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SECTION 1. CHARTER.
The Ukrainian American Veterans, Incorporated, organized and
incorporated under the laws of the State of New York, is hereby
recognized and granted a Federal charter.
SEC. 2. POWERS.
The corporation shall have only the powers granted to it through
its bylaws and articles of incorporation filed in the States in which
it is incorporated and subject to the laws of such States.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its articles
of incorporation and include a commitment, on a national basis, to--
(1) preserve, protect, and defend the Constitution of the
United States;
(2) commemorate the wars, campaigns, and military actions
of the United States in order to reflect respect, honor, and
tribute for the dead and the surviving veterans;
(3) give individuals throughout the Nation a greater
understanding of and appreciation for the sacrifices of the
people who participated in any military action on behalf of
individuals throughout the United States;
(4) stimulate, to the highest degree possible, the interest
of the entire Nation in the problems of veterans, their widows,
and orphans;
(5) collect, edit, publish, and preserve records and
mementos of patriotic service of veterans of the Armed Forces
of the United States; and
(6) foster the association of veterans of Ukrainian descent
who have served in the Armed Forces of the United States.
SEC. 4. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation may inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of
this charter. No provision in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer or director
of the corporation, acting as such officer or director, may not
contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(e) Claims of Federal Approval.--The corporation may not claim the
approval of the Congress or the authorization of the Federal Government
for any of its activities.
(f) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
New York.
(g) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, and historical organization under the
laws of the States in which it is incorporated.
SEC. 5. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever the officers, directors,
employees, and agents act within the scope of their authority.
SEC. 6. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep, at
its principal office, a record of the names of all members having the
right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--No provision of this section may be
construed to contravene any applicable State law.
SEC. 7. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under the Federal
law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding
at the end the following: ``Ukrainian American Veterans,
Incorporated.''.
SEC. 8. ANNUAL REPORT.
The corporation shall annually submit to the Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted at the same time as
is the report of the audit required by section 7. The report shall not
be printed as a public document.
SEC. 9. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER.
The right to amend or repeal this Act is expressly reserved to the
Congress.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) the term ``corporation'' means the Ukrainian American
Veterans, Incorporated; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, or any other territory or possessions of the
United States.
SEC. 11. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 12. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any provisions of this Act. | Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York). | {"src": "billsum_train", "title": "To recognize the organization known as the Ukrainian American Veterans, Incorporated."} | 1,241 | 31 | 0.522899 | 1.321648 | -0.006667 | 4.777778 | 42.888889 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Club Drug Abuse
Reduction Act''.
TITLE I--INTERAGENCY CLUB DRUG TASK FORCE
SEC. 101. INTERAGENCY TASK FORCE.
(a) Establishment.--There is established a ``Club Drug Task Force''
(referred to in this title as the ``interagency task force'') which
shall consist of the following members:
(1) The Attorney General, or a designee, who shall serve as
chair.
(2) 2 representatives selected by the Attorney General.
(3) The Secretary of Education or a designee.
(4) The Secretary of Health and Human Services or a
designee.
(5) 2 representatives of State and local law enforcement
and regulatory agencies, to be selected by the Attorney
General.
(6) 2 representatives selected by the Secretary of Health
and Human Services.
(7) 5 nongovernmental experts in drug abuse prevention and
treatment to be selected by the Attorney General.
(b) Responsibilities.--The interagency task force shall be
responsible for designing, implementing, and evaluating the education
and prevention and treatment practices and strategies of the Federal
Government in conjunction with State, local, and community leaders with
respect to club drugs and other synthetic stimulants.
(c) Meetings.--The interagency task force shall meet at least once
every 6 months.
(d) Funding.--The administrative expenses of the interagency task
force shall be paid out of existing Department of Justice
appropriations.
(e) FACA.--The Federal Advisory Committee Act (5 U.S.C. App. 2)
shall apply to the interagency task force.
(f) Termination.--The interagency task force shall terminate 4
years after the date of enactment of this Act.
SEC. 102. PUBLIC HEALTH MONITORING.
The Secretary of Health and Human Services shall develop a public
health monitoring program to monitor club drugs in the United States.
The program shall include the collection and dissemination of data
related to club drug abuse which can be used by public health officials
in policy development.
SEC. 103. DEFINITION.
As used in this title, the term ``club drug'' means a primary
synthetic that includes 3,4-methylenedioxymethamphetamine (MDMA),
Katamine, Gamma Hydroxybutyrate (GHB), Gamma Butyrolactone (GBL),
Flunitrazepam (Rohypnol), d-lysergic acid diethylamide (LSD),
Phencyclidine (PCP), or methamphetamine.
TITLE II--EXPANDING CLUB DRUG ABUSE PREVENTION EFFORTS
SEC. 201. GRANTS BY CENTER FOR SUBSTANCE ABUSE PREVENTION.
Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21)
is amended by adding at the end the following subsection:
``(e) Prevention of Club Drug Abuse and Addiction.--
``(1) Grants.--The Director of the Prevention Center may
make grants to and enter into contracts and cooperative
agreements with public and nonprofit private entities to enable
such entities--
``(A) to carry out school-based programs concerning
the dangers of club drug abuse and addiction, using
methods that are effective and evidence-based,
including initiatives that give students the
responsibility to create their own anti-drug abuse
education programs for their schools; and
``(B) to carry out community-based club drug abuse
and addiction prevention programs that are effective
and evidence-based.
``(2) Use of funds.--Amounts made available under a grant,
contract or cooperative agreement under paragraph (1) shall be
used for planning, establishing, or administering club drug
prevention programs in accordance with paragraph (3).
``(3) Prevention programs and activities.--
``(A) In general.--Amounts provided under this
subsection may be used--
``(i) to carry out school-based programs
that are focused on those districts with high
or increasing rates of club drug abuse and
addiction and targeted at populations which are
most at risk to start club drug abuse;
``(ii) to carry out community-based
prevention programs that are focused on those
populations within the community that are most
at-risk for club drug abuse and addiction;
``(iii) to assist local government entities
to conduct appropriate club drug prevention
activities;
``(iv) to train and educate State and local
law enforcement officials, prevention and
education officials, members of community anti-
drug coalitions and parents on the signs of
club drug abuse and addiction and the options
for treatment and prevention;
``(v) for planning, administration, and
educational activities related to the
prevention of club drug abuse and addiction;
``(vi) for the monitoring and evaluation of
club drug prevention activities, and reporting
and disseminating resulting information to the
public; and
``(vii) for targeted pilot programs with
evaluation components to encourage innovation
and experimentation with new methodologies.
``(B) Priority.--The Director of the Prevention
Center shall give priority in making grants under this
subsection to rural and urban areas that are
experiencing a high rate or rapid increases in club
drug abuse and addiction.
``(4) Analyses and evaluation.--
``(A) In general.--Not less than $500,000 of the
amount available in each fiscal year to carry out this
subsection shall be made available to the Director of
the Prevention Center, acting in consultation with
other Federal agencies, to support and conduct periodic
analyses and evaluations of effective prevention
programs for club drug abuse and addiction and the
development of appropriate strategies for disseminating
information about and implementing these programs.
``(B) Annual reports.--The Director of the
Prevention Centers shall submit to the Committee on
Energy and Commerce and Committee on Appropriations of
the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, an annual
report with the results of the analyses and evaluation
under subparagraph (A).
``(5) Definition.--For purposes of this subsection, the
term `club drug' means a primary synthetic that includes 3,4-
methylenedioxymethamphetamine (MDMA), katamine, gamma
hydroxybutyrate (GHB), gamma butyrolactone (GBL), flunitrazepam
(Rohypnol), d-lysergic acid diethylamide (LSD), phencyclidine
(PCP), or methamphetamine.
``(6) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2002
and each subsequent fiscal year.''. | Comprehensive Club Drug Abuse Reduction Act - Establishes the Club Drug Task Force, an interagency task force which shall have responsibility for designing, implementing, and evaluating the education and prevention and treatment practices and strategies of the Federal Government in conjunction with State, local, and community leaders with respect to club drugs and other synthetic stimulants.Directs the Secretary of Health and Human Services to develop a public health monitoring program to monitor club drugs in the United States.Amends the Public Health Service Act to authorize the Director of the Prevention Center to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities to: (1) carry out school-based programs concerning the dangers of club drug abuse and addiction, using methods that are effective and evidence-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) carry out community-based club drug abuse and addiction prevention programs that are effective and evidence-based. | {"src": "billsum_train", "title": "To establish a club drug taskforce, and to authorize grants to expand prevention efforts regarding the abuse of club drugs."} | 1,533 | 210 | 0.561248 | 1.667549 | 0.907361 | 7.248731 | 6.741117 | 0.974619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security and Responsibility
Act 2009''.
SEC. 2. PURPOSE.
The purposes of this Act are to provide a means whereby 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.
In this Act:
(a) Indian Tribe.--The term ``Indian tribe'' has the meaning given
such term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(b) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(c) Secretary Concerned.--The term ``Secretary concerned'' means
the Secretary of Agriculture with respect to land under the
jurisdiction of the Secretary of Agriculture, the Secretary of the
Interior with respect to land under the jurisdiction of the Secretary
of the Interior, the Secretary of Defense with respect to land under
the jurisdiction of the Secretary of Defense or the secretary of a
military department, or the Secretary of Commerce with respect to land
under the jurisdiction of the Secretary of Commerce
SEC. 4. BORDER PROTECTION STRATEGY.
(a) Border Protection Strategy.--
(1) In general.--Not later than September 30, 2009, the
Secretary, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Defense, and the Secretary of
Commerce, in consultation with tribal, State, and local
officials, shall jointly develop and submit to Congress a
border protection strategy for the international land borders
of the United States.
(2) Elements of the strategy.--The strategy developed in
accordance with paragraph (1) shall include the following
components:
(A) A comparative analysis of the levels of
operational control, based on auditable and verifiable
data, achievable through alternative tactical
infrastructure and other security measures. Measures
assessed shall include, at a minimum--
(i) pedestrian fencing;
(ii) vehicle barriers, especially in areas
in the vicinity of existing or planned roads;
(iii) additional Border Patrol agents;
(iv) efficacy of natural barriers and open
space in response to unauthorized or unlawful
border crossing;
(v) fielding of advanced remote sensing and
information integration technology, including
the use of unmanned aerial vehicles and other
advanced technologies and systems, including
systems developed and employed, or under
development, for tactical surveillance, multi-
source information integration, and response
analysis in difficult terrain and under adverse
environmental conditions;
(vi) regional as well as urban and rural
variation in border security methodologies, and
incorporation of natural barriers;
(vii) enhanced cooperation with, and
assistance to, intelligence, security, and law
enforcement agencies in Mexico and Canada in
detecting, reporting, analyzing, and
successfully responding to unauthorized or
unlawful border crossings from or into Mexico
or Canada; and
(viii) removal of obstructive non-native
vegetation.
(B) A comprehensive analysis of cost and other
impacts of security measures assessed in subparagraph
(A), including an assessment of--
(i) land acquisition costs, including
related litigation and other costs;
(ii) construction costs, including both
labor and material costs;
(iii) maintenance costs over 25 years;
(iv) contractor costs;
(v) management and overhead costs;
(vi) the impacts on wildlife, wildlife
habitat, natural communities, and functioning
cross-border wildlife migration corridors and
hydrology (including water quantity, quality,
and natural hydrologic flows) on Federal,
tribal, State, local, and private lands along
the border;
(vii) costs of fully mitigating the adverse
impacts to Federal, tribal, State, local, and
private lands, waters (including water quality,
quantity, and hydrological flows), wildlife,
and wildlife habitats, including, where such
action is possible, the full costs of the
replacement or restoration of severed wildlife
migration corridors with protected corridors of
equivalent biological functionality, as
determined by each Secretary concerned, in
consultation with appropriate authorities of
tribal, State, and local governments and
appropriate authorities of Mexico and Canada;
and
(viii) the impacts on culture, safety, and
quality of life on residents in the vicinity of
the border.
(C) A comprehensive compilation of the fiscal
investments in acquiring or managing Federal, tribal,
state, local, and private lands and waters in the
vicinity of, or ecologically related to, the land
borders of the United States that have been acquired or
managed in whole or in part for conservation purposes
(including the creation or management of protected
wildlife migration corridors) in--
(i) units of the National Park System;
(ii) National Forest System land;
(iii) land under the jurisdiction of the
Bureau of Land Management;
(iv) land under the jurisdiction of the
United States Fish and Wildlife Service;
(v) other relevant land under the
jurisdiction of the Department of the Interior
or the Department of Agriculture;
(vi) land under the jurisdiction of the
Department of Defense or the individual
military department;
(vii) land under the jurisdiction of the
Department of Commerce;
(viii) tribal lands;
(ix) State and private lands; and
(x) lands within Mexico and Canada.
(D) Recommendations for strategic border security
management based on comparative security as detailed in
subparagraph (A), the cost-benefit analysis as detailed
in subparagraph (B), as well as protection of
investments in public lands specified in subparagraph
(C).
(3) Training.--
(A) Required training.--The Secretary, in
cooperation with the Secretary concerned, shall
provide--
(i) natural resource protection training
for Customs and Border Protection agents or
other Federal personnel assigned to plan or
oversee the construction or operation of border
security tactical infrastructure or to patrol
land along or in the vicinity of a land border
of the United States; and
(ii) cultural resource training for Customs
and Border Protection agents and other Federal
personnel assigned to plan or oversee the
construction or operation of border security
tactical infrastructure or to patrol tribal
lands.
(B) Additional considerations.--In developing and
providing training under clause (i) of subparagraph
(A), the Secretary shall coordinate with the Secretary
concerned and the relevant tribal government to ensure
that such training is appropriate to the mission of the
relevant agency and is focused on achieving border
security objectives while avoiding or minimizing the
adverse impact on natural and cultural resources
resulting from border security tactical infrastructure,
operations, or other activities.
SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND
BORDERS OF THE UNITED STATES.
(a) In General.--Section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
note) is amended to read as follows:
``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be required to gain operational control of the
international land borders of the United States. Such actions may be
taken only in accordance with the border protection strategy developed
under section 4(a) of the Border Security and Responsibility Act of
2009.
``(b) Priority of Methods.--In carrying out the requirements of
subsection (a), the Secretary of Homeland Security shall, where
practicable, give first priority to the use of remote cameras, sensors,
removal of non-native vegetation, incorporation of natural barriers,
additional manpower, unmanned aerial vehicles, or other low impact
border enforcement techniques.
``(c) Consultation.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, Secretary of Commerce, States, local governments,
tribal governments, and private property owners in the United
States to minimize the impact on the environment, culture,
commerce, safety, and quality of life for the communities and
residents located near the sites at which actions under
subsection (a) are proposed to be taken.
``(2) Rule of construction.--Nothing in this subsection may
be construed to--
``(A) create or negate any right of action for a
State, local government, tribal government, or other
person or entity affected by this subsection;
``(B) affect the eminent domain laws of the United
States or of any State; or
``(C) waive the application of any other applicable
Federal, State, local, or tribal law.
``(3) Limitation on requirements.--Notwithstanding
subsection (a), nothing in this section shall require the
Secretary of Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, or sensors in a particular
location along an international border of the United States if
the Secretary determines that the use or placement of such
resources is not the most effective and appropriate means to
achieve and maintain operational control over the international
border at such location, or if the Secretary determines that
the direct and indirect costs of or the impacts on the
environment, culture, commerce, safety, or quality of life for
the communities and residents along the border likely to result
from the use or placement of such resources outweigh the
benefits of such use or placement.''.
(b) Preconditions.--In fulfilling the requirements of section 102
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by this section, the Secretary of Homeland Security
shall not commence any construction of fencing, physical barriers,
roads, lighting, cameras, sensors, or other tactical infrastructure
along or in the vicinity of an international land border of the United
States, or award or expend funds pursuant to any contract or other
agreement related thereto, prior to 90 days following the submission to
Congress of the border protection strategy required under section 4(a)
of this Act.
SEC. 6. BORDERLANDS MONITORING AND MITIGATION.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, the Secretary of Commerce, and the heads of appropriate State
and tribal wildlife agencies and entities, shall develop and implement
a comprehensive monitoring and mitigation plan to address the
ecological and environmental impacts of border security infrastructure,
measures, and activities along the international land borders of the
United States.
(b) Requirements.--The mitigation plan required under subsection
(a) shall include, at a minimum, measures to address and mitigate the
full range of ecological and environmental impacts of border security
infrastructure, measures, and activities, including--
(1) preserving, maintaining, and, if necessary, restoring
wildlife migration corridors, key habitats, and the
ecologically functional connectivity between and among key
habitats sufficient to ensure that species (whether or not
designated as rare, protected, or of concern) remain viable and
are able to adapt to the impacts of climate change;
(2) addressing control of invasive species and implementing
measures necessary to avoid the spread of such species;
(3) maintaining hydrological functionality, including water
quantity and quality;
(4) incorporating adaptive management, including detailed
provisions for long-term monitoring of the mitigation plan's
effectiveness and for necessary adjustments to such plan based
on such monitoring results; and
(5) protection of cultural and historical resources.
(c) Preemption.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may, subject to paragraph (2), carry out the
mitigation plan required under subsection (a) on any Federal,
State, local, tribal, or private lands in the vicinity of or
ecologically related to an international land border of the
United States regardless of which individual, agency, or entity
has ownership of or principal responsibility for the management
of any such lands.
(2) Conditions.--Activities carried out pursuant to
paragraph (1) in connection with the mitigation plan shall be
carried out in full consultation with, and with the concurrence
of, the owner of, or entity with principal responsibility for,
the management of the lands described in such paragraph.
(d) Administration.--
(1) Authorization.--The Secretary of Homeland Security may
transfer funds of the Department of Homeland Security to other
Federal agencies for--
(A) expenditure under programs (including any
international programs) of such agencies that are
designed to fund conservation related activities
(directly or through grants or similar mechanisms) on
non-Federal lands, including land acquisition programs;
and
(B) mitigation activities on Federal lands managed
by such agencies, if such activities are required to
implement the mitigation plan required under subsection
(a) and if the costs of such activities are higher than
the costs associated with managing such lands in the
absence of such activities.
(2) Exemption from reprogramming requirements.--Funds
transferred pursuant to the authorization under paragraph (1)
shall not be subject to reprogramming requirements.
(3) Acceptance and use of donations.--The Secretary may
accept and use donations for the purpose of developing and
implementing the mitigation plan required under subsection (a),
and may transfer such funds to any other Federal agency for
expenditure under such plan pursuant to paragraph (1).
(e) Authorization of Appropriations.--Notwithstanding any other
provision of law, funds appropriated to the Department of Homeland
Security for border security infrastructure and activities may be used
by the Secretary to develop and implement the mitigation plan required
under subsection (a). | Border Security and Responsibility Act 2009 - Directs the Secretary of Homeland Security (Secretary), the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, state, and local officials, to submit to Congress a border protection strategy for the international land borders of the United States. Specifies strategy elements.
Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise international land border security provisions, including: (1) eliminating existing southwest border fencing requirements; (2) requiring that border control actions be in accordance with the border strategy required under this Act; and (3) giving priority to the use of remote cameras, sensors, removal of nonnative vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques.
Prohibits construction of border fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure prior to 90 days after such border strategy's submission to Congress.
Directs the Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate state and tribal wildlife agencies, to implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of security infrastructure and activities along the international land borders of the United States. Specifies plan requirements. | {"src": "billsum_train", "title": "To provide for the establishment of a border protection strategy for the international land borders of the United States, to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States, and for other purposes."} | 2,919 | 295 | 0.629108 | 1.755386 | 0.832638 | 6.215328 | 10.394161 | 0.952555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniting Neighborhoods and
Individuals To Eliminate Racial Profiling Act'' or ``UNITE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The overwhelming majority of Federal, State, and local
law enforcement officers throughout the Nation discharge their
duties professionally and without bias.
(2) A large majority of individuals subjected to traffic
stops and other law enforcement activities based on race,
ethnicity, or national origin are found to be law abiding, in
which case racial profiling is not an effective means to
uncover criminal activity.
(3) Racial profiling violates the equal protection clause
of the United States Constitution.
(4) Using race, ethnicity, or national origin as a proxy
for criminal suspicion violates the constitutional requirement
that police and other government officials accord to all
citizens the equal protection of the law. Arlington Heights v.
Metropolitan Housing Development Corporation, 429 U.S. 252
(1977).
(5) Racial profiling fosters discord in communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered grant program.--The term ``covered grant
program'' means any grant program administered by the
Department of Justice.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means a Federal, State, local, or Indian tribal public
agency engaged in the prevention, detection, or investigation
of violations of criminal, immigration, or customs laws.
(3) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, local, or Indian tribal
official responsible for enforcing criminal, immigration, or
customs laws, including police officers and other agents of
Federal, State, and local law enforcement agencies.
(4) Racial profiling.--The term ``racial profiling'' means
any police initiated action that relies on the race, ethnicity,
or national origin rather than the behavior of an individual or
information that leads the police to a particular individual
who has been identified as being, or having been, engaged in
criminal activity.
(5) Racial profiling plan.--The term ``racial profiling
plan'' means the plan developed and implemented by a State or
local law enforcement agency in accordance with this Act.
(6) Task force.--The term ``Task Force'' means the National
Task Force on Racial Profiling established under section 201.
SEC. 4. PROHIBITION ON RACIAL PROFILING.
No Federal, State, or local law enforcement agent or agency shall
engage in racial profiling.
SEC. 5. INTENT OF ACT.
This Act does not and should not impede the ability of Federal,
State, and local law enforcement to protect the country and its people
from any threat, be it foreign or domestic, including matters of
homeland security and the tracking and identification of terrorists
organizations.
TITLE I--PROGRAM TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
SEC. 101. POLICIES TO ELIMINATE RACIAL PROFILING.
(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that encourage racial
profiling.
(b) Policies.--The policies and procedures referred to in
subsection (a) shall include--
(1) a prohibition on racial profiling;
(2) educational training on racial profiling issues as part
of Federal law enforcement training;
(3) procedures for receiving, investigating, and responding
meaningfully to complaints alleging racial profiling by Federal
law enforcement agents of the agency; and
(4) procedures to discipline Federal law enforcement agents
who engage in racial profiling.
TITLE II--PROGRAM TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW
ENFORCEMENT AGENCIES
SEC. 201. NATIONAL TASK FORCE ON RACIAL PROFILING.
(a) Establishment.--There is established within the Department of
Justice, the National Task Force on Racial Profiling.
(b) Duties.--
(1) In general.--The Task Force shall--
(A) establish goals and objectives;
(B) form subcommittees to conduct research, host
meetings, conferences, and symposiums;
(C) establish focus groups to accomplish the goals
and objectives outlined by the Task Force.; and
(D) oversee State-based administrative complaint
procedures.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Task Force shall, based on
information from the subcommittees, hearings, and other
reliable sources, prepare a comprehensive report that outlines
lessons learned and best practices, as well as recommendations
for eliminating racial profiling.
(c) Membership.--
(1) In general.--The Task Force shall consist of--
(A) 1 member appointed by the President, subject to
the approval of the Attorney General and the head of
the Department of Justice Civil Rights division;
(B) 1 member appointed by the Democratic leadership
of the House of Representatives and the Senate;
(C) 1 member appointed by the Republican leadership
of the House of Representatives and the Senate; and
(D) 6 members appointed by the members appointed
under subparagraphs (A), (B), and (C).
(2) Interest categories.--The 6 members appointed under
paragraph (1)(D) shall represent and have expertise in each of
the following categories:
(A) Law enforcement.
(B) Civil rights.
(C) Community or faith-based.
(D) Government.
(E) Political or legislative.
(F) Professional research.
(3) Chairperson.--The member appointed by the President
shall serve as the chairperson of the Task Force and shall have
a permanent office with the Department of Justice.
(4) Period of appointment.--Members of the Task Force shall
serve 2-year terms, with the exception of the chairperson who
shall serve a 4-year term.
(5) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(d) Racial Profiling Education and Awareness Program.--
(1) In general.--The Task Force shall establish an
education and awareness program on racial profiling that
includes information regarding the negative effects of racial
profiling on individuals and law enforcement.
(2) Purposes of program.--The purposes of the program
established under paragraph (1) are to--
(A) encourage State and local law enforcement
agencies to cease existing practices that may promote
racial profiling;
(B) encourage involvement by State and local law
enforcement agencies with the community to address the
problem of racial profiling;
(C) assist State and local law enforcement agencies
in developing and maintaining adequate policies and
procedures to prevent racial profiling; and
(D) assist State and local law enforcement agencies
in developing and implementing internal training
programs to combat racial profiling and foster enhanced
community relations.
(3) Availability.--The program established under paragraph
(1) shall be offered--
(A) to State and local law enforcement agencies;
and
(B) at various regional centers across the country
to ensure that all law enforcement agencies have
reasonable access to the program.
SEC. 202. PLAN TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Plan Required for Grants.--Not later than 12 months after the
date of enactment of this Act, each State and local law enforcement
agency that desires funds under a covered grant program shall include,
with its application for funds, certification that such agency is
developing and is in the process of implementing a plan--
(1) to maintain adequate policies and procedures designed
to eliminate racial profiling; and
(2) that meets the requirements of subsection (b).
(b) Plan Requirements.--
(1) In general.--To meet the requirements of this
subsection, a plan shall--
(A) strictly prohibit law enforcement agents from
engaging in racial profiling;
(B) provide information to the public relating to
the State-based administrative complaint procedures in
section 203;
(C) require appropriate action to be taken against
any law enforcement agent who, after an investigation,
is proven to have engaged in racial profiling in
violation of the agency's plan; and
(D) include educational training on racial
profiling issues as part of law enforcement training.
(c) Implementation of Plan.--Not later than 24 months after the
date of enactment of this Act, each State and local law enforcement
agency that submitted the certification described in subsection (a)
shall certify to the Attorney General that the plan implemented by the
agency meets the requirements of subsection (b).
(d) Plan Revisions.--
(1) In general.--Any revisions to a racial profiling plan
that is developed and implemented by a State or local law
enforcement agency in accordance with this title must be
submitted to the Attorney General for review.
(2) Review.--The Attorney General may, at the Attorney
General's discretion, determine that a State or local law
enforcement agency is not in compliance with the requirements
of subsection (b).
