(1), is
amended by inserting ``, in writing or otherwise'' before the period at
the end.
(h) Regulations.--Except as provided in section 227(b)(2)(G)(ii) of
the Communications Act of 1934 (as added by subsection (f)), not later
than 270 days after the date of enactment of this Act, the Federal
Communications Commission shall issue regulations to implement the
amendments made by this section.
SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following:
``(g) Junk Fax Enforcement Report.--The Commission shall submit an
annual report to Congress regarding the enforcement during the past
year of the provisions of this section relating to sending of
unsolicited advertisements to telephone facsimile machines, which
report shall include--
``(1) the number of complaints received by the Commission
during such year alleging that a consumer received an unsolicited
advertisement via telephone facsimile machine in violation of the
Commission's rules;
``(2) the number of citations issued by the Commission pursuant
to section 503 during the year to enforce any law, regulation, or
policy relating to sending of unsolicited advertisements to
telephone facsimile machines;
``(3) the number of notices of apparent liability issued by the
Commission pursuant to section 503 during the year to enforce any
law, regulation, or policy relating to sending of unsolicited
advertisements to telephone facsimile machines;
``(4) for each notice referred to in paragraph (3)--
``(A) the amount of the proposed forfeiture penalty
involved;
``(B) the person to whom the notice was issued;
``(C) the length of time between the date on which the
complaint was filed and the date on which the notice was
issued; and
``(D) the status of the proceeding;
``(5) the number of final orders imposing forfeiture penalties
issued pursuant to section 503 during the year to enforce any law,
regulation, or policy relating to sending of unsolicited
advertisements to telephone facsimile machines;
``(6) for each forfeiture order referred to in paragraph (5)--
``(A) the amount of the penalty imposed by the order;
``(B) the person to whom the order was issued;
``(C) whether the forfeiture penalty has been paid; and
``(D) the amount paid;
``(7) for each case in which a person has failed to pay a
forfeiture penalty imposed by such a final order, whether the
Commission referred such matter for recovery of the penalty; and
``(8) for each case in which the Commission referred such an
order for recovery--
``(A) the number of days from the date the Commission
issued such order to the date of such referral;
``(B) whether an action has been commenced to recover the
penalty, and if so, the number of days from the date the
Commission referred such order for recovery to the date of such
commencement; and
``(C) whether the recovery action resulted in collection of
any amount, and if so, the amount collected.''.
SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.
(a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which study shall determine--
(1) the mechanisms established by the Commission to receive,
investigate, and respond to such complaints;
(2) the level of enforcement success achieved by the Commission
regarding such complaints;
(3) whether complainants to the Commission are adequately
informed by the Commission of the responses to their complaints;
and
(4) whether additional enforcement measures are necessary to
protect consumers, including recommendations regarding such
additional enforcement measures.
(b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under subsection (a)(4), the
Comptroller General shall specifically examine--
(1) the adequacy of existing statutory enforcement actions
available to the Commission;
(2) the adequacy of existing statutory enforcement actions and
remedies available to consumers;
(3) the impact of existing statutory enforcement remedies on
senders of facsimiles;
(4) whether increasing the amount of financial penalties is
warranted to achieve greater deterrent effect; and
(5) whether establishing penalties and enforcement actions for
repeat violators or abusive violations similar to those established
under section 1037 of title 18, United States Code, would have a
greater deterrent effect.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit a report on the results
of the study under this section to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Junk Fax Prevention Act of 2005 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.
Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.
Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines. | {"src": "billsum_train", "title": "A bill to amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition on junk fax transmissions."} | 3,170 | 396 | 0.690868 | 2.191247 | 0.784074 | 2.686782 | 8.155172 | 0.939655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Infrastructure for Clean Water
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many water resources in the United States are
declining, particularly in urban areas.
(2) This decline of water resources is the result of an
increase in population, water consumption, and impermeable
surfaces, as well as the negative effects of urbanization,
commercial and industrial activities, and climate change.
(3) An October 2008 study by the National Research Council
found that some of the benefits of green infrastructure include
increased water supplies, the creation of green jobs, cost
savings, and a reduction of stormwater runoff, surface water
discharge, stormwater pollution, and stormwater flows.
SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE.
(a) Establishment of Centers.--
(1) In general.--The Administrator shall make grants on a
competitive basis to eligible institutions to establish and
maintain not fewer than 3 and not more than 5 centers of
excellence for green infrastructure, located throughout the
United States.
(2) General operation.--Each center shall--
(A) conduct research on green infrastructure that
is relevant to the geographic region in which the
center is located, including stormwater and sewer
overflow reduction, other approaches to water resource
enhancement, and other environmental, economic, and
social benefits;
(B) develop manuals and set industry standards on
best management practices relating to State, local, and
commercial green infrastructure for use by State and
local governments and the private sector;
(C) provide information about research conducted
under subparagraph (A) and manuals produced under
subparagraph (B) to the national electronic
clearinghouse center for publication on the Web site
created pursuant to subsection (c) to inform the
Federal Government and State and local governments and
the private sector about green infrastructure;
(D) provide technical assistance to State and local
governments to assist with green infrastructure
projects;
(E) collaborate with institutions of higher
education and private and public organizations in the
geographic region in which the center is located on
green infrastructure research and technical assistance
projects;
(F) assist institutions of higher education,
secondary schools, and vocational schools to develop
green infrastructure curricula;
(G) provide training about green infrastructure to
institutions of higher education and professional
schools;
(H) evaluate regulatory and policy issues about
green infrastructure; and
(I) coordinate with the other centers to avoid
duplication of efforts.
(b) Application.--To be eligible to receive a grant under this
section, an eligible institution shall prepare and submit to the
Administrator an application at such a time, in such form, and
containing such information and assurances as the Administrator may
require.
(c) National Electronic Clearinghouse Center.--One of the centers
established under section (a)(1) shall be designated and known as the
``national electronic clearinghouse center'' and shall, in addition to
its other functions--
(1) develop, operate, and maintain a Web site and a public
database, containing information relating to green
infrastructure; and
(2) post information from the centers to the Web site.
SEC. 4. GREEN INFRASTRUCTURE GRANTS.
(a) Grant Authority.--The Administrator shall make grants on a
competitive basis to eligible entities to carry out green
infrastructure projects in accordance with this section.
(b) Green Infrastructure Projects.--
(1) Planning and development grants.--The Administrator may
make planning and development grants under this section for the
following projects:
(A) Planning and designing green infrastructure
projects, including engineering surveys, landscape
plans, and implementation plans.
(B) Identifying and developing standards and
revisions to local zoning, building, or other local
codes necessary to accommodate green infrastructure
projects.
(C) Identifying and developing fee structures to
provide financial support for design, installation, and
operations and maintenance of green infrastructure.
(D) Developing training and educational materials
about green infrastructure for distribution to both
those with applicable technical knowledge and the
public in general.
(E) Developing a green infrastructure portfolio
standard program described in section 5(e).
(2) Implementation grants.--The Administrator may make
implementation grants under this section for the following
projects:
(A) Installing green infrastructure.
(B) Monitoring and evaluating the environmental,
economic, or social benefits of green infrastructure.
(C) Implementing a best practices standard for a
green infrastructure program.
(D) Implementing a green infrastructure portfolio
standard program described in section 5(e).
(c) Application.--Except as otherwise provided, to be eligible to
receive a grant under this section, an eligible entity shall prepare
and submit to the Administrator an application at such time, in such
form, and containing such information and assurances as the
Administrator may require, that includes, where applicable--
(1) a description of the green infrastructure project;
(2) a plan for monitoring the impacts of the green
infrastructure project on the water quality and quantity;
(3) an evaluation of other environmental, economic, or
social benefits of the green infrastructure project; and
(4) a plan for the long-term operation and maintenance of
the green infrastructure project.
(d) Additional Requirement for Green Infrastructure Portfolio
Standard Project.--A State applying for a grant for a green
infrastructure portfolio standard program described in section 5(e)
shall prepare and submit a schedule of increasing minimum percentages
of the annual water to be managed using green infrastructure under the
program.
(e) Priority.--In making grants under this section, the
Administrator shall give priority to applications--
(1) submitted from a community--
(A) that--
(i) has combined storm and sanitary sewers
in its collection system; or
(ii) is low-income or disadvantaged as
determined by the Administrator; or
(2) submitted from an eligible entity that will use 10
percent of the grant provided for a low-income or disadvantaged
community as determined by the Administrator.
(f) Grant Limitation.--
(1) Planning and development grant.--The Administrator may
not make a planning and development grant under this section in
an amount that exceeds $200,000. The Administrator may not make
planning and development grants of more than $100,000,000, in
the aggregate, in each fiscal year.
(2) Implementation grant.--The Administrator may not make
an implementation grant under this section in an amount that
exceeds $3,000,000. The Administrator may not make
implementation grants of more than $200,000,000, in the
aggregate, in each fiscal year.
(g) Federal Share.--
(1) In general.--Except as provided under paragraph (3),
the Federal share of a grant provided under this section may
not exceed 65 percent of the total project cost.
(2) Credit for implementation grant.--The Administrator
shall credit toward the non-Federal share of the cost of an
implementation project carried out under this section the cost
of planning, design, and construction work completed for the
project with funds other than funds provided under this Act.
(3) Exception.--The Administrator may waive the Federal
share limitation under paragraph (1) for an eligible entity
that has adequately demonstrated financial need.
SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM.
(a) Establishment.--The Administrator shall establish within the
Office of Water of the Agency a green infrastructure program, the
purpose of which is to coordinate and promote the use of green
infrastructure and to integrate green infrastructure into permitting
programs.
(b) Duties.--The Administrator shall carry out the green
infrastructure program by--
(1) promoting the use of green infrastructure in the
programs of the Agency; and
(2) coordinating efforts to increase the use of green
infrastructure with other Federal agencies, State and local
governments, and the private sector.
(c) Regional Implementation of Green Infrastructure Program.--The
Administrator shall direct each regional office of the Agency to
develop a program to promote and integrate the use of green
infrastructure within the region that includes--
(1) a plan for monitoring, financing, and designing the
green infrastructure;
(2) outreach and training on green infrastructure
implementation for State and local governments and the private
sector; and
(3) the incorporation of green infrastructure into
permitting and other regulatory programs, codes, and ordinance
development, including the requirements under consent decrees
and settlement agreements in enforcement actions.
(d) Green Infrastructure Compliance Assistance Center.--The
Administrator shall create a compliance assistance center, including a
Web site, to share information with and provide technical assistance to
State and local governments, the private sector, and the public about
green infrastructure approaches to reducing water pollution, protecting
water resources, complying with regulatory requirements, and achieving
other environmental, public health, and community goals.
(e) Green Infrastructure Portfolio Standard.--The Administrator, in
collaboration with State and local water resource managers, shall
establish measurable goals, to be known as the ``green infrastructure
portfolio standard'', to increase the percentage of annual water
managed by eligible entities that uses green infrastructure.
SEC. 6. REPORT TO CONGRESS.
Before the end of fiscal year 2014, the Administrator shall submit
to Congress a report that includes the following:
(1) A description of all grants made under this Act and a
detailed description of the projects supported and their
outcomes.
(2) A description of the improvements in technology,
environmental benefits, resources conserved, efficiencies, and
other benefits of the projects funded under this Act.
(3) Recommendations on improvements to promote and support
green infrastructure for the centers, grants, and programs
under this Act.
(4) A description of the existing challenges concerning the
use of green infrastructure.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(3) Center.--The term ``center'' means a center of
excellence for green infrastructure established under section
3(a).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government; or
(B) a local, regional, or other entity that manages
stormwater, water resources, or waste water resources.
(5) Eligible institution.--
(A) In general.--The term ``eligible institution''
means an institution of higher education, or a research
institution, that has demonstrated excellence in green
infrastructure by--
(i) conducting research on green
infrastructure to determine how it reduces
municipal stormwater runoff, enhances and
protects drinking water sources, and improves
water quality;
(ii) developing and disseminating
information about how an organization can use
green infrastructure;
(iii) providing technical assistance to an
organization for a green infrastructure
project;
(iv) developing best practices standards
for green infrastructure;
(v) providing job training in green
infrastructure;
(vi) developing course curricula for
elementary schools, secondary schools,
institutions of higher education, and
vocational schools;
(vii) training students in green
infrastructure; or
(viii) providing information to the Federal
Government or State and local governments about
the implementation of green infrastructure.
(B) Additional definitions.--For purposes of
subparagraph (A):
(i) Elementary school.--The term
``elementary school'' has the meaning given
that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801).
(ii) Institution of higher education.--The
term ``institution of higher education'' has
the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
(iii) Research institution.--The term
``research institution'' means an entity that
is--
(I) described in section 501(c)(3)
of the Internal Revenue Code of 1986;
(II) exempt from tax under section
501(a) of the Internal Revenue Code of
1986; and
(III) organized and operated for
research purposes.
(iv) Secondary school.--The term
``secondary school'' has the meaning given that
term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Green infrastructure.--The term ``green
infrastructure''--
(A) means any stormwater management technique that
preserves, restores, enhances, or mimics natural
hydrology;
(B) includes methods that promote absorption,
uptake, percolation, evapotranspiration, and filtration
by soil and plant life; or
(C) includes the preservation or restoration of--
(i) natural topography, including hills,
plains, ravines, and shorelines;
(ii) ecology, including forests,
grasslands, and deserts;
(iii) bodies of water, including lakes,
flood plains, headwaters, and wetlands; and
(iv) native soil characteristics of
composition, structure, and transmissivity.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or
possession of the United States.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Centers of Excellence for Green Infrastructure.--There is
authorized to be appropriated to carry out section 3, $25,000,000 for
each of fiscal years 2011 through 2014.
(b) Green Infrastructure Grants.--There is authorized to be
appropriated to carry out section 4, $300,000,000 for each of fiscal
years 2011 through 2014.
(c) Environmental Protection Agency Green Infrastructure Program.--
There is authorized to be appropriated to carry out section 5,
$25,000,000 for each of fiscal years 2011 through 2014. | Green Infrastructure for Clean Water Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to make competitive grants to eligible higher education institutions and research institutions to establish and maintain between three and five centers of excellence for green infrastructure. Defines "green infrastructure" as a stormwater management technique that preserves, restores, enhances, or mimics natural hydrology.
Establishes the duties of each center, including: (1) researching green infrastructure; (2) developing manuals and setting industry standards on best management practices relating to state, local, and commercial green infrastructure; (3) providing information about its research and manuals to the national electronic clearinghouse center; (4) providing technical assistance and training on green infrastructure; and (5) evaluating regulatory and policy issues about green infrastructure.
Requires one of the centers to be designated as the national electronic clearinghouse center, which shall, in addition to its other duties, operate a website and a public database on green infrastructure.
Requires the Administrator to make competitive grants to eligible entities that manage stormwater, water resources, or waste water resources to: (1) plan and design and install green infrastructure projects; (2) develop standards and revisions to local zoning, building, or other local codes necessary to accommodate such projects; (3) develop fee structures to provide financial support for green infrastructure; (4) develop training and educational materials about green infrastructure; (5) develop and implement a green infrastructure portfolio standard program; (6) monitor and evaluate the environmental, economic, or social benefits of green infrastructure; and (7) implement a best practices standard for a green infrastructure program. Requires the Administrator to give priority to applications from: (1) a community that has combined storm and sanitary sewers in its collection system or is low-income or disadvantaged; or (2) an eligible entity that will use 10% of the grant for a low-income or disadvantaged community.
Requires the Administrator to: (1) establish within EPA's Office of Water a green infrastructure program to coordinate and promote the use of green infrastructure and to integrate green infrastructure into the permitting programs; (2) direct each EPA regional office to develop a program to promote and integrate the use of green infrastructure within the region; (3) create a green infrastructure compliance assistance center; and (4) establish measurable goals, to be known as the green infrastructure portfolio standard, to increase the percentage of annual water managed by eligible entities that uses green infrastructure. | {"src": "billsum_train", "title": "To establish centers of excellence for green infrastructure, and for other purposes."} | 2,971 | 509 | 0.6956 | 2.37613 | 0.962546 | 4.098563 | 5.87269 | 0.940452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Infrastructure Banks for
Schools Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1996 study conducted by the American
School & University, $10.42 billion was spent to address the
Nation's education infrastructure needs in 1995, with the
average total cost of a new high school at $15.4 million.
(2) According to a 1995 report to Congress by the General
Accounting Office, an estimated $112 billion in school repair,
modernization, expansion, and construction is needed.
(3) Approximately 14 million American students attend
schools which report the need for extensive repair or
replacement of one or more buildings.
(4) Academic research has proven a direct correlation
between the condition of school facilities and student
achievement. At Georgetown University, researchers found that
students assigned to schools in poor conditions can be expected
to fall 10.9 percentage points behind those in buildings in
excellent condition. Similar studies have demonstrated up to a
20 percent improvement in test scores when students were moved
from a poor facility to a new facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21.3 million students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
and secondary schools require the concerted efforts of all
levels of government and all sectors of the community.
(8) The United States's competitive position within the
world economy is vulnerable if America's future workforce
continues to be educated in schools not equipped for the 21st
century.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans to local educational agencies for building or
repairing elementary or secondary schools which provide free
public education (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)).
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local educational agencies. Each bank
shall apply repayments of principal and interest on loans to the making
of additional loans. The Secretary shall take final action on an
application for a grant under this subsection within 90 days of the
date of the submittal of such application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and contributed
to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed.
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (5); and
(8) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans to a local educational agency in an
amount equal to all or part of the cost of carrying out a
project eligible for assistance under this section.
(2) Applications for loans.--An application to an
infrastructure bank by a local educational agency for a loan
shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote energy conservation; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan an infrastructure bank shall consider--
(A) the extent to which the local educational
agency involved lacks the fiscal capacity, including
the ability to raise funds through the full use of such
agency's bonding capacity and otherwise, to undertake
the project for which the loan would be used without
the loan;
(B) the threat that the condition of the physical
plant in the project poses to the safety and well-being
of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(e) Qualifying Projects.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(1) the construction of new elementary or secondary schools
to meet the needs imposed by enrollment growth;
(2) the repair or upgrading of classrooms or structures
related to academic learning, including the repair of leaking
roofs, crumbling walls, inadequate plumbing, poor ventilation
equipment, and inadequate heating or light equipment;
(3) an activity to increase physical safety at the
educational facility involved;
(4) an activity to enhance the educational facility
involved to provide access for students, teachers, and other
individuals with disabilities;
(5) an activity to address environmental hazards at the
educational facility involved, such as poor ventilation, indoor
air quality, or lighting;
(6) the provision of basic infrastructure that facilitates
educational technology, such as communications outlets,
electrical systems, power outlets, or a communication closet;
(7) work that will bring an educational facility into
conformity with the requirements of--
(A) environmental protection or health and safety
programs mandated by Federal, State, or local law if
such requirements were not in effect when the facility
was initially constructed; and
(B) hazardous waste disposal, treatment, and
storage requirements mandated by the Resource
Conservation and Recovery Act of 1976 or similar State
laws;
(8) work that will enable efficient use of available energy
resources, especially coal, solar power, and other renewable
energy resources; or
(9) work to detect, remove, or otherwise contain asbestos
hazards in educational facilities.
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 1998 through
2002, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $250,000,000 for fiscal year 1998 and for each of the
next 4 fiscal years. | State Infrastructure Banks for Schools Act of 1997 - Authorizes the Secretary of the Treasury to: (1) enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to local educational agencies (LEAs) for building or repairing elementary or secondary public schools; and (2) make initial capitalization grants to State and multistate infrastructure banks.