(e) Compliance.--At any time during the implementation or revision
of an agency's racial profiling plan, the Attorney General may, if the
Attorney General determines that the agency or the plan has not met the
requirements of this section--
(1) make recommendations to the State or local law
enforcement agency to assist the agency in developing a plan
that complies with this title; or
(2) withhold the grant that the agency desires, in whole or
in part, until the agency establishes compliance.
SEC. 203. STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES.
(a) Establishment of Grievance Procedures.--A State that desires
funding under a covered grant program shall establish and maintain
State-based administrative complaint procedures that meet the
requirements of subsection (b).
(b) Requirements.--To meet the requirements of this subsection,
complaint procedures shall--
(1) be uniform and nondiscriminatory;
(2) allow any person who believes there has been a
violation of section 4 to file a complaint;
(3) provide that a complaint be sworn in writing, signed by
the person filing the complaint, and notarized;
(4) allow the State to consolidate complaints filed under
paragraph (2);
(5) provide that a hearing may be held, on record, at the
request of the complainant;
(6) provide the appropriate remedy if the State determines
that a violation of section 4 has occurred;
(7) provide that the State shall dismiss the complaint and
publish the results of the procedures if the State determines
that no violation of section 4 occurred;
(8) provide that the State shall make a final determination
with respect to a complaint prior to the expiration of the 90-
day period which begins on the date the complaint is filed,
unless the complainant consents to a longer period for making
such a determination;
(9) provide that if the State fails to meet the deadline
applicable under paragraph (8), the complaint shall be resolved
within 60 days under alternative dispute resolution procedures
established pursuant to this section;
(10) provide that the record and other materials from any
proceedings conducted under the complaint procedures
established by this section shall be made available for use
under the alternative dispute resolution procedures; and
(11) provide a record of all complaints and proceedings to
the Task Force.
(c) Involvement of Attorney General.--If the Task Force makes the
determination that any State or local law enforcement agency or
individual law enforcement agent receives a number of complaints to
indicate possible noncompliance with this Act, the complaints shall be
referred to the Attorney General for further investigation in
accordance with procedures established by the Attorney General.
TITLE III--GRANT PROGRAM TO ELIMINATE RACIAL PROFILING
SEC. 301. GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General, through the Bureau of
Justice Assistance, may make grants to State and local law enforcement
agencies to assist such agencies in developing programs to eliminate
racial profiling.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) shall
be used by State and local law enforcement agencies to--
(1) develop and implement plans to eliminate racial
profiling in accordance with section 202; and
(2) establish and maintain administrative complaint
procedures for racial profiling complaints in accordance with
section 203.
(c) Application.--Each State or local law enforcement agency
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.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Uniting Neighborhoods and Individuals To Eliminate Racial Profiling Act (UNITE Act) - Prohibits any Federal, State, or local law enforcement agent or agency from engaging in racial profiling.
Requires Federal law enforcement agencies to: (1) cease practices that encourage racial profiling; and (2) maintain policies and procedures designed to eliminate racial profiling, including educational training on racial profiling as part of Federal law enforcement training, procedures for responding meaningfully to complaints alleging racial profiling, and procedures to discipline Federal agents who engage in racial profiling.
Establishes within the Department of Justice (DOJ) the National Task Force on Racial Profiling to oversee State-based administrative complaint procedures and to establish an education and awareness program.
Requires: (1) each State and local law enforcement agency that desires funds under any DOJ-administered grant program to certify that it is developing and implementing a plan to to eliminate racial profiling that meets specified requirements; and (2) each State that desires funding to establish and maintain specified State-based administrative complaint procedures.
Authorizes the Attorney General, through the Bureau of Justice Assistance, to make grants to State and local law enforcement agencies to assist them in developing programs to eliminate racial profiling. | {"src": "billsum_train", "title": "A bill to prohibit racial profiling by Federal, State, and local law enforcement agencies."} | 2,917 | 289 | 0.599592 | 1.644434 | 0.844538 | 3.793991 | 11.193133 | 0.961373 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Family Forestland
Preservation Tax Act of 1994''.
(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.
TITLE I--ESTATE TAX PROVISIONS
SEC. 101. ESTATE TAX TREATMENT OF LAND SUBJECT TO QUALIFIED
CONSERVATION EASEMENT.
(a) In General.--Section 2031 (relating to the definition of gross
estate) is amended by redesignating subsection (c) as subsection (d)
and by inserting after subsection (b) the following new subsection:
``(c) Exclusion of Land Subject to a Conservation Easement.--
``(1) In general.--If an executor elects the application of
this subsection, there shall be excluded from the gross estate
the value of any real property--
``(A) which is used in timber operations (as
defined in section 2032A(e)(13)(C)), and
``(B) which is subject to a qualified conservation
easement (reduced by the amount of any indebtedness to
which such land is subject).
``(2) Real property subject to qualified conservation
easement.--For purposes of this subsection:
``(A) In general.--Real property shall be treated
as subject to a qualified conservation easement if the
decedent or a member of the decedent's family has made
a qualified conservation contribution (as defined in
section 170(h)(1)) of a qualified real property
interest described in section 170(h)(2)(C) in such real
property.
``(B) Certain contributions not included.--For
purposes of subparagraph (A), section 170(h)(4)(A)
shall be applied without regard to clause (iv) thereof
in determining whether there is a qualified
conservation contribution.
``(C) Family member.--For purposes of subparagraph
(A), the term `member of the decedent's family' has the
same meaning given such term by section 2032A(e)(2).
``(3) Election.--An election under paragraph (1) shall be
made on the return of tax imposed by section 2001. Such an
election, once made, shall be irrevocable.''
(b) Carryover Basis.--Section 1014(a) (relating to basis of
property acquired from a decedent) is amended by striking the period at
the end of paragraph (3) and inserting ``, or'', and by inserting at
the end the following new paragraph:
``(4) in the case of property excluded from the gross
estate of the decedent under section 2031(c), the basis of the
property in the hands of the decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1994, which
include land subject to qualified conservation easements granted after
December 31, 1994.
SEC. 102. INCREASE IN RECAPTURE PERIOD FOR SPECIAL ESTATE TAX VALUATION
OF FOREST LANDS.
(a) In General.--Section 2032A(c)(7) is amended by adding at the
end the following new subparagraph:
``(E) Longer period for woodlands.--In the case of
any real property which is used in timber operations
(as defined in subsection (e)(13)(C)), paragraph (1)
shall be applied by substituting `25 years' for `10
years'.''
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after December 31, 1994.
TITLE II--INCOME TAX TREATMENT
SEC. 201. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
(a) In General.--Part I of subchapter P of chapter 1 (relating to
treatment of capital gains) is amended by adding at the end the
following new section:
``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section, the
term `qualified timber gain' means the lesser of--
``(1) the net capital gain for the taxable year, or
``(2) the net capital gain for the taxable year determined
by taking into account only gains and losses from timber.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 3 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Coordination With Existing Limitations.--
(1) Subsection (h) of section 1 (relating to maximum
capital gains rate) is amended by inserting after ``net capital
gain'' each place it appears the following: ``(other than
qualified timber gain with respect to which an election is made
under section 1203)''.
(2) Subsection (a) of section 1201 (relating to alternative
tax for corporations) is amended by inserting after ``net
capital gain'' each place it appears the following: ``(other
than qualified timber gain with respect to which an election is
made under section 1203)''.
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 (relating to definition of adjusted gross
income) is amended by adding after paragraph (15) the following new
paragraph:
``(16) Partial inflation adjustment for timber.--The
deduction allowed by section 1203.''
(d) Conforming Amendment.--The table of sections for part I of
subchapter P of chapter 1 is amended by adding at the end the following
new item:
``Sec. 1203. Partial inflation adjustment
for timber.''
(e) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after December 31, 1994.
SEC. 202. EXCLUSION OF GAIN FROM SALE OF INTERESTS IN FOREST LANDS.
(a) In General.--Part III of subchapter B of chapter 1 (relating to
items specifically excluded from gross income) is amended by
redesignating section 137 as section 138 and by inserting after section
136 the following new section:
``SEC. 137. SALES OF INTERESTS IN CERTAIN FOREST LANDS.
``(a) Exclusion.--
``(1) In general.--Gross income shall not include the
applicable percentage of any qualified timber gain.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means--
``(A) 35 percent, or
``(B) in the case of qualified timber gain from the
sale of a qualified real property interest described in
section 170(h)(2)(C), 100 percent.
``(b) Limitation.--The total amount of gain which may be excluded
from gross income under subsection (a) for any taxable year shall not
exceed the sum of--
``(1) the amount of qualified timber gain described in
subsection (a)(2)(B), plus
``(2) $800,000.
``(c) Qualified Timber Gain.--For purposes of this section:
``(1) In general.--The term `qualified timber gain' means
gain from the sale or exchange of a qualified real property
interest in real property which is used in timber operations to
a governmental unit described in section 170(c)(1) for
conservation purposes.
``(2) Qualified real property interest.--The term
`qualified real property interest' has the meaning given such
term by section 170(h)(2).
``(3) Timber operations.--The term `timber operations' has
the meaning given such term by section 2032A(e)(13)(C).
``(4) Conservation purposes.--The term `conservation
purposes' has the meaning given such term by section
170(h)(4)(A) (without regard to clause (iv) thereof).
``(d) Special Rule for Sales to Nongovernmental Entities.--
``(1) In general.--Subsection (a) shall apply to the sale
or exchange to a qualified organization described in section
170(h)(3) if such interest is transferred during the 2-year
period beginning on the date of the sale or exchange to a
governmental unit described in section 170(c)(1).
``(2) Time for exclusion.--If the transfer to which
paragraph (1) applies occurs in a taxable year after the
taxable year in which the sale or exchange occurred--
``(A) no exclusion shall be allowed under
subsection (a) for the taxable year of the sale or
exchange, but
``(B) the taxpayer's tax for the taxable year of
the transfer shall be reduced by the amount of the
reduction in the taxpayer's tax for the taxable year of
the sale or exchange which would have occurred if
subparagraph (A) had not applied.''
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 is amended by striking the item relating to
section 137 and by inserting the following new items after the item
relating to section 136:
``Sec. 137. Sales of interests in certain forest lands.
``Sec. 138. Cross references to other Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 203. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES.
(a) In General.--Treasury regulations sections 1.469-5T(b)(2) (ii)
and (iii) shall not apply to any closely held timber activity if the
nature of such activity is such that the aggregate hours devoted to
management of the activity for any year is generally less than 100
hours.
(b) Definitions.--For purposes of subsection (a):
(1) Closely held activity.--An activity shall be treated as
closely held if at least 80 percent of the ownership interests
in the activity is held--
(A) by 5 or fewer individuals, or
(B) by individuals who are members of the same
family (within the meaning of section 2032A(e)(2) of
the Internal Revenue Code of 1986).
An interest in a limited partnership shall in no event be
treated as a closely held activity for purposes of this
section.
(2) Timber activity.--The term ``timber activity'' means
the planting, cultivating, caring, cutting, or preparation
(other than milling) for market, of trees.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994. | TABLE OF CONTENTS:
Title I: Estate Tax Provisions
Title II: Income Tax Treatment
Family Forestland Preservation Tax Act of 1994 -
Title I: Estate Tax Provisions
- Amends the Internal Revenue Code to exclude from a gross estate the value of real property: (1) which is used in timber operations; and (2) which is subject to a qualified conservation easement.
Increases the recapture period for the special estate tax valuation of forest lands.
Title II: Income Tax Treatment
- Provides taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income.
Exclude from gross income the applicable percentage of qualified timber gain from the sale or exchange of property used in timber operations to a governmental unit for conservation purposes.
Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. | {"src": "billsum_train", "title": "Family Forest and Preservation Tax Act of 1994"} | 2,685 | 216 | 0.559261 | 1.511975 | 0.74158 | 3.131707 | 11.156098 | 0.887805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Distributor Self-Sufficiency Act
of 2001''.
SEC. 2. LIMITATION ON AUTHORITY OF TENNESSEE VALLEY AUTHORITY.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m)(1) Shall not prohibit, interfere with, or impair any
determination made or any activity conducted by a TVA distributor
(acting alone or in combination with any person) to build, acquire any
interest in, operate any part of, or purchase electric power from a
facility for the generation of electric power for the purpose of
supplying the incremental power supply needs of the TVA distributor
(without regard to any other purpose for which electric power supplied
by the facility is used).
``(2) In this subsection--
``(A) the term `incremental power supply needs' means the
power generation capacity that a TVA distributor determines is
required to satisfy the projected peak load of the TVA
distributor (with appropriate reserve margins), to the extent
that the projected peak load and margins exceed the average
annual quantity of power purchases of the TVA distributor
during 1996, 1997, and 1998; and
``(B) the term `TVA distributor' means a cooperative
organization or publicly owned electric power system that, on
January 2, 2001, purchased electric power at wholesale from the
Corporation.''.
SEC. 3. TENNESSEE VALLEY AUTHORITY LEAST COST PLANNING PROGRAM.
Section 113 of the Energy Policy Act of 1992 (16 U.S.C. 831m-1) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) TVA distributor.--The term `TVA distributor' means a
cooperative organization or publicly owned electric power
system that, on January 2, 2001, purchased electric power at
wholesale from the Tennessee Valley Authority.
``(2) System cost.--
``(A) In general.--The term `system cost' means all
direct and quantifiable net costs of an energy resource
over the available life of the energy resource.
``(B) Inclusions.--The term `system cost' includes
the costs of--
``(i) production;
``(ii) transportation;
``(iii) utilization;
``(iv) waste management;
``(v) environmental compliance; and
``(vi) in the case of an imported energy
resource, maintaining access to a foreign
source of supply.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Triennial planning programs.--The Tennessee
Valley Authority shall conduct a least-cost planning
program in accordance with this section once every 3
years, including 1 such program to be concluded by
December 31, 2001.
``(B) Public participation.--Each planning program
shall be open to public participation.
``(C) Requirements.--In conducting a planning
program, the Tennessee Valley Authority shall use a
planning and selection process for new energy resources
that evaluates the full range of existing and
incremental resources (including new power supplies
that may be constructed, owned, and operated by 1 or
more TVA distributors, other new power supplies, energy
conservation and efficiency, and renewable energy
resources) in order to provide adequate and reliable
service to electric customers of the Tennessee Valley
Authority requiring such service at the lowest system
cost.'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(D) take into account current, planned, and
projected ownership and self-supply of power generation
resources by 1 or more TVA distributors.''; and
(C) by striking paragraph (3); and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``distributors of the Tennessee Valley
Authority'' and inserting ``TVA distributors'';
and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) encourage and assist TVA distributors in--
``(i) the planning and implementation of
cost-effective energy efficiency options;
``(ii) load forecasting; and
``(iii) the planning, construction,
ownership, operation, and maintenance of power
generation facilities owned or acquired by a
TVA distributor.''; and
(B) in the first and second sentences of paragraph
(2), by striking ``distributors'' and inserting ``TVA
distributors''.
SEC. 4. INCLUSION OF THE TENNESSEE VALLEY AUTHORITY IN THE DEFINITION
OF PUBLIC UTILITY FOR PURPOSES OF PARTS II AND III OF THE
FEDERAL POWER ACT.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended--
(1) by striking ``means any person who'' and inserting
``means--
``(1) any person that'';
(2) by striking ``the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) the Tennessee Valley Authority.''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority), or any corporation''. | TVA Distributor Self-Sufficiency Act of 2001 - Amends the Tennessee Valley Authority Act of 1933 to prohibit the Tennessee Valley Authority (TVA) from prohibiting, interfering with, or impairing any determination made or any activity conducted by a TVA distributor to build, acquire any interest in, operate, or purchase electric power from an electric power generating facility for the purpose of supplying the distributor's incremental power supply needs.Amends the Energy Policy Act of 1992 to require TVA to conduct a triennial least-cost planning program open to public participation.Amends the Federal Power Act to include TVA in the definition of public utility for purposes of such Act. | {"src": "billsum_train", "title": "A bill to amend the Tennessee Valley Authority Act of 1933 to provide for greater ownership of electric power generation assets by municipal and rural electric cooperative utilities that provide retail electric service in the Tennessee Valley region, and for other purposes."} | 1,350 | 148 | 0.6874 | 1.830196 | 0.672895 | 4.04918 | 9.97541 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Go Pack Go Act of 2018''.
SEC. 2. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 344. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES.
``(a) Definitions.--In this section--
``(1) the term `cable operator' has the meaning given the
term in section 602;
``(2) the terms `covered county' and `in-State, adjacent-
market network station retransmission' have the meanings given
those terms in section 119(d) of title 17, United States Code,
except that, in the case of a cable operator, any reference to
a satellite carrier or a subscriber of a satellite carrier
shall be considered to be a reference to a cable operator or a
subscriber of a cable operator, respectively;
``(3) the term `local market' has the meaning given the
term in section 122(j) of title 17, United States Code;
``(4) the term `local network station' means, with respect
to a subscriber and a television network, the network station--
``(A) that is affiliated with the television
network; and
``(B) within the local market of which the
subscriber is located; and
``(5) the terms `network station' and `satellite carrier'
have the meanings given those terms in section 119(d) of title
17, United States Code.
``(b) Subscriber Election.--A cable operator or satellite carrier
shall, at the election of a subscriber in a covered county with respect
to a television network, provide to the subscriber--
``(1) retransmission of the signal of any local network
station that the operator or carrier is required to retransmit
to the subscriber without regard to this section;
``(2) an in-State, adjacent-market network station
retransmission; or
``(3) both retransmissions described in paragraphs (1) and
(2).
``(c) Relationship to Local Signal Carriage Requirements.--If a
subscriber elects to receive only an in-State, adjacent-market network
station retransmission under subsection (b)--
``(1) the provision of that retransmission to the
subscriber shall be deemed to fulfill any obligation of the
cable operator or satellite carrier to provide to the
subscriber the signal of a local network station under section
338, 614, or 615; and
``(2) in the case of a satellite carrier that has been
recognized as a qualified carrier under section 119(g) of title
17, United States Code, the provision of that retransmission
instead of the signal of a local network station shall not
affect the status of the satellite carrier as a qualified
carrier for purposes of that section and section 342 of this
Act.
``(d) Requirement Subject to Technical Feasibility for Satellite
Carriers.--A satellite carrier shall be required to provide a
retransmission under subsection (b) only to the extent that such
provision is technically feasible, as determined by the Commission.
``(e) Treatment of In-State, Adjacent-Market Network Station
Retransmissions by Cable Operators.--
``(1) Retransmission consent exception.--Section 325(b)
shall not apply to an in-State, adjacent-market network station
retransmission by a cable operator to a subscriber residing in
a covered county.
``(2) Deemed significantly viewed.--In the case of an in-
State, adjacent-market network station retransmission by a
cable operator to a subscriber residing in a covered county,
the signal of the station shall be deemed to be significantly
viewed in that county within the meaning of section 76.54 of
title 47, Code of Federal Regulations, or any successor
regulation.''.
(b) Treatment of In-State, Adjacent-Market Network Station
Retransmissions by Satellite Carriers.--Section 339 of the
Communications Act of 1934 (47 U.S.C. 339) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by adding at the end the
following: ``In-State, adjacent-market network station
retransmissions to subscribers residing in covered
counties shall not count toward the limit set forth in
this subparagraph.''; and
(B) in paragraph (2), by adding at the end the
following:
``(I) In-state, adjacent-market network station
retransmissions.--Nothing in this paragraph shall apply
to or affect in-State, adjacent-market network station
retransmissions to subscribers residing in covered
counties.''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively; and
(B) by inserting before paragraph (3), as so
redesignated, the following:
``(1) Covered county.--The term `covered county' has the
meaning given the term in section 119(d) of title 17, United
States Code.
``(2) In-state, adjacent-market network station
retransmission.--The term `in-State, adjacent-market network
station retransmission' has the meaning given the term in
section 119(d) of title 17, United States Code.''.
(c) No Effect on Ability To Receive Significantly Viewed Signals.--
Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C.
340(b)(3)) is amended by inserting before the period at the end the
following: ``or to a subscriber who elects under section 344(b), with
respect to the network with which the station whose signal is being
retransmitted pursuant to this section is affiliated, to receive an in-
State, adjacent-market network station retransmission (as defined in
section 119(d) of title 17, United States Code) instead of the signal
of a local network station (as defined in section 344)''.
SEC. 3. AVAILABILITY OF COPYRIGHT LICENSE.
(a) Secondary Transmissions of Distant Television Programming by
Satellite.--Section 119 of title 17, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)(i), by adding at the end
the following: ``In-State, adjacent-market network
station retransmissions to subscribers residing in
covered counties shall not count toward the limit set
forth in this clause.''; and
(B) in paragraph (3), by adding at the end the
following:
``(G) In-state, adjacent-market network station
retransmissions.--Nothing in this paragraph shall apply
to or affect in-State, adjacent-market network station
retransmissions to subscribers residing in covered
counties.''; and
(2) in subsection (d)--
(A) in paragraph (10)--
(i) in subparagraph (D), by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(F) with respect to an in-State, adjacent-market
network station retransmission, is a subscriber
residing in a covered county.''; and
(B) by adding at the end the following:
``(16) In-state, adjacent-market network station
retransmission.--The term `in-State, adjacent-market network
station retransmission' means the secondary transmission by a
satellite carrier of the primary transmission of any network
station whose community of license is located--
``(A) in a subscriber's State; and
``(B) in a local market that is adjacent to the
subscriber's local market.
``(17) Covered county.--The term `covered county' means,
with respect to an in-State, adjacent-market network station
retransmission to a subscriber, any county to which both of the
following apply:
``(A) The county is one of the following counties
in the State of Wisconsin: Ashland, Barron, Bayfield,
Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk,
Sawyer, St. Croix, or Washburn.
``(B) The county is not in the local market of any
television broadcast station--
``(i) that is affiliated with the same
network; and
``(ii) whose community of license is
located in the subscriber's State.''.
(b) Secondary Transmissions of Local Television Programming by
Satellite.--Section 122(a) of title 17, United States Code, is
amended--
(1) in paragraph (2)(A), by inserting after ``under
paragraph (1)'' the following: ``(or in-State, adjacent-market
network station retransmissions instead of secondary
transmissions under that paragraph, in accordance with an
election under section 344(b) of the Communications Act of
1934)''; and
(2) in paragraph (3)(A), by inserting after ``under
paragraph (1)'' the following: ``(or in-State, adjacent-market
network station retransmissions instead of secondary
transmissions under that paragraph, in accordance with an
election under section 344(b) of the Communications Act of
1934)''. | Go Pack Go Act of 2018 This bill amends the Communications Act of 1934 to require a cable operator or satellite carrier to provide certain subscribers in specified Wisconsin counties who elect to receive a television network: (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station retransmission; or (3) both retransmissions. A satellite carrier shall be required to provide a retransmission only to the extent that it is technically feasible. The bill defines "in-state, adjacent-market network station retransmission" as the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located in a subscriber's state and in a local market that is adjacent to the subscriber's local market. This bill shall apply to such an in-state, adjacent-market network station retransmission to a subscriber, to specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) that are not in the local market of any television broadcast station that is affiliated with the same network and whose community of license is located in the subscriber's state. The bill exempts in-state, adjacent-market network station retransmissions in such counties from: (1) retransmission consent requirements that prohibit cable operators from retransmitting broadcast stations without the authority of the originating station, and (2) statutory licensing limitations under federal copyright laws concerning satellite retransmissions to unserved households and secondary transmissions of distant signals. | {"src": "billsum_train", "title": "Go Pack Go Act of 2018"} | 2,237 | 386 | 0.600235 | 1.7586 | 0.798622 | 5.417197 | 6.203822 | 0.894904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bi-State Aircraft Noise Correction
Act of 1996''.
SEC. 2. FINDINGS, DECLARATION, AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Expanded East Coast Plan of the Federal Aviation
Administration has resulted in significantly increased levels
of aircraft noise over New Jersey;
(2) over the past 30 years, and especially since the
implementation of the Expanded East Coast Plan, relentless
noise from aircraft departing from Newark International Airport
has adversely affected the residents of northwestern Staten
Island, New York;
(3) the Federal Aviation Administration has stalled,
obfuscated, resisted, and delayed any meaningful attempt to
mitigate the aircraft noise problem in New Jersey created by
the Administration through implementation of the Expanded East
Coast Plan; and
(4) the efforts of the Federal Aviation Administration to
mitigate aircraft noise levels on Staten Island have been
inadequate.
(b) Declaration.--Congress declares that the Federal Aviation
Administration should remedy the problem it has created, to the maximum
extent practicable, by formulating and implementing plans to mitigate
aircraft noise over certain areas of New Jersey and Staten Island.
(c) Purpose.--It is the purpose of this Act to compel the
Administrator to mitigate aircraft noise over certain areas of New
Jersey and Staten Island.
SEC. 3. REDUCTION IN AIRCRAFT NOISE OVER NEW JERSEY.
Not later than 6 months after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration
(hereinafter in this Act referred to as the ``Administrator'') shall
develop and publish, without compromising safety, a comprehensive plan
to reduce aircraft generated noise in New Jersey by 6 decibels (yearly
day-night average sound level) for at least 80 percent of the people
residing within 18 nautical miles of Newark International Airport,
relative to the noise values reported in the Federal Aviation
Administration document, ``Environmental Impact Statement, Runway 11
ILS at Newark International Airport (September 16, 1993)'', and
excluding regions where aircraft-generated noise exceeds 65 decibels
(yearly day-night average sound level).
SEC. 4. REDUCTION IN AIRCRAFT NOISE OVER STATEN ISLAND.
Not later than 6 months after the date of the enactment of this
Act, the Administrator shall develop and publish a plan to investigate
and test southbound departure procedures from runway 22 of Newark
International Airport that will fully utilize, without compromising
safety, all of the allowable and available climbout airspace and that
will result in a minimum 25 percent decrease in aircraft noise on the
ground in northwestern Staten Island. The Administrator shall also
investigate a straight-out southbound departure from runway 22.
SEC. 5. OTHER MEASURES.
(a) Remediation Efforts.--The Administrator shall undertake such
remediation efforts as may be necessary to mitigate aircraft noise
within the sound level contour described in section 3 pursuant to part
150 of title 14, Code of Federal Regulations.
(b) Nonapplicability of EIS Requirement.--In carrying out the
activities under this Act, the Administrator shall not be required to
prepare an environmental impact statement in accordance with the
National Environment Policy Act of 1969 or any other law.
SEC. 6. PROCEDURE.
(a) Standing.--In order to ensure compliance with this Act by the
Administrator--
(1) the New Jersey Citizens for Environmental Research, and
(2) a group to be designated by the Staten Island Borough
President,
shall have standing in United States district court to compel the
Administrator to comply with this Act.
(b) Venue.--The venue for any such action shall be the United
States district court in Newark, New Jersey.
(c) Attorney's Fees.--
(1) Award.--Except as provided in paragraph (2), the
Administrator shall pay court costs and reasonable attorney
fees incurred by the organizations referred to in subsection
(a) with respect to an action to compel the Administrator to
comply with this Act. Punitive damages may not be awarded.
(2) Limitation.--Paragraph (1) shall not apply if the judge
imposes a sanction under rule 11 of the Federal Rules of Civil
Procedure on an attorney, law firm, or party in the plaintiff's
case or if the suit is dismissed by a judge on a motion by the
defendants for summary judgment.
SEC. 7. IMPLEMENTATION.
(a) Deadlines.--The Federal Aviation Administration shall begin
implementation of--
(1) the plan described in section 3 on or before 90th day
after the date of publication of the plan;
(2) the plan described in section 4 on or before 90th day
after the date of publication of the plan; and
(3) the plan described in section 3 or 4 on or before 90th
day after the date of any judicial order or settlement
agreement which is issued or entered into in response to a
civil action brought in accordance with section 6(a) and which
requires the implementation of such plan.
(b) Limitation.--No plan described in section 3 or 4 shall have the
effect of reducing aircraft arrivals to or departures from Newark
International Airport. | Bi-State Aircraft Noise Correction Act of 1996 - Declares that the Federal Aviation Administration (FAA) should remedy the problem it has created by formulating and implementing plans to mitigate aircraft noise over certain areas of New Jersey and Staten Island.
Instructs the FAA Administrator to: (1) develop and publish a plan to reduce aircraft-generated noise in New Jersey by six decibels for at least 80 percent of the people residing within 18 nautical miles of Newark International Airport; (2) investigate and test southbound departure procedures from Newark International Airport runway 22 that will result in a minimum 25 percent decrease in aircraft noise on the ground in northwestern Staten Island; (3) investigate a straight-out southbound departure from runway 22; and (4) undertake remediation efforts to mitigate aircraft noise within a specified sound level contour.
Confers standing in Federal district court upon the New Jersey Citizens for Environmental Research (and a group to be designated by the Staten Island Borough President) to compel the Administrator to comply with this Act.
Sets deadlines for FAA implementation of this Act. | {"src": "billsum_train", "title": "Bi-State Aircraft Noise Correction Act of 1996"} | 1,159 | 231 | 0.704988 | 2.258962 | 0.954311 | 5.599034 | 5.014493 | 0.942029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Revitalization Tax Act of
1999''.
SEC. 2. COMMERCIAL REVITALIZATION TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to investment credit) is amended by striking ``and''
at the end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) the commercial revitalization credit.''
(b) Commercial Revitalization Credit.--Subpart E of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
(relating to rules for computing investment credit) is amended by
inserting after section 48 the following new section:
``SEC. 48A. COMMERCIAL REVITALIZATION CREDIT.
``(a) General Rule.--For purposes of section 46, except as provided
in subsection (e), the commercial revitalization credit for any taxable
year is an amount equal to the applicable percentage of the qualified
revitalization expenditures with respect to any qualified
revitalization building.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means--
``(A) 20 percent, or
``(B) at the election of the taxpayer, 5 percent
for each taxable year in the credit period.
The election under subparagraph (B), once made, shall be
irrevocable.
``(2) Credit period.--
``(A) In general.--The term `credit period' means,
with respect to any building, the period of 10 taxable
years beginning with the taxable year in which the
building is placed in service.
``(B) Applicable rules.--Rules similar to the rules
under paragraphs (2) and (4) of section 42(f) shall
apply.
``(c) Qualified Revitalization Buildings and Expenditures.--For
purposes of this section--
``(1) Qualified revitalization building.--The term
`qualified revitalization building' means any building (and its
structural components) if--
``(A) such building is located in an eligible
commercial revitalization area,
``(B) a commercial revitalization credit amount is
allocated to the building under subsection (e), and
``(C) depreciation (or amortization in lieu of
depreciation) is allowable with respect to the
building.
``(2) Qualified rehabilitation expenditure.--
``(A) In general.--The term `qualified
rehabilitation expenditure' means any amount properly
chargeable to capital account--
``(i) for property for which depreciation
is allowable under section 168 and which is--
``(I) nonresidential real property,
or
``(II) an addition or improvement
to property described in subclause (I),
``(ii) in connection with the construction
or substantial rehabilitation or reconstruction
of a qualified revitalization building, and
``(iii) for the acquisition of land in
connection with the qualified revitalization
building.
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified revitalization
expenditures with respect to any qualified
revitalization building for any taxable year shall not
exceed $10,000,000, reduced by any such expenditures
with respect to the building taken into account by the
taxpayer or any predecessor in determining the amount
of the credit under this section for all preceding
taxable years.
``(C) Certain expenditures not included.--The term
`qualified revitalization expenditure' does not
include--
``(i) Straight line depreciation must be
used.--Any expenditure (other than with respect
to land acquisitions) with respect to which the
taxpayer does not use the straight line method
over a recovery period determined under
subsection (c) or (g) of section 168. The
preceding sentence shall not apply to any
expenditure to the extent the alternative
depreciation system of section 168(g) applies
to such expenditure by reason of subparagraph
(B) or (C) of section 168(g)(1).
``(ii) Acquisition costs.--The costs of
acquiring any building or interest therein and
any land in connection with such building to
the extent that such costs exceed 30 percent of the qualified
revitalization expenditures determined without regard to this clause.
``(iii) Other credits.--Any expenditure
which the taxpayer may take into account in
computing any other credit allowable under this
part unless the taxpayer elects to take the
expenditure into account only for purposes of
this section.
``(3) Eligible commercial revitalization area.--The term
`eligible commercial revitalization area' means--
``(A) an empowerment zone or enterprise community
designated under subchapter U,
``(B) any area established pursuant to any
consolidated planning process for the use of Federal
housing and community development funds, and
``(C) any other specially designated commercial
revitalization district established by any State or
local government, which is a low-
income census tract or low-income nonmetropolitan area
(as defined in subsection (e)(2)(C)) and is not
primarily a nonresidential central business district.
``(4) Substantial rehabilitation or reconstruction.--For
purposes of this subsection, a rehabilitation or reconstruction
shall be treated as a substantial rehabilitation or
reconstruction only if the qualified revitalization
expenditures in connection with the rehabilitation or
reconstruction exceed 25 percent of the fair market value of
the building (and its structural components) immediately before
the rehabilitation or reconstruction.
``(d) When Expenditures Taken Into Account.--
``(1) In general.--Qualified revitalization expenditures
with respect to any qualified revitalization building shall be
taken into account for the taxable year in which the qualified
rehabilitated building is placed in service. For purposes of
the preceding sentence, a substantial rehabilitation or
reconstruction of a building shall be treated as a separate
building.
``(2) Progress expenditure payments.--Rules similar to the
rules of subsections (b)(2) and (d) of section 47 shall apply
for purposes of this section.
``(e) Limitation on Aggregate Credits Allowable With Respect to
Buildings Located in a State.--
``(1) In general.--The amount of the credit determined
under this section for any taxable year with respect to any
building shall not exceed the commercial revitalization credit
amount (in the case of an amount determined under subsection
(b)(1)(B), the present value of such amount as determined under
the rules of section 42(b)(2)(C)) allocated to such building
under this subsection by the commercial revitalization credit
agency. Such allocation shall be made at the same time and in
the same manner as under paragraphs (1) and (7) of section
42(h).
``(2) Commercial revitalization credit amount for
agencies.--
``(A) In general.--The aggregate commercial
revitalization credit amount which a commercial
revitalization credit agency may allocate for any
calendar year is the portion of the State commercial
revitalization credit ceiling allocated under this
paragraph for such calendar year for such agency.
``(B) State commercial revitalization credit
ceiling.--
``(i) In general.--The State commercial
revitalization credit ceiling applicable to any
State for any calendar year is an amount which
bears the same ratio to the national ceiling
for the calendar year as the population of low-
income census tracts and low-income
nonmetropolitan areas within the State bears to
the population of such tracts and areas within
all States.
``(ii) National ceiling.--For purposes of
clause (i), the national ceiling is
$100,000,000 for 2000, $200,000,000 for 2001,
and $400,000,000 for each calendar year after
2001 and before 2006.
``(iii) Other special rules.--Rules similar
to the rules of subparagraphs (D), (E), (F),
and (G) of section 42(h)(3) shall apply for
purposes of this subsection.
``(C) Low-income areas.--For purposes of
subparagraph (B), the terms `low-income census tract'
and `low-income nonmetropolitan area' mean a tract or
area in which, according to the most recent census data
available, at least 50 percent of residents earned no
more than 60 percent of the median household income for
the applicable Metropolitan Standard Area, Consolidated
Metropolitan Standard Area, or all nonmetropolitan
areas in the State.
``(D) Commercial revitalization credit agency.--For
purposes of this section, the term `commercial
revitalization credit agency' means any agency
authorized by a State to carry out this section.
``(E) State.--For purposes of this section, the
term `State' includes a possession of the United
States.
``(f) Responsibilities of Commercial Revitalization Credit
Agencies.--
``(1) Plans for allocation.--Notwithstanding any other
provision of this section, the commercial revitalization credit
dollar amount with respect to any building shall be zero
unless--
``(A) such amount was allocated pursuant to a
qualified allocation plan of the commercial
revitalization credit agency which is approved by the
governmental unit (in accordance with rules similar to
the rules of section 147(f)(2) (other than subparagraph
(B)(ii) thereof)) of which such agency is a part, and
``(B) such agency notifies the chief executive
officer (or its equivalent) of the local jurisdiction
within which the building is located of such project
and provides such individual a reasonable opportunity
to comment on the project.
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any
plan--
``(A) which sets forth selection criteria to be
used to determine priorities of the commercial
revitalization credit agency which are appropriate to
local conditions,
``(B) which considers--
``(i) the degree to which a project
contributes to the implementation of a
strategic plan that is devised for an eligible
commercial revitalization area through a
citizen participation process,
``(ii) the amount of any increase in
permanent, full-time employment by reason of
any project, and
``(iii) the active involvement of residents
and nonprofit groups within the eligible
commercial revitalization area, and
``(C) which provides a procedure that the agency
(or its agent) will follow in monitoring for compliance
with this section.
``(g) Termination.--This section shall not apply to any building
placed in service after December 31, 2005.''
(b) Conforming Amendments.--
(1) Section 39(d) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(9) No carryback of section 48a credit before
enactment.--No portion of the unused business credit for any
taxable year which is attributable to any commercial
revitalization credit determined under section 48A may be
carried back to a taxable year ending before December 31,
1999.''
(2) Subparagraph (B) of section 48(a)(2) of such Code is
amended by inserting ``or commercial revitalization'' after
``rehabilitation'' each place it appears in the text and
heading thereof.
(3) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) the basis of any qualified
revitalization building attributable to
qualified revitalization expenditures.''
(4) Paragraph (2) of section 50(a) of such Code is amended
by inserting ``or 48A(d)(2)'' after ``section 47(d)'' each
place it appears.
(5) Subparagraph (B) of section 50(a)(2) of such Code is
amended by adding at the end the following new sentence: ``A
similar rule shall apply for purposes of section 48A.''
(6) Paragraph (2) of section 50(b) of such Code is amended
by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(E) a qualified revitalization building to the
extent of the portion of the basis which is
attributable to qualified revitalization
expenditures.''
(7) Subparagraph (C) of section 50(b)(4) of such Code is
amended by inserting ``or commercial revitalization'' after
``rehabilitated'' each place it appears in the text or heading
thereof.
(8) Subparagraph (C) of section 469(i)(3) of such Code is
amended--
(A) by inserting ``or section 48A'' after ``section
42'', and
(B) by striking ``credit'' in the heading and
inserting ``and commercial revitalization credits''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1999. | Imposes a State ceiling on the availability of the credit. | {"src": "billsum_train", "title": "Commercial Revitalization Tax Act of 1999"} | 2,976 | 15 | 0.346865 | 0.788023 | -0.931403 | 1.727273 | 244.090909 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Incentives for Charitable
Giving Act of 1999''.
SEC. 2. CHARITABLE CONTRIBUTIONS TO CERTAIN LOW INCOME SCHOOLS MAY BE
MADE IN NEXT TAXABLE YEAR.
(a) In General.--Section 170(f) of the Internal Revenue Code of
1986 (relating to disallowance of deduction in certain cases and
special rules) is amended by adding at the end the following new
paragraph:
``(10) Time when certain contributions deemed made.--
``(A) In general.--At the election of the taxpayer,
a qualified low-income school contribution shall be
deemed to be made on the last day of the preceding
taxable year if the contribution is made on account of
such taxable year and is made not later than the time
prescribed by law for filing the return for such
taxable year (not including extensions thereof). The
election may be made at the time of the filing of the
return for such table year, and shall be made and
substantiated in such manner as the Secretary shall by
regulations prescribe.
``(B) Qualified low-income school contribution.--
For purposes of subparagraph (A), the term `qualified
low-income school contribution' means a charitable
contribution to an educational organization described
in subsection (b)(1)(A)(ii)--
``(i) which is a public, private, or
sectarian school which provides elementary or
secondary education (through grade 12), as
determined under State law, and
``(ii) with respect to which at least 50
percent of the students attending such school
are eligible for free or reduced-cost lunches
under the school lunch program established
under the National School Lunch Act.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999.
SEC. 3. DEDUCTION FOR PORTION OF CHARITABLE CONTRIBUTIONS TO BE ALLOWED
TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS.
(a) In General.--Section 170 of the Internal Revenue Code of 1986
(relating to charitable, etc., contributions and gifts) is amended by
redesignating subsection (m) as subsection (n) and by inserting after
subsection (l) the following new subsection:
``(m) Deduction for Individuals Not Itemizing Deductions.--In the
case of an individual who does not itemize his deductions for the
taxable year, there shall be taken into account as a direct charitable
deduction under section 63 an amount equal to the lesser of--
``(1) the amount allowable as a deduction under subsection
(a) for the taxable year, or
``(2) $50 ($100 in the case of a joint return).''.
(b) Direct Charitable Deduction.--
(1) In general.--Subsection (b) of section 63 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of paragraph (1), by striking the period at the end of
paragraph (2) and inserting ``, and'', and by adding at the end
the following new paragraph:
``(3) the direct charitable deduction.''.
(2) Definition.--Section 63 of such Code is amended by
redesignating subsection (g) as subsection (h) and by inserting
after subsection (f) the following new subsection:
``(g) Direct Charitable Deduction.--For purposes of this section,
the term `direct charitable deduction' means that portion of the amount
allowable under section 170(a) which is taken as a direct charitable
deduction for the taxable year under section 170(m).''.
(3) Conforming amendment.--Subsection (d) of section 63 of
such Code is amended by striking ``and'' at the end of
paragraph (1), by striking the period at the end of paragraph
(2) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(3) the direct charitable deduction.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 4. INCREASE IN LIMIT ON CHARITABLE CONTRIBUTIONS AS PERCENTAGE OF
AGI.
(a) In General.--
(1) Individual limit.--Section 170(b)(1) of the Internal
Revenue Code of 1986 (relating to percentage limitations) is
amended--
(A) by striking ``50 percent'' in subparagraph (A)
and inserting ``the 75 percent'', and
(B) by striking ``30 percent'' each place it
appears in subparagraph (C) and inserting ``50
percent''.
(2) Corporate limit.--Section 170(b)(2) of such Code is
amended by striking ``10 percent'' and inserting ``20
percent''.
(b) Conforming Amendments.--Section 170(d)(1)(A) of the Internal
Revenue Code of 1986 is amended by striking ``50 percent'' each place
it appears and inserting ``75 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 5. LIMITED EXCEPTION TO EXCESS BUSINESS HOLDINGS RULE.
(a) In General.--Section 4943(c)(2) of the Internal Revenue Code of
1986 (relating to permitted holdings in a corporation) is amended by
adding at the end the following new subparagraph:
``(D) Rule where voting stock is publicly traded.--
``(i) In general.--If--
``(I) the private foundation and
all disqualified persons together do
not own more than the 49 percent of the
voting stock and not more than the 49
percent in value of all outstanding
shares of all classes of stock of an
incorporated business enterprise,
``(II) the voting stock owned by
the private foundation and all
disqualified persons together is stock
for which market quotations are readily
available on an established securities
market, and
``(III) the requirements of clause
(ii) are met,
then subparagraph (A) shall be applied by
substituting `49 percent' for `20 percent'.
``(ii) Requirements to be met.--The
requirements of this clause are met during any
taxable year--
``(I) in which disqualified persons
with respect to the private foundation
do not receive compensation (as an
employee or otherwise) from the
corporation or engage in any act with
such corporation which would constitute
self-dealing within the meaning of
section 4941(d) if such corporation
were a private foundation and if each
such disqualified person were a
disqualified person with respect to
such corporation,
``(II) in which disqualified
persons with respect to such private
foundation do not own in the aggregate
more than 2 percent of the voting stock
and not more than 2 percent in value of
all outstanding shares of all classes
of stock in such corporation, and
``(III) for which there is
submitted with the annual return of the
private foundation for such year (filed
within the time prescribed by law,
including extensions, for filing such
return) a certification which is signed
by all the members of an audit
committee of the Board of Directors of
such corporation consisting of a
majority of persons who are not
disqualified persons with respect to
such private foundation and which
certifies that such members, after due
inquiry, are not aware that any
disqualified person has received
compensation from such corporation or
has engaged in any act with such
corporation that would constitute self-
dealing within the meaning of section
4941(d) if such corporation were a
private foundation and if each such
disqualified person were a disqualified
person with respect to such
corporation.
For purposes of this clause, the fact that a
disqualified person has received compensation
from such corporation or has engaged in any act
with such corporation which would constitute
self-dealing within the meaning of section
4941(d) shall be disregarded if such receipt or
act is corrected not later than the due date
(not including extensions thereof) for the
filing of the private foundation's annual
return for the year in which the receipt or act
occurs and on the terms that would be necessary
to correct such receipt or act and thereby
avoid imposition of tax under section
4941(b).''.
(b) Effective Date.--The amendment made by this section shall apply
to foundations established by bequest of decedents dying after December
31, 1999. | Permits non-itemizers to deduct a portion of their charitable contributions.
Increases the percentage limitations applicable to individual and corporate charitable contributions.
Sets forth a limited exception to the excess business holdings rule. | {"src": "billsum_train", "title": "Enhanced Incentives for Charitable Giving Act of 1999"} | 1,913 | 49 | 0.395451 | 0.925024 | 0.318512 | 1.641026 | 44.358974 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Improvement Act
of 2003''.
SEC. 2. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH
ADMINISTRATION.
(a) Appointments.--Section 7401 of title 38, United States Code, is
amended--
(1) by inserting ``and chiropractic care'' in the matter
preceding paragraph (1) after ``medical care''; and
(2) by inserting ``chiropractors,'' in paragraph (1) after
``podiatrists,''.
(b) Qualifications of Appointees.--Section 7402(b) of such title is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Chiropractor.--To be eligible to be appointed to a
chiropractor position, a person must--
``(A) hold the degree of doctor of chiropractic, or its
equivalent, from a college of chiropractic approved by the
Secretary; and
``(B) be licensed to practice chiropractic in a State.''.
(c) Period of Appointments and Promotions.--Section 7403(a)(2) of
such title is amended by adding at the end the following new
subparagraph:
``(H) Chiropractors.''.
(d) Grades and Pay Scales.--Section 7404(b)(1) of such title is
amended by striking the third center heading in the table and inserting
the following:
``CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE''.
(e) Temporary and Part-Time Appointments.--Section 7405(a) of such
title is amended--
(1) by adding at the end of paragraph (1) the following new
subparagraph:
``(E) Chiropractors.''; and
(2) by adding at the end of paragraph (2) the following new
subparagraph:
``(D) Chiropractors.''.
(f) Residencies and Internships.--Section 7406(c) of such title is
amended--
(1) in paragraph (1)--
(A) by inserting ``and chiropractic'' after
``medical'' the first place it appears; and
(B) by inserting ``or chiropractic'' after
``medical'' the second place it appears;
(2) in paragraph (2)(B), by inserting ``or chiropractic''
after ``medical'' the first place it appears; and
(3) in paragraph (3)(A), by inserting ``or chiropractic''
after ``medical''.
(g) Malpractice and Negligence Protection.--Section 7316(a) of such
title is amended--
(1) in paragraph (1), by inserting ``or chiropractic''
after ``medical'' each place it appears; and
(2) in paragraph (2)--
(A) by inserting ``or chiropractic'' after
``medical'' the first place it appears; and
(B) by inserting ``chiropractor,'' after
``podiatrist,''.
(h) Treatment as Scarce Medical Specialists for Contracting
Purposes.--Section 7409(a) of such title is amended by inserting
``chiropractors,'' in the second sentence after ``optometrists,''.
(i) Reimbursement of Continuing Professional Education Expenses.--
Section 7411 of such title is amended by striking ``or dentist'' and
inserting ``, dentist, or chiropractic''.
(j) Collective Bargaining Exemption.--Section 7421(b) of such title
is amended by adding at the end the following new paragraph:
``(8) Chiropractors.''.
(k) Effective Date.--The amendments made by this section shall take
effect at the end of the 180-day period beginning on the date of the
enactment of this Act.
SEC. 3. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE OF
CERTAIN FILIPINO WORLD WAR II VETERANS RESIDING IN THE
UNITED STATES.
(a) Eligibility.--The text of section 1734 of title 38, United
States Code, is amended to read as follows:
``(a) The Secretary shall furnish hospital and nursing home care
and medical services to any individual described in subsection (b) in
the same manner, and subject to the same terms and conditions, as apply
to the furnishing of such care and services to individuals who are
veterans as defined in section 101(2) of this title. Any disability of
an individual described in subsection (b) that is a service-connected
disability for purposes of this subchapter (as provided for under
section 1735(2) of this title) shall be considered to be a service-
connected disability for purposes of furnishing care and services under
the preceding sentence.
``(b) Subsection (a) applies to any individual who is a
Commonwealth Army veteran or new Philippine Scout and who--
``(1) is residing in the United States; and
``(2) is a citizen of the United States or an alien
lawfully admitted to the United States for permanent
residence.''.
(b) Limitation.--(1) The amendment made by subsection (a) shall
take effect on the date on which the Secretary of Veterans Affairs
submits to the Committees on Veterans' Affairs of the Senate and House
of Representatives and publishes in the Federal Register a
certification described in paragraph (2).
(2) A certification referred to in paragraph (1) is a certification
that sufficient resources are available for the fiscal year during
which the certification is submitted to carry out section 1734 of title
38, United States Code, as amended by such amendment, during that
fiscal year at each significantly affected health care facility of the
Department of Veterans Affairs.
(3) For purposes of paragraph (2), the term ``significantly
affected health care facility'' means a health care facility at which,
as determined by the Secretary, it is reasonably foreseeable that the
implementation of the provisions of section 1734 of title 38, United
States Code, as amended by subsection (a), will result in a significant
increase in the use of health care resources due to the number of
veterans described in subsection (b) of that section who are considered
to be likely to seek hospital or nursing home care or medical services,
as authorized by subsection (a) of that section, at that facility.
Passed the House of Representatives July 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Veterans Health Care Improvement Act of 2003 - Authorizes the appointment of, and provision of medical care by, chiropractors within the Veterans Health Administration (VHA) of the Department of Veterans Affairs. Includes chiropractors within VHA provisions concerning: (1) qualifications of appointees, periods of appointment, and pay grades; (2) temporary and part-time appointments; (3) residencies and internships; (4) malpractice and negligence protection; (5) treatment as scarce medical specialists for contracting purposes; (6) reimbursement for continuing professional education expenses; and (7) collective bargaining exemptions.
Directs (current law authorizes) the Secretary of Veterans Affairs to furnish hospital and nursing home care and medical services for any illness or injury that is a service-connected disability of any Commonwealth Army veteran or new Philippine Scout who: (1) is residing in the United States; and (2) is a citizen or lawfully admitted alien for permanent residence. Requires the Secretary to certify to the congressional veterans' committees, for each fiscal year, that sufficient resources are available to provide such care and services. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for the appointment of chiropractors in the Veterans Health Administration of the Department of Veterans Affairs and to provide eligibility for Department of Veterans Affairs health care for certain Filipino World War II veterans residing in the United States."} | 1,531 | 227 | 0.550176 | 1.565015 | 0.657099 | 3.198113 | 6.136792 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Oral History Project
Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) Military service during a time of war is the highest
sacrifice a citizen may make for his or her country.
(2) 4,700,000 Americans served in World War I, 16,500,000
Americans served in World War II, 6,800,000 Americans served in the
Korean Conflict, 9,200,000 Americans served in the Vietnam
Conflict, 3,800,000 Americans served in the Persian Gulf War, and
countless other Americans served in military engagements overseas
throughout the 20th century.
(3) The Department of Veterans Affairs reports that there are
almost 19,000,000 war veterans living in this Nation today.
(4) Today there are only approximately 3,400 living veterans of
World War I, and of the some 6,000,000 veterans of World War II
alive today, almost 1,500 die each day.
(5) Oral histories are of immeasurable value to historians,
researchers, authors, journalists, film makers, scholars, students,
and citizens of all walks of life.
(6) War veterans possess an invaluable resource in their
memories of the conflicts in which they served, and can provide a
rich history of our Nation and its people through the retelling of
those memories, yet frequently those who served during times of
conflict are reticent to family and friends about their
experiences.
(7) It is in the Nation's best interest to collect and catalog
oral histories of American war veterans so that future generations
will have original sources of information regarding the lives and
times of those who served in war and the conditions under which
they endured, so that Americans will always remember those who
served in war and may learn first-hand of the heroics, tediousness,
horrors, and triumphs of war.
(8) The Library of Congress, as the Nation's oldest Federal
cultural institution and largest and most inclusive library in
human history (with nearly 119,000,000 items in its multimedia
collection) is an appropriate repository to collect, preserve, and
make available to the public an archive of these oral histories.