Sets forth: (1) conditions, including State contribution requirements, for States to meet in order to establish such infrastructure banks; (2) authorized forms of assistance to LEAs from such banks; (3) criteria for loans; and (4) qualifying projects. Declares that the contribution of Federal funds to an infrastructure bank shall not be construed as an obligation of the United States to any third party.
Directs the Secretary of the Treasury to review the financial condition of each infrastructure bank and report to the Congress.
Authorizes appropriations. | {"src": "billsum_train", "title": "State Infrastructure Banks for Schools Act of 1997"} | 2,186 | 188 | 0.508923 | 1.504497 | 1.059988 | 3.238889 | 12.044444 | 0.938889 |
sense of the congress
Section 1. It is the sense of the Congress that--
(1) while there have been massive governmental efforts and
expenditure of funds to complete the resolution of the thrift
crisis and despite improvement in the condition of most
segments of the thrift industry, there is a risk that the
structure of the deposit insurance funds since FIRREA could
undermine even the healthiest segments of the thrift industry
by impeding their ability to compete and precipitating another
costly crisis in that industry. The structural issues involve--
(a) the presence of two separate insurance funds,
the BIF and SAIF funds;
(b) the projected, substantial disparity in deposit
insurance premiums to be paid by BIF and SAIF members
and the potential for a competitive imbalance;
(c) the presence of a designated reserve ratio of
1.25 percent of insured deposits for BIF and SAIF
funds; and
(d) the effect which existing debt obligations have
on the ability of the SAIF fund to accumulate reserves
and to become fiscally sound.
(2) to ensure the continued availability of housing credit
and to avoid another costly crisis in the thrift industry as a
result of some of these structural impediments involving the
FIRREA-mandated separate fund concept, an Advisory Commission
shall be formed to advise the President and the Congress on the
viability of merging or maintaining the separation of the
deposit insurance funds and the impact of such action on the
health of the BIF and SAIF funds, the confidence of depositors
in the federal deposit insurance system, and the regulation of
and competitive balance between banks and thrifts.
establishment of an advisory commission
Sec. 2. There is hereby established an Advisory Commission to be
known as the Advisory Commission on BIF and SAIF funds (thereafter
referred to as the ``Advisory Commission'').
(a) Membership of the Advisory Commission.--
(1) Number and appointment.--The Advisory Commission shall
be composed of 7 members appointed no later than ninety days
after the date of the enactment of this Act. The members shall
be appointed as follows:
(A) Two citizens of the United States appointed by
the President.
(B) One citizen of the United States appointed by
the President pro tempore of the Senate upon the
recommendation of the majority leader of the Senate.
(C) One citizen of the United States appointed by
the President pro tempore of the Senate upon the
recommendation of the minority leader of the Senate.
(D) One citizen of the United States appointed by
the Speaker of the House upon the recommendation of the
majority leader of the House of Representatives.
(E) One citizen of the United States appointed by
the Speaker of the House upon the recommendation of the
minority leader of the House of Representatives.
(F) The Secretary of the Treasury or his designate.
(2) Additional qualifications.--
(A) In general.--Members of the Advisory Commission
who are appointed under any subparagraph of paragraph
(1) shall be appointed from among individuals who are
specially qualified to serve on the Advisory Commission
by virtue of their education, training, or experience.
(B) Limitation.--Of the total number of members of
the Advisory Commission who are described in
subparagraph (A), not more than one such member may be,
at the time of any such member's appointment and during
any such member's service on the Advisory Commission--
(i) a director, officer, or employee of any
savings association;
(ii) a director, officer, or employee of
any bank; or
(iii) a director, officer, employee or
agent of any consumer organization.
(3) Terms.--Members shall be appointed for the life of the
Advisory Commission.
(4) Chairperson.--The chairperson of the Advisory
Commission shall be the Secretary of the Treasury or his
designate.
(5) Quorum.--A majority of the members of the Advisory
Commission shall constitute a quorum for the transaction of
business.
(6) Voting.--Each member of the Advisory Commission shall
be entitled to 1 vote, which shall be equal to the vote of
every other member of the Advisory Commission.
(7) Vacancies.--No vacancy on the Advisory Commission shall
affect the powers of the Advisory Commission and any such
vacancy shall be filled in the manner in which the original
appointment was made.
(8) Compensation and expenses.--
(A) No basic pay.--Except as provided in
subparagraph (B), members of the Advisory Commission
shall receive no additional pay, allowances, or
benefits by reason of their service on the Advisory
Commission.
(B) Per diem and travel expenses.--Members of the
Advisory Commission who are appointed from among
private citizens of the United States may be allowed
travel expenses, including per diem, in lieu of
substance, as authorized by law for persons serving
intermittently in the government service to the extent
that funds are available for such purposes.
(9) Meetings.--The Advisory Commission shall meet at the
call of the Chairperson or a majority of the members.
(b) Functions of the Advisory Commission.--
(1) Contents and specific recommendations.--The Advisory
Commission shall conduct an investigation and evaluation of and
shall report and make recommendations on the future status of
the deposit insurance system.
(2) Issues to be considered.--Pursuant to its
responsibilities under this section the Advisory Commission
shall consider the following issues:
(A) An analysis of whether a deposit insurance
premium disparity between banks and thrifts is likely
and the competitive impact thereof.
(B) The practical justification for maintaining two
separate Federal deposit funds.
(C) The impact on the soundness of the Federal
deposit insurance system by the continuation of a
separate insurance fund for banks and savings
associations.
(D) Whether a merger of the Bank Insurance Fund and
Savings Association Insurance Fund can be accomplished
in a manner which is equitable and the legal and
structural impediments which need to be addressed in
such a merger.
(E) The timing of a merger of the two funds, should
such occur.
(F) Whether the designated ratio of reserves of
1.25 per centum of insured deposits, which must now be
held by each deposit insurance fund, is appropriate in
light of current and future needs and considerations.
(G) The impact of any remaining regulatory
differences between banks and thrifts on the soundness
of a merged fund.
(H) The impact of a fund merger on a consolidation
of the bank and thrift regulatory agencies.
(3) Final report.--
(A) Report required.--Not later than the end of the
one-year period beginning on the date of the enactment
of this Act, the Advisory Commission shall submit to
the President, the Committee on Banking, Finance and
Urban Affairs of the House of Representatives, and the
Committee on Banking, Housing and Urban Affairs of the
Senate, a final report which contains a detailed
statement of the findings and conclusions of the
Advisory Board, including such recommendations for
administrative and legislative action as the Advisory
Commission determines to be appropriate.
(B) Majority vote.--A recommendation may be made by
the Advisory Commission to the President and to the
Congress only if it is adopted by a majority of the
members of the Advisory Commission.
(C) Additional, dissenting, and supplemental
views.--The report required under subparagraph (A)
shall contain any additional, dissenting, or
supplemental views of any member of the Advisory
Commission.
(c) Powers of the Advisory Board.--
(1) Hearings.--The Advisory Commission may hold such
hearings and sit and act at such times and places as the
Advisory Commission may find advisable.
(2) Rules and regulations.--The Advisory Commission may
adopt such rules and regulations as may be necessary to
establish its procedures and to govern the manner of
operations, organizations, and personnel.
(3) Assistance from federal agencies.--
(A) Information.--The Advisory Commission may
request from the head of any Federal agency or
instrumentality such information as the Advisory
Commission may require for the purpose of this section.
Each such agency or instrumentality shall furnish such
information to the Advisory Commission upon request
made by the Chairperson of the Advisory Commission.
(B) Administrative support services and
personnel.--Upon request of the Chairperson of the
Advisory Commission, the head of any Federal agency or
instrumentality shall, to the extent possible and
subject to the discretion of such head--
(i) make any of the facilities and services
of such agency or instrumentality available to
the Advisory Commission; and
(ii) detail any of the personnel of such
agency or instrumentality to the Advisory
Commission, on a nonreimbursable basis, to
assist the Advisory Commission in carrying out
its duties under this section, except that any
expenses of the Advisory Commission incurred
under this clause shall be subject to the
limitation on total expenses set forth in
subsection (d)(2).
(4) Mails.--The Advisory Commission may use the United
States mails in the same manner and under the same conditions
as other Federal agencies.
(5) Contracting.--The Advisory Commission may, to such
extent and in such amounts as provided in advance in
appropriation Acts, enter into contracts with State agencies,
private firms, institutions, and individuals for the purpose of
conducting research or surveys necessary to enable the Advisory
Commission to discharge its duties under this section, subject
to the limitation on total expenses set forth in subsection
(d)(2).
(6) Staff.--
(A) In general.--Subject to such rules and
regulations as may be adopted by the Advisory
Commission and the limitation on total expenses set
forth in subsection (e)(2), the Chairperson of the
Advisory Commission may appoint, terminate, and fix the
compensation of an executive director and such
additional staff as the Chairperson deems advisable to
assist the Advisory Commission.
(B) Pay rates.--Individuals appointed under
subparagraph (A) may be paid at rates not to exceed a
rate equal to the maximum rate for GS-18 of the General
Schedule under section 5332 of title 5, United States
Code.
(C) Certain provisions of title 5, united states
code, not applicable.--Appointments may be made under
subparagraph (A) without regard to--
(i) provisions of title 5, United States
Code, concerning appointments in the
competitive service, and
(ii) provisions of chapter 51 and
subchapter III of chapter 53 of such title, or
of any other provision of law relating to
number, classification, and General Schedule
rates.
(7) Advisory committee.--The Advisory Commission shall be
considered an advisory committee under the Federal Advisory
Committee Act.
(d) Expenses of Advisory Board.--
(1) In general.--Any expense of the Advisory Commission
shall be paid from such funds as may be available to the
Secretary of the Treasury.
(2) Limitation.--The total expenses of the Advisory
Commission shall not exceed $500,000.
(3) GAO audit.--Prior to the termination of the Advisory
Commission pursuant to subsection (f), the Comptroller General
of the United States shall conduct an audit of the financial
books and records of the Advisory Commission to determine that
the limitation on expenses under paragraph (2) has not been
exceeded, and shall include its determination in an opinion to
be included in the report of the Advisory Commission.
(e) Termination of the Advisory Commission.--The Advisory
Commission shall cease to exist on the date that is thirty days after
the date on which the Advisory Commission submits the report required
under subsection (b)(3). | Expresses the sense of the Congress with respect to the continued availability of housing credit and the avoidance of a thrift industry crisis caused by specified structural impediments involving a separate fund concept mandated by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Establishes the Advisory Commission on BIF and SAIF Funds (Bank Insurance Fund and Savings Association Fund, respectively) to investigate and advise the President and the Congress on: (1) the viability of merging or maintaining the separation of the deposit insurance funds; and (2) the future status of the deposit insurance system. | {"src": "billsum_train", "title": "To authorize the President to establish an advisory commission to study the merger of the BIF and SAIF funds and the implications for the banking and thrift industries of such a merger."} | 2,493 | 126 | 0.648235 | 2.139024 | 0.559069 | 3.765766 | 21.144144 | 0.882883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerate Our Startups Act of
2014''.
SEC. 2. GRANTS FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
Add at the end of the Small Business Act (15 U.S.C. 631 et seq.)
the following:
``SEC. 48. GRANTS FOR NONPROFIT ORGANIZATIONS THAT SUPPORT STARTUP
BUSINESSES.
``(a) Grants.--The Administrator shall develop and implement,
beginning not later than one year after the date of the enactment of
this section, a grant program under this section for State and local
governmental and other nonprofit organizations that are located in the
United States and support startup businesses in the United States to
provide those organizations assistance to use for construction costs,
space acquisition, and programmatic purposes.
``(b) Requirement for Recipients.--A recipient of a grant under
this section must demonstrate to the satisfaction of the Administrator
that it will use the grant to provide assistance to at least 5 client
businesses per year that have been in business for less than 5 years.
``(c) Criteria for Grants.--The Administrator shall establish
criteria for grants under this section favoring recipients that provide
startups the following:
``(1) Office, manufacturing, or warehouse space, including
appropriate operations infrastructure.
``(2) Access to capital (either directly from the
organization or though guidance and contacts for acquiring
capital from outside investors), except that such capital may
not be made available from the grant funds (including by making
subgrants).
``(3) Access to professional services (either directly from
the organization or guidance and contacts for acquiring those
services) including accounting and legal services, except that
litigation expenses may not be made available from the grant
funds.
``(4) A formal structured mentorship or developmental
program that assists startups with building business skills and
competencies.
``(d) Considerations To Be Applied in Choosing Recipients.--In
determining whether or not to make a grant under this section to an
organization, the Administrator shall take into account the following:
``(1) If the organization is an existing organization, the
previous record of that organization, as measured by--
``(A) the number of participating client businesses
each of the previous 3 years, if applicable;
``(B) the number of businesses applying each of the
previous 3 years, if applicable;
``(C) the retention rate of client businesses;
``(D) the average duration of client business
participation in program; total, average, and median
capital raised by participation client businesses;
``(E) the total, average, and median number of
employees of participating client businesses; and
``(F) other metrics deemed appropriate by the
Administrator.
``(2) Promoting growth in underserviced geographic areas
with sufficient population density.
``(3) How experienced the entrepreneurial leadership of the
organization is.
``(4) The ability of the organization to utilize and
leverage local strengths, including human resources,
infrastructure, or educational institutions.
``(e) Requirement of Fee Paid by Participating Startups.--Each
recipient of a grant under this section shall require each
participating client business in the program assisted under this
section to pay, at minimum, a entry fee for participation in the
program.
``(f) Matching Public Funding Requirement.--The Small Business
Administration shall require as condition of grant under this section,
that the recipient obtain a grant from a local or State government for
the same purposes as a grant may be made under this section, to carry
out the program of the recipient assisted under this section. The
amount of that grant from a local or State government may not be less
than \1/2\ the amount received by that recipient under this section.
``(g) Matching Nonpublic Funding Requirement.--The Small Business
Administration shall require as condition of grant under this section,
that the recipient obtain nonpublic (defined as private or nonprofit)
funding for the same purposes as a grant may be made under this
section, to carry out the program of the recipient assisted under this
section. The amount of that funding from a nonpublic source may not be
less than \1/2\ the amount received by that recipient under this
section.
``(h) Consequences of Failure To Abide by Terms and Conditions of
Grant or Requirements of This Section.--Each recipient shall be
notified that failure to abide by the terms and conditions of the grant
or the requirements of this section may, in the discretion of the
Administrator and in addition to any other civil or criminal
consequences, result in recapture by the Administration of the grant
funds.
``(i) Annual Progress Reporting by Recipients of Grants.--Each
recipient of a grant under this section shall annually report to the
Administrator on the progress of the program assisted under this
section, including--
``(1) the number of participating client businesses each of
the previous 3 years, if applicable;
``(2) the number of businesses applying each of the
previous 3 years, if applicable;
``(3) the retention rate of client businesses;
``(4) the average duration of client business participation
in program;
``(5) the total, average, and median capital raised by
participation client businesses;
``(6) the total, average, and median number of employees of
participating client businesses; and
``(7) other metrics deemed appropriate by the
Administrator.
``(j) Report to Congress.--The Administrator shall report annually
to Congress the Administrator's assessment of the effectiveness of the
grant program under this section including the metrics listed in
subsection (i).
``(k) Coordination With Other Small Business Administration
Programs.--The Administrator shall take appropriate action to encourage
grantees under this section to utilize and incorporate Small Business
Administration programs, such as Small Business Development Centers;
Small Business Investment Companies, section 7(a) loans, and section
504 loans.
``(l) Listing on Website.--The Administrator shall include a list
of recipients of the grants under this section on the Small Business
Administration website.
``(m) Definition.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
``(n) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year
beginning with the first fiscal year that begins after the date of the
enactment of this Act and each of the succeeding 4 fiscal years.''. | Accelerate Our Startups Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to develop and implement a grant program for state and local governmental and other nonprofit organizations located in the United States that support startup businesses by providing assistance for construction costs, space acquisition, and programmatic purposes. Requires a grant recipient to: (1) demonstrate that it will use the grant to provide assistance to at least five client businesses per year that have been in business for less than five years, (2) require client businesses to pay an entry fee to participate in the program, and (3) submit annual progress reports. Directs the Administrator: (1) to establish grant criteria favoring recipients that provide startups with office, manufacturing, or warehouse space, access to capital and professional services, and a formal structured mentorship or developmental program that assists with building business skills and competencies; and (2) in determining whether to make a grant, to take into account promoting growth in underserviced areas with sufficient population density and the organization's entrepreneurial leadership experience, ability to utilize and leverage local strengths, and record with regard to client business participation. Directs the SBA to condition receipt of a grant under this Act on the recipient obtaining matching funding for the same purposes from a local or state government grant and nonpublic funding. | {"src": "billsum_train", "title": "Accelerate Our Startups Act of 2014"} | 1,439 | 280 | 0.69066 | 1.967269 | 0.846717 | 3.704981 | 5.252874 | 0.923372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Capital and Accounting
Standards Act of 2013''.
SEC. 2. LEVERAGE AND RISK-BASED CAPITAL REQUIREMENTS.
Subsection (b) of section 171 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5371(b)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Insurance companies.--
``(A) In general.--The minimum leverage capital
requirements and the minimum risk-based capital
requirements established under paragraphs (1) and (2)
shall, for depository institution holding companies and
nonbank financial companies supervised by the Board of
Governors that is an insurance company, or that has one
or more subsidiaries that are insurance companies--
``(i) with respect to the insurance
company, adhere to the regulatory accounting
practices and procedures applicable to, and the
capital structure of, such companies; and
``(ii) with respect to the insurance
company, utilize the governing State law
capital requirements for insurance companies.
``(B) Compliance with capital requirements under
state law.--
``(i) Presumption.--Any insurance company,
insurance affiliate, or insurance subsidiary in
compliance with applicable risk-based capital
standards established under State law shall be
presumed to satisfy any minimum capital
requirements of this section.
``(ii) Determination of board with respect
to presumption.--The Board of Governors may, on
a case-by-case basis on the record, determine
that the presumption in clause (i) should not
apply, provided that the Board first
establishes through rulemaking the general
procedures and standards to be utilized for
such proceedings.
``(iii) Effect of determination.--Where the
Board of Governors makes a determination under
clause (ii) that the presumption should not
apply to a company, the requirements of
subparagraphs (A), (C), and (D) remain
applicable in establishing capital rules for
such company.
``(C) Analysis of leverage and risk based capital
requirements.--No requirements under paragraph (1) and
(2) for a company described under subparagraph (A)
shall apply unless the Board--
``(i) carries out a cost-benefit analysis
of the application of those requirements
specific to a company described under
subparagraph (A), including soliciting and
reviewing public comment of the analysis prior
to any final rulemaking, and the Board of
Governors determines that the benefits of
applying the requirements outweigh the cost;
and
``(ii) carries out a quantitative impact
study of the application of those requirements
specific to a company described under
subparagraph (A), including soliciting and
reviewing public comment of the study prior to
any final rulemaking, and only apply the
requirements if the Board of Governors
determines that the study shows the
requirements are appropriate.
``(D) Rulemaking requirements.--Any rulemaking
implementing paragraphs (1) and (2) shall separately
incorporate and reflect the requirements provided for
under subparagraphs (A), (B), and (C).''.
SEC. 3. ACCOUNTING STANDARDS APPLICABLE TO INSURANCE COMPANIES.
Section 115 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5325) is amended by adding at the end the
following:
``(h) Accounting Standards Applicable to Insurance Companies.--With
respect to a nonbank financial company supervised by the Board of
Governors that is an insurance company, the Board of Governors may not
require the insurance company to comply with accounting standards,
including generally accepted accounting principles, that are different
than those regulatory accounting standards applicable to the insurance
company under applicable State law.''.
SEC. 4. SOLVENCY, CAPITAL, AND ACCOUNTING REQUIREMENTS FOR INSURANCE-
BASED SAVINGS AND LOAN HOLDING COMPANIES.
Section 10(g) of the Home Owners' Loan Act (12 U.S.C. 1467a(g)) is
amended by adding at the end the following:
``(6) Solvency, capital, and accounting requirements for
insurance-based savings and loan holding companies.--
``(A) In general.--Notwithstanding any other
provision of this section, in establishing capital
standards required for a savings and loan holding
company that is an insurance company or that has one or
more subsidiaries that are insurance companies, the
Board shall--
``(i) with respect to the insurance
company, adhere to the regulatory accounting
practices and procedures applicable to, and the
capital structure of, such company;
``(ii) with respect to the insurance
company, utilize the governing State law
capital requirements for insurers; and
``(iii) not require any insurance company
to comply with accounting standards, including
generally accepted accounting principles, that
are different than those accounting standards
the company is required to comply with by the
company's State regulator.
``(B) Compliance with capital requirements under
state law.--
``(i) Presumption.--Any insurance company,
insurance affiliate, or insurance subsidiary in
compliance with applicable risk-based capital
standards established under State law shall be
presumed to satisfy any capital requirements of
this Act.
``(ii) Determination of board with respect
to presumption.--The Board may, on a case-by-
case basis on the record, determine that the
presumption in clause (i) should not apply,
provided that the Board first establishes
through rulemaking the general procedures and
standards to be utilized for such proceedings.
``(iii) Effect of determination.--Where the
Board makes a determination under clause (ii)
that the presumption should not apply to a
company, the requirements of subparagraphs (A),
(C), and (D) remain applicable in establishing
capital rules for such company.
``(C) Analysis of capital requirements.--No capital
requirements under this Act for a company described
under subparagraph (A) shall apply unless the Board--
``(i) carries out a cost-benefit analysis
of the application of those requirements
specific to a company described under
subparagraph (A), including soliciting and
reviewing public comment of the analysis prior
to any final rulemaking, and the Board
determines that the benefits of applying the
requirements outweigh the cost; and
``(ii) carries out a quantitative impact
study of the application of those requirements
specific to a company described under
subparagraph (A), including soliciting and
reviewing public comment of the study prior to
any final rulemaking, and only apply the
requirements if the Board determines that the
study shows the requirements are appropriate.
``(D) Rulemaking requirements.--Any rulemaking
setting capital rules for companies described in
subparagraph (A) shall separately incorporate and
reflect the requirements provided for under
subparagraphs (A), (B), and (C).''.
SEC. 5. SOURCE OF STRENGTH.
Section 38A of the Federal Deposit Insurance Act (12 U.S.C. 1831o-
1) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Insurance Regulator Consent.--In cases involving a depository
institution holding company that is an insurance company or that has
one or more subsidiaries that are insurance companies, before the
appropriate Federal banking agency may require such insurance company
to be used directly or indirectly as a source of financial strength
pursuant to subsection (a) or (b), the appropriate Federal banking
agency shall obtain--
``(1) the consent of the insurance commissioner (or similar
official charged with the principal responsibility of
supervising the business of insurance within each State,
territory, or insular possession of the United States) of the
insurance company's domiciliary State; and
``(2) a certification from such commissioner that the
commissioner considered the safety and soundness of the
insurance company or subsidiary insurance company prior to
providing such consent.''. | Insurance Capital and Accounting Standards Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) and the Home Owners' Loan Act to make minimum leverage and risk-based capital requirements governing insurance companies under the state law also apply to insurance companies that are either depository holding companies or subsidiaries of depository holding companies. Presumes any insurance company, insurance affiliate, or insurance subsidiary in compliance with applicable risk-based capital standards under state law also to be in compliance with minimum capital requirements of Dodd-Frank. Declares inapplicable to such companies the minimum leverage and risk-based capital requirements of Dodd-Frank unless the Board of Governors of the Federal Reserve System (Board) first determines that: (1) the benefits of applying those requirements outweigh their cost, and (2) a quantitative impact study shows such requirements to be appropriate. Prohibits the Board from requiring a nonbank financial company that is an insurance company under its supervision to comply with accounting standards that differ from regulatory accounting standards under state law. Amends the Federal Deposit Insurance Act (FDIA) to require a federal banking agency, before requiring a depository institution holding company that is an insurance company (or that has one or more subsidiaries that are insurance companies) to be used directly or indirectly as a source of financial strength for a subsidiary depository institution, to first obtain: (1) the consent of the domiciliary state insurance commissioner, and (2) a certification that the commissioner considered the safety and soundness of the insurance company or subsidiary insurance company before providing such consent. | {"src": "billsum_train", "title": "Insurance Capital and Accounting Standards Act of 2013"} | 1,854 | 351 | 0.654643 | 2.101327 | 0.868982 | 3.960265 | 5.688742 | 0.933775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act of 2010''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'') (16 U.S.C. 431) is amended--
(1) by striking ``sec. 2. That the President'' and
inserting the following:
``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.
``(a) In General.--Subject to the requirements of this section, the
President'';
(2) by striking ``Provided, That when such objects are
situated upon'' and inserting the following:
``(b) Relinquishment of Private Claims.--In cases in which an
object described in subsection (a) is located on'';
(3) in subsection (a) (as designated by paragraph (1)), by
striking ``compatible with the proper care and mangagement of
the objects to be protected:'' and inserting ``necessary to
ensure the proper care and mangagement of the objects to be
protected.''; and
(4) by adding at the end the following:
``(c) Requirements for Designation of National Monuments.--
``(1) In general.--The President may not issue a
proclamation to designate a national monument under subsection
(a) before the date that is 30 days after the date on which the
President provides the proposed proclamation to--
``(A) Congress; and
``(B) the Governor of each State, the chief elected
official of each unit of local government, and the
governing entity of each tribal government with
jurisdiction over any parcel of land located within the
boundary of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (v),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
(referred to in this section as the
`Secretary') shall hold at least 1 public
hearing within a county or comparable unit of
local government, any part of which is located
within the boundary of the proposed national
monument.
``(ii) Notice.--Not later than 30 days
before a public hearing is to be held under
clause (i), the Secretary shall provide notice
of the hearing to the public, including by
publishing a notice in local newspapers and
sending a written notice to stakeholders of the
appropriate National Forest or Bureau of Land
Management district.
``(iii) Participation; comments.--The
Secretary shall--
``(I) ensure that all interested
individuals are afforded an opportunity
to participate in a hearing held under
clause (i);
``(II) solicit comments from the
public at the hearing; and
``(III) enter into the record all
comments received at, or related to,
the hearing.
``(iv) Availability of record.--
``(I) In general.--As soon as
practicable after the date of a hearing
held under clause (i), the Secretary
shall make the record of the hearing
(including a transcript of the hearing)
available to the public on the Internet
or by other electronic means.
``(II) Components.--The Secretary
shall ensure that any components of the
record of the hearing that are
completed before the entire record is
finalized are made available on
completion of each of the components.
``(v) Waiver.--The Secretary may decline to
hold a public hearing under clause (i) if each
unit of local government and tribal government
within the boundary of the proposed national
monument expressly waives the right to a
hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary shall initiate a notice and comment
period to receive comments from the public regarding
the proclamation.
``(C) Report.--
``(i) Contents.--Not later than 1 year
after the date on which the President issues a
proclamation designating a national monument
under subsection (a), the President shall
submit to Congress a report that includes--
``(I) an analysis of the economic
impact of the designation on the
communities within the boundary of the
national monument, including an
estimate of the tax revenues that would
be lost to, or gained by, the Federal
Government and State and local
governments as a result of the
designation;
``(II) an analysis of the impact
the designation would have on energy
security, including--
``(aa) an analysis of the
effects of the loss of sites to
produce wind, geothermal, or
solar energy; and
``(bb) an estimate of the
number of barrels of oil, tons
of coal, or cubic feet of
natural gas that would become
unavailable as a result of the
proclamation;
``(III) the projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundary of the
national monument (including water
rights, hunting, grazing, timber
production, vegetation manipulation to
maintain forest health, off-road
vehicle use, hiking, horseback riding,
and mineral and energy leases, claims,
and permits);
``(IV) the record of any hearings
held under subparagraph (A); and
``(V) any written comments received
during the notice and comment period
under subparagraph (B).
``(ii) Required coordination.--The
preparation of the report under clause (i)
shall be coordinated with the governing bodies
described in section 210 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1720).
``(iii) Publication.--The President shall
ensure that there is published on the White
House website--
``(I) during the period in which
the report prepared under clause (i) is
being compiled, each component of the
report that is completed, on completion
of the component; and
``(II) on submission of the report
to Congress, the completed report.
``(D) Implementation guidelines.--The Secretary, in
cooperation with the States, shall develop and publish
guidelines to provide for the implementation of this
paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective on the
date that is 2 years after the date on which the
President issued the proclamation, unless the
proclamation is approved by an Act of Congress on or
before the last day of that 2-year period.
``(B) Management of land before approval.--During
the period beginning on the date of issuance of a
proclamation under subsection (a) and the date of
approval of the proclamation under subparagraph (A),
the President shall ensure that any restriction placed
on land and interests, rights, or uses associated with
the parcels of land designated as a national monument
(including water rights, hunting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits) is
narrowly tailored and necessary for the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
the proclamation, and any restriction imposed as a
result of the proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective on the date that is 2 years after the
date of the issuance of the proclamation.
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).
``(d) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
necessary to ensure the proper care and management of the objects to be
protected.
``(e) Effect on Certain States.--Nothing in this section affects--
``(1) the limitations on designations in the State of
Alaska under section 906(j)(5) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1635(j)(5)); or
``(2) the limitations on designations in the State of
Wyoming under the proviso of the last sentence of the first
section of the Act of September 14, 1950 (64 Stat. 849, chapter
950; 16 U.S.C. 431a).''. | National Monument Designation Transparency and Accountability Act of 2010 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area necessary to ensure the proper care and management of the objects to be protected by the monument.
Sets forth requirements for the designation of national monuments under the Act.
Bars the President from issuing a proclamation to designate a national monument under this Act before the date that is 30 days after the date on which the proposed proclamation is provided by the President to Congress, the governor of each state, and specified local and tribal government officials having jurisdiction over any parcel of land within the boundary of the proposed monument.
Requires at least one public hearing and a notice and comment period after the issuance of a proclamation to designate a national monument.
Requires the President to report to Congress on any hearings held, any written comments received, and the impact of such designation on communities within the boundary of the monument, the nation's energy security, and interests, rights, and uses associated with the land within the monument.
Makes a proclamation ineffective two years after its issuance, unless it is approved by an Act of Congress. Bars the issuance of a proclamation by the President that is substantially similar to a previously issued proclamation that Congress did not approve within the two-year period. | {"src": "billsum_train", "title": "A bill to amend the Act of June 8, 1906, to require certain procedures for designating national monuments, and for other purposes."} | 2,010 | 311 | 0.660967 | 1.704222 | 0.761622 | 3.877863 | 7.171756 | 0.900763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential, Farm, Ranch, and Small
Business Wind Energy Systems Act of 2003'' or the ``Small Wind Energy
Systems Act of 2003''.
SEC. 2. CREDIT FOR RESIDENTIAL WIND ENERGY PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. RESIDENTIAL SMALL WIND ENERGY SYSTEMS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 30 percent of the qualified
wind energy property expenditures made by the taxpayer during such
year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) shall not exceed $1,000 for each kilowatt of capacity.
``(2) Safety certifications.--No credit shall be allowed
under this section for an item of property unless such property
meets appropriate fire and electric code requirements.
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.
``(d) Qualified Wind Energy Property Expenditure.--For purposes of
this section--
``(1) Qualified wind energy property expenditure defined.--
``(A) In general.--The term `qualified wind energy
property expenditure' means an expenditure for
qualified wind energy property installed on or in
connection with a dwelling unit located in the United
States and used as a residence by the taxpayer,
including all necessary installation fees and charges.
``(B) Qualified wind energy property.--The term
`qualified wind energy property' means a qualifying
wind turbine--
``(i) the original use of which commences
with the taxpayer, and
``(ii) which carries at least a 5-year
limited warranty covering defects in design,
material, or workmanship, and, for any
qualifying wind turbine that is not installed
by the taxpayer, at least a 5-year limited
warranty covering defects in installation.
``(C) Qualifying wind turbine.--The term
`qualifying wind turbine' means a wind turbine of 75
kilowatts of rated capacity or less which at the time
of manufacture and not more than one year from the date
of purchase meets the latest performance rating
standards published by the American Wind Energy
Association or the International Electrotechnical
Commission and which is used to generate electricity.
``(2) Labor costs.--Expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of qualified wind energy property and for piping
or wiring to interconnect such property to the dwelling unit or
to the local energy grid shall be taken into account for
purposes of this section.
``(3) Swimming pools, etc., used as storage medium.--
Expenditures which are properly allocable to a swimming pool,
hot tub, or any other energy storage medium which has a
function other than the function of storage shall not be taken
into account for purposes of this section.
``(e) Special Rules.--For purposes of this section--
``(1) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals the following shall apply:
``(A) The amount of the credit allowable, under
subsection (a) by reason of expenditures (as the case
may be) made during such calendar year by any of such
individuals with respect to such dwelling unit shall be
determined by treating all of such individuals as 1
taxpayer whose taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(2) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(3) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
the individual's proportionate share of any
expenditures of such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(4) Allocation in certain cases.--If less than 80 percent
of the use of a qualified wind energy property is for
nonbusiness purposes and for generation of energy to be sold to
others, only that portion of the expenditures for such property
which is properly allocable to use for nonbusiness purposes and
for generation of energy to be sold to others shall be taken
into account.
``(5) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to any
qualified wind energy property shall be treated as made
when the original installation of such property is
completed and the property has begun to be used to
generate energy.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(6) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(5)(C)).
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any qualified wind energy property, the increase in the basis of
such property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(g) Termination.--This section shall not apply to property
installed in taxable years beginning after December 31, 2008.''.
(b) Credit Allowed Against Regular Tax and Alternative Minimum
Tax.--
(1) In general.--Section 25C(b) of the Internal Revenue
Code of 1986, as added by subsection (a), is amended by adding
at the end the following new paragraph:
``(3) Limitation based on amount of tax.--The credit
allowed under subsection (a) for the taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.''.
(2) Conforming amendments.--
(A) Section 25C(c) of such Code, as added by
subsection (a), is amended by striking ``section 26(a)
for such taxable year reduced by the sum of the credits
allowable under this subpart (other than this
section)'' and inserting ``subsection (b)(3)''.
(B) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25C'' after ``this section''.
(C) Section 24(b)(3)(B) of such Code is amended by
striking ``23 and 25B'' and inserting ``23, 25B, and
25C''.
(D) Section 25(e)(1)(C) of such Code is amended by
inserting ``25C,'' after ``25B,''.
(E) Section 25B(g)(2) of such Code is amended by
striking ``section 23'' and inserting ``sections 23 and
25C''.
(F) Section 26(a)(1) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(G) Section 904(h) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(H) Section 1400C(d) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(c) Additional Conforming Amendments.--
(1) Section 23(c) of the Internal Revenue Code of 1986, as
in effect for taxable years beginning before January 1, 2004,
is amended by striking ``section 1400C'' and inserting
``sections 25C and 1400C''.
(2) Section 25(e)(1)(C) of such Code, as in effect for
taxable years beginning before January 1, 2004, is amended by
inserting ``, 25C,'' after ``sections 23''.
(3) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (27), by striking
the period at the end of paragraph (28) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(29) to the extent provided in section 25C(f), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(4) Section 1400C(d) of such Code, as in effect for taxable
years beginning before January 1, 2004, is amended by inserting
``and section 25C'' after ``this section''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Residential wind energy
property.''.
(d) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to expenditures
after December 31, 2002, in taxable years ending after such
date.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31, 2003.
SEC. 3. CREDIT FOR BUSINESS INSTALLATION OF SMALL WIND ENERGY PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (i), by adding ``or'' at the end
of clause (ii), and by inserting after clause (ii) the following new
clause:
``(iii) qualified wind energy property
installed before January 1, 2009,''.
(b) Qualified Wind Energy Property.--Subsection (a) of section 48
is amended by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) Qualified wind energy property.--For purposes of this
subsection--
``(A) In general.--The term `qualified wind energy
property' means a qualifying wind turbine--
``(i) installed on or in connection with a
farm (as defined in section 6420(c)), a ranch,
or an establishment of an eligible small
business (as defined in section 44(b)) which is
located in the United States and which is owned
and used by the taxpayer,
``(ii) the original use of which commences
with the taxpayer, and
``(iii) which carries at least a 5-year
limited warranty covering defects in design,
material, or workmanship, and, for any
qualifying wind turbine that is not installed
by the taxpayer, at least a 5-year limited
warranty covering defects in installation.
``(B) Limitation.--In the case of any qualified
wind energy property placed in service during the
taxable year, the credit determined under paragraph (1)
for such year with respect to such property shall not
exceed an amount equal to the lesser of--
``(i) 30 percent of the basis of such
property, including all necessary installation
fees and charges, or
``(ii) $1,000 for each kilowatt of capacity
of such property.
``(C) Qualifying wind turbine.--For purposes of
this paragraph the term `qualifying wind turbine' means
a wind turbine of 75 kilowatts of rated capacity or
less which at the time of manufacture and not more than
one year from the date of purchase meets the latest
performance rating standards published by the American
Wind Energy Association or the International
Electrotechnical Commission and which is used to
generate electricity.
``(D) Safety certifications.--No credit shall be
allowed under this section for any qualified wind
energy property unless such property meets appropriate
fire and electric code requirements.''.
(c) Limitation.--Section 48(a)(2)(A) of the Internal Revenue Code
of 1986 (relating to energy percentage) is amended to read as follows:
``(A) In general.--The energy percentage is--
``(i) in the case of qualified wind energy
property, 30 percent, and
``(ii) in the case of any other energy
property, 10 percent.''.
(d) Conforming Amendment.--Section 29(b)(3)(A)(i)(III) of the
Internal Revenue Code of 1986 is amended by striking ``section
48(a)(4)(C)'' and inserting ``section 48(a)(5)(C)''.
(e) Effective Date.--The amendments made by this subsection shall
apply to property placed in service after December 31, 2003, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990). | Residential, Farm, Ranch, and Small Business Wind Energy Systems Act of 2003 or the Small Wind Energy Systems Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer an annual credit for 30 percent of the cost of installing a qualified residential wind turbine. Limits such credit to $1,000 for each kilowatt of capacity. (Excludes swimming pools or any storage medium which has a function other than a storage function.)Allows an annual business credit for installation of a qualifying wind turbine on a farm, ranch, or small business. Limits such credit to the smaller of: (1) 30 percent of basis, including installation; or (2) $1,000 for each kilowatt of capacity. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for individuals and businesses for the installation of certain wind energy property."} | 3,416 | 153 | 0.643898 | 1.702692 | 0.682993 | 3.454545 | 23.212121 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Harvey and Hurricane Irma
Working Family Tax Relief Act''.