The Library's American Folklife Center has expertise in the
management of documentation projects and experience in the
development of cultural and educational programs for the public.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded program that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of American war
veterans, and to assist and encourage local efforts to preserve the
memories of this Nation's war veterans so that Americans of all current
and future generations may hear directly from veterans and better
appreciate the realities of war and the sacrifices made by those who
served in uniform during wartime.
SEC. 3. ESTABLISHMENT OF PROGRAM AT AMERICAN FOLKLIFE CENTER TO COLLECT
VIDEO AND AUDIO RECORDINGS OF HISTORIES OF VETERANS.
(a) In General.--The Director of the American Folklife Center at
the Library of Congress shall establish an oral history program--
(1) to collect video and audio recordings of personal histories
and testimonials of veterans of the Armed Forces who served during
a period of war;
(2) to create a collection of the recordings obtained
(including a catalog and index) which will be available for public
use through the National Digital Library of the Library of Congress
and such other methods as the Director considers appropriate to the
extent feasible subject to available resources; and
(3) to solicit, reproduce, and collect written materials (such
as letters and diaries) relevant to the personal histories of
veterans of the Armed Forces who served during a period of war and
to catalog such materials in a manner the Director considers
appropriate, consistent with and complimentary to the efforts
described in paragraphs (1) and (2).
(b) Use of and Consultation With Other Entities.--The Director may
carry out the activities described in paragraphs (1) and (3) of
subsection (a) through agreements and partnerships entered into with
other government and private entities, and may otherwise consult with
interested persons (within the limits of available resources) and
develop appropriate guidelines and arrangements for soliciting,
acquiring, and making available recordings under the program under this
Act.
(c) Timing.--As soon as practicable after the enactment of this
Act, the Director shall begin collecting video and audio recordings
under subsection (a)(1), and shall attempt to collect the first such
recordings from the oldest veterans.
SEC. 4. PRIVATE SUPPORT.
(a) Acceptance of Donations.--The Librarian of Congress may solicit
and accept donations of funds and in-kind contributions to carry out
the oral history program under section 3.
(b) Establishment of Separate Gift Account.--There is established
in the Treasury (among the accounts of the Library of Congress) a gift
account for the oral history program under section 3.
(c) Dedication of Funds.--Notwithstanding any other provision of
law--
(1) any funds donated to the Librarian of Congress to carry out
the oral history program under section 3 shall be deposited
entirely into the gift account established under subsection (b);
(2) the funds contained in such account shall be used solely to
carry out the oral history program under section 3; and
(3) the Librarian of Congress may not deposit into such account
any funds donated to the Librarian which are not donated for the
exclusive purpose of carrying out the oral history program under
section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $250,000 for fiscal year 2001; and
(2) such sums as may be necessary for each succeeding fiscal
year.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Establishes a gift account for the program in the Treasury.Authorizes appropriations. | {"src": "billsum_train", "title": "Veterans' Oral History Project Act"} | 1,256 | 23 | 0.263251 | 0.647865 | -1.007059 | 2 | 85.857143 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Infrastructures Protection
Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Information revolution has transformed the conduct
of business and the operations of government as well as the
infrastructure relied upon for the defense and national
security of the United States.
(2) Private business, government, and the national security
apparatus increasingly depend on an interdependent network of
critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and
transportation sectors.
(3) A continuous national effort is required to ensure the
reliable provision of cyber and physical infrastructure
services critical to maintaining the national defense,
continuity of government, economic prosperity, and quality of
life in the United States.
(4) This national effort requires extensive modeling and
analytic capabilities for purposes of evaluating appropriate
mechanisms to ensure the stability of these complex and
interdependent systems, and to underpin policy recommendations,
so as to achieve the continuous viability and adequate
protection of the critical infrastructure of the nation.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States--
(1) that any physical or virtual disruption of the
operation of the critical infrastructures of the United States
be rare, brief, geographically limited in effect, manageable,
and minimally detrimental to the economy, essential human and
government services, and national security of the United
States;
(2) that actions necessary to achieve the policy stated in
paragraph (1) be carried out in a public-private partnership
involving corporate and non-governmental organizations; and
(3) to have in place a comprehensive and effective program
to ensure the continuity of essential Federal Government
functions under all circumstances.
SEC. 4. ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL
INFRASTRUCTURE PROTECTION.
(a) Support of Critical Infrastructure Protection and Continuity by
National Infrastructure Simulation and Analysis Center.--
(1) In general.--The National Infrastructure Simulation and
Analysis Center (NISAC) shall provide support for the
activities of the President's Critical Infrastructure
Protection and Continuity Board under Executive Order ____.
(2) Particular support.--The support provided for the Board
under paragraph (1) shall include the following:
(A) Modeling, simulation, and analysis of the
systems comprising critical infrastructures, including
cyber infrastructure, telecommunications
infrastructure, and physical infrastructure, in order
to enhance understanding of the large-scale complexity
of such systems and to facilitate modification of such
systems to mitigate the threats to such systems and to
critical infrastructures generally.
(B) Acquisition from State and local governments
and the private sector of data necessary to create and
maintain models of such systems and of critical
infrastructures generally.
(C) Utilization of modeling, simulation, and
analysis under subparagraph (A) to provide education
and training to members of the Board, and other
policymakers, on matters relating to--
(i) the analysis conducted under that
subparagraph;
(ii) the implications of unintended or
unintentional disturbances to critical
infrastructures; and
(iii) responses to incidents or crises
involving critical infrastructures, including
the continuity of government and private sector
activities through and after such incidents or
crises.
(D) Utilization of modeling, simulation, and
analysis under subparagraph (A) to provide
recommendations to members of the Board and other
policymakers, and to departments and agencies of the
Federal Government and private sector persons and
entities upon request, regarding means of enhancing the
stability of, and preserving, critical infrastructures.
(3) Recipient of certain support.--Modeling, simulation,
and analysis provided under this subsection to the Board shall
be provided, in particular, to the Infrastructure
Interdependencies committee of the Board under section 9(c)(8)
of the Executive Order referred to in paragraph (1).
(b) Activities of President's Critical Infrastructure Protection
and Continuity Board.--The Board shall provide to the Center
appropriate information on the critical infrastructure requirements of
each Federal agency for purposes of facilitating the provision of
support by the Center for the Board under subsection (a).
SEC. 5. CRITICAL INFRASTRUCTURE DEFINED.
In this Act, the term ``critical infrastructure'' means systems and
assets, whether physical or virtual, so vital to the United States that
the incapacity or destruction of such systems and assets would have a
debilitating impact on national security, national economic security,
national public health or safety, or any combination of those matters.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized for the Department of Defense for fiscal
year 2002, $8,000,000 for the Defense Threat Reduction Agency for
activities of the National Infrastructure Simulation and Analysis
Center under section 4 in that fiscal year. | Critical Infrastructures Protection Act of 2001- Directs the National Infrastructure Simulation and Analysis Center (NISAC) to provide: (1) support for the activities of the President's Critical Infrastructure Protection and Continuity Board; and (2) modeling, simulation, and analysis of any systems (cyber and/or physical) comprising critical infrastructures to gain an increased understanding of their complexity, to facilitate modification to mitigate threats to such systems, to provide training to members of the Board, and to enhance the stability of critical infrastructures. Requires the Board to provide to the Center information on the critical infrastructure requirements of each Federal agency. | {"src": "billsum_train", "title": "A bill to establish a national competence for critical infrastructure protection, and for other purposes."} | 1,026 | 131 | 0.645338 | 1.860981 | 0.703214 | 3.765217 | 8.565217 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Conservation and Habitat
Restoration Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means a county, parish, or other
equivalent subdivision of a Coastal State, all or part of
which, on the date of the enactment of this Act, lies within
the boundaries of the coastal zone of the State, as identified
in the coastal zone management program of the State approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.).
(2) Coastal state.--Except as otherwise provided, the term
``coastal State'' shall have the meaning given such term in
section 304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)
(3) Coastal zone.--The term ``coastal zone'' means the
coastal zone as determined under the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.) on the date of the
enactment of this Act.
(4) Coastline.--The term ``coastline'' has the meaning
given the term ``coast line'' in section 2(c) of the Submerged
Lands Act (43 U.S.C. 1301(c)).
(5) Fund.--The term ``Fund'' means the Coastal Conservation
and Habitat Restoration Fund established by section 3.
(6) Plan.--The term ``Plan'' means a Coastal Conservation
and Habitat Restoration Plan described in section 4.
(7) Qualified outer continental shelf revenues.--The term
``qualified outer Continental Shelf revenues'' means all
amounts received by the United States, from each leased tract
or portion of a leased tract lying seaward of the zone defined
and governed by section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)) (or lying within that zone but to
which such section 8(g) does not apply), including bonus bids,
rents, royalties (including payments for royalties taken in
kind and sold), net profit share payments, and related
interest.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. COASTAL CONSERVATION AND HABITAT RESTORATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account to be known as the ``Coastal
Conservation and Habitat Restoration Fund''.
(b) Deposited Amounts.--The Secretary of the Treasury shall deposit
into the Fund for each fiscal year, without further appropriation, the
following amounts:
(1) Digital transition and public safety fund.--Amounts
deposited in the Digital Transition and Public Safety Fund that
exceed $11,000,000,000.
(2) Royalty revenues.--During each of the fiscal years 2006
through 2016, an amount equal to the amount of all qualified
outer Continental Shelf revenues attributable to royalties
received by the United States during the previous fiscal year
that are in excess of the following amount for the applicable
year:
(A) $7,000,000,000 in the case of royalties
received in fiscal year 2006.
(B) $8,300,000,000 in the case of royalties
received in fiscal year 2007.
(C) $9,500,000,000 in the case of royalties
received in fiscal year 2008.
(D) $9,100,000,000 in the case of royalties
received in fiscal year 2009.
(E) $9,600,000,000 in the case of royalties
received in fiscal year 2010.
(F) $9,650,000,000 in the case of royalties
received in fiscal year 2011.
(G) $9,100,000,000 in the case of royalties
received in fiscal year 2012.
(H) $10,900,000,000 in the case of royalties
received in fiscal year 2013.
(I) $10,900,000,000 in the case of royalties
received in fiscal year 2014.
(J) $11,000,000,000 in the case of royalties
received in fiscal year 2015.
(K) $11,100,000,000 in the case of royalties
received in fiscal year 2016.
(3) Bonus bids.--During the fiscal years 2006 through 2016,
an amount equal to the amount of all qualified outer
Continental Shelf revenues attributable to bonus bids received
by the United States that are in excess of $850,000,000 during
the previous fiscal year.
(4) Ocean activities.--During a fiscal year after 2016, an
amount equal to 50 percent of all qualified outer Continental
Shelf revenues received by the United States during the
preceding fiscal year.
(5) Other funds.--Any other amounts that are appropriated
to the Fund.
(c) Apportionment of Funds.--
(1) In general.--The Secretary shall use amounts in the
Fund remaining after the application of subsection (d), without
further appropriation, to make payments to each coastal State,
if the Secretary has approved a Plan for such State under
section 4, during December of 2005, and December of each year
thereafter, from revenues in the Fund based upon calculations
from revenues generated in the immediately preceding fiscal
year.
(2) Allocation.--The payments made under paragraph (1)
shall be allocated as follows:
(A) 20 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
for the fiscal year is equal to the ratio that the
coastline of such State bears to the total coastline of
all coastal States, as determined by the Secretary.
(B) 40 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
for the fiscal year is equal to the ratio that the
average qualified outer Continental Shelf revenues
generated off the coastline of such State over the
previous 40 year period to the average qualified outer
Continental Shelf revenues generated off the coastline
of all coastal States over the previous 40 year period.
(C) 40 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
is equal to the ratio of qualified outer Continental
Shelf revenues generated off the coastline of a coastal
State for the previous fiscal year to the qualified
outer Continental Shelf revenues generated off the
coastline of all coastal States during the previous
fiscal year.
(3) Payments to coastal political subdivisions.--
(A) In general.--The Secretary shall pay 35 percent
of the amount allocated to each coastal State, as
determined under paragraph (2), to the coastal
political subdivisions of such coastal State.
(B) Allocation.--Of the amount paid to coastal
political subdivisions of a coastal State under
subparagraph (A), 100 percent shall be apportioned
among such coastal political subdivisions so that the
ratio of the amount apportioned to each coastal
political subdivision under this subparagraph bears to
the total amount so apportioned for the fiscal year for
the coastal State is equal to the ratio that the
coastline of such coastal political subdivision bears
to the total coastline of the coastal State, as
determined by the Secretary.
(4) Determination of qualified outer continental shelf
revenues.--For purposes of paragraph (2), qualified outer
Continental Shelf revenues shall be considered to be generated
off the coastline of a State if such revenues were produced
within the area offshore of the State identified as the Federal
Outer Continental Shelf administrative boundary of the State by
the Director of the Minerals Management Service in the notice
published January 3, 2006, entitled Federal Outer Continental
Shelf (OCS) Administrative Boundaries Extending from the
Submerged Lands Act Boundary seaward to the Limit of the United
States Outer Continental Shelf (71 Fed. Reg. 127).
(5) Notification.--The Secretary shall notify each coastal
State of its apportionment and the amounts of such
apportionment shall be available to such State to carry out
activities described in such State's approved Plan.
(6) Reapportionment.--Any amount of any apportionment under
this subsection that has not been paid or obligated by the
Secretary during the fiscal year in which such notification is
given and the two fiscal years thereafter shall be reallocated
by the Secretary in accordance with paragraph (2).
(7) Treatment of states.--
(A) Special rule for apportionment.--For the
purposes of payment and allocation under paragraphs (1)
and (2), Puerto Rico, the Virgin Islands, Guam, and
American Samoa--
(i) shall be treated collectively as one
coastal State; and
(ii) shall each be allocated an equal share
of any amount distributed to them pursuant to
paragraph (2).
(B) Other purposes.--Each of the areas referred to
in subparagraph (A) shall be treated as a State for all
other purposes of this Act.
(d) Administrative Costs.--The Secretary may use not more than \1/
2\ of 1 percent of the amount in the Fund during a fiscal year to pay
the administrative costs of implementing this Act.
SEC. 4. COASTAL CONSERVATION AND HABITAT RESTORATION PLAN.
(a) Requirement for Plan.--
(1) In general.--The Secretary may provide amounts from the
Fund to a coastal State under section 3 only if the Secretary
has approved a Coastal Conservation and Habitat Restoration
Plan for such coastal State as described in this section.
(2) Plans by political subdivision.--The Governor shall
include in the Plan submitted by the State any Plan prepared by
a coastal political subdivision of the State.
(b) Content of Plan.--A Plan submitted under this section shall
include activities to be carried out--
(1) to implement a management program approved under
section 306 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1455);
(2) to conserve and restore coastal lands and wetlands,
including measures to address subsidence;
(3) to protect areas of the coastal zone from damage
attributable to natural disasters, including activities to
protect property and lives from natural disasters;
(4) to improve the knowledge and understanding of coastal
habitats, including the acquisition and installation of
equipment designed to collect data on such habitats;
(5) to restore fisheries and coastal habitat; and
(6) to mitigate and prevent damages from offshore
activities carried out in or near the coastal zone.
(c) Requirement for Public Participation.--In the development of
the Plan, the Governor and the coastal political subdivision shall--
(1) solicit local input; and
(2) provide for public participation.
(d) Schedule for Review.--Not later than 90 days after a Plan of a
State is submitted under this subsection, the Secretary shall approve
or disapprove the plan.
(e) Amendments or Modification.--Any amendment to or revision of a
plan approved under this section shall be--
(1) prepared and submitted in accordance with the
requirements of this section; and
(2) approved or disapproved by the Secretary not later than
90 days after such amendment or revision is submitted.
(f) Use of Funds.--A coastal State and a coastal political
subdivision shall use any grant received under this Act--
(1) to carry out activities described in the Plan for such
coastal State approved by the Secretary in a manner that is
consistent with Federal and State law; and
(2) for any payment that is eligible to be made with funds
provided to States under section 35 of the Mineral Leasing Act
(30 U.S.C. 191).
(g) Improper Use of Funds.--If the Secretary determines that an
expenditure made by a coastal State or coastal political subdivision is
not in accordance with the approved Plan of the State (including any
plan of a coastal political subdivision included in the plan of the
State), the Secretary shall not disburse any additional amount under
this Act to such State or subdivision until--
(1) the amount of the expenditure is repaid to the
Secretary; or
(2) the Secretary approves an amendment to the plan that
authorizes the expenditure.
(h) Requirement for Signage.--The Secretary shall require, as a
condition of any allocation of funds provided under this section, that
Coastal State or coastal political subdivision shall include on any
sign installed at a site at or near an entrance or public use area for
which funds provided under this Act are used a statement that the
existence or development of the site is a product of those funds.
(i) Annual Report.--
(1) Requirement for report.--The Governor of a Coastal
State, in coordination with the coastal political subdivisions
of that State, shall submit an annual report to the Secretary
that describes all funds received under this Act during the
previous fiscal year and the use of such funds.
(2) Incorporation by reference.--The annual report required
by paragraph (1) may incorporate by reference any other report
required to be submitted under another provision of law.
SEC. 5. ARBITRATION.
The Secretary may require, as a condition of any payment under this
section, that a coastal State or coastal political subdivision shall
submit to arbitration--
(1) any dispute between the Coastal State or coastal
political subdivision and the Secretary regarding
implementation of this Act; and
(2) any dispute between the Coastal State and political
subdivision regarding implementation of this Act, including any
failure to include in the plan submitted by the State under
section 3 any spending plan of the coastal political
subdivision.
SEC. 6. CONSTRUCTION.
Nothing in this Act shall be construed as repealing, superseding,
modifying, or otherwise affect any authority or moratoria regarding
leasing of offshore energy resources in effect on the date of enactment
of this Act. | Coastal Conservation and Habitat Restoration Act of 2006 - Establishes the Coastal Conservation and Habitat Restoration Fund. Provides for the deposit into the Fund of specified amounts from the Digital Transition and Public Safety Fund and royalties from Outer Continental Shelf Fund revenues. Allocates Fund amounts in the form of grants to coastal states that have an approved Coastal Conservation and Habitat Restoration Plan that includes activities for coastal zone management, coastal wetlands conservation, coastal land protection, and fisheries habitat restoration. | {"src": "billsum_train", "title": "A bill to establish a Conservation and Habitat Restoration Fund and to require the Secretary of Commerce to provide grants to States for coastal zone management, coastal wetlands conservation, coastal land protection, and fisheries habitat restoration, and to improve understanding of coastal areas, and for other purposes."} | 2,982 | 106 | 0.570823 | 1.318047 | 1.146692 | 2.632184 | 31.54023 | 0.885057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Habeas Corpus Reform Act of 1994''.
SEC. 2. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES.
(a) In General.--Part IV of title 28, United States Code, is
amended by inserting immediately following chapter 153 the following
new title:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Application of chapter to prisoners in State custody subject to
capital sentence and appointment of
counsel.
``2257. Mandatory stays of execution and successive petitions.
``2258. Filing of habeas corpus petition.
``2259. Certificate of probable cause inapplicable.
``2260. Counsel in capital cases.
``Sec. 2256. Application of chapter to prisoners in State custody
subject to capital sentence and appointment of counsel
``(a) Applicability of Chapter to Cases.--This chapter shall apply
to cases arising under section 2254 of this title brought by prisoners
in State custody who are subject to a capital sentence. It shall apply
only if subsection (b) is satisfied.
``(b) Applicability of Chapter to States.--This chapter is
applicable if a State establishes by rule of its court of last resort
or by statute a mechanism for the appointment, compensation, and
payment of reasonable fees and litigation expenses of competent counsel
consistent with section 2260 of this title.
``(c) Rule for Previous Counsel.--No counsel appointed pursuant to
subsection (b) to represent a State prisoner under capital sentence
shall have previously represented the prisoner at trial or on direct
appeal in the case for which the appointment is made unless the
prisoner and counsel expressly request continued representation.
``(d) Ineffectiveness of Counsel.--The ineffectiveness or
incompetence of counsel appointed under this chapter during State or
Federal collateral post-conviction proceedings shall not be a ground
for relief in a proceeding arising under this chapter or section 2254
of this title. This limitation shall not preclude the appointment of
different counsel at any phase of State or Federal post-conviction
proceedings.
``Sec. 2257. Mandatory stays of execution and successive petitions
``(a) In General.--Upon the entry in the appropriate State court of
record of an order pursuant to section 2260 of this title, a warrant or
order setting an execution date for a State prisoner shall be stayed
upon application to any court that would have jurisdiction over any
proceedings filed pursuant to section 2254 of this title. The
application shall recite that the State has invoked the post-conviction
review procedures of this chapter and that the scheduled execution is
subject to stay.
``(b) Duration of Stay.--A stay of execution granted pursuant to
subsection (a) shall expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under section 2254 of this title within the time
required in section 2258 of this title;
``(2) upon completion of district court and court of
appeals review under section 2254 of this title the petition
for relief is denied and--
``(A) the time for filing a petition for certiorari
has expired and no petition has been filed;
``(B) a timely petition for certiorari was filed
and the Supreme Court denied the petition; or
``(C) a timely petition for certiorari was filed
and upon consideration of the case, the Supreme Court
disposed of it in a manner that left the capital
sentence undisturbed; or
``(3) a State prisoner under capital sentence waives the
right to pursue habeas corpus review under section 2254 of this
title--
``(A) before a court of competent jurisdiction;
``(B) in the presence of counsel; and
``(C) after having been advised of the consequences
of his decision.
``(c) Successive Petitions.--If one of the conditions provided in
subsection (b) is satisfied, no Federal court thereafter shall have the
authority to enter a stay of execution or grant relief in a capital
case unless--
``(1) the basis for the stay and request for relief is a
claim not previously presented by the prisoner in State or
Federal courts, and the failure to raise the claim is--
``(A) the result of State action in violation of
the Constitution or laws of the United States;
``(B) the result of the Supreme Court recognition
of a new Federal right that is retroactively
applicable; or
``(C) based on a factual predicate that could not
have been discovered through the exercise of reasonable
diligence in time to present the claim for State or
Federal postconviction review; and
``(2) the facts underlying the claim would be sufficient,
if proven, to undermine the court's confidence in the jury's
determination of guilt of the offense or offenses for which the
death penalty was imposed, or in the validity of the sentence
of death.
``Sec. 2258. Filing of habeas corpus petition
``(a) Filing of Petitions.--Any petition for habeas corpus relief
under section 2254 of this title must be filed in the appropriate
district court not later than 180 days after the date of filing in the
appropriate State court of record of an order issued appointing
collateral counsel in compliance with section 2260 of this title.
``(b) Time Requirements.--The time requirements established by this
section shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner seeks review of a capital sentence
that has been affirmed on direct appeal by the court of last
resort of the State or has otherwise become final for State law
purposes;
``(2) during any period in which a State prisoner under
capital sentence has a properly filed request for
postconviction review pending before a State court of competent
jurisdiction; if all State filing rules are met in a timely
manner, this period shall run continuously from the date that
the State prisoner initially files for post-conviction review
until final disposition of the case by the State court of last
resort; and
``(3) during an additional period not to exceed 90 days, if
counsel for the State prisoner--
``(A) moves for an extension of time in the United
States district court that would have proper
jurisdiction over the case upon the filing of a habeas
corpus petition under section 2254 of this title; and
``(B) makes a showing of good cause for counsel's
inability to file the habeas corpus petition within the
180-day period established by this section.
The tolling rule established by this subsection shall not apply during
the pendency of a petition for certiorari before the Supreme Court
following such State post-conviction review.
``Sec. 2259. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in order to
appeal from the district court to the court of appeals does not apply
to habeas corpus cases subject to this chapter except when a second or
successive petition is filed.
``Sec. 2260. Counsel in capital cases
``(a) In General.--A mechanism for the provision of counsel
services to indigents sufficient to invoke the provisions of this
chapter shall--
``(1) provide for counsel to--
``(A) indigents charged with offenses for which
capital punishment is sought;
``(B) indigents who have been sentenced to death
and who seek appellate or collateral review in State
court; and
``(C) indigents who have been sentenced to death
and who seek certiorari review in the United States
Supreme Court; and
``(2) provide for the entry and filing of an order in an
appropriate State court of record appointing one or more
counsel to represent the prisoner except upon a judicial
determination (after a hearing, if necessary) that--
``(A) the prisoner is not indigent; or
``(B) the prisoner knowingly and intelligently
waives the appointment of counsel.
``(b) Standards for Counsel.--
``(1) In general.--(A) Except as provided in paragraph (2),
at least one attorney appointed pursuant to this chapter before
trial, if applicable, and at least one attorney appointed
pursuant to this chapter after trial, if applicable, shall have
been certified by a statewide certification authority. The
States may elect to create one or more certification
authorities (but not more than three such certification
authorities) to perform the responsibilities set forth in
subparagraph (B).
``(B) The certification authority for counsel at any stage
of a capital case shall be--
``(i) a special committee, constituted by the State
court of last resort or by State statute, relying on
staff attorneys of a defender organization, members of
the private bar, or both;
``(ii) a capital litigation resource center,
relying on staff attorneys, members of the private bar,
or both; or
``(iii) a statewide defender organization, relying
on staff attorneys, members of the private bar, or
both.
``(C) The certification authority shall--
``(i) certify attorneys qualified to represent
persons charged with capital offenses or sentenced to
death;
``(ii) draft and annually publish procedures and
standards by which attorneys are certified and rosters
of certified attorneys; and
``(iii) periodically review the roster of certified
attorneys, monitor the performance of all attorneys
certified, and withdraw certification from any attorney
who fails to meet high performance standards in a case
to which the attorney is appointed, or fails otherwise
to demonstrate continuing competence to represent
prisoners in capital litigation.
``(2) Exception for states without state systems.--In a
State that has a publicly-funded public defender system that is
not organized on a statewide basis, the requirements of
paragraph (1) shall be deemed to have been satisfied if at
least one attorney appointed pursuant to this chapter before
trial shall be employed by a State funded public defender
organization, and if the highest court of the State finds on an
annual basis that the standards and procedures established and
maintained by such organization (which have been filed by such
organization and reviewed by such court on an annual basis)
insure that the attorneys working for such organization
demonstrate continuing competence to represent indigents in
capital litigation.