SEC. 2. DETERMINATION OF EARNED INCOME FOR PURPOSES OF THE EARNED
INCOME CREDIT AND THE CHILD TAX CREDIT FOR INDIVIDUALS IN
THE HURRICANE HARVEY AND HURRICANE IRMA DISASTER AREAS.
(a) Earned Income Credit.--Section 32 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(n) Special Rule Relating to Hurricane Harvey and Hurricane
Irma.--For purposes of this section and section 24(d)--
``(1) In general.--In the case of a qualified individual,
if the earned income of the taxpayer for the taxable year which
includes the applicable date is less than the earned income of
the taxpayer for the preceding taxable year, the credit allowed
under subsection (a) for the taxable year which includes the
applicable date may, at the election of the taxpayer, be
determined by substituting--
``(A) such earned income for the preceding taxable
year, for
``(B) such earned income for the taxable year which
includes the applicable date.
``(2) Qualified individual.--For purposes of this
subsection, the term `qualified individual' means any
individual--
``(A) whose principal place of abode on the
applicable date was located in the Hurricane Harvey
disaster area or the Hurricane Irma disaster area and
such individual was displaced from such principal place
of abode by reason of the Hurricane Harvey federally
declared disaster or the Hurricane Irma federally
declared disaster, respectively, or
``(B) who performed substantially all employment
services in the disaster area and was so employed on
the applicable date.
``(3) Other definitions.--For purposes of this subsection--
``(A) Applicable date.--The term `applicable date'
means--
``(i) August 25, 2017, with respect to
Hurricane Harvey, and
``(ii) September 5, 2017, with respect to
Hurricane Irma.
``(B) Hurricane harvey federally declared
disaster.--
``(i) In general.--The term `Hurricane
Harvey federally declared disaster' means the
disaster occurring by reason of Hurricane
Harvey and determined by the President to
warrant individual or individual and public
assistance from the Federal Government under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
``(ii) Hurricane harvey disaster area.--The
term `Hurricane Harvey disaster area' means the
area so determined to warrant such assistance.
``(C) Hurricane irma federally declared disaster.--
``(i) In general.--The term `Hurricane Irma
federally declared disaster' means the disaster
occurring by reason of Hurricane Irma and
determined by the President to warrant
individual or individual and public assistance
from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act.
``(ii) Hurricane irma disaster area.--The
term `Hurricane Irma disaster area' means the
area so determined to warrant such assistance.
``(4) Special rules.--
``(A) Application to joint returns.--For purposes
of paragraph (1), in the case of a joint return for a
taxable year which includes the applicable date--
``(i) such paragraph shall apply if either
spouse is a qualified individual, and
``(ii) the earned income of the taxpayer
for the preceding taxable year shall be the sum
of the earned income of each spouse for such
preceding taxable year.
``(B) Uniform application of election.--Any
election made under paragraph (1) shall apply with
respect to both this section and section 24(d).
``(C) Errors treated as mathematical error.--For
purposes of section 6213, an incorrect use on a return
of earned income pursuant to paragraph (1) shall be
treated as a mathematical or clerical error.
``(D) No effect on determination of gross income,
etc.--Except as otherwise provided in this subsection,
this title shall be applied without regard to any
substitution under paragraph (1).''.
(b) Child Tax Credit.--Subsection (d) of section 24 of such Code is
amended by adding at the end the following new paragraph:
``(6) Special rule relating to hurricane harvey and
hurricane irma.--See section 32(n) for determination of earned
income with respect to the Hurricane Harvey and Hurricane Irma
federally declared disasters.''.
(c) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the
Treasury shall pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the amendments
made by this section. Such amounts shall be determined
by the Secretary of the Treasury based on information
provided by the government of the respective
possession.
(B) Other possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States which does not have a mirror code tax system
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate benefits that would have
been provided to residents of such possession by reason
of the amendments made by this section if a mirror code
tax system had been in effect in such possession. The
preceding sentence shall not apply with respect to any
possession of the United States unless such possession
has a plan, which has been approved by the Secretary of
the Treasury, under which such possession will promptly
distribute such payments to the residents of such
possession.
(2) Coordination with credit allowed against united states
income taxes.--In the case of any person--
(A) to whom a credit is allowed against taxes
imposed by a possession of the United States by reason
of the amendments made by this section for any taxable
year, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to any
taxable year,
any credit allowed under section 24 or 32 of the Internal
Revenue Code of 1986 to such person for such taxable year shall
be determined without regard to the amendments made by this
section.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from a credit allowed under
section 24(d) or 32 of the Internal Revenue Code of
1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after August 25, 2017. | Hurricane Harvey and Hurricane Irma Working Family Tax Relief Act This bill amends the Internal Revenue Code to allow certain individuals affected by Hurricanes Harvey or Irma to elect to use earned income from the preceding year for the purpose of determining earned income for the earned income tax credit and the child tax credit. The bill applies to an individual: (1) whose principal place of abode on specified dates was located in the Hurricane Harvey disaster area or the Hurricane Irma disaster area, (2) who was displaced from the place of abode due to the disaster, and (3) who performed substantially all employment services in the disaster area and was so employed on the specified date. The Department of the Treasury must pay to each U.S. possession with a tax system that mirrors federal tax law (mirror code tax system) amounts equal to the loss to the possession due to this bill. For U.S. possessions that do not have a mirror code tax system, Treasury must pay an amount equal to the aggregate benefits that would have been provided to residents of the possession due to this bill if a mirror code tax system had been in effect. | {"src": "billsum_train", "title": "Hurricane Harvey and Hurricane Irma Working Family Tax Relief Act"} | 1,665 | 243 | 0.574783 | 1.570158 | 0.751057 | 3.417431 | 6.761468 | 0.866972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security Results Act of
2013''.
SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS.
Not later than 60 days after the date of the enactment of this Act
and every 180 days thereafter, the Secretary of Homeland Security shall
submit to the appropriate congressional committees a report that
assesses and describes, as of such date, the state of operational
control of the international borders of the United States.
SEC. 3. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.
(a) Strategy To Secure the Border.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the appropriate congressional committees a
comprehensive strategy for gaining and maintaining operational control
of all sectors of the international borders of the United States by the
date that is not later than two years after the date of the submission
of the implementation plan required under subsection (b). The strategy
shall include, at a minimum, a consideration of the following:
(1) An assessment of principal border security threats.
(2) Efforts to analyze and disseminate border security and
border threat information between Department of Homeland
Security border security components.
(3) Efforts to increase situational awareness.
(4) A comprehensive border security technology plan for
detection technology capabilities, including a documented
justification and rationale for technology choices, deployment
locations, fixed versus mobile assets, and a timetable for
procurement and deployment.
(5) Surveillance capabilities developed or utilized by the
Department of Defense, including any technology determined to
be excess by the Department of Defense.
(6) Use of manned aircraft and unmanned aerial systems,
including the camera and sensor technology deployed on such
assets.
(7) Technology required to enhance security at ports of
entry, including the installation of nonintrusive detection
equipment, radiation portal monitors, biometric technology, and
other sensors and technology that the Secretary determines
necessary.
(8) Operational coordination of Department of Homeland
Security border security components.
(9) Cooperative agreements with State, local, tribal, and
other Federal law enforcement agencies that have jurisdiction
on the northern border, southern border, and in the maritime
environment.
(10) Agreements with foreign governments that support the
border security efforts of the United States.
(11) Staffing requirements for all border security
functions.
(12) Resources and other measures necessary to achieve a
50-percent reduction in the average wait times of commercial
and passenger vehicles at international land ports of entry
along the international borders of the United States.
(13) Metrics required under subsections (e), (f), and (g).
(b) Implementation Plan.--Not later than 60 days after the
submission of the strategy under subsection (a), the Secretary of
Homeland Security shall submit to the appropriate congressional
committees an implementation plan for each of the Department of
Homeland Security border security components to carry out such
strategy.
(c) Situational Awareness.--Not later than two years after the date
of the enactment of this Act, the Secretary of Homeland Security shall
achieve situational awareness of the international borders of the
United States.
(d) Periodic Updates.--Not later than 180 days after the submission
of each Quadrennial Homeland Security Review required under section 707
of the Homeland Security Act of 2002 (6 U.S.C. 347) beginning with the
first such Review that is due after the implementation plan is
submitted under subsection (b), the Secretary of Homeland Security
shall submit to the appropriate congressional committees an updated--
(1) strategy under subsection (a); and
(2) implementation plan under subsection (b).
(e) Metrics for Securing the Border Between Ports of Entry.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall implement metrics to measure the
effectiveness of security between ports of entry, which shall include,
at a minimum, the following:
(1) An effectiveness rate which measures the number of
illegal border crossers who are turned back, and the amount of
narcotics seized, against the total estimated number of illegal
border crossers and amount of narcotics the Department of
Homeland Security's border security components fail to
apprehend or seize, as the case may be.
(2) Estimates, using alternate methodologies, including
recidivism and survey data, of total attempted illegal border
crossings, the rate of apprehension of attempted illegal border
crossings, and the inflow into the United States of illegal
border crossers who evade apprehension.
(3) Estimates of the impacts of the Border Patrol's
Consequence Delivery System on the rate of recidivism of
illegal border crossers.
(4) An understanding of the current level of situational
awareness.
(5) Amount of narcotics seized between ports of entry.
(f) Metrics for Securing the Border at Ports of Entry.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Homeland Security shall implement metrics to measure the
effectiveness of security at ports of entry, which shall include, at a
minimum, the following:
(1) An effectiveness rate which measures the number of
illegal border crossers who are turned back, and the amount of
narcotics seized, against the total estimated number of illegal
border crossers and amount of narcotics the Department of
Homeland Security's border security components fail to
apprehend or seize, as the case may be.
(2) The number of infractions related to personnel and
cargo committed by major violators who are apprehended by U.S.
Customs and Border Protection at such ports of entry.
(3) The estimated number of such infractions committed by
major violators who are not so apprehended.
(4) Estimates, using alternate methodologies, including
recidivism and survey data, of total attempted illegal border
crossings, the rate of apprehension of attempted illegal border
crossings, and the inflow into the United States of illegal
border crossers who evade apprehension.
(g) Metrics for Securing the Maritime Border.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall implement metrics to measure the effectiveness
of security in the maritime environment, which shall include, at a
minimum, the following:
(1) An effectiveness rate which measures the number of
migrants apprehended, the number of migrants turned back, and
the amount of narcotics seized, against the total estimated
numbers of migrants and amount of narcotics the Department of
Homeland Security's maritime security components fail to
apprehend or seize, as the case may be.
(2) An understanding of the current level of situational
awareness.
(3) A response rate which measures the Department's ability
to respond to known maritime threats by placing assets on-
scene, compared to the total number of events with respect to
which the Department has known threat information.
(4) Partnerships with international, State, local, tribal,
and other Federal law enforcement agencies.
(h) Independent Assessment by a National Laboratory Within the
Department of Homeland Security Laboratory Network.--The Secretary of
Homeland Security shall request the head of a national laboratory
within the Department of Homeland Security laboratory network with
prior expertise in border security to--
(1) provide an independent assessment of the metrics
implemented in accordance with subsections (e), (f), and (g) to
ensure each such metric's suitability and statistical validity;
and
(2) make recommendations for other suitable metrics that
may be used to measure the effectiveness of border security.
(i) Evaluation by the Government Accountability Office.--
(1) In general.--The Secretary of Homeland Security shall
make available to the Government Accountability Office the data
and methodology used to develop the metrics implemented under
subsections (e), (f), and (g) and the independent assessment
described under subsection (h).
(2) Report.--Not later than 270 days after receiving the
data and methodology described in paragraph (1), the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the
suitability and statistical validity of such data and
methodology.
(j) Certifications Relating to Operational Control.--
(1) By the secretary of homeland security.--If the
Secretary of Homeland Security determines that operational
control of the international borders of the United States has
been achieved, the Secretary shall submit to the appropriate
congressional committees and the Comptroller General of the
United States a certification that so attests.
(2) By the comptroller general.--
(A) Review.--The Comptroller General of the United
States shall review the certification of the Secretary
of Homeland Security under paragraph (1) to verify if
such certification is accurate.
(B) Verification and submission.--If the
Comptroller General of the United States verifies the
accuracy of the certification of the Secretary of
Homeland Security under paragraph (1), the Comptroller
General shall, not later than 120 days after such
verification, submit to the appropriate congressional
committees a certification that so attests.
(k) GAO Report on Border Security Duplication.--Not later than one
year after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report addressing areas of overlap in
responsibilities within the border security functions of the Department
of Homeland Security.
(l) Reports.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit to the appropriate congressional
committee a report on the following:
(1) A resource allocation model for current and future year
staffing requirements that includes optimal staffing levels at
all land, air, and sea ports of entry, and an explanation of
U.S. Customs and Border Protection methodology for aligning
staffing levels and workload to threats and vulnerabilities
across all mission areas.
(2) Detailed information on the level of manpower available
at all land, air, and sea ports of entry and between ports of
entry, including the number of canine and agricultural officers
assigned to each such port of entry.
(3) Detailed information that describes the difference
between the staffing the model suggests and the actual staffing
at each port of entry and between the ports of entry.
(m) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(2) Major violator.--The term ``major violator'' means a
person or entity that has engaged in serious criminal
activities at any land, air, or sea port of entry, including
possession of narcotics, smuggling of prohibited products,
human smuggling, weapons possession, use of fraudulent United
States documents, or other offenses serious enough to result in
arrest.
(3) Operational control.--The term ``operational control''
means a condition in which there is a 90 percent probability
that illegal border crossers are apprehended and narcotics and
other contraband are seized.
(4) Situational awareness.--The term ``situational
awareness'' means knowledge and an understanding of current
illicit cross-border activity, including cross-border threats
and trends concerning illicit trafficking and unlawful
crossings along the international borders of the United States
and in the maritime environment, and the ability to predict
future shifts in such threats and trends. | Border Security Results Act of 2013 - Directs the Secretary of Homeland Security (DHS) to: (1) report, every 180 days, on the state of operational control of the international borders of the United States; and (2) achieve situational awareness of such borders within two years. Requires the Secretary to submit: (1) a comprehensive strategy for gaining and maintaining operational control of all sectors of such borders within a two-year period, (2) an implementation plan for each DHS border security component to carry out such strategy, and (3) an updated strategy and implementation plan after submission of each Quadrennial Homeland Security Review. Requires such strategy to include: (1) an assessment of principal border security threats, (2) efforts to analyze and disseminate border security and threat information between DHS border security components, (3) a comprehensive border security technology plan, (4) Department of Defense (DOD) surveillance capabilities, (5) the use of manned aircraft and unmanned aerial systems, (6) agreements with foreign governments that support U.S. border security efforts, (7) staffing requirements for all border security functions, (8) measures necessary to achieve a 50% reduction in the average wait times for vehicles at international land ports of entry, and (9) specified metrics. Directs the Secretary to: (1) implement metrics to measure the effectiveness of security between ports of entry, at ports of entry, and in the maritime environment; (2) request the head of a national laboratory within the DHS laboratory network with prior expertise in border security to provide an independent assessment of, and ensure statistical validity of, such metrics; and (3) make such assessment and the metrics data and methodology available to the Government Accountability Office (GAO) for a report to Congress. Directs: (1) the Secretary to submit a certification to Congress and the Comptroller General upon determining that operational control of such borders has been achieved, and (2) the Comptroller General to verify the accuracy of such certification. Directs the Comptroller General to submit a report addressing areas of overlap in responsibilities within DHS's border security functions. Directs the Secretary to report annually on: (1) a resource allocation model for current and future year staffing requirements for optimal staffing levels at all land, air, and sea ports of entry; (2) detailed information on the level of manpower available at and between such ports of entry; and (3) detailed information describing the difference between such optimal and actual levels. | {"src": "billsum_train", "title": "Border Security Results Act of 2013"} | 2,511 | 509 | 0.716969 | 2.373916 | 0.812541 | 4.149284 | 4.781186 | 0.94683 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act''.
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.
(a) Civil Action.--
(1) In general.--Subsection (b) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) No person''; and
(B) by inserting at the end the following new
paragraph:
``(2) No person, whether acting under color of law or
otherwise, shall knowingly deceive any other person regarding--
``(A) the time, place, or manner of conducting a
general, primary, run-off, or special election for the
office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Resident Commissioner
to the Congress; or
``(B) the qualifications for or restrictions on
voter eligibility for any election described in
subparagraph (A).''.
(2) Private right of action.--
(A) In general.--Subsection (c) of section 2004 of
the Revised Statutes (42 U.S.C. 1971(c)) is amended--
(i) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(ii) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2) may institute a civil action or other proper proceeding
for preventive relief, including an application in a United
States district court for a permanent or temporary injunction,
restraining order, or other order.''.
(B) Conforming amendments.--
(i) Subsection (e) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(e)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(ii) Subsection (g) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(g)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever''; and
(2) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to knowingly deceive another person regarding
the time, place, or manner of an election described in
subparagraph (B), or the qualifications for or
restrictions on voter eligibility for any such
election, with the intent to prevent such person from
exercising the right to vote in such election.
``(B) Election.--An election described in this
subparagraph is any general, primary, run-off, or
special election for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, or Delegate or
Resident Commissioner to the Congress.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 1
year, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION.
(a) In General.--Any person may report to the Assistant Attorney
General of the Civil Rights Division of the Department of Justice, or
the designee of such Assistant Attorney General, any act of deception
regarding--
(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for Federal office; or
(2) the qualifications for or restrictions on voter
eligibility for any general, primary, run-off, or special
election for Federal office.
(b) Corrective Action.--
(1) In general.--Except as provided in paragraph (2), not
later than 48 hours after receiving a report under subsection
(a), the Assistant Attorney General shall investigate such
report and, if the Assistant Attorney General determines that
an act of deception described in subsection (a) occurred,
shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
deception, and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(2) Reports within 72 hours of an election.--If a report
under subsection (a) is received within 72 hours before the
election described in such subsection, the Assistant Attorney
General shall immediately investigate such report and, if the
Assistant Attorney General determines that an act of deception
described in subsection (a) occurred, shall immediately
undertake all effective measures necessary to provide correct
information to voters affected by the deception and shall
immediately refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(3) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraphs (1)
and (2). Such regulations shall be developed in
consultation with the Election Assistance Commission,
civil rights organizations, voting rights groups, State
election officials, voter protection groups, and other
interested community organizations.
(B) Study.--
(i) In general.--The Attorney General, in
consultation with the Federal Communications
Commission and the Election Assistance
Commission, shall conduct a study on the
feasibility of providing the corrective
information under paragraphs (1) and (2)
through public service announcements, the
emergency alert system, or other forms of
public broadcast.
(ii) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Attorney General shall submit to Congress a
report detailing the results of the study
conducted under clause (i).
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any primary,
general, or run-off election for Federal office, the Attorney
General shall submit to the appropriate committees of Congress
a report compiling and detailing any allegations of deceptive
practices submitted pursuant to subsection (a) and relating to
such election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations of deceptive tactics;
(ii) any corrective actions taken in
response to such allegations;
(iii) the effectiveness of any such
corrective actions;
(iv) any suit instituted under section
2004(b)(2) of the Revised Statutes (42 U.S.C.
1971(b)(2)) in connection with such
allegations;
(v) statistical compilations of how many
allegations were made and of what type;
(vi) the geographic locations of and the
populations affected by the alleged deceptive
information; and
(vii) the status of the investigations of
such allegations.
(B) Exception.--The Attorney General may withhold
any information that the Attorney General determines
would unduly interfere with an on-going investigation.