``(c) Noncomplying States.--
``(1) Before trial.--If a State has not elected to comply
with the provisions of subsection (b), in the case of an
appointment made before trial, at least one attorney appointed
under this chapter must have been admitted to practice in the
court in which the prosecution is to be tried for not less than
5 years, and must have not less than 3 years' experience in the
trial of felony prosecutions in that court.
``(2) After trial.--If a State has not elected to comply
with the provisions of subsection (b), in the case of an
appointment made after trial, at least one attorney appointed
under this chapter must have been admitted to practice in the
court of last resort of the State for not less than 5 years,
and must have had not less than 3 years' experience in the
handling of appeals in that State courts in felony cases.
``(d) Different Attorney.--Notwithstanding any other provision of
this section, a court, for good cause, and upon the defendant's
request, may appoint another attorney whose background, knowledge or
experience would otherwise enable the attorney to properly represent
the defendant, with due consideration of the seriousness of the
possible penalty and the unique and complex nature of the litigation.
``(e) Payment for Additional Services.--Upon a finding in ex parte
proceedings that investigative, expert or other services are reasonably
necessary for the representation of the defendant, whether in
connection with issues relating to guilt or issues relating to
sentence, the court shall authorize the defendant's attorney to obtain
such services on behalf of the defendant and shall order the payment of
reasonable fees and expenses therefor, under subsection (f). Upon
finding that timely procurement of such services could not practically
await prior authorization, the court may authorize the provision of any
payment of services nunc pro tunc.
``(f) Attorney Compensation.--Notwithstanding the rates and maximum
limits generally applicable to criminal cases and any other provision
of law to the contrary, the court shall fix the compensation to be paid
to an attorney appointed under this subsection (other than State
employees) and the fees and expenses to be paid for investigative,
expert, and other reasonably necessary services authorized under
subsection (c), at such rates or amounts as the court determines to be
reasonably necessary to carry out the requirements of this
subsection.''.
(b) Amendments to Table of Chapters.--The table of chapters for
part IV of title 28, United States Code, is amended by inserting after
the item for chapter 153 the following:
``154. Special habeas corpus procedures in capital cases.... 2256''. | Habeas Corpus Reform Act of 1994 - Amends the Federal judicial code to provide special habeas corpus procedures in cases brought by prisoners in State custody subject to a capital sentence if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel for such persons who are indigents charged with offenses for which capital punishment is sought or indigents who have been sentenced to death and who seek appellate or collateral review in State court or certiorari review in the U.S. Supreme Court.
Requires a warrant or order setting an execution date for a State prisoner, upon the entry in the appropriate State court of record of an order apointing counsel, to be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to pertinent provisions of the judicial code.
Specifies conditions under which a stay shall expire. Denies a Federal court the authority to enter a stay of execution or grant relief in a capital case if any of such conditions are satisfied, unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in State or Federal courts and the failure to raise the claim is either the result of State action in violation of the Constitution or Federal law, the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed or in the validity of the sentence of death.
Sets forth provisions regarding: (1) time requirements and the tolling rule for the filing of such habeas corpus petitions; (2) inapplicability of the requirement of a certificate of probable cause in order to appeal a habeas corpus case subject to this Act; and (3) counsel appointed in capital cases (including rules regarding previous counsel, ineffectiveness of counsel, certification standards or qualifications for counsel appointed pursuant to this Act, and attorney compensation). | {"src": "billsum_train", "title": "Habeas Corpus Reform Act of 1994"} | 2,926 | 508 | 0.648537 | 2.151875 | 0.721532 | 6.153318 | 6.231121 | 0.967963 |
SECTION 1. MORTGAGE PROTECTION LIFE INSURANCE.
(a) In General.--Chapter 19 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--SUPPLEMENTAL MORTGAGE PROTECTION LIFE INSURANCE FOR
CERTAIN VETERANS
``Sec. 1991. Purchase of insurance
``(a) The Secretary may, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5), purchase from one or more life
insurance companies a policy or policies of mortgage protection life
insurance on a group basis to provide the benefits specified in this
subchapter.
``(b) A veteran (other than a veteran eligible for insurance under
section 2106 of this title) who establishes to the satisfaction of the
Secretary that the veteran is unable to obtain commercial life
insurance because of a service-connected disability shall, upon
application made in such form as the Secretary shall prescribe, be
granted insurance under this subchapter.
``Sec. 1992. Amount of insurance
``(a) The initial amount of insurance provided to a veteran under
this subchapter may not exceed the lowest of the following amounts:
``(1) $40,000.
``(2) The amount of the loan outstanding on a dwelling (and
necessary land therefor) owned or occupied by the veteran as a
home on the date insurance under this subchapter is placed in
effect.
``(3) In the case of a veteran who purchases or constructs
a dwelling (including necessary land therefor) to be occupied
by the veteran as a home on or after the effective date of this
section, the amount of the original loan on that dwelling (and
land).
``(b) The amount of such insurance shall be reduced according to
the amortization schedule of the loan and at no time shall exceed the
amount of the outstanding loan with interest.
``Sec. 1993. Premiums
``(a) The premiums charged a veteran for insurance under this
subchapter shall be paid at such times and in such manner as the
Secretary shall prescribe. Those premiums shall be based on such
mortality data as the Secretary considers appropriate to cover only the
mortality cost of insuring veterans with service-connected disabilities
who are unable to obtain commercial mortgage protection life insurance.
``(b) The Secretary shall deduct the premiums charged a veteran for
insurance under this subchapter from any compensation or other cash
benefits payable to the veteran by the Secretary and shall pay such
premiums to the insurer or insurers for such insurance. A veteran
insured under this subchapter who is not eligible for cash benefits
from the Secretary may pay the amount of such premiums directly to the
insurer or insurers.
``Sec. 1994. Payment of insurance
``An amount of insurance in force under this subchapter on the date
of death of a veteran insured under this subchapter shall be paid only
to the holder of the mortgage loan, the payment of which such insurance
was granted, for credit on the loan indebtedness, and the liability of
the insurer under such insurance shall be satisfied when such payment
is made. If the Secretary is the holder of the mortgage loan, the
insurance proceeds shall be credited to the loan indebtedness and, as
appropriate, deposited in the direct loan or loan guaranty revolving
fund established by section 3723 or 3724 of this title, respectively.
``Sec. 1995. Insurance policy provisions
``(a) Each policy purchased under section 1991 of this title shall
provide, in terms approved by the Secretary, for the following:
``(1) Reinsurance, to the extent and in a manner to be
determined by the Secretary to be in the best interest of the
veterans or the Government, with such other insurers which meet
qualifying criteria established by the Secretary as may elect
to participate in such reinsurance.
``(2) That at any time the Secretary determines such action
to be in the best interest of veterans or the Government, the
Secretary may (A) discontinue the entire policy, or (B) at the
Secretary's option, exclude from coverage under the policy
loans made after a date fixed by the Secretary for that
purpose. Any insurance previously issued to a veteran under
such policy may not be canceled by the insurer solely because
of termination of the policy by the Secretary with respect to
new loans. If the entire policy is discontinued, the Secretary
shall have the right to require the transfer, to the extent and
in a manner to be determined by the Secretary, to any new
company or companies with which the Secretary has negotiated a
new policy or policies, the amounts, as determined by the
existing insurer or insurers with the concurrence of the
Secretary, of any policy or contingency reserves with respect
to insurance previously in force.
``(3) Issuance to each veteran insured under this
subchapter of a uniform type of certificate setting forth the
benefits to which the veteran is entitled under the insurance.
``(4) Any other provisions which are reasonably necessary
or appropriate to carry out the provisions of this subchapter.
``(b)(1) Any such policy shall also provide that the insurer under
the policy shall provide to the Secretary an accounting not later than
90 days after the end of each policy year which shall set forth, in a
form approved by the Secretary, the following:
``(A) The amount of premiums paid by veterans accrued under
the contract or agreement from its date of issue to the end of
such contract year.
``(B) The total of all mortality and other claim charges
incurred for that period.
``(C) The amount of the insurer's expense and risk charges,
if any, for that period.
``(2) If the amount under paragraph (1)(A) is greater than the sum
of the amounts under paragraph (1)(B) and (1)(C), the amount of the
difference shall be held by the insurer as a contingency reserve to be
used by that insurer for charges under the contract or agreement only.
The contingency reserve shall bear interest at a rate to be determined
in advance of each contract year by the insurer, which rate shall be
approved by the Secretary if consistent with the rates generally used
by the insurer for similar funds held under other plans of group life
insurance.
``(3) If the Secretary determines that such contingency reserve has
attained an amount estimated by the Secretary to make satisfactory
provision for adverse fluctuations in future charges under the
contract, the Secretary shall require the insurer to adjust the premium
rates and contributions so as to prevent any further substantial
accretions to the contingency reserve.
``(4) If the contract or agreement is discontinued and if after all
charges have been made there is any positive balance remaining in the
contingency reserve, the insurer shall pay such balance to the
Secretary. Any such payment shall be credited to the appropriation
`Compensation and Pensions, Department of Veterans Affairs,'. The
insurer shall be allowed to make any such payment in equal monthly
installments over a period of not more than two years.
``(c) With respect to insurance contracted for under this
subchapter, the Secretary may adopt such regulations relating to
eligibility of the veteran for insurance, the maximum amount of
insurance, the maximum duration of insurance, and other pertinent
factors not specifically provided for in this subchapter, as in the
Secretary's judgment are in the best interest of veterans or the
Government.
``(d) Insurance contracted for under this subchapter shall take
effect as to any veteran on a date determined by the Secretary.
``(e) The amount of the insurance at any time shall be the amount
necessary to pay the mortgage indebtedness in full, except as otherwise
limited by the policy.
``Sec. 1996. Termination of insurance
``(a) Insurance contracted for under this subchapter shall
terminate upon whichever of the following first occurs:
``(1) Satisfaction of the veteran's indebtedness under the
loan upon which the insurance is based.
``(2) The veteran's 70th birthday.
``(3) Termination of the veteran's ownership of the
property securing the loan.
``(4) Discontinuance of payment of premiums by the veteran.
``(5) Discontinuance of the entire contract or agreement.
``(b) Termination of insurance under this subchapter shall not
affect the guaranty or insurance of the loan by the Secretary under any
other provision of this chapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end thereof the following:
``Subchapter V--Supplemental Mortgage Protection Life Insurance for
Certain Veterans
``Sec.
``1991. Purchase of insurance.
``1992. Amount of insurance.
``1993. Premium.
``1994. Payment of insurance.
``1995. Insurance policy provisions.
``1996. Termination of insurance.''. | Authorizes the Secretary of Veterans Affairs to provide mortgage protection life insurance to certain veterans unable to obtain commercial life insurance at a standard rate because of service-connected disabilities. Establishes guidelines for such insurance regarding: (1) amount of insurance; (2) premium rates; (3) payment of insurance; and (4) policy provisions. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide mortgage protection life insurance to certain veterans unable to acquire commercial mortgage protection life insurance because of service-connected disabilities."} | 1,965 | 66 | 0.513283 | 1.268063 | 0.668799 | 2.426471 | 27.411765 | 0.867647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Election Law Integrity Act
of 2001''.
SEC. 2. FINDINGS AND DECLARATIONS.
Congress finds and declares that--
(1) Congress does not intend, and has never intended, to
permit foreign nationals to make political contributions or
donations to any candidate for local, State, or Federal public
office in the United States or to any political party in the
United States, directly or indirectly, or to support or
participate in the activities of political committees
established pursuant to the Federal Election Campaign Act of
1971;
(2) to this end, section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) makes it ``unlawful for a
foreign national directly or through another person to make any
contribution of money or other thing of value . . . in
connection with'' any election to political office or
proceeding to select a political candidate;
(3) despite this statutory prohibition, its applicability
to certain donations by foreign nationals to accounts of
political parties has recently been questioned;
(4) on October 9, 1998, the United States District Court
for the District of Columbia Circuit dismissed portions of a
criminal indictment against Yah Lin Trie, in United States v.
Yah Lin Trie, based on a judicial determination that the
prohibition on political contributions by foreign nationals
established by section 319 of the Federal Election Campaign Act
of 1971 does not clearly prohibit all political contributions
by foreign nationals, particularly, donations by foreign
nationals to United States political party accounts not made
``in connection with'' an election or primary; and
(5) it is the intent of Congress and this Act to reaffirm
that foreign nationals may not make any donation of money or
other thing of value to any United States candidate, political
committee or party account, directly or indirectly and whether
or not made ``in connection with'' an election or primary.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES BY FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
(1) by redesignating subsection (b) as subsection (h);
(2) by amending subsection (a) to read as follows:
``(a) It shall be unlawful for a foreign national directly or
through any other person to make any contribution or donation, or to
promise expressly or impliedly to make any such contribution or
donation, to any candidate for political office, any political
committee, or any organization or account created or controlled by any
United States political party or candidate, including but not limited
to contributions or donations made in connection with any election to
any political office or in connection with any primary election,
convention, or caucus held to select candidates for any political
office.''; and
(3) by inserting after subsection (a) the following new
subsections:
``(b) It shall be unlawful for any person to solicit, accept, or
receive any contribution or donation prohibited under subsection (a).
``(c) It shall be unlawful for any person organized under or
created by the laws of the United States or of any State or other place
subject to the jurisdiction of the United States to make any
contribution to any candidate for political office, or to make any
contribution or donation to any political committee or to any
organization or account created or controlled by any United States
political party, unless such contribution or donation (as the case may
be) is derived solely from funds generated from such person's own
business activities in the United States.
``(d) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decision-making process of
any person organized under or created by the laws of the United States
or any State or other place subject to the jurisdiction of the United
States with regard to--
``(1) any decisionmaking concerning the administration of a
political committee;
``(2) the making of any contributions or expenditures to or
on behalf of any candidate for political office; or
``(3) the making of any contributions, donations, or
expenditures to or on behalf of any political committee, or to
or on behalf of any organization or account created or
controlled by any United States political party.
``(e) Nothing in this Act may be construed to prohibit any
individual eligible to vote in an election for Federal office from
making contributions, donations, or expenditures in support of a
candidate for such an election (including voluntary contributions or
expenditures made through a separate segregated fund established by the
individual's employer or labor organization) or otherwise participating
in any campaign for such an election in the same manner and to the same
extent as any other individual eligible to vote in an election for such
office.
``(f) As used in this section, the term `donation' means money or
any other thing of value (other than a contribution) which is given to
a candidate for public office, political committee, or organization or
account created or controlled by any United States political party.''. | Federal Election Law Integrity Act of 2001 - Amends the Federal Election Campaign Act of 1971 to revise the ban on direct or indirect contributions by a foreign national in connection with any election to a political office, or any primary election, convention, or caucus held to select candidates for such an office. Specifies donations as well as contributions under such ban. Extends the ban to cover contributions or donations (or the promise of them) to any political committee, or any organization or account created or controlled by any U.S. political party or candidate.Makes it unlawful for any person to solicit, accept, or receive any such contribution or donation.Prohibits any person organized under or created by Federal or State law from making any contribution to any candidate for political office, or to any political committee or any organization or account created or controlled by any U.S. political party, unless such contribution or donation is derived solely from funds generated from such person's own business activities in the United States.Prohibits any foreign national from directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process of any person organized under or created by Federal or State law with regard to: (1) any decisionmaking concerning the administration of a political committee; (2) the making of any contributions or expenditures to or on behalf of any candidate for political office; or (3) the making of any contributions, donations, or expenditures to or on behalf of any political committee, or any organization or account created or controlled by any United States political party. | {"src": "billsum_train", "title": "To prohibit certain election-related activities by foreign nationals."} | 1,097 | 331 | 0.599771 | 1.864494 | 0.879859 | 6.138983 | 3.650847 | 0.938983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Care for Nursing Home
Patients Act of 2001''.
SEC. 2. NURSE STAFFING REQUIREMENTS.
(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) Licensed nurses.--A facility shall
have at least one licensed nurse on duty on the
premises for every--
``(I) 15 residents present during
the day,
``(II) 20 residents present during
the evening, and
``(III) 30 residents present during
the night.
``(ii) Direct caregivers.--In addition to
the requirement under clause (i), a facility
shall also have at least one direct caregiver
on duty on the premises for every--
``(I) 5 residents present during
the day,
``(II) 10 residents present during
the evening, and
``(III) 15 residents present during
the night.
``(iii) Counting.--In determining
compliance with the staffing levels under this
subparagraph, an individual may not be counted
while performing noncaregiving services, such
as administrative services, food preparation,
housekeeping, laundry, maintenance services, or
other noncaregiving-related activities.
``(iv) Authority to establish higher
standards.--The Secretary may establish higher
minimum staffing requirements, for resident
case mix and such other factors as the
Secretary determines appropriate, than those
imposed under clauses (i) and (ii).
``(v) Rules of construction.--
``(I) Nonpreemption.--Nothing in
this subparagraph shall be construed to
prohibit a State from imposing higher
minimum staffing requirements 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).
``(vi) Definitions.--In this subparagraph
and paragraph (8):
``(I) Licensed nurse.--The term
`licensed nurse' means a registered
professional nurse, licensed practical
nurse, or licensed vocational nurse who
meets State licensing requirements, and
who furnishes any of the following
services:
``(aa) Direct care
(including treatment and
medications).
``(bb) Resident assessment
and observation.
``(cc) Supervision of
direct patient care at the unit
level.
``(dd) Planning or
coordination of nursing
services with other resident
services.
``(II) Direct caregiver.--The term
`direct caregiver' means a certified
nurse assistant who provides direct
care (as defined by the Secretary) or a
licensed nurse who primarily provides
direct care.
``(III) Day.--The term `day' means
an eight-hour period commencing not
earlier than 6 a.m. nor later than 8
a.m.
``(IV) Evening.--The term `evening'
means an eight-hour period commencing
not earlier than 2 p.m. nor later than
4 p.m.
``(V) Night.--The term `night'
means an eight-hour period commencing
not earlier than 10 p.m. nor later than
12 midnight.''.
(b) Adjustment to Payments.--
(1) Medicare.--Section 1888(e)(4)(G) of such Act (42 U.S.C.
1395yy(e)(4)(G)) is amended by adding at the end the following
new clause:
``(iv) Adjustment to reflect costs of
minimum staffing.--The Secretary shall provide
for an appropriate adjustment to account for
the costs attributable to meeting the minimum
staffing requirements of subsections (b)(4)(D)
and (f)(8) of section 1819.''.
(2) Medicaid.--Section 1902(a)(13)(A) of such Act (42
U.S.C. 1396a(a)(13)(A)) is amended--
(A) in clause (iii), by striking the final ``and'';
(B) in clause (iv), by striking the semicolon and
inserting ``, and''; and
(C) by inserting after clause (iv) the following
new clause:
``(v) in the case of nursing facilities,
such rates take into account the costs
attributable to the requirements of section
1919(b)(4)(D).''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
(d) Report to Congress on Adequacy of Personnel To Meet Staffing
Requirements.--Not later than one year after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Congress a report regarding the adequacy of personnel in nursing
facilities covered under titles XVIII and XIX of the Social Security
Act to meet the direct care staffing requirements required under
sections 1819(b)(4)(D) and 1919(b)(4)(D) of the Social Security Act (as
added by subsection (a)) and, if inadequate, recommendations on steps
that should be taken to ensure that adequate numbers of trained staff
are available to meet such requirements, including ways to attract and
retain such direct caregiving personnel.
SEC. 3. DISCLOSURE OF STAFFING LEVELS.
(a) In General.--Section 1819(b)(8) and 1919(b)(8) of the Social
Security Act (42 U.S.C. 1395i-3(b)(8); 1396r(b)(8)), as added by
section 941 of the Medicare, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (114 Stat. 2763A-585), as enacted into law
by section 1(a)(6) of Public Law 106-554, are each amended to read as
follows:
``(8) Disclosure of staffing levels.--
``(A) In general.--A facility shall conspicuously
post the notices described in subparagraph (B), in the
manner described in subparagraph (C), in each area or
unit of the facility where residents reside.
``(B) Notices described.--Notices referred to in
subparagraph (A) are the following:
``(i) Minimum staffing requirements.--A
notice describing the minimum staffing
requirements set forth in subsection (b)(4)(D).
``(ii) Current staff information.--A notice
showing, separately for each shift in the area
or unit of the facility in which it is posted--
``(I) the name of the direct care
clinical supervisor for that area or
unit;
``(II) the current number of direct
caregivers (including licensed nurses)
present on the premises who perform
resident care and the name and
credential or professional title of
each such caregiver;
``(III) the current ratio of
residents to licensed nurses present on
the premises;
``(IV) the current ratio of
residents to direct caregivers
(including licensed nurses) present on
the premises assigned to that area or
unit; and
``(V) the current number of
residents of such area or unit.
``(C) Manner of posting; format of notice.--
``(i) Manner of posting.--Notices posted
under subparagraph (A) shall be posted adjacent
to each other in each area or unit to which
such notices apply in the facility, and posted
in a manner visible and accessible to
residents, their families, caregivers, and
prospective residents of such facility.
``(ii) Format of notice.--The Secretary
shall develop a uniform format for the notices
referred to in subparagraph (B) for facilities
to carry out the requirements of this
paragraph.
``(D) Recordkeeping.--The facility shall retain
records of such notices for not fewer than two years,
and shall make the information contained in those
notices available upon request.''.
(b) Conforming Amendments.--Sections 1819(b)(4) and 1919(b)(4) of
such Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended in
subparagraph (D)(v), as added by section 2(a) of this Act, by inserting
``and paragraph (8)'' after ``this subparagraph''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
SEC. 4. ADMINISTRATIVE STAFFING REQUIREMENTS.
(a) In General.--Sections 1819(d)(1) and 1919(d)(1) of the Social
Security Act (42 U.S.C. 1395i-3(d)(1); 1396r(d)(1)) are each amended by
adding at the end the following new subparagraph:
``(D) Administrative staffing.--A facility must
maintain at least the administrative staff described in
the following clauses:
``(i) Director of nursing services.--An
individual who serves full time as a director
of nursing services and who is a registered
professional nurse.
``(ii) Assistant director of nursing
services.--An individual who serves full time
as an assistant director of nursing services
and who is a registered professional nurse,
except that in a facility with fewer than 100
beds, such individual may serve part time and
may also serve as a direct care clinical
nursing supervisor.
``(iii) Director of in-service education.--
An individual who serves full time as a
director of in-service education, who is a
registered professional nurse, and who has, to
the extent practicable and appropriate,
training in adult education and gerontology,
except that in a facility with fewer than 100
beds, such individual may serve part time.
``(iv) Direct care clinical nursing
supervisor.--For each shift each day, an
individual who serves full time as a direct
care clinical nursing supervisor and who is a
registered professional nurse, except that in a
facility with fewer than 100 beds, such an
individual may serve part time and may also
serve as an assistant director of nursing.
An individual may not satisfy more than one requirement
of clauses (i) through (iv), except as specifically
provided.''.
(b) Conforming Amendments.--Sections 1819(b)(4) and 1919(b)(4) of
such Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended in
subparagraph (D)(v), as added by section 2(a) and amended by section
3(b) of this Act, by striking ``and paragraph (8)'' and by inserting
``, paragraph (8), and subsection (d)(1)(D)''.
(c) Payment Modification.--
(1) Medicare.--Section 1888(e)(4)(G)(iv) of such Act (42
U.S.C. 1395yy(e)(4)(G)(iv)), as added by section 2(b)(1) of
this Act, is amended by striking ``section 1819(b)(4)(D)'' and
inserting ``subsections (b)(4)(D) and (d)(1)(D) of section
1819''.
(2) Medicaid.--Section 1902(a)(13)(A)(v) of such Act (42
U.S.C. 1396a(a)(13)(A)(v)), as added by section 2(b)(2) of this
Act, is amended by striking ``section 1919(b)(4)(D)'' and
inserting ``subsections (b)(4)(D) and (d)(1)(D) of section
1919''.
(d) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
SEC. 5. APPLICATION OF REQUIREMENTS TO ALL BEDS.
(a) Medicare.--Section 1819 of the Social Security Act (42 U.S.C.
1395i-3) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Applicability of Protections to All Residents.--The
provisions of this section shall apply with respect to all residents of
a skilled nursing facility, without regard to whether the resident is
entitled to have payment made for skilled nursing facility services
under this title.''.
(b) Medicaid.--Section 1919(g) of the Social Security Act (42
U.S.C. 1396r(g)) is amended by adding at the end the following new
paragraph:
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Applicability of Protections to All Residents.--The
provisions of this section shall apply with respect to all residents of
a nursing facility, without regard to whether the resident is entitled
to have payment made for nursing facility services under the State plan
or under any other provision of this Act.''. | Quality Care for Nursing Home Patients Act of 2001 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to: (1) impose minimum direct care staffing requirements on nursing facilities receiving Medicare or Medicaid funding; (2) revise the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 with respect to disclosure of staffing levels at such facilities, adding notice requirements; (3) prescribe administrative staffing requirements for such facilities; and (4) apply quality of care requirements to all residents of skilled nursing facilities, without regard to whether the resident is entitled to have payment made for nursing facilities under Medicare or Medicaid. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to impose requirements with respect to staffing in nursing facilities receiving payments under the Medicare or Medicaid Program."} | 3,155 | 144 | 0.478617 | 1.301564 | 0.609875 | 3.438462 | 19.846154 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Children's Doctor Access
Act of 2008''.
SEC. 2. STATE REQUIREMENT UNDER SCHIP TO REPORT ON HEDIS MEASURE
RELATING TO ACCESS TO PCPS.
(a) In General.--Section 2108(a) of the Social Security Act (42
U.S.C. 1397hh(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, with appropriate
indentation;
(2) by designating the sentence beginning with ``The State
shall'' as a paragraph (1) with the hearing ``(1) In general.--
'' and appropriate indentation; and
(3) by adding at the end the following new paragraph:
``(2) Information on certain hedis measure required.--
``(A) In general.--Each annual report of a State
submitted under paragraph (1)(B) for a fiscal year
shall include information on the access HEDIS measure
described in subparagraph (B) for individuals eligible
for child health assistance under the State child
health plan during the fiscal year.
``(B) Access hedis measure described.--The access
HEDIS measure described in this subparagraph is the
Health Plan Employer Data and Information Set (HEDIS)
measure established by the National Committee for
Quality Assurance that is the following (or, in the
case of an update to such measure, such update):
``(i) The percentage of each of the
following populations of individuals described
in subparagraph (A) who had a visit with a
primary care practitioner during the previous
12-month period:
``(I) Individuals who are at least
12 months of age and who have not
attained 25 months of age.
``(II) Individuals who are at least
25 months of age and have not attained
7 years of age.
``(ii) The percentage of each of the
following populations of individuals described
in subparagraph (A) who had a visit with a
primary care practitioner during the previous
24-month period:
``(I) Individuals who are at least
7 years of age and who have not
attained 12 years of age.
``(II) Individuals who are at least
12 years of age and who have not
attained 19 years of age.''.
(b) Effective Date.--The amendment made by subsection (a)(3) shall
be effective for annual reports submitted for fiscal year 2010 and each
subsequent fiscal year.
SEC. 3. STATE EFFORTS UNDER SCHIP TO AVOID DISPLACEMENT OF PRIVATE
HEALTH COVERAGE.
(a) In General.--Section 2102(c) of the Social Security Act (42
U.S.C. 1397bb(c)) is amended by adding at the end the following new
paragraph:
``(3) Efforts to avoid displacement of private health
coverage.--(A) Prioritization of outreach to families with
income below 200 percent of the Federal poverty level.
``(B) Discouragement of the crowd out of private health
insurance coverage for families with income at least 300
percent of the Federal poverty level.''.
(b) Annual State Reports Under SCHIP on Efforts To Avoid
Displacement of Private Health Coverage.--
(1) In general.--Section 2108(a) of the Social Security Act
(42 U.S.C. 1397hh(a)), as amended by section 2, is further
amended by adding at the end the following new paragraph:
``(3) Information on efforts to avoid displacement of
private health coverage.--Each annual report of a State
submitted under paragraph (1)(B) shall include, with respect to
the State child health plan under this title for a fiscal year,
a description of the measures taken by the State, and the
progress of the State, to follow the procedures described by
the State pursuant to subparagraphs (A) and (B) of section
2102(c)(3).''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective for annual reports submitted for fiscal year
2010 and each subsequent fiscal year.
SEC. 4. SENSE OF CONGRESS REGARDING UTILIZATION OF CAHPS CONSUMER
SATISFACTION SURVEYS.
It is the sense of Congress that each State that has a State child
health plan under title XXI of the Social Security Act should--
(1) utilize consumer satisfaction surveys developed by the
Consumer Assessment of Healthcare Providers and Systems (CAHPS)
administered by the Agency for Healthcare Research and Quality,
specifically the Getting Needed Care and Getting Care Quickly
question components of the CAHPS 4.0H Child Survey (or in the
case of an update to such survey, of such update), to measure
the extent to which individuals eligible for child health
assistance under the State plan have access to physicians,
including primary care practitioners and specialists, and the
degree of ease with which such access is attainable by such
individuals; and
(2) include the results of such surveys for a fiscal year
in the annual report submitted for such fiscal year by the
State to the Secretary under section 2108(a) of the Social
Security Act (42 U.S.C. 1397hh(a)). | Improving Children's Doctor Access Act of 2008 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require annual state SCHIP reports to include information on: (1) the HEDIS (Health Plan Employer Data and Information Set) measure relating to access to primary care practitioners by individuals eligible for child health assistance; and (2) efforts to avoid displacement of private health coverage.
Expresses the sense of Congress that states with a state child health plan should utilize consumer satisfaction surveys developed by the Consumer Assessment of Healthcare Providers and Systems (CAHPS) administered by the Agency for Healthcare Research and Quality, specifically the Getting Needed Care and Getting Care Quickly question components of the CAHPS 4.0H Child Survey, to measure the extent to which individuals eligible for child health assistance under the state plan have access to physicians. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to require SCHIP annual reports to include information on the HEDIS measure relating to access to primary care practitioners by individuals eligible for child health assistance under such plans and on State efforts to avoid certain displacement of private health coverage, and to express the sense of Congress that such States should utilize Consumer Assessment of Healthcare Providers and Systems consumer satisfaction surveys to measure access by such individuals to physicians."} | 1,188 | 191 | 0.529519 | 1.416874 | 0.84884 | 5.530864 | 6.382716 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Sports Responsibility
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress has created some important legal benefits for
professional sports leagues, some of which have been
instrumental to the enormous success of those leagues. These
benefits include antitrust exemptions created under the
National Sports Broadcasting Act, labor exemptions to the
antitrust laws to engage in collective bargaining agreements,
special visas for foreign professional athletes, and several
tax benefits including tax write-offs after the sale of a team
and tax exemption status for professional sports leagues.
Additionally, they enjoy indirect tax benefits which create
incentives for cities to build stadiums.
(2) The leagues have no entitlement to these benefits and
Congress can revoke these benefits away at any time.
(3) The illegal use of anabolic steroids, performance
enhancing substances, and Schedule I controlled substances by
professional athletes poses a significant public health and
safety concern not only for the players on the field, but also
for the general public. As long as athletes believe the use of
these products is necessary to gain a competitive edge and
secure recognition in the professional leagues, there will be
incentives for amateur athletes to use these products to
attempt to reach higher levels of competition.
(4) Studies suggest a connection between the use of
performance enhancing substances by professional athletes and
the increased use of these substances by children and
teenagers. Experts estimate that over 500,000 teenagers have
used performance-enhancing substances, which can have serious
health consequences, especially for teenagers and children.
(5) The detrimental health effects of these substances are
well-documented including stunted growth, scarring acne, hair
loss, hormonal and metabolic imbalances, liver damage, a higher
risk of heart attack and stroke, dramatic mood swings, and
violent tendencies.
(6) The tolerance of the use of performance enhancing
substances by professional athletes by the professional sports
leagues send the wrong message to youth that these drugs must
be used to advance in athletic competition.
(7) To continue to enjoy the benefits afforded the leagues
by Congress, the leagues must operate as responsible citizens
of the United States by adopting strong policies to eliminate
the use of these substances and reassure the public that there
will be no place in professional sports for the illegal use of
performance-enhancing substances or other controlled
substances.
(8) As of the date of enactment of this Act, Congress is
not satisfied that the four major professional leagues have an
appropriate testing and penalty policy in place. Minimum
standards for testing for the illegal use of performance-
enhancing substances and other controlled substances, and
minimum penalties for the illegal use of these substances,
should be established.
(9) Because the list of performance-enhancing substances
continues to expand and new substances are always being
developed, the list of substances must be frequently monitored
and updated. The Department of Justice, as the agency tasked
with enforcing the laws on controlled substances, is the
appropriate agency to establish, monitor, and update standards
for testing for and penalties for illegal use of performance-
enhancing and other controlled substances.
SEC. 3. DEFINITIONS.
In this Act the following definitions apply:
(1) Accreditation body.--The term ``accreditation body''
means the private nonprofit organization authorized under
section 5 to audit, inspect, and certify major professional
leagues.
(2) Major professional league.--The term ``major
professional league'' means Major League Baseball, the National
Basketball Association, the National Football League, and the
National Hockey League or any successor organization to such
leagues.
(3) Off-season.--The term ``off-season'' means the period
of time in each calendar year outside of the season of play for
each major professional league.
(4) Professional athlete.--The term ``professional
athlete'' means an individual who competes in a major
professional league.
(5) Season of play.--
(A) In general.--The term ``season of play'' for
each major professional league means the period of time
in each calendar year beginning with the date on which
professional athletes of that major professional league
are collectively obligated to report to their teams in
preparation for play and ending with the last game of
the major professional league's regular season.
(B) Post-season.--The season of play shall include
post-season play for an athlete who is a member of a
team that remains active in post-season play.
SEC. 4. STANDARDS FOR TESTING FOR PERFORMANCE-ENHANCING AND OTHER
CONTROLLED SUBSTANCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall issue rules requiring
the testing by major professional leagues for the illegal use of
steroids and other performance-enhancing substances and any substance
designated as a Schedule I substance under the Controlled Substances
Act (21 U.S.C. 801 et seq.). The requirements of section 553 of title
5, United States Code, shall not apply to such rulemaking. Such rules
shall be issued with regard to each specific major professional league
and at a minimum establish--
(1) the minimum number of times each professional athlete
should be tested for prohibited substances during a calendar
year, ensuring that tests are conducted at random intervals
throughout the season of play and during the off-season;
(2) the applicable prohibited substances for which
professional athletes shall be tested;
(3) a method of testing and analysis which guarantees
that--
(A) the tests will be administered by an
independent party who is not an employee of a major
professional league, member team, or labor organization
representing professional athletes in that league; and
(B) the determination of the persons to be tested,
and the timing and frequency of testing, is not
controlled by the major professional league;
(4) a means for exempting particular substances that have
legitimate medical or therapeutic use, if such use is for a
documented medical condition of the professional athlete;
(5) sufficient penalties for any professional athlete who
tests positive for a prohibited substance and penalties for any
professional athlete who refuses or fails to submit to a
required test;
(6) an adequate appeals process; and
(7) procedures for publicly disclosing the identity of any
athlete who tests positive for a prohibited substance.
(b) Revisions to Rule.--The Attorney General shall have the
authority to modify and update the standards issued under subsection
(a) as necessary. Any modification of such standards shall take effect
on January 1 of the year following the year in which the modifications
were issued.
SEC. 5. AUTHORIZATION OF INDEPENDENT ACCREDITATION BODY AND
CERTIFICATION.
(a) Accreditation Body.--The Attorney General shall authorize a
private nonprofit organization to be an accreditation body for the
certification of major professional leagues. Such accreditation body
shall--
(1) audit a major professional league's testing protocols
and policies with such frequency as the Attorney General shall
determine; and
(2) with such frequency as determined by the Attorney
General, inspect the testing of a major professional league of
its professional athletes to ensure that the testing procedures
meet the standards established under section 4.
(b) Certification Requirements.--
(1) Certification.--The accreditation body shall certify a
major professional league each year prior to the beginning of
that league's season of play if such league adopts and enforces
a policy for the testing for the illegal use of performance-
enhancing substances and other controlled substances which
meets the standards established under section 4.
(2) Application and requirements for certification.--To be
certified under this section, a major professional league
shall--
(A) submit an application to the accreditation
body--
(i) in such form and manner as the Attorney
General shall prescribe;
(ii) that describes the characteristics of
the major professional league's prohibited
substance testing protocols, policies and
procedures, including--
(I) the number and types of tests
for prohibited substances conducted in
a calendar year, including the actual
number of professional athletes tested;
(II) the methodologies used for
administering tests and other
procedures employed;
(III) the qualifications
(educational background, training, and
experience) of the lab personnel
selected to evaluate the tests; and
(IV) adjudication policies and
procedures, including policies and
procedures governing an appeals
process; and
(iii) that contains such other information
as the Attorney General may require to
determine compliance with this Act;
(B) provide the accreditation body satisfactory
assurances that the major professional league will be
operated in accordance with standards issued by the
Attorney General under section 4; and
(C) agree to permit inspections by the
accreditation body and to make available any records
and submit reports to the accreditation body as the
Attorney General may reasonably require.
(c) Suspension and Revocation.--The certification of a major
professional league issued under this section may be suspended or
revoked if the accreditation body finds, after reasonable notice and
opportunity for hearing of the owner or operator of the major
professional league, that such owner or operator or any employee of the
major professional league--
(1) has been guilty of misrepresentation in obtaining the
certification;
(2) has failed to comply with the requirements of this
section or the standards established under section 4;
(3) has failed to comply with reasonable requests of the
accreditation body for any information or materials that the
accreditation body concludes is necessary to determine the
major professional league's continued eligibility for
certification; or
(4) has refused a reasonable request of the accreditation
body to inspect the major professional league and its
operations and pertinent records.
(d) Report.--The accrediting body shall report to Congress whenever
a major professional league fails to receive certification under
subsection (b) or a major professional league's certification is
revoked or suspended, under subsection (c). The report shall include
the reasons for which the league was not certified or for which its
certification was revoked or suspended.
SEC. 6. CIVIL PENALTIES.
Beginning 1 year after the date on which the final rules required
by section 4 are issued, the Attorney General may fine any major
professional league that fails to adopt and enforce testing policies
and procedures consistent with such rules. The amount of the fine shall
be not more than $5,000,000, except that the Attorney General may
increase that amount by not more than $1,000,000 for each additional
day of noncompliance. The Attorney General may reduce the amount of the
fines provided for in this section upon finding such fines to be unduly
burdensome for a particular major professional league.
SEC. 7. FURTHER CONGRESSIONAL ACTION.
(a) Report to Congress.--The Attorney General shall report to
Congress regarding any major professional league that fails to adopt or
enforce policies and procedures consistent with the rules issued
pursuant to section 4. Such report shall include recommendations on any
specific action regarding any of the privileges, exemptions, or other
benefits enjoyed by such major professional leagues under the law.
(b) Sense of Congress.--It is the sense of Congress that Congress
should annually review the certification status of each major
professional league and consider taking legislative action regarding
the benefits enjoyed by any league that fails to adopt or enforce
policies and procedures consistent with the rules issued pursuant to
this Act.
SEC. 8. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS
FACILITIES OR INVOLVING ATHLETES.
(a) In General.--Part D of the Controlled Substances Act is amended
by adding at the end the following:
``anabolic steroid offenses near sports facilities or involving
athletes
``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416
by manufacturing, distributing, or possessing with intent to
distribute, an anabolic steroid near or at a sports facility, or by
distributing or possessing with intent to distribute an anabolic
steroid to a professional, college, or high school athlete, is subject
to twice the maximum term of imprisonment, maximum fine, and maximum
term of supervised release otherwise provided by section 401 for that
offense.
``(b) As used in this section--
``(1) the term `sports facility' means real property where
athletic sports or athletic training takes place, if such
property is privately owned for commercial purposes or if such
property is publicly owned, but does not include any real
property described in section 419;
``(2) the term `near or at' means in or on, or within 1000
feet of;
``(3) the term `college or high school athlete' means an
athlete who is a student at an institution of higher learning
(as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001) or at a secondary school (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801);
``(4) the term `athlete' means an individual who
participates in an athletic activity conducted by--
``(A) an intercollegiate athletic association or
interscholastic athletic association;
``(B) a professional athletic association; or
``(C) an amateur athletic organization;
``(5) the term `athletic activity' means an activity that--
``(A) has officially designated coaches;
``(B) conducts regularly scheduled practices or
workouts that are supervised by coaches; and
``(C) has established schedules for competitive
events or exhibitions; and
``(6) the term `possessing with intent to distribute' means
possessing with the intent to distribute near or at a sports
facility.''.
(b) Table of Contents Amendment.--The table of contents for
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by inserting after the item relating to section 423 the following new
item:
``Sec. 424. Anabolic steroid offenses near sports facilities or
involving athletes.''.
SEC. 9. STUDIES AND REPORTS.
(a) Report on Effectiveness of Regulations.--Not later than 2 years
after the date of enactment of this Act and every 2 years thereafter,
the Attorney General shall transmit to the Committees on the Judiciary
of the Senate and the House of Representatives a report describing the
effectiveness of the regulations prescribed under section 4, the degree
to which professional sports associations have complied with such
regulations, and any significant examples of noncompliance.
(b) Study on College Testing Policies and Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the illegal use of performance-enhancing substances and
other controlled substances by college athletes which shall
examine the prohibited substance policies and testing
procedures of intercollegiate athletic associations and college
and university athletic departments.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit a
report of the study required by subsection (a) to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate. The report shall--
(A) assess the adequacy of the testing policies and
procedures described in subsection (a) in detecting and
preventing the illegal use of performance-enhancing and
other controlled substances; and
(B) include recommendations to Congress regarding
expanding the application of the regulations issued
pursuant to this Act to such intercollegiate and
interscholastic athletic associations.
SEC. 10. INCLUSION OF ADDITIONAL LEAGUES.
The Attorney General may include any additional professional sports
league or the entities participating in Division I or Division II of
the National Collegiate Athletic Association as a major professional
league if the Attorney General determines that such additions would
prevent the illegal use of performance-enhancing substances and other
controlled substances by high school, college, or professional
athletes. | Professional Sports Responsibility Act of 2005 - Requires the Attorney General to issue rules requiring major professional leagues (i.e., Major League Baseball, the National Basketball Association, the National Football League, and the National Hockey League) to test athletes for the illegal use of steroids and other performance-enhancing substances and Schedule I substances. Requires such regulations to establish: (1) the number of times each athlete should be tested and the prohibited substances; (2) a means for exempting substances used for a documented medical condition; (3) sufficient penalties for any athlete who tests positive and procedures for publicly disclosing such athlete's identity; and (4) an appeals process.
Requires the Attorney General to authorize a private nonprofit organization to be an accreditation body to annually certify that each league's testing meets established standards.
Allows the Attorney General to assess fines for failure to adopt or enforce the required testing policies.
Requires the Attorney General to report to Congress regarding any league that fails to comply with such policies and the effectiveness of the regulations under this Act.
Amends the Controlled Substances Act to double the maximum penalties for violations regarding anabolic steroids that occur near or at a sports facility or that involve an athlete.
Directs the Comptroller General to study the illegal use of performance-enhancing substances and other controlled substances by college athletes.
Allows the Attorney General to include as a major professional league any additional professional sports league or National Collegiate Athletic Association entities if such additions would prevent the illegal use of performance-enhancing substances and other controlled substances by athletes. | {"src": "billsum_train", "title": "To establish a Federal Office of Steroids Testing Enforcement and Prevention to establish and enforce standards for the testing for the illegal use in professional sports of performance enhancing substances and other controlled substances."} | 3,439 | 337 | 0.50485 | 1.595165 | 0.713979 | 3.733333 | 10.863333 | 0.953333 |
SECTION 1. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301
et seq.) is amended by adding at the end the following:
``TITLE XV--TEACHER LIABILITY PROTECTION
``SEC. 15001. SHORT TITLE.
``This title may be cited as the `Paul D. Coverdell Teacher
Liability Protection Act of 2001'.
``SEC. 15002. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) The ability of teachers, principals and other school
professionals to teach, inspire and shape the intellect of our
Nation's elementary and secondary school students is deterred
and hindered by frivolous lawsuits and litigation.
``(2) Each year more and more teachers, principals and
other school professionals face lawsuits for actions undertaken
as part of their duties to provide millions of school children
quality educational opportunities.
``(3) Too many teachers, principals and other school
professionals face increasingly severe and random acts of
violence in the classroom and in schools.
``(4) Providing teachers, principals and other school
professionals a safe and secure environment is an important
part of the effort to improve and expand educational
opportunities.
``(5) Clarifying and limiting the liability of teachers,
principals and other school professionals who undertake
reasonable actions to maintain order, discipline and an
appropriate educational environment is an appropriate subject
of Federal legislation because--
``(A) the scope of the problems created by the
legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers is of national
importance; and
``(B) millions of children and their families
across the Nation depend on teachers, principals and
other school professionals for the intellectual
development of children.
``(b) Purpose.--The purpose of this title is to provide teachers,
principals and other school professionals the tools they need to
undertake reasonable actions to maintain order, discipline and an
appropriate educational environment.
``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
``(a) Preemption.--This title preempts the laws of any State to the
extent that such laws are inconsistent with this title, except that
this title shall not preempt any State law that provides additional
protection from liability relating to teachers.
``(b) Election of State Regarding Nonapplicability.--This title
shall not apply to any civil action in a State court against a teacher
with respect to claims arising within that State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
``(1) citing the authority of this subsection;
``(2) declaring the election of such State that this title
shall not apply, as of a date certain, to such civil action in
the State; and
``(3) containing no other provisions.
``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
``(a) Liability Protection for Teachers.--Except as provided in
subsections (b) and (c), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of the
school if--
``(1) the teacher was acting within the scope of the
teacher's employment or responsibilities related to providing
educational services;
``(2) the actions of the teacher were carried out in
conformity with local, State, and Federal laws, rules and
regulations in furtherance of efforts to control, discipline,
expel, or suspend a student or maintain order or control in the
classroom or school;
``(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the teacher's
responsibilities;
``(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the teacher; and
``(5) the harm was not caused by the teacher operating a
motor vehicle, vessel, aircraft, or other vehicle for which the
State requires the operator or the owner of the vehicle, craft,
or vessel to--
``(A) possess an operator's license; or
``(B) maintain insurance.
``(b) Concerning Responsibility of Teachers to Schools and
Governmental Entities.--Nothing in this section shall be construed to
affect any civil action brought by any school or any governmental
entity against any teacher of such school.
``(c) Exceptions to Teacher Liability Protection.--If the laws of a
State limit teacher liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
``(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
``(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
``(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
``(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
``(1) General rule.--Punitive damages may not be awarded
against a teacher in an action brought for harm based on the
action or omission of a teacher acting within the scope of the
teacher's responsibilities to a school or governmental entity
unless the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an action or
omission of such teacher which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to the rights
or safety of the individual harmed.
``(2) Construction.--Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or
supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
``(e) Exceptions to Limitations on Liability.--
``(1) In general.--The limitations on the liability of a
teacher under this title shall not apply to any misconduct
that--
``(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18, United States
Code) for which the defendant has been convicted in any
court;
``(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has been
convicted in any court;
``(C) involves misconduct for which the defendant
has been found to have violated a Federal or State
civil rights law; or
``(D) where the defendant was under the influence
(as determined pursuant to applicable State law) of
intoxicating alcohol or any drug at the time of the
misconduct.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to effect subsection (a)(3) or (d).
``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
``(a) General Rule.--In any civil action against a teacher, based
on an action or omission of a teacher acting within the scope of the
teacher's responsibilities to a school or governmental entity, the
liability of the teacher for noneconomic loss shall be determined in
accordance with subsection (b).
``(b) Amount of Liability.--
``(1) In general.--Each defendant who is a teacher, shall
be liable only for the amount of noneconomic loss allocated to
that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render a
separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
``(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of each
person responsible for the claimant's harm, whether or not such
person is a party to the action.
``SEC. 15006. DEFINITIONS.
For purposes of this title:
``(1) Economic loss.--The term `economic loss' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
``(2) Harm.--The term `harm' includes physical,
nonphysical, economic, and noneconomic losses.
``(3) Noneconomic losses.--The term `noneconomic losses'
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
``(4) School.--The term `school' means a public or private
kindergarten, a public or private elementary school or
secondary school (as defined in section 14101, or a home
school.
``(5) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession.
``(6) Teacher.--The term `teacher' means a teacher,
instructor, principal, administrator, or other educational
professional that works in a school.
``SEC. 15007. EFFECTIVE DATE.
``(a) In General.--This title shall take effect 90 days after the
date of the enactment of the Paul D. Coverdell Teacher Liability
Protection Act of 2001.
``(b) Application.--This title applies to any claim for harm caused
by an act or omission of a teacher if that claim is filed on or after
the effective date of the Paul D. Coverdell Teacher Liability
Protection Act of 2001, without regard to whether the harm that is the
subject of the claim or the conduct that caused the harm occurred
before such effective date.''. | Paul D. Coverdell Teacher Liability Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title XV, Teacher Liability Protection.Preempts State law, except where it provides additional protection of teachers from liability. Makes ESEA title XV inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that ESEA title XV not apply.Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. | {"src": "billsum_train", "title": "A bill to provide for teacher liability protection."} | 2,429 | 190 | 0.487206 | 1.444111 | 0.787776 | 3.655172 | 15.434483 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruiting and Retaining Effective
School Leaders Act''.
SEC. 2. LOAN FORGIVENESS FOR PRINCIPALS IN HIGH NEEDS SCHOOLS.
Part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) is amended by adding at the end the following:
``SEC. 460A. LOAN FORGIVENESS FOR PRINCIPALS IN HIGH NEEDS SCHOOLS.
``(a) Loan Forgiveness Authorized.--The Secretary shall carry out a
program of canceling the obligation to repay a qualified loan amount in
accordance with subsection (b) for loans made under this part, which
were first disbursed on or after July 1, 2010, to any borrower who--
``(1) has graduated from a high-quality program, as
determined by the appropriate State agency for higher
education, in consultation with the Secretary;
``(2) has been employed as a full-time principal, as
defined by, for not less than 1 complete school year in a
school or location that qualifies under section 465(a)(2)(A)
for loan cancellation for Perkins loan recipients who teach in
such schools or locations; and
``(3) is not in default on a loan for which the borrower
seeks forgiveness.
``(b) Qualified Loan Amounts.--
``(1) In general.--
``(A) First 4 years.--Subject to paragraph (2),
after the completion of service as a principal as
described in subsection (a)(2) for a complete school
year for any school year after the first complete
school year of such service through the fourth complete
school year of such service, the Secretary shall
cancel--
``(i) 15 percent of the loan obligation on
a loan made under this part, which was first
disbursed on or after July 1, 2010; and
``(ii) the total amount of interest that
accrued during such school year.
``(B) Succeeding years.--Subject to paragraph (2),
after the completion of service as a principal as
described in subsection (a)(2) for a complete school
year for any school year after the fourth complete
school year of such service through the seventh
complete school year of such service, the Secretary
shall cancel--
``(i) 20 percent of the loan obligation on
a loan made under this part, which was first
disbursed on or after July 1, 2010; and
``(ii) the total amount of interest that
accrued during such school year.
``(2) Limitations.--To be eligible for loan cancellation
under subparagraph (A) or (B) of paragraph (1) for any school
year after the first complete school year of service, a
principal--
``(A) shall be serving as a principal in the school
or location in which the principal served for such
first year, except that a principal may serve as a
principal in a different school or location described
in subsection (a)(2) for a school year after such first
year if the local educational agency involved places
the principal in such different school or location; and
``(B) may stop serving as a principal for not more
than 1 complete school year after such first year.
``(3) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan, which was first disbursed
on or after July 1, 2010, may be a qualified loan amount for
the purposes of this subsection only to the extent that such
loan amount was used to repay a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, a Federal Direct
PLUS Loan for enrollment in a graduate or professional program
or a loan made under section 428, 428H, or 428B for enrollment
in a graduate or professional program, for a borrower who meets
the requirements of subsection (a), as determined in accordance
with regulations prescribed by the Secretary.
``(c) List.--If the list of schools in which a high need principal
may perform service pursuant to subsection (a)(2) is not available
before May 1 of any year, the Secretary may use the list for the year
preceding the year for which the determination is made to make such
service determination.
``(d) Continuing Eligibility.--Any principal who performs service
as in a school that--
``(1) meets the requirements of subsection (a)(2) in any
year during such service; and
``(2) in a subsequent year fails to meet the requirements
of such subsection, may continue to serve as a principal in
such school and shall be eligible for loan cancellation
pursuant to subsection (a).