(3) Report made public.--The Attorney General shall make
the report required under paragraph (1) publicly available
through the Internet and other appropriate means.
(d) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Resident Commissioner to the Congress.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section. | Deceptive Practices and Voter Intimidation Prevention Act of 2012 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition.
Prescribes a criminal penalty for such deceptive acts.
Authorizes any person to report to the Assistant Attorney General of the Civil Rights Division of the Department of Justice certain acts of deception involving federal elections.
Requires the Assistant Attorney General, within 48 hours after receiving such a report, to investigate it and, if an act of deception occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the deception, and (2) refer the matter to the appropriate federal and state authorities for criminal prosecution.
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. | {"src": "billsum_train", "title": "To prohibit deceptive practices in Federal elections."} | 1,778 | 260 | 0.525932 | 1.579116 | 0.793653 | 4.69163 | 7.132159 | 0.929515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Large Capacity Ammunition Feeding
Device Act of 2013''.
SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
(a) Definition.--Section 921(a) of title 18, United States Code, is
amended by inserting after paragraph (29) the following:
``(30) The term `large capacity ammunition feeding
device'--
``(A) means a magazine, belt, drum, feed strip, or
similar device, including any such device joined or
coupled with another in any manner, that has a capacity
of, or that can be readily restored or converted to
accept, more than 10 rounds of ammunition; and
``(B) does not include an attached tubular device
designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.''.
(b) Prohibitions.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1)(A)(i) Except as provided in clause (ii), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.
``(ii) Clause (i) shall not apply to the possession of a large
capacity ammunition feeding device otherwise lawfully possessed within
the United States on or before the date of the enactment of the Large
Capacity Ammunition Feeding Device Act of 2013.
``(B) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to--
``(A) a manufacture for, transfer to, or possession by the
United States or a department or agency of the United States or
a State or a department, agency, or political subdivision of a
State, or a transfer to or possession by a law enforcement
officer employed by such an entity for purposes of law
enforcement (whether on or off duty);
``(B) a transfer to a licensee under title I of the Atomic
Energy Act of 1954 for purposes of establishing and maintaining
an on-site physical protection system and security organization
required by Federal law, or possession by an employee or
contractor of such a licensee on-site for such purposes or off-
site for purposes of licensee-authorized training or
transportation of nuclear materials;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by the
agency upon that retirement; or
``(D) a manufacture, transfer, or possession of a large
capacity ammunition feeding device by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Attorney General.''.
(c) Penalties.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(8) Whoever knowingly violates section 922(v) shall be fined
under this title, imprisoned not more than 10 years, or both.''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Any firearm or
ammunition'' and inserting ``Any firearm,
ammunition, or large capacity ammunition
feeding device'';
(ii) by striking ``or (k)'' and inserting
``(k), or (v)'';
(iii) by striking ``or any firearm or
ammunition'' and inserting ``or any firearm,
ammunition, or large capacity ammunition
feeding device''; and
(iv) by striking ``firearms or ammunition''
and inserting ``firearms, ammunition, or large
capacity ammunition feeding devices'' each
place the term appears; and
(B) in paragraph (3)(E), by inserting ``922(v),''
after ``922(n),''.
(d) Identification and Markings.--Section 923(i) of title 18,
United States Code, is amended--
(1) by striking ``Licensed importers'' and inserting the
following: ``(1) Licensed importers''; and
(2) by adding at the end the following:
``(2) A large capacity ammunition feeding device manufactured by
any person after the date of enactment of the Large Capacity Ammunition
Feeding Device Act of 2013 shall be identified by a serial number and
the date on which the device was manufactured, and such other
identification as the Attorney General may by regulation prescribe.''. | Large Capacity Ammunition Feeding Device Act of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for such a device lawfully possessed within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Exempts: (1) the transfer or possession of such a device by a federal, state, or local agency or law enforcement officer; (2) certain transfers to licensees under the Atomic Energy Act of 1954; (3) possession of such a device transferred to an individual upon retirement from a law enforcement agency if such individual is not otherwise prohibited from receiving ammunition; and (4) the manufacture, transfer, or possession of such a device by a licensed manufacturer or importer for authorized testing or experimentation purposes. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured. | {"src": "billsum_train", "title": "Large Capacity Ammunition Feeding Device Act of 2013"} | 1,063 | 260 | 0.680979 | 1.944488 | 0.766702 | 2.850679 | 4.384615 | 0.868778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Assistance Equity Act of
2015''.
SEC. 2. DEFINITIONS.
(a) Definition of Private Nonprofit Facility.--Section 102(11)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(11)(B)) is amended by adding at the end the following:
``The term also includes any facilities (including roads, walkways,
bridges, culverts, canals, sewer and wastewater systems, hazard
mitigation systems, power, and other critical community infrastructure)
owned or operated by a common interest community that provide essential
services of a governmental nature.''.
(b) Additional Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is
amended by adding at the end the following:
``(13) Common interest community.--The term `common
interest community' means--
``(A) any nonprofit mandatory membership
organization comprised of owners of real estate (other
than a condominium or housing cooperative) described in
a declaration or created pursuant to a covenant or
other applicable law with respect to which a person, by
virtue of the person's ownership of a unit, is
obligated to pay for a share of real estate taxes,
insurance premiums, maintenance, or improvement of, or
services or other expenses related to, common elements,
other units, or any other real estate other than that
unit described in the declaration; and
``(B) a condominium project--
``(i) comprised entirely of detached single
family units; or
``(ii) comprised of 4 or more multi-unit
housing structures, that owns or operates
facilities (including roads, walkways, bridges,
culverts, canals, sewer and wastewater systems,
hazard mitigation systems, power, or other
critical community infrastructure) that provide
essential services of a governmental nature.
``(14) Condominium.--The term `condominium' means a multi-
unit housing project in which each dwelling unit is separately
owned, and the remaining portions of the real estate are
designated for common ownership solely by the owners of those
units, each owner having an undivided interest in the common
elements, and which is represented by a condominium association
consisting exclusively of all the unit owners in the project,
which is, or will be responsible for the operation,
administration, and management of the project.
``(15) Housing cooperative.--The term `housing cooperative'
means a multi-unit housing project in which each dwelling unit
is subject to separate use and possession by one or more
cooperative members whose interest in such unit, and in any
undivided assets of the cooperative association that are
appurtenant to such unit, is evidenced by a membership or share
interest in a cooperative association and a lease or other
document of title or possession granted by such cooperative as
the owner of all cooperative property.''.
SEC. 3. CONDOMINIUMS AND HOUSING COOPERATIVES DAMAGED BY A MAJOR
DISASTER.
(a) Individuals and Households Program.--Section 408(b)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(b)(1)) is amended--
(1) by striking ``The President'' and inserting the
following:
``(A) In general.--The President''; and
(2) by adding at the end the following:
``(B) Condominiums and housing cooperatives.--For
purposes of providing financial assistance under
subsections (c)(2) and (c)(3) with respect to
residential elements that are the legal responsibility
of an association for a condominium or housing
cooperative, the terms `individual' and `household'
include the association for the condominium or housing
cooperative.''.
(b) Maximum Amount of Assistance.--Section 408(h) of such Act (42
U.S.C. 5174(h)) is amended by adding at the end the following:
``(3) Special rule for condominiums and housing
cooperatives.--
``(A) In general.--In lieu of the limit established
under paragraph (1), the maximum amount of assistance
that an association for a condominium or housing
cooperative may receive under this section with respect
to a single disaster shall be an amount to be
determined by the President by regulation.
``(B) Adjustment of limit.--The amount determined
by the President under subparagraph (A) shall be
adjusted annually in accordance with paragraph (2).''.
SEC. 4. APPLICABILITY.
The amendments made by this Act shall apply to a major disaster or
emergency declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
after the date of enactment of this Act. | Disaster Assistance Equity Act of 2015 This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the definition of "private nonprofit facility" to include any facilities (including roads, bridges, sewer systems, and other critical community infrastructure) owned or operated by a common interest community that provide essential services of a governmental nature. The bill also defines additional terms under such Act, including "condominium" and "housing cooperative." "Common interest community" is defined as: (1) any nonprofit mandatory membership organization comprised of owners of real estate (other than a condominium or housing cooperative) described in a declaration or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to, common elements, other units, or any other real estate other than the unit described in the declaration; and (2) a condominium project that is comprised entirely of detached single family units or that is comprised of four or more multi-unit housing structures and that owns or operates facilities that provide essential services of a governmental nature. The bill amends such Act to provide that for purposes of the provision of federal disaster assistance with respect to residential elements that are the legal responsibility of an association for a condominium or housing cooperative, the terms "individual" or "household" include the association. The President must determine the maximum amount of assistance that any such association may receive under such Act for a single disaster. | {"src": "billsum_train", "title": "Disaster Assistance Equity Act of 2015"} | 1,123 | 376 | 0.707953 | 2.284394 | 0.893626 | 5.336508 | 3.050794 | 0.911111 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Nursing Home
Staffing Act of 2003''.
(b) Purpose.--The purpose of this Act is to improve the quality of
care received by residents of nursing facilities through the
implementation of the minimum nurse staffing levels identified by the
Secretary of Health and Human Services in a report to Congress
submitted on March 21, 2002.
SEC. 2. IMPLEMENTATION OF NURSE STAFFING STANDARDS.
(a) In General.--Sections 1819(b)(4) and 1919(b)(4) of the Social
Security Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended by
adding at the end the following new subparagraph:
``(D) Minimum staffing requirements.--
``(i) Deadline for compliance with minimum
standards.--With respect to facility services
provided after the date that is the end of the
2-year period beginning on the date of the
enactment of this subparagraph, a facility
shall comply with the minimum staffing levels
promulgated by the Secretary under clause (ii).
``(ii) Final regulations.--
``(I) In general.--Not later than 1
year after the date of the enactment of
this subparagraph, and consistent with
the provisions of this clause, the
Secretary shall promulgate standards
for minimum staffing levels for
facilities. Such standards shall
provide for sufficient staffing levels
during day, evening, and night shifts
to ensure that residents of nursing
facilities receive the level of care
necessary to meet the objectives of
subsection (b)(2), and shall provide
for appropriate adjustments to account
for resident case mix.
``(II) Minimum standards.--Subject
to subclause (III), standards
promulgated under subclause (I) shall
be, at a minimum, the HHS minimum nurse
staffing ratios (as defined in clause
(iii)).
``(III) Authority to phase in
facility compliance with standards.--If
the Secretary determines that
compliance with the HHS minimum nurse
staffing ratios is not feasible for
nursing facilities by the end of the 2-
year period applicable under clause
(i), the Secretary may delay the
implementation of the HHS minimum nurse
staffing ratios until the date that is
the end of the 5-year period that
begins on the date of the enactment of
this subparagraph. If the Secretary
delays implementation of the HHS
minimum nurse staffing ratios under the
previous sentence, the Secretary shall
phase in over such 5-year period
alternative minimum staffing standards
that gradually increase in each of the
years of the phase-in until the such
standards meet the HHS minimum nurse
staffing ratios.
``(IV) Counting.--In determining
compliance with the staffing levels
under this subparagraph, an individual
may not be counted while performing
services that are not direct nursing
care, such as administrative services,
food preparation, housekeeping,
laundry, maintenance services, or other
activities that are not direct nursing
care.
``(iii) HHS minimum nurse staffing
ratios.--The term `HHS minimum nurse staffing
ratios' means the minimum staffing levels
identified in the report to Congress entitled
`Appropriateness of Minimum Nurse Staffing
Ratios in Nursing Homes, Report to Congress:
Phase II Final' submitted by the Secretary on
March 21, 2002, which require--
``(I) from 2.4 to 2.8 hours of care
per resident per day by a certified
nurse aide, and
``(II) from 1.15 to 1.3 hours of
care per resident per day by a licensed
practical nurse, a licensed vocational
nurse, or a registered nurse, of which
from 0.55 to 0.75 hours of care per
resident per day shall be provided by a
registered nurse.
``(iv) Construction.--
``(I) Nonpreemption.--Nothing in
this subparagraph shall be construed as
prohibiting the Secretary or a State
(in the case of title XIX) from
imposing higher minimum staffing levels
on facilities than those imposed under
this subparagraph.
``(II) Minimum standards only.--
Compliance with the staffing
requirements imposed under this
subparagraph alone shall not be
construed as complying with the
requirement under paragraph (2) to
provide services to attain or maintain
the highest practicable physical,
mental, and psychosocial well-being of
each resident.
``(III) Supplementary
requirements.--The staffing
requirements of this subparagraph are
in addition to the requirements of
subparagraph (C).''.
(b) Posting of Staffing Information.--
(1) In general.--The first sentence of subparagraph (A) of
sections 1819(b)(8) and 1919(b)(8) of the Social Security Act
(42 U.S.C. 1395i-3(b)(8); 1396r(b)(8)) are each amended by
inserting before the period the following: ``, a description of
the minimum staffing requirements under paragraph (4)(D), and
the average number of hours of nursing care that residents of
the facility have received for each of the four previous
calendar quarters''.
(2) Reports.--Such sections are each amended by adding at
the end the following new subparagraph:
``(C) Reports of staffing data.--A facility shall
maintain records on nurse staffing, and shall submit
such reports of such records to the Secretary as the
Secretary may require for the administration and
enforcement of this section. Such records shall be
reviewed for accuracy as part of a standard survey
required under subsection (g)(2)(A).''.
SEC. 3. INCREASED RESOURCES.
(a) Reinstitution of Boren Amendment Payment Methodology.--
(1) In general.--Section 1902(a)(13) of the Social Security
Act (42 U.S.C. 1396a(a)(13)) is amended to read as follows:
``(13) provide for payment of services through the use of
rates determined pursuant to the criteria under this paragraph
as in effect on August 1, 1997;''.
(2) Establishment of safe harbor rates.--Section 1902 of
such Act (42 U.S.C. 1396a) is amended by adding at the end the
following: ``The Secretary may, by regulation, promulgate
standards or methodologies for determining rates that comply
with paragraph (13), and a State that pays rates that meet such
standards or methodologies is deemed to be in compliance with
paragraph (13).''.
(3) Effective date.--The amendment made by this subsection
shall apply to services furnished on or after the date that is
one year after the date of the enactment of this Act.
(b) Permanent 1.5 Percent Increase of Medicaid FMAP Beginning With
Fiscal Year 2004.--Section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)) is amended by adding at the end the following: ``With
respect to calendar quarters beginning after October 1, 2003, the
Federal medical assistance percentage for a State determined under the
first sentence shall be increased by 1.50 percentage points.''.
(c) Financial Accountability.--
(1) In general.--Sections 1819(g)(2) and 1919(g)(2) of the
Social Security Act (42 U.S.C. 1395i-3(g)(2); 1396r(g)(2)) are
each amended--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F); and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Financial accountability.--A standard or an
extended survey may include an examination of the
financial records of a facility to determine whether
payments made to the facility under this section for
services furnished to residents are being used in a
manner consistent with this section.''.
(2) Composition of multidisciplinary team.--Sections
1819(g)(2)(E)(i) and 1919(g)(2)(E)(i) of the Social Security
Act (42 U.S.C. 1395i-3(g)(2)(E)(i); 1396r(g)(2)(E)(i)) are each
amended by inserting after the period the following: ``This
multidisciplinary team may include professionals trained in
financial accounting and auditing.''
(3) Effective date.--The amendments made by paragraph (1)
shall apply to surveys conducted on or after the date of the
enactment of this Act. | Nursing Home Staffing Act of 2003 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to promulgate standards for minimum nurse staffing levels in nursing facilities receiving Medicare or Medicaid payments.
Reinstitutes (Boren amendment) payment methodology, providing for payment of Medicaid services through the use of rates determined pursuant to the criteria under State Medicaid plan requirements as in effect on August 1, 1997. Establishes safe harbor rates.
Provides a permanent 1.50 percent increase of the Medicaid Federal medical assistance percentage (FMAP) for a State beginning with FY 2004.
Authorizes inclusion of: (1) financial accountability requirements in the survey and certification process with respect to facilities receiving Medicare or Medicaid payments; and (2) professionals trained in financial accounting and auditing in the multidisciplinary survey teams of professionals under Medicare and Medicaid. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to establish minimum requirements for nurse staffing in nursing facilities receiving payments under the Medicare or Medicaid Program."} | 1,941 | 193 | 0.501467 | 1.391652 | 0.645165 | 2.517857 | 9.708333 | 0.863095 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Budget Autonomy
Act of 2003''.
SEC. 2. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET.
(a) In General.--Section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows:
``enactment of local budget
``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council,
within 50 calendar days after receipt of the budget proposal from the
Mayor, and after public hearing, shall by Act adopt the annual budget
for the District of Columbia government. Any supplements thereto shall
also be adopted by Act by the Council after public hearing.
``(b) Transmission to President During Control Years.--In the case
of a budget for a fiscal year which is a control year, the budget so
adopted shall be submitted by the Mayor to the President for
transmission by him to the Congress, except that the Mayor shall not
transmit any such budget, or amendments or supplements thereto, to the
President until the completion of the budget procedures contained in
this Act and the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
``(c) Prohibiting Obligations and Expenditures Not Authorized Under
Budget.--Except as provided in section 445A(b), section 467(d), section
471(c), section 472(d), section 475(e), section 483(d), and subsections
(f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated
or expended by any officer or employee of the District of Columbia
government unless--
``(1) such amount has been approved by an Act of the
Council (and then only in accordance with such authorization)
and a copy of such Act has been transmitted by the Chairman to
the Congress; or
``(2) in the case of an amount obligated or expended during
a control year, such amount has been approved by an Act of
Congress (and then only in accordance with such authorization).
``(d) Restrictions on Reprogramming of Amounts.--After the adoption
of the annual budget for a fiscal year (beginning with the annual
budget for fiscal year 1995), no reprogramming of amounts in the budget
may occur unless the Mayor submits to the Council a request for such
reprogramming and the Council approves the request, but only if any
additional expenditures provided under such request for an activity are
offset by reductions in expenditures for another activity.
``(e) Definition.--In this part, the term `control year' has the
meaning given such term in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995.''.
(b) Length of Congressional Review Period For Budget Acts.--Section
602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is amended--
(1) in the second sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of any Act transmitted under the first sentence
of paragraph (1) to which section 446 applies and for which the fiscal
year involved is not a control year, such Act shall take effect upon
the expiration of the 30-calendar-day period beginning on the day such
Act is transmitted, or upon the date prescribed by such Act, whichever
is later, unless during such 30-day period, there has been enacted into
law a joint resolution disapproving such Act. If such 30-day period
expires on any day on which neither House is in session because of an
adjournment sine die, a recess of more than three days, or an
adjournment of more than three days, the period applicable under the
previous sentence shall be extended for 5 additional days (excluding
Saturdays, Sundays, and holidays, and any day on which neither House is
in session because of an adjournment sine die, a recess of more than
three days, or an adjournment of more than three days). In any case in
which any such joint resolution disapproving such an Act has, within
the applicable period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming law,
subsequent to the expiration of such period, shall be deemed to have
repealed such Act, as of the date such resolution becomes law. The
provisions of section 604 shall apply with respect to any joint
resolution disapproving any Act pursuant to this paragraph.''.
(c) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2),
475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3)
of section 490 of such Act are each amended by striking ``The fourth
sentence of section 446'' and inserting ``Section 446(c)''.
(2) The third sentence of section 412(a) of such Act (sec. 1-
204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal
year which is a control year described in such section'' after
``section 446 applies''.