``(e) Forgiveness Not Considered Income.--The amount of a loan, and
interest on a loan, which is canceled under this section shall not be
considered income for purposes of the Internal Revenue Code of 1986.
``(f) Construction.--Nothing in this subsection shall be construed
to authorize refunding of any refunding of any canceled loan.
``(g) No Double Benefit.--No borrower may, for the same service,
receive a benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(h) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out this section.
``(i) Definitions.--For the purpose of this section:
``(1) Principal.--The term `principal' has the meaning
given such term in section 2102 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6602).
``(2) Year.--The term `year' where applied to service as a
teacher means an academic year as defined by the Secretary.''. | Recruiting and Retaining Effective School Leaders Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to establish a student loan forgiveness program for school principals employed in schools where at least 30% of students meet federal poverty guidelines. Loans are forgiven over a seven-year period. | {"src": "billsum_train", "title": "Recruiting and Retaining Effective School Leaders Act"} | 1,312 | 79 | 0.485736 | 1.182357 | 0.375941 | 1.5625 | 18.453125 | 0.71875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Chronic Kidney Disease
Management Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Clinical research indicates that in 2003, more than
300,000 Americans suffer from end-stage renal disease.
(2) Clinical research also indicates that by 2010, the
number of Americans who will suffer from end-stage renal
disease is expected to exceed 600,000.
(3) Clinical research also indicates that adult patients
who are diagnosed as having advanced chronic kidney disease
have a high likelihood of requiring treatment for end-stage
renal disease within 6- to 18-month period after such
diagnosis.
(4) Clinical research also indicates that appropriate
medical treatment, and education and counseling services,
furnished during the period referred to in paragraph (3) has
been found to--
(A) decrease significantly both morbidity and
mortality rates for such patients when treatment for
end-stage renal disease is initiated; and
(B) slow down the progression from advanced kidney
disease to end-stage renal disease.
SEC. 3. DELAYING ONSET OF AND DECREASING MORBIDITY AND MORTALITY RATES
FOR END-STAGE RENAL DISEASE.
(a) Medicare Coverage of Chronic Kidney Disease Patients.--
(1) In general.--Section 226A of the Social Security Act
(42 U.S.C. 426-1) is amended--
(A) by redesignating the last subsection as
subsection (e); and
(B) by inserting after subsection (c) the following
new subsection:
``(d)(1)(A) Notwithstanding any provision to the contrary in
section 226 of title XVIII, every qualified chronic kidney disease
patient (as defined in paragraph (2)) shall, in accordance with the
succeeding provisions of this section, be entitled to benefits under
part A and eligible to enroll under part B of title XVIII, subject to
the deductible, premium, and coinsurance provisions of that title.
``(B) No qualified chronic kidney disease patient may enroll under
part C of title XVIII.
``(2) For purposes of this subsection, the term `qualified chronic
kidney disease patient' means an individual--
``(A) who would otherwise be described in subsection (a)
but for paragraph (2) of that subsection;
``(B) who has been diagnosed with chronic kidney disease;
``(C) with respect to whom, a physician makes a
certification that the individual--
``(i) has advanced chronic kidney disease (as
defined in paragraph (3)), and, in the case of such an
individual who is under 18 years of age, will likely
need dialysis treatments or a kidney transplant within
the 18-month period beginning on the date of the
certification; and
``(ii) may benefit from a program of pre-ESRD
services (as defined in section 1861(ww)(1)); and
``(D) who does not have health insurance coverage, as
certified by the individual, parent, or legal guardian, as the
case may be.
``(3) For purposes of this subsection, the term `advanced chronic
kidney disease' means with respect to kidney disease a glomerular
filtration rate of 30ml/min per 1.73 m2 or less.''.
(2) Conforming amendment.--Section 1811 of such Act (42
U.S.C. 1395c) is amended by inserting before the period the
following: ``or who are qualified chronic kidney disease
patients (as defined in section 226A(d)(2))''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
of the enactment of this Act.
(b) Coverage of Pre-ESRD Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(U);
(B) by inserting ``and'' at the end of subparagraph
(V); and
(C) by adding at the end the following new
subparagraph:
``(W) pre-ESRD services (as defined in subsection (ww)(1))
for an individual who has been diagnosed with chronic kidney
disease and, with respect to whom, a physician makes a
certification described in section 226A(d)(2)(C);''.
(2) Services described.--Section 1861 of such Act (42
U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``Pre-ESRD Services
``(ww) The term `pre-ESRD Services' means any or all of the
following services:
``(1) Individual and group nutritional counseling services
for the purpose of chronic kidney disease management that are
furnished by a registered dietitian or nutrition professional
(as defined in subsection (vv)(2)) pursuant to a referral by a
physician (as defined in subsection (r)(1)).
``(2) Counseling furnished by qualified health care
providers that--
``(A) provides comprehensive information regarding
the management of comorbidities, and the prevention of
uremic complications;
``(B) ensures active participation of the
individual in the choice of therapy or therapies; and
``(C) provides comprehensive information regarding
modalities of treatment for kidney disease and end-
stage renal disease, including organ transplantation,
hemodialysis, peritoneal dialysis, and home dialysis.
``(3) Counseling, items and services, including tissue
typing, furnished by qualified health care providers for
preparation of possible organ transplantation.
``(4) Items and services furnished by qualified health care
providers for the preparation of vascular access required for
dialysis treatment.
``(5) Such other services as the Secretary determines
appropriate, in consultation with national organizations
representing individuals and entities who furnish pre-ESRD
services and patients receiving such services.''.
(3) Qualification criteria.--The Secretary of Health and
Human Services shall establish such criteria as the Secretary
determines appropriate for qualifications required for
individuals to furnish pre-ESRD services under section 1861(ww)
of the Social Security Act, as added by paragraph (2), after
consulting with representatives of the following:
(A) Physicians, including board certified
nephrologists.
(B) Certified nephrology nurses.
(C) Certified nephrology dietitians.
(D) Certified nephrology nutritionists.
(E) Certified nephrology social workers.
(F) Kidney patient organizations.
(G) Health educators.
(H) Dialysis facilities.
(I) Transplant centers.
(J) Network administrative organization designated
under section 1881(c) of the Social Security Act (42
U.S.C. 1395rr(c)).
(K) Such other individuals with appropriate
expertise as the Secretary may specify.
(c) Payment Amount.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(U)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to pre-ESRD
services, the amount paid shall be 80 percent of the
amount determined under the fee schedule established
under section 1834(e)''.
(2) Establishment of fee schedule.--Section 1834 of such
Act (42 U.S.C. 1395m) is amended by inserting after subsection
(d) the following new subsection:
``(e) Fee Schedule for Pre-ESRD Services.--
``(1) In general.--The Secretary shall establish a fee
schedule for payment for pre-ESRD services in accordance with
the requirements of this subsection.
``(2) Considerations.--In establishing such fee schedule,
the Secretary shall--
``(A) establish mechanisms to promote the efficient
delivery of care;
``(B) establish definitions for pre-ESRD services
which link payments to the type of services provided;
``(C) consider appropriate regional and operational
differences; and
``(D) consider adjustments to payment rates to
account for inflation and other relevant factors.
``(3) Consultation.--In establishing the fee schedule for
pre-ESRD services under this subsection, the Secretary shall
consult with various national organizations representing
individuals and entities who furnish pre-ESRD services and
patients receiving such services.
``(4) Coding system.--The Secretary may require the claim
for any services for which the amount of payment is determined
under this subsection to include a code (or codes) under a
uniform coding system specified by the Secretary that
identifies the services furnished.''.
(3) Permitting dialysis facilities to bill for pre-esrd
services furnished in the facility.--Section 1881(b) is amended
by adding at the end the following new paragraph:
``(12) A renal dialysis facility may provide for the furnishing of
some or all pre-ESRD services (as defined in section 1861(ww)(2). The
facility may submit to the Secretary a claim for payment for such
services furnished in the facility, and the Secretary shall not require
the facility, or the employee of the facility who is qualified to
furnish such services, to apply for a separate provider number for
purposes of payment under this title.''.
(d) Annual Reports to Congress.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Health and Human Services shall submit to Congress
reports on the matters described in paragraph (2) with respect
to pre-ESRD services (described in section 1861(ww) of the
Social Security Act) furnished during the preceding year.
(2) Matters described.--Reports under paragraph (1) shall
include--
(A) an assessment of the number of medicare
beneficiaries who are entitled to pre-ESRD services;
(B) an assessment of the number of medicare
beneficiaries who are furnished such services under the
medicare program;
(C) an analysis of the patient outcomes and costs
of furnishing care to the medicare beneficiaries who
are furnished such pre-ESRD services as compared to
such outcomes and costs with respect to other
beneficiaries for the same health conditions;
(D) an evaluation of patient satisfaction; and
(E) such recommendations for legislative and
administrative action as the Secretary determines
appropriate.
SEC. 4. DEMONSTRATION PROJECT FOR HOME DIALYSIS PEER EDUCATION.
(a) Establishment.--Subject to the succeeding provisions of this
section, the Secretary shall establish demonstration projects to
evaluate methods through which peer education may--
(1) slow down or prevent the progress of kidney disease to
end-stage renal disease in medicare beneficiaries;
(2) improve the management of co-morbid conditions
associated with kidney disease;
(3) improve choice in selection of renal replacement
therapies (including home dialysis); and
(4) improve other outcomes (such as employment).
(b) Conduct Through Kidney Patient Organizations.--The Secretary
shall carry out the demonstration projects in collaboration with kidney
patient organizations with demonstrated expertise in kidney patient
peer education programs.
(c) Payment.--Payment under the demonstration project shall be made
by the Secretary in such amounts and using such methodology as the
Secretary determines to be appropriate.
(d) Voluntary Participation.--Participation of medicare
beneficiaries in the demonstration projects shall be voluntary.
(e) Demonstration Projects Sites.--Not later than 1 years after the
date of the enactment of this Act, the Secretary shall conduct no fewer
than 2 demonstration projects established under this section. Of those
demonstration projects, the Secretary shall conduct at least one in an
urban area and one in a rural area.
(f) Duration.--The Secretary shall carry out the demonstration
projects over a period of three years.
(g) Evaluation and Report.--
(1) Evaluations.--The Secretary shall conduct evaluations
of the clinical and cost effectiveness of the demonstration
projects.
(2) Reports.--After the conclusion of the demonstration
projects under this section, the Secretary shall submit to
Congress a report on the evaluation, and shall include in the
report the following:
(A) An analysis of the patient outcomes and costs
of furnishing care to the medicare beneficiaries
participating in the projects as compared to such
outcomes and costs to other beneficiaries for the same
health conditions.
(B) Evaluation of patient satisfaction under the
demonstration projects.
(C) Such recommendations regarding the extension or
expansion of the projects as the Secretary determines
appropriate.
(h) Waiver Authority.--The Secretary may waive such requirements of
title XVIII of the Social Security Act as may be necessary for the
purposes of carrying out the demonstration project. | Medicare Chronic Kidney Disease Management Act of 2003 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act.
Provides for pre-end stage renal disease (pre-ESRD) professional nutritional and other counseling and related services and items for individuals diagnosed with chronic kidney disease.
Directs the Secretary of Health and Human Services to establish demonstration projects to evaluate methods through which kidney patient peer education may: (1) slow down or prevent the progress of kidney disease to end-stage renal disease in Medicare beneficiaries; (2) improve the management of co-morbid conditions associated with kidney disease; (3) improve choice in selection of renal replacement therapies (including home dialysis); and (4) improve other outcomes (such as employment). | {"src": "billsum_train", "title": "To amend the Social Security Act to provide for coverage under the Medicare Program of chronic kidney disease patients who are not end-stage renal disease patients."} | 2,833 | 193 | 0.6041 | 1.60889 | 0.869829 | 5.731844 | 14.541899 | 0.960894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Administration
Disaster Recovery and Reform Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``approved State Bridge Loan Program'' means a
State Bridge Loan Program approved under section 203(b);
(3) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act; and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any territory or possession of the United
States.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.
TITLE I--GULF COAST RECOVERY AND ASSISTANCE FOR HOMEOWNERS IMPACTED BY
DRYWALL MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA
Sec. 101. Report on the Gulf Coast Disaster Loan Refinancing Program.
Sec. 102. Extension of participation term for victims of Hurricane
Katrina or Hurricane Rita.
Sec. 103. Assistance for homeowners impacted by drywall manufactured in
the People's Republic of China.
TITLE II--IMPROVEMENTS TO ADMINISTRATION DISASTER ASSISTANCE PROGRAMS
Sec. 201. Improvements to the Pioneer Business Recovery Program.
Sec. 202. Increased limits.
Sec. 203. State bridge loan guarantee.
Sec. 204. Modified collateral requirements.
Sec. 205. Aquaculture business disaster assistance.
Sec. 206. Regional outreach on disaster assistance programs.
Sec. 207. Duplication of benefits.
Sec. 208. Administration coordination on economic injury disaster
declarations.
Sec. 209. Coordination between Small Business Administration and
Department of Agriculture disaster
programs.
Sec. 210. Technical and conforming amendment.
TITLE I--GULF COAST RECOVERY AND ASSISTANCE FOR HOMEOWNERS IMPACTED BY
DRYWALL MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA
SEC. 101. REPORT ON THE GULF COAST DISASTER LOAN REFINANCING PROGRAM.
Section 12086 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2184) is amended by adding at the end
the following:
``(g) Report to Congress.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subsection, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report making recommendations regarding
improvements to the program.
``(2) Contents.--The report under paragraph (1) may include
recommendations relating to--
``(A) modifying the end of the deferment date of
Gulf Coast disaster loans;
``(B) reducing interest payments on Gulf Coast
disaster loans, subject to the availability of
appropriations;
``(C) extending the term of Gulf Coast disaster
loans to 35 years; and
``(D) any other modification to the program
determined appropriate by the Administrator.''.
SEC. 102. EXTENSION OF PARTICIPATION TERM FOR VICTIMS OF HURRICANE
KATRINA OR HURRICANE RITA.
(a) Retroactivity.--If a small business concern, while
participating in any program or activity under the authority of
paragraph (10) of section 7(j) of the Small Business Act (15 U.S.C.
636(j)), was located in a parish or county described in subsection (b)
of this section and was affected by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, the period during which that small business
concern is permitted continuing participation and eligibility in that
program or activity shall be extended for 24 months after the date such
participation and eligibility would otherwise terminate.
(b) Parishes and Counties Covered.--Subsection (a) applies to any
parish in the State of Louisiana, or any county in the State of
Mississippi or in the State of Alabama, that has been designated by the
Administrator as a disaster area by reason of Hurricane Katrina of 2005
or Hurricane Rita of 2005 under disaster declaration 10176, 10177,
10178, 10179, 10180, 10181, 10205, or 10206.
(c) Review and Compliance.--The Administrator shall ensure that the
case of every small business concern participating before the date of
enactment of this Act in a program or activity covered by subsection
(a) is reviewed and brought into compliance with this section.
SEC. 103. ASSISTANCE FOR HOMEOWNERS IMPACTED BY DRYWALL MANUFACTURED IN
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section, the term ``defective drywall''
means drywall board that the Administrator determines--
(1) was manufactured in the People's Republic of China;
(2) was imported into the United States during the period
beginning on January 1, 2004, and ending on December 31, 2008;
and
(3) is directly responsible for substantial metal corrosion
or other property damage in the dwelling in which the drywall
is installed.
(b) Disaster Assistance for Homeowners Impacted by Defective
Drywall.--
(1) In general.--The Administrator may, upon request by a
Governor that has declared a disaster as a result of property
loss or damage as a result of defective drywall, declare a
disaster under section 7(b) of the Small Business Act (15
U.S.C. 636(b)) relating to the defective drywall.
(2) Uses.--Assistance under a disaster declared under
paragraph (1) may be used only for the repair or replacement of
defective drywall.
(3) Limitation.--Assistance under a disaster declared under
paragraph (1) may not--
(A) provide compensation for losses or damage
compensated for by insurance or other sources; and
(B) exceed more than 25 percent of the funds
appropriated to the Administration for disaster
assistance during any fiscal year.
TITLE II--IMPROVEMENTS TO ADMINISTRATION DISASTER ASSISTANCE PROGRAMS
SEC. 201. IMPROVEMENTS TO THE PIONEER BUSINESS RECOVERY PROGRAM.
(a) In General.--Section 12085 of the Food, Conservation, and
Energy Act of 2008 (15 U.S.C. 636j) is amended--
(1) in the section heading, by striking ``expedited
disaster assistance loan program'' and inserting ``pioneer
business recovery program'';
(2) by striking ``expedited disaster assistance business
loan program'' each place it appears and inserting ``Pioneer
Business Recovery Program'';
(3) in subsection (b) by striking ``paragraph (9)'' and all
that follows and inserting ``section 7(b) of the Small Business
Act (15 U.S.C. 636(b)).''; and
(4) in subsection (d)(3)(A), by striking ``$150,000'' and
inserting ``$250,000''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 1651) is amended by striking the item relating
to section 12085 and inserting the following:
``Sec. 12085. Pioneer Business Recovery Program.''.
SEC. 202. INCREASED LIMITS.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) in subsection (d)(6)--
(A) by striking ``$100,000'' and inserting
``$400,000''; and
(B) by striking ``$20,000'' and inserting
``$80,000'';
(2) by striking ``(e) [RESERVED].''; and
(3) by striking ``(f) [RESERVED].''.
SEC. 203. STATE BRIDGE LOAN GUARANTEE.
(a) Authorization.--After issuing guidelines under subsection (c),
the Administrator may guarantee loans made under an approved State
Bridge Loan Program.
(b) Approval.--
(1) Application.--A State desiring approval of a State
Bridge Loan Program shall submit an application to the
Administrator at such time, in such manner, and accompanied by
such information as the Administrator may require.
(2) Criteria.--The Administrator may approve an application
submitted under paragraph (1) based on such criteria as the
Administrator may establish under this section.
(c) Guidelines.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue to the
appropriate economic development officials in each State, the
Committee on Small Business and Entrepreneurship of the Senate,
and the Committee on Small Business of the House of
Representatives, guidelines regarding approved State Bridge
Loan Programs.
(2) Contents.--The guidelines issued under paragraph (1)
shall--
(A) identify appropriate uses of funds under an
approved State Bridge loan Program;
(B) set terms and conditions for loans under an
approved State Bridge loan Program;
(C) address whether--
(i) an approved State Bridge Loan Program
may charge administrative fees; and
(ii) loans under an approved State Bridge
Loan Program shall be disbursed through local
banks and other financial institutions; and
(D) establish the percentage of a loan the
Administrator will guarantee under an approved State
Bridge Loan Program.
SEC. 204. MODIFIED COLLATERAL REQUIREMENTS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is
amended by inserting after ``which are made under paragraph (1) of
subsection (b)'' the following: ``: Provided further, That the
Administrator shall not require collateral for a loan of not more than
$200,000 under paragraph (1) or (2) of subsection (b) relating to
damage to or destruction of property of, or economic injury to, a small
business concern''.
SEC. 205. AQUACULTURE BUSINESS DISASTER ASSISTANCE.
Section 18(b)(1) of the Small Business Act (15 U.S.C. 647(b)(1)) is
amended--
(1) by striking ``aquaculture,''; and
(2) by inserting before the semicolon ``, and does not
include aquaculture''.
SEC. 206. REGIONAL OUTREACH ON DISASTER ASSISTANCE PROGRAMS.
(a) Report.--In accordance with sections 7(b)(4) and 40(a) of the
Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than
60 days after the date of enactment of this Act, the Administrator
shall submit to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives, a report detailing--
(1) information on the disasters, manmade or natural, most
likely to occur in each region of the Administration and likely
scenarios for each disaster in each region;
(2) information on plans of the Administration, if any, to
conduct annual disaster outreach seminars, including events
with resource partners of the Administration, in each region
before periods of predictable disasters described in paragraph
(1);
(3) information on plans of the Administration for
satisfying the requirements under section 40(a) of the Small
Business Act not satisfied on the date of enactment of this
Act; and
(4) such additional information as determined necessary by
the Administrator.
(b) Availability of Information.--The Administrator shall--
(1) post the disaster information provided under subsection
(a) on the website of the Administration; and
(2) make the information provided under subsection (a)
available, upon request, at each regional and district office
of the Administration.
SEC. 207. DUPLICATION OF BENEFITS.
(a) Findings.--Congress finds the following:
(1) Section 312 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5155) states the
following:
(A) ``The President, in consultation with the head
of each Federal agency administering any program
providing financial assistance to persons, business
concerns, or other emergency, shall assure that no such
person, business concern, or other entity will receive
such assistance with respect to any part of such loss
as to which he has received financial assistance under
any other program or from insurance or any other
source.''.
(B) ``Receipt of partial benefits for a major
disaster or emergency shall not preclude provision of
additional Federal assistance for any part of a loss or
need for which benefits have not been provided.''.
(C) A recipient of Federal assistance will be
liable to the United States ``to the extent that such
assistance duplicates benefits available to the person
for the same purpose from another source.''.
(2) The Administrator should make every effort to ensure
that disaster recovery needs unmet by Federal and private
sources are not overlooked in determining duplication of
benefits for disaster victims.
(b) Revised Duplication of Benefits Calculations.--The
Administrator may, after consultation with other relevant Federal
agencies, determine whether benefits are duplicated after a person
receiving assistance under section 7(b) of the Small Business Act (15
U.S.C. 636(b)) receives other Federal disaster assistance by a disaster
victim.
SEC. 208. ADMINISTRATION COORDINATION ON ECONOMIC INJURY DISASTER
DECLARATIONS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives, a report providing--
(1) information on economic injury disaster declarations
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) made by the Administrator during the 10-year period
ending on the date of enactment of this Act based on a natural
disaster declaration by the Secretary of Agriculture;
(2) information on economic injury disaster declarations
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) made by the Administrator during the 10-year period
ending on the date of enactment of this Act based on a fishery
resource disaster declaration from the Secretary of Commerce;
(3) information on whether the disaster response plan of
the Administration under section 40 of the Small Business Act
(15 U.S.C. 657l) adequately addresses coordination with the
Secretary of Agriculture and the Secretary of Commerce on
economic injury disaster assistance under section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2));
(4) recommended legislative changes, if any, for improving
agency coordination on economic injury disaster declarations
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)); and
(5) such additional information as determined necessary by
the Administrator.
SEC. 209. COORDINATION BETWEEN SMALL BUSINESS ADMINISTRATION AND
DEPARTMENT OF AGRICULTURE DISASTER PROGRAMS.
(a) Definitions.--In this section--
(1) the term ``agricultural small business concern'' means
a small business concern that is an agricultural enterprise, as
defined in section 18(b)(1) of the Small Business Act (15
U.S.C. 647(b)(1)), as amended by this Act; and
(2) the term ``rural small business concern'' means a small
business concern located in a rural area, as that term is
defined in section 1393(a)(2) of the Internal Revenue Code of
1986.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Administrator, in consultation with the Secretary of
Agriculture, shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives, a report detailing--
(1) information on disaster assistance programs of the
Administration for rural small business concerns and
agricultural small business concerns;
(2) information on industries or small business concerns
excluded from programs described in paragraph (1);
(3) information on disaster assistance programs of the
Department of Agriculture to rural small business concerns and
agricultural small business concerns;
(4) information on industries or small business concerns
excluded from programs described in paragraph (3);
(5) information on disaster assistance programs of the
Administration that are duplicative of disaster assistance
programs of the Department of Agriculture;
(6) information on coordination between the two agencies on
implementation of disaster assistance provisions of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 1651), and the amendments made by that Act;
(7) recommended legislative or administrative changes, if
any, for improving coordination of disaster assistance
programs, in particular relating to removing gaps in
eligibility for disaster assistance programs by rural small
business concerns and agricultural small business concerns; and
(8) such additional information as determined necessary by
the Administrator.
SEC. 210. TECHNICAL AND CONFORMING AMENDMENT.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended in the matter following paragraph (9), by striking ``section
312(a) of the Disaster Relief and Emergency Assistance Act'' and
inserting ``section 312(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5155(a))''. | Small Business Administration Disaster Recovery and Reform Act of 2009 - Amends the Food, Conservation, and Energy Act of 2008 to direct the Administrator of the Small Business Administration (SBA) to submit to the congressional small business committees recommendations for improvements to the Gulf Coast disaster loan refinancing program.
Extends for 24 additional months the authorized loan assistance term for small businesses affected by Hurricanes Katrina or Rita and participating in the SBA small business and capital ownership development program.
Allows the Administrator to declare a disaster with respect to small businesses that installed defective drywall manufactured in China, for purposes of qualification for SBA disaster loan assistance.
Amends the Small Business Act to increase authorized assistance under the SBA's: (1) pioneer business recovery program (formerly the expedited disaster assistance loan program); and (2) disaster loan assistance program.
Authorizes the Administrator to guarantee loans made under an approved state bridge loan program.
Requires the Administrator to report on: (1) regional outreach on disaster assistance programs; (2) coordination of economic injury disaster declarations; and (3) coordination between SBA and Department of Agriculture (USDA) disaster programs.
Directs the Administrator to ensure that disaster recovery needs unmet by federal and private sources are not overlooked by the SBA in determining duplication of benefits for disaster victims. | {"src": "billsum_train", "title": "A bill to improve disaster assistance provided by the Small Business Administration, and for other purposes."} | 3,998 | 274 | 0.625744 | 1.831398 | 0.892832 | 3.183267 | 13.924303 | 0.888446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Integrity Act of 2017''.
SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement To Provide Photo Identification as Condition of
Casting Ballot.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 15481 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.
``(a) Provision of Identification Required as Condition of Casting
Ballot.--
``(1) Individuals voting in person.--
``(A) Requirement to provide identification.--
Notwithstanding any other provision of law and except
as provided in subparagraph (B), the appropriate State
or local election official may not provide a ballot for
an election for Federal office to an individual who
desires to vote in person unless the individual
presents to the official a valid photo identification.
``(B) Availability of provisional ballot.--
``(i) In general.--If an individual does
not present the identification required under
subparagraph (A), the individual shall be
permitted to cast a provisional ballot with
respect to the election under section 302(a),
except that the appropriate State or local
election official may not make a determination
under section 302(a)(4) that the individual is
eligible under State law to vote in the
election unless, not later than 10 days after
casting the provisional ballot, the individual
presents to the official--
``(I) the identification required
under subparagraph (A); or
``(II) an affidavit attesting that
the individual does not possess the
identification required under
subparagraph (A) because the individual
has a religious objection to being
photographed.