(3) Section 202(c)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(2), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(4) Section 202(d)(3)(A) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(5) Section 11206 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is
amended by striking ``the fourth sentence of section 446'' and
inserting ``section 446(c)''.
(d) Clerical Amendment.--The item relating to section 446 in the
table of contents of such Act is amended to read as follows:
``Sec. 446. Enactment of local budget.''.
SEC. 3. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES
BY MAYOR OF PROVISIONS OF BUDGET ACTS.
(a) In General.--Section 404(f) of the District of Columbia Home
Rule Act (sec. 1-204.4(f), D.C. Official Code) is amended by striking
``transmitted by the Chairman to the President of the United States''
both places it appears and inserting the following: ``incorporated in
such Act (or, in the case of an item or provision contained in a budget
act for a control year, transmitted by the Chairman to the
President)''.
(b) Conforming Amendment.--Section 404(f) of such Act (sec. 1-
204.04(f), D.C. Official Code) is amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the fifth sentence, by striking ``(as defined in
section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995), this
subsection'' and inserting ``this paragraph''; and
(3) by adding at the end the following new paragraph:
``(2) In this subsection, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
SEC. 4. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY ACT
OF THE COUNCIL.
Section 447 of the District of Columbia Home Rule Act (sec. 1-
204.47, D.C. Official Code) is amended--
(1) by striking ``Act of Congress'' each place it appears
and inserting ``act of the Council (or Act of Congress, in the
case of a year which is a control year)''; and
(2) by striking ``Acts of Congress'' and inserting ``acts
of the Council (or Acts of Congress, in the case of a year
which is a control year)''.
SEC. 5. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL ROLE
IN BUDGET PROCESS.
(a) Federal Authority Over Budget-Making Process.--Section 603(a)
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official
Code) is amended by inserting before the period at the end the
following: ``for a fiscal year which is a control year''.
(b) Restrictions Applicable During Control Years.--Section 603(d)
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read
as follows:
``(d) In the case of a fiscal year which is a control year, the
Council may not approve, and the Mayor may not forward to the
President, any budget which is not consistent with the financial plan
and budget established for the fiscal year under subtitle A of title II
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.''.
(c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C.
Official Code) is amended to read as follows:
``(f) In this section, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
SEC. 6. CONTINUATION OF GENERAL PROVISIONS IN APPROPRIATIONS ACTS.
Any general provision contained in a general appropriation bill
which includes the appropriation of Federal payments to the District of
Columbia for a fiscal year (or, in the case of such a bill which is
included as a division, title, or other portion of another general
appropriation bill, any general provision contained in such division,
title, or other portion) in effect on the date of enactment of this Act
shall remain in effect until the date of the enactment of a general
appropriation bill which includes the appropriation of Federal payments
to the District of Columbia for the following fiscal year.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply to budgets of the
District of Columbia for fiscal years beginning on or after October 1,
2004. | District of Columbia Budget Autonomy Act of 2003 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress, unless it is the budget for a fiscal year which is a control year. Prohibits the Mayor of the District during a control year from transmitting the budget, or amendments or supplements thereto, to the President until the completion of the budget procedures contained in this Act and the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Prohibits obligations or expenditures by District government officers and employees without the Council's approval and in the case of a control year, congressional approval. Allows the Council to reenact provisions of any line-item veto by the Mayor in a budget Act without submitting such veto to the President, unless such item or provision is contained in a budget act for a control year. Permits hiring of full or part-time District government employees and their transfer among programs only if such position is authorized by an Act of the Council or, in the case of a control year, an Act of Congress. | {"src": "billsum_train", "title": "To amend the District of Columbia Home Rule Act to provide the District of Columbia with autonomy over its budgets, and for other purposes."} | 2,505 | 267 | 0.657955 | 1.773895 | 0.942024 | 3.795556 | 9.511111 | 0.88 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Ambulance Service Improvement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Payment increases for rural ambulance services.
Sec. 3. Basing rural areas on population density by postal zip codes.
Sec. 4. Requiring use of recent data for calculation of budget
neutrality adjustment.
Sec. 5. Exemption of ambulance suppliers from certain provider
designation rules.
Sec. 6. Calculation of separate rates for ground and air ambulance
services.
SEC. 2. PAYMENT INCREASES FOR RURAL AMBULANCE SERVICES.
(a) 20 Percent Increase.--Section 1834(l) of the Social Security
Act (42 U.S.C. 1395m(l)), as amended by sections 205(a) and 221(a) of
the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection
Act of 2000 (114 Stat. 2763A-482, 486), as enacted into law by section
1(a)(6) of Public Law 106-554, is amended--
(1) by redesignating paragraph (8), as added by such
section 221(a), as paragraph (9), and
(2) by inserting after that paragraph the following new
paragraph:
``(10) Increase for rural ambulance services.--Effective
for ambulance services furnished on or after January 1, 2002,
for which the transportation originates in a rural area or
tract to which paragraph (9) applies, notwithstanding the
previous provisions of this subsection, the Secretary shall
provide for an additional payment for such services equal to 20
percent of the payment amount otherwise made under this section
for such services.''.
(b) Increase in Mileage Rates for First 50 Miles.--Paragraph (9) of
that section, as so redesignated under subsection (a)(1), is amended--
(1) in the heading, by striking ``Transitional assistance''
and inserting ``Mileage assistance'';
(2) by striking ``furnished on or after July 1, 2001, and
before January 1, 2004,'';
(3) by striking ``that,'' and inserting ``that--'';
(4) by designating the remaining text of paragraph (9) that
follows ``that--'' a new subparagraph (B) and indenting such
subparagraph 2 ems to the right;
(5) in such subparagraph (B), by striking ``with respect to
the payment rate for mileage for a trip above 17 miles, and up
to 50 miles, the rate otherwise established shall be
increased'' and inserting ``for ambulance services furnished on
or after July 1, 2001, the payment rate otherwise established
for mileage for a trip above 17 miles, and up to 50 miles,
shall be increased''; and
(6) by inserting before such subparagraph (B) the following
new subparagraph:
``(A) for ambulance services furnished on or after
January 1, 2002, the payment rate otherwise established
for mileage for the first 17 miles of a trip
transporting a patient shall be increased by $7.50 per
mile; and''.
(c) Nonapplication of Initial Budget Neutrality Provisions.--The
provisions of section 1834(l)(3)(A) of the Social Security Act (42
U.S.C. 1395m(l)(3)(A)) do not apply with respect to the amendments made
by this section.
SEC. 3. BASING RURAL AREAS ON POPULATION DENSITY BY POSTAL ZIP CODES.
(a) In General.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)) is amended in paragraph (9), as so redesignated by
section 2(a)(1), by striking ``(as defined in section 1886(d)(2)(D))''
and all that follows through ``(57 Fed. Reg. 6725))'' and inserting
``(as determined under an area classification system established by the
Secretary that is based on population density within postal zip code
areas)''.
(b) Effective Date.--The Secretary of Health and Human Services
shall establish the classification system described in the amendment
made by subsection (a) by not later than 1 year after the date of the
enactment of this Act. Such amendment shall apply to services furnished
on or after such date, not later than 30 days after the establishment
of such system, as the Secretary shall provide by regulation.
SEC. 4. REQUIRING USE OF RECENT DATA FOR CALCULATION OF BUDGET
NEUTRALITY ADJUSTMENT.
(a) In General.--Section 1834(l)(3) of the Social Security Act (42
U.S.C. 1395m(l)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in making the determination under
subparagraph (A), use data from the most recent year
for which such data are available, but may not use data
from a year that preceded the two-year period ending on
the date of the implementation of the fee schedule
under this subsection; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to ambulance services furnished on or after January 1, 2003.
SEC. 5. EXEMPTION OF AMBULANCE SUPPLIERS FROM CERTAIN PROVIDER
DESIGNATION RULES.
In applying the regulation for requirements for determination that
a facility or organization has provider-based status under section
413.65 of title 42 of the Code of Federal Regulations, the Secretary of
Health and Human Services shall not apply the regulation with respect
to ambulance services.
SEC. 6. CALCULATION OF SEPARATE RATES FOR GROUND AND AIR AMBULANCE
SERVICES.
(a) In General.--Section 1861(v)(1)(U) of the Social Security Act
(42 U.S.C. 1395x(v)(1)(U)) is amended by adding at the end the
following: ``In carrying out the first sentence, upon request of a
hospital, the Secretary shall determine and apply separately the
reasonable costs of ground and air ambulance services.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to ambulance services furnished on or after the date of the
enactment of this Act. | Medicare Rural Ambulance Service Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to direct the Secretary of Health and Human Services to increase by 20 percent the payment under Medicare for rural ambulance services. Increases by $7.50 per mile the payment rate for the first 17 miles of an ambulance trip transporting a patient.Provides for determination of rural areas based on population density by postal zip codes.Requires the use of recent data for calculation of budget neutrality adjustments to payments for ambulance services.Exempts ambulance suppliers from certain provider designation rules.Directs the Secretary to determine and apply separately the reasonable costs of ground and air ambulance services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to increase by 20 percent the payment under the Medicare Program for ambulance services furnished to Medicare beneficiaries in rural areas, to determine rural areas based on population density, and to require the use of recent data in determining payment adjustments."} | 1,498 | 173 | 0.605735 | 1.675839 | 0.692375 | 4.469388 | 8.680272 | 0.931973 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The placement of telecommunications facilities near
residential properties can greatly reduce the value of such
properties, destroy the views from such properties, and reduce
substantially the desire to live in the area.
(2) States and local governments should be able to exercise
control over the placement, construction, and modification of
such facilities through the use of zoning, planned growth, and
other land use regulations relating to the protection of the
environment and public health, safety, and welfare of the
community.
(3) There are alternatives to the construction of
facilities to meet telecommunications and broadcast needs,
including, but not limited to, alternative locations,
colocation of antennas on existing towers or structures,
towerless PCS-Over-Cable or PCS-Over-Fiber telephone service,
satellite television systems, low-Earth orbit satellite
communication networks, and other alternative technologies.
(4) There are alternative methods of designing towers to
meet telecommunications and broadcast needs, including the use
of small towers that do not require blinking aircraft safety
lights, break skylines, or protrude above tree canopies and
that are camouflaged or disguised to blend with their
surroundings, or both.
(5) On August 19, 1997, the Federal Communications
Commission issued a proposed rule, MM Docket No. 97-182, which
would preempt the application of State and local zoning and
land use ordinances regarding the placement, construction, and
modification of broadcast transmission facilities. It is in the
interest of the Nation that the Commission not adopt this rule.
(6) It is in the interest of the Nation that the memoranda
opinions and orders and proposed rules of the Commission with
respect to application of certain ordinances to the placement
of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM-
8577, and FCC 97-303, 62 F.R. 47960) be modified in order to
permit State and local governments to exercise their zoning and
land use authorities, and their power to protect public health
and safety, to regulate the placement of telecommunications or
broadcast facilities and to place the burden of proof in civil
actions, and in actions before the Commission and State and
local authorities relating to the placement, construction, and
modification of such facilities, on the person or entity that
seeks to place, construct, or modify such facilities.
(7) PCS-Over-Cable, PCS-Over-Fiber, and satellite
telecommunications systems, including low-Earth orbit
satellites, offer a significant opportunity to provide so-
called ``911'' emergency telephone service throughout much of
the United States.
(8) According to the Comptroller General, the Commission
does not consider itself a health agency and turns to health
and radiation experts outside the Commission for guidance on
the issue of health and safety effects of radio frequency
exposure.
(9) The Federal Aviation Administration does not have
adequate authority to regulate the placement, construction, and
modification of telecommunications facilities near airports or
high-volume air traffic areas such as corridors of airspace or
commonly used flyways. The Commission's proposed rules to
preempt State and local zoning and land-use regulations for the
siting of such facilities will have a serious negative impact
on aviation safety, airport capacity and investment, and the
efficient use of navigable airspace.
(10) The telecommunications industry and its experts should
be expected to have access to the best and most recent
technical information and should therefore be held to the highest
standards in terms of their representations, assertions, and promises
to governmental authorities.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal certain limitations on State and local
authority regarding the placement, construction, and
modification of personal wireless service facilities and
related facilities as such limitations arise under section
332(c)(7) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)).
(2) To permit State and local governments--
(A) in cases where the placement, construction, or
modification of telecommunications facilities and other
facilities is inconsistent with State and local
regulations, laws, or decisions, to require the use of
alternative telecommunication or broadcast technologies
when such alternative technologies are available;
(B) to regulate the placement, modification, and
construction of such facilities so that their
placement, construction, or modification will not
interfere with the safe and efficient use of public
airspace or otherwise compromise or endanger public
safety; and
(C) to hold applicants for permits for the
placement, construction, or modification of such
telecommunications facilities, and providers of
services using such towers and facilities, accountable
for the truthfulness and accuracy of representations
and statements placed in the record of hearings for
such permits, licenses, or approvals.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
(a) Repeal of Limitations on Regulation of Personal Wireless
Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(B)) is amended--
(1) in clause (i), by striking ``thereof--'' and all that
follows through the end and inserting ``thereof shall not
unreasonably discriminate among providers of functionally
equivalent services.'';
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv); and
(4) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``30 days
after such action or failure to act'' and inserting
``30 days after exhaustion of any administrative
remedies with respect to such action or failure to
act''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a
telecommunications facility is a party, such person
shall bear the burden of proof, regardless of who
commences the action.''.
(b) Prohibition on Adoption of Rule Regarding Preemption of State
and Local Authority Over Broadcast Transmission Facilities.--
Notwithstanding any other provision of law, the Federal Communications
Commission may not adopt as a final rule or otherwise the proposed rule
set forth in ``Preemption of State and Local Zoning and Land Use
Restrictions on Siting, Placement and Construction of Broadcast Station
Transmission Facilities'', MM Docket No. 97-182, released August 19,
1997.
(c) Authority Over Placement, Construction, and Modification of
Other Transmission Facilities.--Part I of title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding
at the end the following:
``SEC. 338. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
``(a) In General.--Notwithstanding any other provision of this Act,
no provision of this Act may be interpreted to authorize any person or
entity to place, construct, or modify telecommunications facilities in
a manner that is inconsistent with State or local law, or contrary to
an official decision of the appropriate State or local government
entity having authority to approve, permit, license, modify, or deny an
application to place, construct, or modify a tower, if alternate
technology is capable of delivering the broadcast or telecommunications
signals without the use of a tower.
``(b) Authority Regarding Production of Safety and Interference
Studies.--No provision of this Act may be interpreted to prohibit a
State or local government from--
``(1) requiring a person or entity seeking authority to
place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of
such government to produce--
``(A) environmental studies, engineering reports,
or other documentation of the compliance of such
facilities with radio frequency exposure limits
established by the Commission and compliance with
applicable laws and regulations governing the effects
of the proposed facility on the health, safety, and
welfare of local residents in the community; and
``(B) documentation of the compliance of such
facilities with applicable Federal, State, and local
aviation safety standards or aviation obstruction
standards regarding objects effecting navigable
airspace; or
``(2) refusing to grant authority to such person to locate
such facilities within the jurisdiction of such government if
such person fails to produce any studies, reports, or
documentation required under paragraph (1).
``(c) Construction.--Nothing in this section may be construed to
prohibit or otherwise limit the authority of a State or local
government to ensure compliance with or otherwise enforce any
statements, assertions, or representations filed or submitted by or on
behalf of an applicant with the State or local government for authority
to place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of the State
or local government.''. | Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities.
States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes."} | 2,003 | 250 | 0.521921 | 1.629463 | 0.750892 | 4.091324 | 8.383562 | 0.922374 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pathways to an
Affordable Education Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increasing the Federal Pell Grant and adding a cost of living
adjustment.
Sec. 3. Funding the Federal Pell Grant program through mandatory
appropriations.
Sec. 4. Mandatory Federal Pell Grant increases.
Sec. 5. Federal Pell Grant duration limit.
Sec. 6. Restoration of eligibility for year-round Federal Pell Grants.
Sec. 7. Expansion of Pell Grant exclusion from gross income.
Sec. 8. Federal Pell Grant early communication.
Sec. 9. Contribution from adjusted available income.
SEC. 2. INCREASING THE FEDERAL PELL GRANT AND ADDING A COST OF LIVING
ADJUSTMENT.
(a) In General.--Section 401(b)(2)(A) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i)
and (ii) and inserting the following:
``(i)(I) for award year 2017-2018, $9,139;
and
``(II) for award year 2018-2019 and each
subsequent award year, the amount of the
maximum Federal Pell Grant determined under
this clause for the immediately preceding award
year, increased by a percentage equal to the
estimated percentage increase, if any, in the
Consumer Price Index (as determined by the
Secretary, using the definition in section
478(f)) for the most recent calendar year
ending prior to the beginning of that award
year; plus
``(ii) any additional amount specified for
the maximum Federal Pell Grant in the last
enacted appropriation Act applicable to that
award year, less''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.
SEC. 3. FUNDING THE FEDERAL PELL GRANT PROGRAM THROUGH MANDATORY
APPROPRIATIONS.
(a) In General.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C)(i) For fiscal year 2017 and each succeeding fiscal
year, there are appropriated, out of any money in the Treasury
not otherwise appropriated, such sums as may be necessary to
provide, in combination with any amounts separately
appropriated under subparagraph (A)(ii), Federal Pell Grants
under this section in the amount specified in subparagraph (A)
to all eligible students.
``(ii) The amounts made available by clause (i) for any
fiscal year shall be available beginning on October 1 of that
fiscal year, and shall remain available through September 30 of
the succeeding fiscal year.''; and
(2) by striking paragraph (7).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.
SEC. 4. MANDATORY FEDERAL PELL GRANT INCREASES.
(a) Increases.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) (as amended by this Act) is further amended--
(1) in paragraph (2)--
(A) by striking ``(2)'' and all that follows
through ``The amount of the Federal Pell Grant'' and
inserting ``(2)(A) The amount of the Federal Pell
Grant'';
(B) by moving the margins of subparagraph (A) two
ems to the left; and
(C) in subparagraph (A)--
(i) by redesignating clause (iii) as clause
(iv); and
(ii) by inserting after clause (ii) the
following new clause (iii):
``(iii) the amount of the increase calculated under
paragraph (7), less''; and
(2) by adding at the end the following new paragraph:
``(7)(A) The amount of the maximum Federal Pell Grant for which an
eligible student is eligible during an award year, as specified in
paragraph (2)(A) for that award year, shall be increased by the
difference between--
``(i) the average total cost of attendance for first-time,
full-time undergraduate students in the United States at public
2-year institutions for students living on-campus, as
determined by the National Center for Education Statistics, for
the last academic year preceding the beginning of the fiscal
year for which the increase is made; and
``(ii) the amount of the maximum Federal Pell Grant for
which a student is eligible during an award year, as specified
in paragraph (2)(A) for that award year.
``(B) For purposes of subparagraph (A), an eligible student is an
otherwise eligible student who has a negative or zero estimated family
contribution.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.
SEC. 5. FEDERAL PELL GRANT DURATION LIMIT.
(a) In General.--Section 401(c)(5) of the Higher Education Act of
1965 (20 U.S.C. 1070a(c)(5)) is amended by striking ``12 semesters''
and inserting ``15 semesters'' each place the term appears.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to Federal Pell Grants awarded under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017-
2018 and each succeeding award year.
SEC. 6. RESTORATION OF ELIGIBILITY FOR YEAR-ROUND FEDERAL PELL GRANTS.
(a) In General.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) (as amended by this Act) is further amended by
adding at the end the following:
``(8) Year-round federal pell grant students.--
``(A) In general.--Notwithstanding any other
provision of this subsection, the Secretary shall
award, to an eligible student who meets the
requirements in subparagraph (B) who has received a
Federal Pell Grant for an award year and is enrolled in
a program of study for one or more additional payment
periods during the same award year that are not
otherwise covered by the student's Federal Pell Grant,
an additional Federal Pell Grant for the additional
payment periods.
``(B) Eligibility.--In order to be eligible to
receive the additional Federal Pell Grant for an award
year that is described in subparagraph (A), a student
shall, in addition to meeting all eligibility
requirements for the receipt of a Federal Pell Grant--
``(i) be enrolled on at least a half-time
basis for a period of more than one academic
year, or more than 2 semesters or the
equivalent of 2 semesters, during a single
award year; and
``(ii) be enrolled in a program of
instruction at an institution of higher
education for which the institution awards an
associate or baccalaureate degree or a
certificate.
``(C) Amounts.--In the case of a student receiving
more than one Federal Pell Grant in a single award year
under subparagraph (A), the total amount of the Federal
Pell Grants awarded to such student for the award year
shall not exceed an amount equal to 150 percent of the
amount of the maximum Federal Pell Grant for which such
student is eligible, as specified in paragraph (2)(A)
for that award year.
``(D) Inclusion in duration limit.--Any period of
study covered by a Federal Pell Grant awarded under
subparagraph (A) shall be included in determining a
student's duration limit under subsection (c)(5).
``(9) Crossover period.--In any case where an eligible
student is receiving a Federal Pell Grant for a payment period
that spans 2 award years, the Secretary shall allow the
eligible institution in which the student is enrolled to
determine the award year to which the additional period shall
be assigned.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2017.
SEC. 7. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 is amended by striking ``received by an
individual'' and all that follows and inserting ``received by an
individual--
``(A) as a scholarship or fellowship grant to the
extent the individual establishes that, in accordance
with the conditions of the grant, such amount was used
for qualified tuition and related expenses, or
``(B) as a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (as amended by the
Pathways to an Affordable Education Act).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 8. FEDERAL PELL GRANT EARLY COMMUNICATION.
Section 485E of the Higher Education Act of 1965 (20 U.S.C. 1092f)
is amended--
(1) in subsection (a), by inserting ``elementary schools,''
before ``secondary schools,''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``students''
and inserting ``students and parents of students''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting
``Elementary and'' before ``secondary'';
(ii) by inserting ``elementary schools,''
after ``financial aid,'';
(iii) by striking ``notify students in
secondary school'' and inserting ``notify
students in elementary or secondary school'';
(iv) by striking ``students' junior year of
secondary school'' and inserting ``students'
sixth grade year of school''; and
(v) by striking ``students in secondary
school'' and inserting ``students in sixth
grade''.
SEC. 9. CONTRIBUTION FROM ADJUSTED AVAILABLE INCOME.
(a) Amendments.--
(1) Dependent students.--Section 475(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(b)) is amended in the
matter following paragraph (3), by striking ``except that'' and
inserting ``except that for purposes other than subpart 1 of
part A of this title''.
(2) Independent students without dependents.--Section
476(a) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(a)) is amended in the matter following paragraph (3), by
striking ``except that'' and inserting ``except that for
purposes other than subpart 1 of part A of this title''.
(3) Independent students with dependents.--Section 477(a)
of the Higher Education Act of 1965 (20 U.S.C. 1087qq(a)) is
amended the matter following paragraph (4), by striking
``except that'' and inserting ``except that for purposes other
than subpart 1 of part A of this title''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to award year 2017-2018 and each succeeding award
year. | Pathways to an Affordable Education Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify provisions related to the Federal Pell Grant program. Among other things, it: increases the maximum Pell Grant award for academic year 2017-2018 and adjusts it in subsequent award years to account for inflation, converts the Pell Grant program into a mandatory spending program, increases from 12 to 15 semesters a student's lifetime Pell Grant eligibility period, and restores year-round grants. Additionally, the bill amends the Internal Revenue Code to include, as a qualified scholarship excludible from gross income, any amount received as a Pell Grant. | {"src": "billsum_train", "title": "Pathways to an Affordable Education Act"} | 2,800 | 148 | 0.530163 | 1.506854 | 0.680384 | 2.007634 | 18.312977 | 0.78626 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ruth Moore Act of 2013''.
SEC. 2. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY
MILITARY SEXUAL TRAUMA.
(a) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Reports on claims for disabilities incurred or aggravated
by military sexual trauma
``(a) Reports.--Not later than December 1, 2014, and each year
thereafter through 2018, the Secretary shall submit to Congress a
report on covered claims submitted during the previous fiscal year.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, listed by each sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(3) The term `military sexual trauma' means, with respect
to a veteran, psychological trauma, which in the judgment of a
mental health professional, resulted from a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Reports on claims for disabilities incurred or aggravated by
military sexual trauma.''.
(3) Initial report.--The Secretary of Veterans Affairs
shall submit to Congress an initial report described in section
1164 of title 38, United States Code, as added by paragraph
(1), by not later than 90 days after the date of the enactment
of this Act. Such initial report shall be in addition to the
annual reports required under such section beginning in
December 2014.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Veterans Affairs should update and improve the regulations
of the Department of Veterans Affairs with respect to military sexual
trauma by--
(1) ensuring that military sexual trauma is specified as an
in-service stressor in determining the service-connection of
post-traumatic stress disorder by including military sexual
trauma as a stressor described in section 3.304(f)(3) of title
38, Code of Federal Regulations; and
(2) recognizing the full range of physical and mental
disabilities (including depression, anxiety, and other
disabilities as indicated in the Diagnostic and Statistical
Manual of Mental Disorders published by the American
Psychiatric Association) that can result from military sexual
trauma.
(c) Provision of Information.--During the period beginning on the
date that is 15 months after the date of the enactment of this Act and
ending on the date on which the Secretary updates and improves
regulations as described in subsection (b), the Secretary shall--
(1) provide to each veteran who has submitted a covered
claim or been treated for military sexual trauma at a medical
facility of the Department with a copy of the report under
subsection (a)(3) or section 1164 of title 38, United States
Code, as added by subsection (a)(1), that has most recently
been submitted to Congress;
(2) provide on a monthly basis to each veteran who has
submitted any claim for disability compensation or been treated
at a medical facility of the Department information that
includes--
(A) the date that the Secretary plans to complete
such updates and improvements to such regulations;
(B) the number of covered claims that have been
granted or denied during the month covered by such
information;
(C) a comparison to such rate of grants and denials
with the rate for other claims regarding post-traumatic
stress disorder;
(D) the three most common reasons for such denials;
(E) the average time for completion of covered
claims;
(F) the average time for processing covered claims
at each regional office; and
(G) any information the Secretary determines
relevant with respect to submitting a covered claim;
(3) in addition to providing to veterans the information
described in paragraph (2), the Secretary shall make available
on a monthly basis such information on a conspicuous location
of the Internet website of the Department; and
(4) submit to Congress on a monthly basis a report that
includes--
(A) a list of all adjudicated covered claims,
including ancillary claims, during the month covered by
the report;
(B) the outcome with respect to each medical
condition included in the claim; and
(C) the reason given for any denial of such a
claim.
(d) Military Sexual Trauma Defined.--In this section:
(1) The term ``covered claim'' has the meaning given that
term in section 1164(c)(1) of title 38, United States Code, as
added by subsection (a)(1).
(2) The term ``military sexual trauma'' has the meaning
given that term in section 1164(c)(3) of title 38, United
States Code, as added by subsection (a)(1).
SEC. 3. EXTENSION OF ROUNDING DOWN OF PERCENTAGE INCREASES OF RATES OF
CERTAIN EDUCATIONAL ASSISTANCE.
(a) Montgomery GI Bill.--Section 3015(h)(2) of title 38, United
States Code, is amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2019''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2018''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3564(b) of such title is amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2019''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2018''.
Passed the House of Representatives June 4, 2013.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on May 17, 2013. Ruth Moore Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report to Congress in each of 2014 through 2018 on claims submitted for disabilities based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma during active duty. Includes as a covered mental health condition post-traumatic stress disorder (PTSD), anxiety, depression, or any other mental health diagnosis that the Secretary determines to be related to military sexual trauma. Expresses the sense of Congress that the Secretary should update and improve VA regulations with respect to military sexual trauma by: (1) ensuring that it is specified as an in-service stressor in determining the service-connection of PTSD, and (2) recognizing the full range of physical and mental disabilities that can result from such trauma. Requires each veteran submitting such a claim to be provided the most recently updated regulations concerning such trauma, as well as other information designed to aid such claims. Extends until FY2019 the required rounding to the nearest dollar of VA basic educational assistance and survivors' and dependents' educational assistance. | {"src": "billsum_train", "title": "Ruth Moore Act of 2013"} | 1,767 | 251 | 0.578817 | 1.673679 | 0.687864 | 3.782609 | 7.269565 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemember Employment Protection
Act of 2012''.
SEC. 2. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING
UNDER USERRA.
(a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 4328. Unenforceability of agreements to arbitrate disputes
``(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
``(b) Exceptions.--(1) Subsection (a) shall not apply with respect
to any dispute if, after such dispute arises, the parties involved
knowingly and voluntarily agree to submit such dispute to arbitration.
``(2) Subsection (a) shall not preclude the enforcement of any of
the rights or terms of a valid collective bargaining agreement.
``(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1) shall be determined by a court, rather than
the arbitrator, regardless of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
``(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4327 the following new item:
``4328. Unenforceability of agreements to arbitrate disputes.''.
(c) Application.--The provisions of section 4328 of title 38,
United States Code, as added by subsection (a), shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 3. EXPANSION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
UNIFORMED SERVICES TO INCLUDE PROTECTION FOR ABSENCES
FROM EMPLOYMENT FOR MEDICAL TREATMENT RELATING TO
SERVICE-CONNECTED INJURIES AND ILLNESSES.
(a) In General.--Section 4303(13) of title 38, United States Code,
is amended by inserting ``a period for which a person is absent from a
position of employment for the purpose of medical or dental treatment
for an injury or illness incurred or aggravated in line of duty during
a period of service in the uniformed services,'' after ``for any such
duty,''.
(b) FMLA.--
(1) Rule of construction.--For purposes of that section
4303(13) and each covered provision--
(A) the reference in that section 4303(13) to a
period for which a person is absent from a position of
employment for the purpose of medical or dental
treatment shall not be considered to be a reference to
a period of leave under a covered provision; and
(B) the person's employer shall not designate the
period of absence as such a period of leave,
unless the person requests and obtains the leave under the
corresponding covered provision.
(2) Definition.--In this subsection, the term ``covered
provision'' means--
(A) title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), including the
application of that title under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) and
chapter 5 of title 3, United States Code; and
(B) subchapter V of chapter 63 of title 5, United
States Code.
SEC. 4. SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTORS FOR
REPEATED VIOLATIONS OF EMPLOYMENT OR REEMPLOYMENT RIGHTS
OF MEMBERS OF UNIFORMED SERVICES.
(a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, as amended by section 2, is further amended by adding at
the end the following new section:
``Sec. 4329. Suspension, termination, or debarment of contractors
``(a) Grounds for Suspension, Termination, or Debarment.--Payment
under a contract awarded by a Federal executive agency may be suspended
and the contract may be terminated, and the contractor who made the
contract with the agency may be suspended or debarred in accordance
with the requirements of this section, if the head of the agency
determines that the contractor as an employer has repeatedly failed or
refused to comply with a provision of this chapter.
``(b) Conduct of Suspension, Termination, and Debarment
Proceedings.--A contracting officer who determines in writing that
cause for suspension of payments, termination, or suspension or
debarment exists shall initiate an appropriate action, to be conducted
by the agency concerned in accordance with applicable law, including
Executive Order 12549 or any superseding executive order, the Federal
Acquisition Regulation, and any other regulations prescribed to
implement the law or executive order.
``(c) Effect of Debarment.--A contractor debarred by a final
decision under this section is ineligible for award of a contract by a
Federal executive agency, and for participation in a future procurement
by a Federal executive agency, for a period specified in the decision,
not to exceed 5 years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 43 of such title, as amended by section 2, is further amended
by inserting after the item relating to section 4328, as added by such
section, the following new item:
``4329. Suspension, termination, or debarment of contractor.''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation to carry out section 4329 of
title 38, United States Code, as added by subsection (a).
(d) Effective Date.--Section 4329 of title 38, United States Code,
as added by subsection (a), shall apply with respect to failures and
refusals to comply with provisions of chapter 43 of such title
occurring on or after the date of the enactment of this Act. | Servicemember Employment Protection Act of 2012 - Makes unenforceable any clause of an agreement between an employer and employee requiring arbitration of a dispute arising under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Provides an exception when both parties voluntarily agree to arbitration. Requires any issue as to whether such requirement applies to an arbitration clause to be determined by federal law and the validity or enforceability of an agreement to arbitrate to be determined by a court rather than an arbitrator.
Protects under USERRA an individual who is absent from employment in order to receive medical or dental treatment for an injury or illness incurred or aggravated in the line of duty.
Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the protection and enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes."} | 1,594 | 178 | 0.58066 | 1.726385 | 0.82025 | 3.310345 | 9.234483 | 0.910345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bovine Growth Hormone Milk Labeling
and Residue Test Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Synthetic recombinant bovine growth hormone (in this
section referred to as ``synthetic BGH'') is a product of
genetic engineering and is the first food product of genetic
engineering to be in direct widespread use in the consumer
marketplace and to be ingested in significant amounts by
infants and children.
(2) Synthetic BGH injections in dairy cows result in a
residue of synthetic BGH in the milk produced by injected cows.
(3) Synthetic BGH injections of dairy cows result in
increased levels of bovine insulin-like growth factor in the
milk produced by injected cows. According to the American
Medical Association and others, further studies are required to
determine whether human ingestion of higher than normal levels
of bovine insulin-like growth factor is safe.
(4) Synthetic BGH injections result in a variety of health
problems in injected cows, including significant increases in
mastitis (an infection of the cow's udder that results in
visibly abnormal milk).
(5) The cow health problems resulting from synthetic BGH
injections will result in a significant increased use of
antibiotics in injected cows. Many of the antibiotics used to
treat mastitis in dairy cows are not detected in the usual milk
monitoring process. The Food and Drug Administration determined
that synthetic BGH poses a ``manageable risk'' to consumers
because of the increased risk of antibiotics entering the
consumer milk supply.
(6) Consumers are concerned about hormones and antibiotics
in their food and humane treatment of animals and have shown
overwhelming support for labeling of milk and milk products
produced with synthetic BGH.
(7) According to the Office of Management and Budget,
synthetic BGH use will result in an increase in Federal budget
costs of over $500,000,000 in the next 5 years and a decrease
in overall dairy farm income of $1.3 billion dollars in that
same period.
(8) As of 1994, the European Community had a moratorium on
the commercial use of synthetic BGH and the Canadian Parliament
had recommended a similar moratorium. Australia and New
Zealand, where one quarter of the world's milk is produced,
refused to approve synthetic BGH.
(9) Consumers have a right to know if the milk they consume
has been produced with synthetic BGH.
(10) Both States and individual companies have begun to
take actions to label products produced with synthetic BGH.
(11) Confusion surrounding label claims and regulations
have resulted in lawsuits against States and companies who have
implemented label programs.
(12) There is a need for a common label to provide
consumers across the country with a simple and accessible means
of identifying milk produced with synthetic BGH.
(13) A synthetic BGH residue test is needed to validate
label claims in order to ensure consumers that the labels are
truthful and not misleading.
(14) A residue test is generally required when a drug is
found to leave a residue in a human food product.
(15) Scientific organizations, including the American
Medical Association and the Consumers Union, have stated that a
synthetic BGH residue test can be devised. Much of the
preliminary research for a test has already been completed.
Claims have been made that a test already has been successfully
developed in a lab.
SEC. 3. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic Act is amended
by adding at the end the following:
``(s)(1)(A) If it is milk that--
``(i) is intended for human consumption; and
``(ii)(I) is produced by cows that have been injected with
synthetic BGH; or
(II) has been commingled with milk produced by such
cows,
unless the labeling of the milk bears the following statement:
`This milk was produced by cows injected with synthetic BGH.'
``(B) If it is a milk product that is intended for human
consumption and is derived from milk described in subparagraph (A),
unless the labeling of the milk product bears the following statement:
`This milk product was derived from milk produced by cows injected with
synthetic BGH.'
``(2)(A) A person who sells synthetic BGH, purchases the hormone,
distributes the hormone, or injects the hormone into a cow shall
prepare and maintain records that comply with the regulations issued by
the Secretary under subparagraph (B).
``(B) Not later than 30 days after the date of enactment of this
paragraph, the Secretary shall issue regulations that require--
``(i) persons who sell synthetic BGH;
``(ii) persons who purchase synthetic BGH;
``(iii) persons who distribute synthetic BGH; and
``(iv) persons who inject synthetic BGH into cows,
to create and maintain records that contain the applicable information
specified in subparagraph (C).
``(C) Regulations issued under subparagraph (B) shall require
records to contain a description of--
``(i) the quantity and source of the synthetic BGH obtained
(by manufacture, purchase, or any other means);
``(ii) the date on which the hormone was obtained; and
``(iii) the identity of each person to whom the hormone was
sold or otherwise distributed, the cows into which any portion
of the hormone was injected, and each person who has an
operator or ownership interest in the cows.
``(3) Not later than 30 days after the date of enactment of this
paragraph, the Secretary shall issue regulations that establish--
``(i) requirements with respect to the sale, distribution,
and administration of synthetic BGH; and
``(ii) such other requirements with respect to the use of
synthetic BGH as the Secretary may determine to be necessary to
carry out the objectives of this Act.
``(4) As used in this paragraph--
``(i) The term `synthetic BGH' means--
``(I) a substance described as bovine somatotropin,
bST, BST, bGH, or BGH; and
``(II) a growth hormone, intended for use in bovine
animals, that has been produced through recombinant DNA
techniques.
``(ii) The term `cow' means a bovine animal.''.
SEC. 4. RESIDUE TEST.
(a) In General.--At the earliest possible date, the Secretary of
Health and Human Services (acting through the Commissioner of Food and
Drugs) shall develop a scientifically valid synthetic BGH residue test
to--
(1) detect the presence of the residue of synthetic BGH in
milk produced from cows injected with such hormone, and
(2) assure compliance with section 403(s) of the Federal
Food, Drug, and Cosmetic Act.
After the test is developed the Secretary shall make the test available
to public health and agricultural agencies of the States and
commercially available at the lowest possible cost to dairy producers
and processors.
(b) Definitions.--As used in subsection (a):
(1) The term ``synthetic BGH'' means--
(A) a substance described as bovine somatotropin,
bST, BST, bGH, or BGH; and
(B) a growth hormone, intended for use in bovine
animals, that has been produced through recombinant DNA
techniques.
(2) The term ``cow'' means a bovine animal. | Bovine Growth Hormone Milk Labeling and Residue Test Act - Amends the Federal Food, Drug, and Cosmetic Act to impose labeling requirements on milk and milk products intended for human consumption produced from cows treated with synthetic bovine growth hormone (BGH).
Directs the Secretary of Agriculture to issue regulations for recordkeeping by persons who sell, purchase, distribute, or use synthetic BGH.
Directs the Secretary of Health and Human Services to develop a detection test for synthetic BGH residues in milk. | {"src": "billsum_train", "title": "Bovine Growth Hormone Milk Labeling and Residue Test Act"} | 1,685 | 112 | 0.489541 | 1.19923 | 0.596223 | 3.076087 | 16.836957 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Benefit Fairness Act of
2004''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act (42 U.S.C. 423(a)(1)) is amended by
striking ``(i) for each month'' and all that follows through
``the first month in which he is under such disability'' and
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended
by striking ``in--'' and all that follows through ``and
as though'' and inserting the following: ``in the first
month for which such individual becomes entitled to
such disability insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is
amended by striking ``subparagraph (A) or (B) of such
sentence, as the case may be'' and inserting ``such
sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act (42 U.S.C. 423(c)) is amended to read as
follows: ``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act (42
U.S.C. 423(c)(1)) is amended by striking ``For
purposes of subparagraph (B) of this paragraph,
when the number of quarters'' in the last
sentence and inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act (42
U.S.C. 402(e)(1)(F)) is amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act (42 U.S.C. 402(e)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (5), (6), (7), and (8), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act (42 U.S.C. 402(f)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (6), (7), and (8), respectively.
(d) Elimination of Waiting Period for Commencement of Periods of
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended by striking ``, but only'' and all that follows and
inserting a period.
(e) Effective Dates.--The amendments made by subsection (a) shall
apply only with respect to benefits under section 223 of the Social
Security Act, or under section 202 of such Act on the basis of the
wages and self-employment income of an individual entitled to benefits
under such section 223, for months after the third month following the
month in which this Act is enacted. The amendments made by subsections
(b) and (c) shall apply only with respect to benefits based on
disability under subsection (e) or (f) of section 202 of the Social
Security Act (42 U.S.C. 402) for months after the third month following
the month in which this Act is enacted. The amendment made by
subsection (d) shall apply only with respect to applications for
disability determinations filed under title II of the Social Security
Act on or after the 90th day following the date of the enactment of
this Act.
SEC. 3. ELIMINATION OF RECONSIDERATION IN THE REVIEW PROCESS GOVERNING
DECISIONS ON BENEFIT ENTITLEMENT.
(a) In General.--Section 205(b)(1) of the Social Security Act (42
U.S.C. 405(b)(1)) is amended by adding at the end the following new
sentence: ``Opportunity for a hearing under this title in accordance
with this subsection with respect to any initial decision or
determination under this title shall be available without any
requirement for intervening reconsideration.''.
(b) Conforming Amendments.--Section 205(b) of such Act is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply with respect to initial decisions and determinations (subject to
opportunity for a hearing to the extent provided under section 205(b)
of the Social Security Act) issued after 1 year after the date of the
enactment of this Act. | Disability Benefit Fairness Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability; and (2) eliminate any intervening reconsideration from the review process governing decisions on benefit entitlement. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to eliminate the 5-month waiting period for entitlement to disability benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions and subsequent hearings on the record on such decisions."} | 1,475 | 93 | 0.473954 | 1.144544 | 0.600612 | 2.7 | 14.7625 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emerald Ash Borer Municipality
Assistance Act of 2007''.
SEC. 2. EMERALD ASH BORER REVOLVING LOAN FUND.
(a) Definitions.--In this section:
(1) Authorized equipment.--
(A) In general.--The term ``authorized equipment''
means any equipment necessary for the management of
forest land.
(B) Inclusions.--The term ``authorized equipment''
includes--
(i) cherry pickers;
(ii) equipment necessary for--
(I) the construction of staging and
marshalling areas;
(II) the planting of trees; and
(III) the surveying of forest land;
(iii) vehicles capable of transporting
harvested trees;
(iv) wood chippers; and
(v) any other appropriate equipment, as
determined by the Secretary.
(2) Fund.--The term ``Fund'' means the Emerald Ash Borer
Revolving Loan Fund established by subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Deputy Chief of the State
and Private Forestry organization.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Emerald Ash
Borer Revolving Loan Fund'', consisting of such amounts as are
appropriated to the Fund under subsection (f).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide loans under subsection (e).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this section.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Uses of Fund.--
(1) Loans.--
(A) In general.--The Secretary shall use amounts in
the Fund to provide loans to eligible units of local
government to finance purchases of authorized equipment
to monitor, remove, dispose of, and replace infested
trees that are located--
(i) on land under the jurisdiction of the
eligible units of local government; and
(ii) within the borders of quarantine areas
infested by the emerald ash borer.
(B) Maximum amount.--The maximum amount of a loan
that may be provided by the Secretary to an eligible
unit of local government under this subsection shall be
the lesser of--
(i) the amount that the eligible unit of
local government has appropriated to finance
purchases of authorized equipment to monitor,
remove, dispose of, and replace infested trees
that are located--
(I) on land under the jurisdiction
of the eligible unit of local
government; and
(II) within the borders of a
quarantine area infested by the emerald
ash borer; or
(ii) $5,000,000.
(C) Interest rate.--The interest rate on any loan
made by the Secretary under this paragraph shall be a
rate equal to 2 percent.
(D) Report.--Not later than 180 days after the date
on which an eligible unit of local government receives
a loan provided by the Secretary under subparagraph
(A), the eligible unit of local government shall submit
to the Secretary a report that describes each purchase
made by the eligible unit of local government using
assistance provided through the loan.
(2) Loan repayment schedule.--
(A) In general.--To be eligible to receive a loan
from the Secretary under paragraph (1), in accordance
with each requirement described in subparagraph (B), an
eligible unit of local government shall enter into an
agreement with the Secretary to establish a loan
repayment schedule relating to the repayment of the
loan.
(B) Requirements relating to loan repayment
schedule.--A loan repayment schedule established under
subparagraph (A) shall require the eligible unit of
local government--
(i) to repay to the Secretary of the
Treasury, not later than 1 year after the date
on which the eligible unit of local government
receives a loan under paragraph (1), and
semiannually thereafter, an amount equal to the
quotient obtained by dividing--
(I) the principal amount of the
loan (including interest); by
(II) the total quantity of payments
that the eligible unit of local
government is required to make during
the repayment period of the loan; and
(ii) not later than 20 years after the date
on which the eligible unit of local government
receives a loan under paragraph (1), to
complete repayment to the Secretary of the
Treasury of the loan made under this section
(including interest).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
SEC. 3. COOPERATIVE AGREEMENTS RELATING TO EMERALD ASH BORER PREVENTION
ACTIVITIES.
Any cooperative agreement entered into after the date of enactment
of this Act between the Secretary of Agriculture and a State relating
to the prevention of emerald ash borer infestation shall allow the
State to provide any cost-sharing assistance or financing mechanism
provided to the State under the cooperative agreement to a unit of
local government of the State that--
(1) is engaged in any activity relating to the prevention
of emerald ash borer infestation; and
(2) is capable of documenting each emerald ash borer
infestation prevention activity generally carried out by--
(A) the Department of Agriculture; or
(B) the State department of agriculture that has
jurisdiction over the unit of local government. | Emerald Ash Borer Municipality Assistance Act of 2007 - Establishes in the Treasury the Emerald Ash Borer Revolving Loan Fund.
Directs the Secretary of Agriculture to use Fund amounts for loans to eligible local government units for purchases of equipment to monitor, dispose of, and replace infested trees on local government land within quarantine areas infested by the emerald ash borer. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture, acting through the Deputy Chief of State and Private Forestry organization, to provide loans to eligible units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located on land under the jurisdiction of the eligible units of local government and within the borders of quarantine areas infested by the emerald ash borer, and for other purposes."} | 1,371 | 88 | 0.525605 | 1.423766 | 0.579732 | 3.636364 | 18.787879 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Right To Know Act''.
SEC. 2. MATERIAL TO BE INCLUDED IN ANNUAL REPORT OF TRUSTEES.
Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is
amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``under paragraph (2)'' and inserting
``under subparagraph (B)'';
(3) by inserting ``(1)'' after ``(c)'';
(4) by redesignating the undesignated text following
subparagraph (E) (as redesignated by paragraph (1) of this
section) as paragraph (2);
(5) by moving the last sentence of paragraph (2) (as
redesignated by paragraph (4) of this section) so that it
follows the fifth sentence of paragraph (1) (as redesignated by
paragraph (3) of this section);
(6)(A) by moving the text of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section) beginning with ``shall be printed'' and ending with
``report is made'' so that it follows ``above'' in the first
sentence of paragraph (2) (as redesignated by paragraph (4) of
this section);
(B) by striking the remainder of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section); and
(C) by inserting ``and'' after the text so moved;
(7) in the fourth sentence of paragraph (2) (as
redesignated by paragraph (4) of this section), by striking
``Such report shall also include an'' and inserting the
following:
``(C) An'';
(8) in the third sentence of paragraph (2) (as redesignated
by paragraph (4) of this section), by striking ``Such report
shall include an'' and inserting the following:
``(B) An'';
(9) in the first sentence of paragraph (2) (as redesignated
by paragraph (4) of this section)--
(A) by striking ``(2) above'' after ``paragraph''
and inserting ``(1)(B)''; and
(B) by striking ``shall include a statement'' and
inserting ``shall include the following:
``(A) A statement'';
(10) by inserting after subparagraph (C) (as redesignated
by paragraph (7) of this section) the following:
``(D) A statement, in terms of inflation-adjusted dollars,
present discounted value, and nominal dollars, of--
``(i) the aggregate amount of the unfunded long-
term projected liability of the social security system
and any change in that amount from the preceding year;
and
``(ii) the amount of deficit or surplus that the
social security system will run in the last year of
such long-term projection period, with any aggregate
assets or liabilities held by the Trust Funds in that
final projected year.
``(E) The economic model and relevant data used to make the
financial projections required to be reported under this
paragraph, including any changes in the model and data from the
preceding year.
``(F) A conspicuous summary of the items required by
clauses (i) and (ii) of subparagraph (D), in terms of
inflation-adjusted dollars.
``(G) An explanation that states in substance that the
Trust Funds balances reflect resources authorized by Congress
to pay future social security benefits, but do not consist of
real economic assets that can be used in the future to fund
benefits, and that such balances are claims against the United
States Treasury that, when redeemed, must be financed through
increased taxes, public borrowing, benefit reduction, or
elimination of other Federal expenditures.''.
SEC. 3. MATERIAL TO BE INCLUDED IN SOCIAL SECURITY ACCOUNT STATEMENT.
Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a))
is amended--
(1) in paragraph (2)(C) by striking ``and'';
(2) in paragraph (2)(D) by striking the period and
inserting ``; and'';
(3) in paragraph (2), by adding at the end the following
new subparagraph:
``(E)(i) as determined by the Chief Actuary of the Social
Security Administration--
``(I) a comparison of the annual social security
tax inflows (including amounts appropriated under
subsections (a) and (b) of section 201 of this Act and
section 121(e) of the Social Security Amendments of
1983 (26 U.S.C. 401 note)) to the amount paid in
benefits annually; and
``(II) a statement whether the ratio described in
subclause (I) will result in a cash flow deficit and
what year any such deficit will commence, as well as
the first year in which funds in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund will cease to be
sufficient to cover any such deficit and the percentage
of benefits due at that time that could be paid from
the annual social security tax inflows (as that term is
used in subclause (I));
``(ii) the explanation required by section 201(c)(2)(G);
and
``(iii) an explanation, in simple and easily understood
terms, of the average rate of return that a taxpayer can expect
to receive on old-age insurance benefits as compared to the
total amount of social security taxes a taxpayer expects to
pay, including the inflation-adjusted average rate of return
for workers born in every year beginning with 1900, set out in
chart or graph form, with an explanatory caption or legend, as
determined by the Chief Actuary of the Social Security
Administration.''.
SEC. 4. USE OF CONTINUOUS WORK HISTORY SAMPLE FOR STATISTICAL RESEARCH.
(a) Data To Be Made Available.--Notwithstanding any other provision
of law, the Social Security Administration shall make available to the
public the Continuous Work History Sample (referred to in this section
as the ``CWHS'') data administered by such Administration subject to
the restrictions provided for in subsections (b) and (c).
(b) Limitations on Release of Data.--The Office of Research and
Statistics of the Social Security Administration shall make statistical
samples of individual records from the CWHS available to a user if the
user--
(1) agrees to make use of the data from the CWHS solely for
the purpose of conducting statistical research activities;
(2) agrees in writing to such conditions as may be
reasonably determined by the Commissioner of the Social
Security Administration to be necessary to ensure that data
from the CWHS is not made available in individually
identifiable form; and
(3) fully reimburses the Office of Research and Statistics
for the cost of supplying the data.
(c) No Personally Identifiable Information.--To protect privacy,
the Office of Research and Statistics of the Social Security
Administration shall remove all identifiers which can link CWHS records
to the identity of an individual respondent prior to the release of the
data.
(d) Definitions.--In this section--
(1) the term ``Continuous Work History Sample'' means the
statistical sample of individual administrative records held by
the Social Security Administration; and
(2) the term ``user'' means any individual or legal entity,
including an employee of the Federal Government, who receives
access to the Continuous Work History Sample. | Social Security Right To Know Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require a certain annual report by the Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance Trust Funds on the operation and status of such Funds to include information on: (1) the unfunded long-term projected liability of the Social Security system and any change in such amount from the preceding year as well as the deficit or surplus that the system will run in the last year of the long-term projection period, with any aggregate assets or liabilities held by the Trust Funds in that final projected year; and (2) the economic model and relevant data used to make such projections.Requires Social Security account statements to contain: (1) a comparison of the annual Social Security tax inflows to the amount paid annually in benefits; and (2) a statement of whether the ratio will result in a cash flow deficit, what year such deficit will commence as well as the first year in which funds in the Trust Funds will cease to be sufficient to cover the deficit, and the percentage of benefits due at that time that could be paid from annual tax inflows. Requires account statements also to explain the average rate of return that a taxpayer can expect to receive on old- age insurance benefits as compared to the total amount of Social Security taxes a taxpayer expects to pay.Makes Social Security Administration Continuous Work History Sample data publicly available for statistical research purposes subject to certain limitations. | {"src": "billsum_train", "title": "To modify the annual reporting requirements of the Social Security Act, and for other purposes."} | 1,690 | 331 | 0.457849 | 1.362319 | 0.612725 | 4.607383 | 5.389262 | 0.936242 |
SECTION 1. TREATMENT OF PROGRAM GUIDANCE RELATING TO THE AWARD OF POST-
DEPLOYMENT/MOBILIZATION RESPITE ABSENCE ADMINISTRATIVE ABSENCE DAYS TO
MEMBERS AND FORMER MEMBERS OF THE RESERVE COMPONENTS UNDER DOD
INSTRUCTION 1327.06.
(a) Discretion of the Secretary of Defense.--The Secretary of
Defense may determine that the changes made by the Secretary to the
Program Guidance relating to the award of Post-Deployment/Mobilization
Respite Absence program administrative absence days or other benefits
described in subsection (b) to members and former members of the
reserve components under DOD Instruction 1327.06 effective as of
October 1, 2011, shall not apply to a member of a reserve component, or
former member of a reserve component, whose qualified mobilization (as
described in such program guidance) commenced before October 1, 2011,
and continued on or after that date until the date the mobilization is
terminated.
(b) Authorized Benefits.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned may provide a member or
former member of the Armed Forces described in subsection (a) with one
of the following benefits:
(1) In the case of an individual who is a former member of the
Armed Forces at the time of the provision of benefits under this
section, payment of an amount not to exceed $200 for each day the
individual would have qualified for a day of administrative absence
had the changes made to the Program Guidance described in
subsection (a) not applied to the individual, as authorized by such
subsection.
(2) In the case of a member of the Armed Forces on active duty
at the time of the provision of benefits under this section, either
one day of administrative absence or payment of an amount not to
exceed $200, as selected by the member, for each day the member
would have qualified for a day of administrative absence had the
changes made to the Program Guidance described in subsection (a)
not applied to the member, as authorized by such subsection.
(3) In the case of a member of the Armed Forces serving in the
Selected Reserve, Inactive National Guard, or Individual Ready
Reserve at the time of the provision of benefits under this
section, either one day of administrative absence to be retained
for future use or payment of an amount not to exceed $200, as
selected by the member, for each day the member would have
qualified for a day of administrative absence had the changes made
to the Program Guidance described in subsection (a) not applied to
the member, as authorized by such subsection.
(c) Exclusion of Certain Former Members.--An individual who is a
former member of the Armed Forces is not eligible under this section
for the benefits specified in subsection (b)(1) if the individual was
discharged or released from the Armed Forces under other than honorable
conditions.
(d) Form of Payment.--The payments authorized by subsection (b) may
be paid in a lump sum or installments, at the election of the Secretary
concerned.
(e) Relation to Other Pay and Leave.--The benefits provided to a
member or former member of the Armed Forces under this section are in
addition to any other pay, absence, or leave provided by law.
(f) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of the Secretary concerned to provide
days of administrative absence not chargeable against available
leave to certain deployed or mobilized members of the Armed Forces
in order to assist such members in reintegrating into civilian life
after deployment or mobilization.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(5) of title 37, United States Code.
(g) Commencement and Duration of Authority.--
(1) Commencement.--The authority to provide days of
administrative absence under paragraphs (2) and (3) of subsection
(b) begins on the date of the enactment of this Act and the
authority to make cash payments under such subsection begins,
subject to subsection (h), on October 1, 2012.
(2) Expiration.--The authority to provide benefits under this
section expires on October 1, 2014.
(3) Effect of expiration.--The expiration date specified in
paragraph (2) shall not affect the use, after that date, of any day
of administrative absence provided to a member of the Armed Forces
under subsection (b) before that date or the payment, after that
date, of any payment selected by a member or former member of the
Armed Forces under such subsection before that date.
(h) Cash Payments Subject to Availability of Appropriations.--No
cash payment may be made under subsection (b) unless the funds to be
used to make the payments are available pursuant to an appropriations
Act enacted after the date of enactment of this Act.
(i) Funding Offset.--The Secretary of Defense shall transfer
$4,000,000 from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e) of title
10, United States Code, to the Miscellaneous Receipts Fund of the
United States Treasury.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on May 15, 2012. The summary of that version is repeated here.)
Authorizes the Secretary of Defense to determine that the changes made to the program guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days or other authorized benefits described herein to members and former members of the reserves under a specified Department of Defense (DOD) instruction shall not apply to current or former reservists whose qualified mobilization commenced before October 1, 2011, and continued until the termination of the mobilization. Includes within such authorized benefits: (1) the payment of up to $200 per day for each day the individual would have qualified for a day of administrative absence had the above changes not applied to the individual, in the case of a former member of the Armed Forces; (2) either one day of administrative absence or up to $200 per day as described above, in the case of a member on active duty at the time of the provision of benefits; and (3) either one day of administrative absence to be retained for future use or up to $200 per day as described above, in the case of a member serving in the Selected Reserve, Inactive National Guard, or Individual Ready Reserve at the time of the provision of benefits. Excludes such additional benefits for former members discharged or released under other than honorable conditions.
Terminates the benefit authority under this Act on October 1, 2014.
Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund as a funding offset for such benefits. | {"src": "billsum_train", "title": "To modify the Department of Defense Program Guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserve components to exempt any member whose qualified mobilization commenced before October 1, 2011, and continued on or after that date, from the changes to the program guidance that took effect on that date."} | 1,172 | 336 | 0.776304 | 2.302918 | 0.760356 | 3.971246 | 3.364217 | 0.872204 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.