``(ii) No effect on other provisional
balloting rules.--Nothing in clause (i) may be
construed to apply to the casting of a
provisional ballot pursuant to section 302(a)
or any State law for reasons other than the
failure to present the identification required
under subparagraph (A).
``(2) Individuals voting other than in person.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), the appropriate State or local election official
may not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless the individual submits with the ballot
a copy of a valid photo identification.
``(B) Exception for overseas military voters.--
Subparagraph (A) does not apply with respect to a
ballot provided by an absent uniformed services voter
who, by reason of active duty or service, is absent
from the United States on the date of the election
involved. In this subparagraph, the term `absent
uniformed services voter' has the meaning given such
term in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1)),
other than an individual described in section 107(1)(C)
of such Act.
``(b) Provision of Identifications Without Charge to Individuals
Unable To Pay Costs of Obtaining Identification.--If an individual
presents a State or local election official with an affidavit attesting
that the individual is unable to pay the costs associated with
obtaining a valid photo identification under this section, the official
shall provide the individual with a valid photo identification under
this subsection without charge to the individual.
``(c) Valid Photo Identifications Described.--For purposes of this
section, a `valid photo identification' means, with respect to an
individual who seeks to vote in a State, any of the following:
``(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration date.
``(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) Any other form of government-issued identification
that the State may specify as a valid photo identification for
purposes of this subsection.
``(d) Notification of Identification Requirement to Applicants for
Voter Registration.--
``(1) In general.--Each State shall ensure that, at the
time an individual applies to register to vote in elections for
Federal office in the State, the appropriate State or local
election official notifies the individual of the photo
identification requirements of this section.
``(2) Special rule for individuals applying to register to
vote online.--Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
``(e) Treatment of States With Photo Identification Requirements in
Effect as of Date of Enactment.--If, as of the date of the enactment of
this section, a State has in effect a law requiring an individual to
provide a photo identification as a condition of casting a ballot in
elections for Federal office held in the State and the law remains in
effect on and after the effective date of this section, the State shall
be considered to meet the requirements of this section if--
``(1) the State submits a request to the Attorney General
and provides such information as the Attorney General may
consider necessary to determine that the State has in effect
such a law and that the law remains in effect; and
``(2) the Attorney General approves the request.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held in 2020 or any succeeding year.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Photo identification requirements.''.
(b) Conforming Amendment Relating to Voluntary Guidance by Election
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b))
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 303A, October 1, 2018.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(d) Conforming Amendments Relating to Repeal of Existing Photo
Identification Requirements for Certain Voters.--
(1) In general.--Section 303 of such Act (42 U.S.C. 15483)
is amended--
(A) in the heading, by striking ``and requirements
for voters who register by mail'';
(B) in the heading of subsection (b), by striking
``for Voters Who Register by Mail'' and inserting ``for
Mail-In Registration Forms'';
(C) in subsection (b), by striking paragraphs (1)
through (3) and redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) in subsection (c), by striking ``subsections
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting
``subsection (a)(5)(A)(i)(II)''.
(2) Clerical amendment.--The table of contents of such Act
is amended by amending the item relating to section 303 to read
as follows:
``Sec. 303. Computerized statewide voter registration list
requirements.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to elections for Federal office held
in 2020 or any succeeding year. | Election Integrity Act of 2017 This bill amends the Help America Vote Act of 2002 to prohibit a state or local election official from providing a ballot for a federal election to an individual who desires to vote in person unless the individual presents a valid photo identification. If an individual does not present a valid photo identification, the individual shall be permitted to cast a provisional ballot. An election official may not determine that such an individual is eligible under state law to vote in the election unless, not later than 10 days after casting the provisional ballot, the individual presents: (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because the individual has a religious objection to being photographed. With an exception for overseas military voters, an election official may not accept a ballot for a federal election provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a valid photo identification. If an individual presents an election official with an affidavit attesting that the individual is unable to afford to obtain a valid photo identification, the official shall provide the individual with a valid photo identification without charge. | {"src": "billsum_train", "title": "Election Integrity Act of 2017"} | 1,885 | 260 | 0.720693 | 2.02543 | 0.902116 | 4.866667 | 7.32 | 0.964444 |
SECTION 1. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN HOUSE OF
REPRESENTATIVES ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``ban on activities of political action committees in house of
representatives elections
``Sec. 323. Notwithstanding any other provision of this Act, no
person other than an individual or a political committee may make
contributions, solicit or receive contributions, or make expenditures
for the purpose of influencing an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Definition of Political Committee.--(1) Section 301(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended to
read as follows:
``(4) The term `political committee' means--
``(A) the principal campaign committee of a candidate;
``(B) any national, State, or district committee of a
political party, including any subordinate committee thereof;
and
``(C) any local committee of a political party which--
``(i) receives contributions aggregating in excess
of $5,000 during a calendar year;
``(ii) makes payments exempted from the definition
of contribution or expenditure under paragraph (8) or
(9) aggregating in excess of $5,000 during a calendar
year; or
``(iii) makes contributions or expenditures
aggregating in excess of $1,000 during a calendar
year.''.
(2) Section 316(b)(2) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441b(b)(2)) is amended by striking out subparagraph (C).
(c) Candidate's Committees.--(1) Section 315(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding
at the end the following new paragraph:
``(9) For the purposes of the limitations provided by paragraphs
(1) and (2), any political committee which is established or financed
or maintained or controlled by any candidate or Federal officeholder
shall be deemed to be an authorized committee of such candidate or
officeholder.''.
(2) Section 302(e)(3) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)(3)) is amended to read as follows:
``(3) No political committee that supports or has supported more
than one candidate may be designated as an authorized committee, except
that a candidate for the office of President nominated by a political
party may designate the national committee of such political party as
the candidate's principal campaign committee, but only if that national
committee maintains separate books of account with respect to its
functions as a principal campaign committee.''.
(d) Rules Applicable When Ban Not in Effect.--For purposes of the
Federal Election Campaign Act of 1971, during any period in which the
limitation under section 323 of that Act (as added by subsection (a))
is not in effect--
(1) the amendments made by subsections (a) and (b) shall
not be in effect; and
(2) it shall be unlawful--
(A) for any person that is treated as a political
committee by reason of paragraph (1) and is directly or
indirectly established, administered, or supported by a
connected organization which is a corporation, labor
organization, or trade association to make
contributions to any candidate or the candidate's
authorized committee; and
(B) for any person that is treated as a political
committee by reason of paragraph (1) and is not
directly or indirectly established, administered, or
supported by a connected organization which is a
corporation, labor organization, or trade association
to make contributions to any candidate or the
candidate's authorized committee for any election
aggregating in excess of $1,000.
SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), is amended by adding at the end the following new subsection:
``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions
from persons other than local individual residents totaling in excess
of the total of contributions accepted from local individual residents.
``(2) As used in this subsection, the term `local individual
resident' means an individual who resides in the congressional district
involved.
``(3)(A) Any candidate who accepts contributions that exceed the
limitation under this subsection with respect to the pre-election
report period or the post-election report period shall pay to the
Commission, for deposit in the Treasury, an amount equal to 5 times the
amount of the excess contributions plus a civil penalty in an amount
determined by the Commission.
``(B) Any candidate who accepts contributions that exceed the
limitation under this subsection with respect to a period other than a
period referred to in subparagraph (A) shall pay to the Commission, for
deposit in the Treasury, an amount equal to 3 times the amount of the
excess contributions.
``(C) Each report under section 304(a)(6) shall include a
certification by the treasurer of the committee that the contributions
reported do not exceed the limitation under this subsection.''.
SEC. 3. EXPENDITURE LIMITATION OF $600,000 FOR EACH HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 2, is further amended by adding at the end
the following new subsection:
``(j) Notwithstanding any other provision of this Act, a candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not make expenditures of more than
$600,000 with respect to a general election, including any primary
election related to such general election.''.
SEC. 4. PERSONAL CONTRIBUTION LIMITATION OF $100,000 FOR EACH HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by sections 2 and 3, is further amended by adding at
the end the following new subsection:
``(k) Notwithstanding any other provision of this Act, a candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not make personal contributions of
more than $100,000 with respect to a general election, including any
primary election related to such general election.''.
SEC. 5. BAN ON INDEPENDENT EXPENDITURES IN HOUSE OF REPRESENTATIVES
ELECTIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 1, is further amended by adding at
the end the following new section:
``ban on independent expenditures in house of representatives elections
``Sec. 324. Notwithstanding any other provision of this Act, no
person may make any independent expenditure with respect to an election
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress.''.
SEC. 6. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE.
Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended--
(1) in subparagraph (B) of paragraph (8), by striking out
``include--'' in the matter before clause (i) and all that
follows through the end of the subparagraph, and inserting in
lieu thereof ``include the value of services provided without
compensation by any individual who volunteers on behalf of a
candidate or political committee.'';
(2) by striking out paragraph (9)(B);
(3) by redesignating paragraph (9)(A) as paragraph (9); and
(4) by redesignating clauses (i) and (ii) of paragraph (9),
as so redesignated by paragraph (3) of this subsection, as
subparagraphs (A) and (B), respectively.
SEC. 7. FRANKING PROVISIONS.
(a) Limitation on Mass Mailings During an Election Year.--
(1) In general.--Paragraph (6) of section 3210(a) of title
39, United States Code, is amended by adding at the end the
following:
``(G)(i) A Member of or Member-elect to the House may not, during
any even-numbered calendar year, mail any mass mailing as franked mail
which is postmarked on or before the Tuesday next after the 1st Monday
in November of such year.
``(ii) Nothing in clause (i) shall be considered to make
permissible, with respect to the portion of the year remaining after
the Tuesday referred to in such clause, the mailing of any mass mailing
which would be impermissible under any other provision of law or any
rule or regulation.''.
(2) Conforming amendment.--Subparagraph (F) of section
3210(a)(6) of such title is amended by striking ``(A) and (C)''
and inserting ``(A), (C), and (G),''.
(b) Definition of a Mass Mailing.--
(1) In general.--Paragraph (6) of section 3210(a) of title
39, United States Code, as amended by subsection (a), is
further amended by adding at the end the following:
``(H) For purposes of applying this section with respect to a
Member of or Member-elect to the House, subparagraph (E) shall be
deemed to be amended--
``(i) by striking `500' and inserting `25'; and
``(ii) by striking `or' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting `;
or', and by adding after clause (iii) the following:
`` `(iv) in furtherance of the administrative duties of the
Member.'.''.
(2) Conforming amendment.--Subparagraph (E) of section
3210(a)(6) of such title is amended by striking ``As used'' and
inserting ``Subject to subparagraph (H), as used''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to mail sent on or after such date. For purposes of any
determination as to whether or not a mailing sent by a Member of or
Member-elect to the House of Representatives constitutes a mass
mailing, mail sent before such date shall be considered separately from
any mail sent on or after such date. | Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative).
Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual.
Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee.
Sets forth rules applicable when the ban is not in effect.
(Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations.
(Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election.
(Sec. 5) Prohibits any person from making independent expenditures in House elections.
(Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term.
(Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year.
Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to ban activities of political action committees in House of Representatives elections and for other purposes."} | 2,463 | 501 | 0.594618 | 1.872742 | 0.811536 | 3.981651 | 5.071101 | 0.880734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honduran Refugee Immigration
Fairness Act of 1998''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HONDURAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2000; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily,
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Honduras--
(1) who was physically present in the United States on
December 31, 1995; and
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for adjustment of status under this
Act is filed, except an alien shall not be considered to have
failed to maintain continuous physical presence by reason of an
absence, or absences, from the United States for any periods in
the aggregate not exceeding 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of
deportation, removal, or exclusion to seek a stay of such order
based on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the alien with
an ``employment authorized'' endorsement or other appropriate document
signifying authorization of employment, except that if such application
is pending for a period exceeding 180 days, and has not been denied,
the Attorney General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Honduras;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this Act is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Honduran Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Honduran nationals (and spouses and children) present in the United States. | {"src": "billsum_train", "title": "Honduran Refugee Immigration Fairness Act of 1998"} | 1,462 | 42 | 0.542626 | 1.349093 | 0.707927 | 2.419355 | 44.741935 | 0.870968 |
SECTION 1. SUMMER CAMPS.
(a) Program.--
(1) In general.--The Director shall carry out a program to
award grants to institutions of higher education or eligible
nonprofit organizations (or consortia of such institutions and
organizations) to develop and operate summer science and
mathematics camps for middle school and high school students.
The camps shall be designed to promote the interest of children
in science, mathematics, and technology and to increase their
knowledge of these subjects.
(2) Distribution of awards.--The Director shall, in
awarding grants under this section, consider the distribution
of awards among institutions and organizations of different
sizes and geographic locations.
(3) Merit review.--Grants shall be provided under this
section on a competitive, merit-reviewed basis.
(4) Use of grants.--Grant funds may be used to--
(A) develop educational programs and materials for
use in the summer science and mathematics camps; and
(B) cover the costs of operating the summer camps,
including the cost of attendance for students selected
to attend the camps in accordance with subsection
(b)(3).
(b) Selection Process.--
(1) Application.--An applicant for an award under this
section shall submit an application to the Director at such
time, in such manner, and containing such information as the
Director may require. The application shall include, at a
minimum--
(A) a description of the educational program that
will be offered by the science or mathematics summer
camp that the applicant intends to operate;
(B) a description of the process by which students
will be selected to attend the summer camp;
(C) the duration of the camp and the number of
students who can be accommodated in the program each
year;
(D) identification of the individuals who will be
involved in designing and implementing the educational
program at the summer camp; and
(E) evidence of the agreement required under
paragraph (3).
(2) Review of applications.--In evaluating the applications
submitted under paragraph (1), the Director shall consider, at
a minimum--
(A) the ability of the applicant to effectively
carry out the program;
(B) the novelty and educational value of the
program to be offered at the summer camp;
(C) the number of the students that will be served
by the program; and
(D) the extent to which the program is tailored to
the needs of individuals from groups underrepresented
in science and technology careers.
(3) Eligibility requirement.--To be eligible to receive a
grant under this section, an institution of higher education or
eligible nonprofit organization (or consortia of such
institutions and organizations) must enter into an agreement
with one or more urban high-need local educational agencies to
develop a process for selecting students from schools
administered by the educational agencies to attend the science
or mathematics summer camp.
(c) Definitions.--In this section--
(1) The term ``Director'' means the Director of the
National Science Foundation.
(2) The term ``eligible nonprofit organization'' means a
nonprofit organization, such as a museum or science center,
that has expertise and experience in providing informal science
and mathematics education for the public.
(3) The term ``urban high-need local educational agency''
means a local educational agency that--
(A) is located in one of the 25 United States
cities with the greatest numbers of children aged 5 to
17 living in poverty, based on data from the Census
Bureau; and
(B) has at least 1 school in which 50 percent or
more of the enrolled students are eligible for
participation in the free and reduced price lunch
program established by the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for the purposes of
this section, $2,000,000 for fiscal year 2007, $2,050,000 for fiscal
year 2008, $2,100,000 for fiscal year 2009, $2,150,000 for fiscal year
2010, and $2,200,000 for fiscal year 2011. | Requires the Director of the National Science Foundation to award grants to institutions of higher education or eligible nonprofit organizations to develop and operate summer camps designed to interest and instruct middle and high school students in science, mathematics, and technology. Conditions a nonprofit organization's eligibility on its expertise and experience in providing the public with informal science and mathematics education.
Requires grantees to enter into agreements with urban high-need local educational agencies on processes for selecting disadvantaged students from schools administered by such agencies for attendance at such camps. Allows the use of grant funds to cover the cost of attendance by such students. | {"src": "billsum_train", "title": "To provide for the National Science Foundation to make grants for the establishment of summer science and mathematics camps for middle school and high school students."} | 857 | 129 | 0.563529 | 1.463712 | 0.586052 | 3.243478 | 7.321739 | 0.895652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Susan B. Anthony and Frederick
Douglass Prenatal Nondiscrimination Act of 2009''.
SEC. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY.
(a) Findings.--The Congress makes the following findings:
(1) Sex discrimination findings.--
(A) Women are a vital part of American society and
culture and possess the same fundamental human rights
and civil rights as men.
(B) United States law prohibits the dissimilar
treatment for males and females who are similarly
situated and prohibits sex discrimination in various
contexts, including the provision of employment,
education, housing, health insurance coverage, and
athletics.
(C) Sex is an immutable characteristic, and is
ascertainable at the earliest stages of human
development through existing medical technology and
procedures commonly in use, including maternal-fetal
bloodstream DNA sampling, amniocentesis, chorionic
villus sampling or ``CVS'', and medical sonography. In
addition to medically assisted sex-determination
carried out by medical professionals, a growing sex-
determination niche industry has developed and is
marketing low-cost commercial products, widely
advertised and available, that aid in the sex
determination of an unborn child without the aid of
medical professionals. Experts have demonstrated that
the sex-selection industry is on the rise and predict
that it will continue to be a growing trend in the
United States. Sex determination is always a necessary
step to the procurement of a sex-selection abortion.
(D) A ``sex-selection abortion'' is an abortion
undertaken for purposes of eliminating an unborn child
of an undesired sex. Sex-selection abortion is
barbaric, and described by scholars and civil rights
advocates as an act of sex-based or gender-based
violence, predicated on sex discrimination. By
definition, sex-selection abortions do not implicate
the health of the mother of the unborn, but instead are
elective procedures motivated by sex or gender bias.
(E) The targeted victims of sex-selection abortions
performed in the United States and worldwide are
overwhelmingly female. The selective abortion of
females is female infanticide, the intentional killing
of unborn females, due to the preference for male
offspring or ``son preference''. Son preference is
reinforced by the low value associated, by some
segments of the world community, with female offspring.
Those segments tend to regard female offspring as
financial burdens to a family over their lifetime due
to their perceived inability to earn or provide
financially for the family unit as can a male. In
addition, due to social and legal convention, female
offspring are less likely to carry on the family name.
``Son preference'' is one of the most evident
manifestations of sex or gender discrimination in any
society, undermining female equality, and fueling the
elimination of females' right to exist in instances of
sex-selection abortion.
(F) Sex-selection abortions are not expressly
prohibited by United States law and the laws of 48
States. Sex-selection abortions are performed in the
United States. In a March 2008 report published in the
Proceedings of the National Academy of Sciences,
Columbia University economists Douglas Almond and Lena
Edlund examined the sex ratio of United States-born
children and found ``evidence of sex selection, most
likely at the prenatal stage''. The data revealed
obvious ``son preference'' in the form of unnatural
sex-ratio imbalances within certain segments of the
United States population, primarily those segments
tracing their ethnic or cultural origins to countries
where sex-selection abortion is prevalent. The evidence
strongly suggests that some Americans are exercising
sex-selection abortion practices within the United
States consistent with discriminatory practices common
to their country of origin, or the country to which
they trace their ancestry. While sex-selection
abortions are more common outside the United States,
the evidence reveals that female feticide is also
occurring in the United States.
(G) The American public supports a prohibition of
sex-selection abortion. In a March 2006 Zogby
International poll, 86 percent of Americans agreed that
sex-selection abortion should be illegal, yet only two
States have proscribed sex-selection abortion.
(H) Despite the failure of the United States to
proscribe sex-selection abortion, the United States
Congress has expressed repeatedly, through
Congressional resolution, strong condemnation of
policies promoting sex-selection abortion in the
``Communist Government of China''. Likewise, at the
2007 United Nation's Annual Meeting of the Commission
on the Status of Women, 51st Session, the United
States' delegation spearheaded a resolution calling on
countries to eliminate sex-selective abortion, a policy
directly contradictory to the permissiveness of current
United States' law, which places no restriction on the
practice of sex-selection abortion. The United Nations
Commission on the Status of Women has urged governments
of all nations ``to take necessary measures to prevent
. . . prenatal sex selection''.
(I) A 1990 report by Harvard University economist
Amartya Sen, estimated that more than 100 million women
were ``demographically missing'' from the world as
early as 1990 due to sexist practices, including sex-
selection abortion. Many experts believe sex-selection
abortion is the primary cause. As of 2008, estimates of
women missing from the world range in the hundreds of
millions.
(J) Countries with longstanding experience with
sex-selection abortion--such as the Republic of India,
the United Kingdom, and the People's Republic of
China--have enacted complete bans on sex-selection
abortion, and have steadily continued to strengthen
prohibitions and penalties. The United States, by
contrast, has no law in place to restrict sex-selection
abortion, establishing the United States as affording
less protection from sex-based feticide than the
Republic of India or the People's Republic of China,
whose recent practices of sex-selection abortion were
vehemently and repeatedly condemned by United States
congressional resolutions and by the United States'
Ambassador to the Commission on the Status of Women.
Public statements from within the medical community
reveal that citizens of other countries come to the
United States for sex-selection procedures that would
be criminal in their country of origin. Because the
United States permits abortion on the basis of sex, the
United States may effectively function as a ``safe
haven'' for those who seek to have American physicians
do what would otherwise be criminal in their home
countries--a sex-selection abortion, most likely late-
term.
(K) The American medical community opposes sex-
selection abortion. The American College of
Obstetricians and Gynecologists, commonly known as
``ACOG'', stated in its February 2007 Ethics Committee
Opinion, Number 360, that sex-selection is
inappropriate for family planning purposes because sex-
selection ``ultimately supports sexist practices''.
Likewise, the American Society for Reproductive
Medicine has opined that sex-selection for family
planning purposes is ethically problematic,
inappropriate, and should be discouraged.
(L) Sex-selection abortion results in an unnatural
sex-ratio imbalance. An unnatural sex-ratio imbalance
is undesirable, due to the inability of the numerically
predominant sex to find mates. Experts worldwide
document that a significant sex-ratio imbalance in
which males numerically predominate can be a cause of
increased violence and militancy within a society.
Likewise, an unnatural sex-ratio imbalance gives rise
to the commoditization of humans in the form of human
trafficking, and a consequent increase in kidnapping
and other violent crime.
(M) Sex-selection abortions have the effect of
diminishing the representation of women in the American
population, and therefore, the American electorate.
(N) Sex-selection abortion reinforces sex
discrimination and has no place in a civilized society.
(2) Racial discrimination findings.--
(A) Minorities are a vital part of American society
and culture and possess the same fundamental human
rights and civil rights as the majority.
(B) United Sates law prohibits the dissimilar
treatment of persons of different races who are
similarly situated. United States law prohibits
discrimination on the basis of race in various
contexts, including the provision of employment,
education, housing, health insurance coverage, and
athletics.
(C) A ``race-selection abortion'' is an abortion
performed for purposes of eliminating an unborn child
because the child or a parent of the child is of an
undesired race. Race-selection abortion is barbaric,
and described by civil rights advocates as an act of
race-based violence, predicated on race discrimination.
By definition, race-selection abortions do not
implicate the health of mother of the unborn, but
instead are elective procedures motivated by race bias.
(D) No State has enacted law to proscribe the
performance of race-selection abortions.
(E) Race-selection abortions have the effect of
diminishing the number of minorities in the American
population and therefore, the American electorate.
(F) Race-selection abortion reinforces racial
discrimination and has no place in a civilized society.
(3) General findings.--
(A) The history of the United States includes
examples of both sex discrimination and race
discrimination. The people of the United States
ultimately responded in the strongest possible legal
terms by enacting constitutional amendments correcting
elements of such discrimination. Women, once subjected
to sex discrimination that denied them the right to
vote, now have suffrage guaranteed by the 19th
amendment. African-Americans, once subjected to race
discrimination through slavery that denied them equal
protection of the laws, now have that right guaranteed
by the 14th amendment. The elimination of
discriminatory practices has been and is among the
highest priorities and greatest achievements of
American history.
(B) Implicitly approving the discriminatory
practices of sex-selection abortion and race-selection
abortion by choosing not to prohibit them will
reinforce these inherently discriminatory practices,
and evidence a failure to protect a segment of certain
unborn Americans because those unborn are of a sex or
racial makeup that is disfavored. Sex-selection and
race-selection abortions trivialize the value of the
unborn on the basis of sex or race, reinforcing sex and
race discrimination, and coarsening society to the
humanity of all vulnerable and innocent human life,
making it increasingly difficult to protect such life.
Thus, Congress has a compelling interest in acting--
indeed it must act--to prohibit sex-selection abortion
and race-selection abortion.
(b) Constitutional Authority.--In accordance with the above
findings, Congress enacts the following pursuant to Congress' power
under section 2 of the 13th amendment and section 5 of the 14th
amendment to enforce those amendments, including the prohibition on
government action denying equal protection of the laws, and the power
to pass all legislation necessary and proper for the carrying into
execution of these powers.
SEC. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF RACE OR SEX.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Discrimination against the unborn on the basis of race or
sex
``(a) In General.--Whoever knowingly--
``(1) performs an abortion knowing that such abortion is
sought based on the sex, gender, color or race of the child, or
the race of a parent of that child;
``(2) uses force or the threat of force to intentionally
injure or intimidate any person for the purpose of coercing a
sex-selection or race-selection abortion; or
``(3) solicits or accepts funds for the purpose of
financing a sex-selection abortion or a race-selection
abortion;
or attempts to do so, shall be fined under this title or imprisoned not
more than 5 years, or both.
``(b) Civil Remedies.--
``(1) Injunctive relief.--The Attorney General may in a
civil action obtain appropriate prospective injunctive relief
to enjoin a violation of subsection (a).
``(2) Loss of federal funding.--A violation of subsection
(a) shall be deemed for the purposes of title VI of the Civil
Rights Act of 1964 to be discrimination prohibited by section
601 of that Act.
``(3) Private cause of action.--The father, if married to
the mother at the time she receives a sex-selection abortion or
a race-selection abortion, or, if the mother has not attained
the age of 18 years at the time of the abortion, the maternal
grandparents of the unborn, may on behalf of the unborn in a
civil action obtain appropriate relief with respect to a
violation of subsection (a). The court may award a reasonable
attorney's fee as part of the costs in an action under this
paragraph. Appropriate relief includes money damages for all
injuries (whether psychological, physical, or financial,
including loss of companionship and support) occasioned by the
violation.
``(c) Reporting Requirement.--A physician, physician's assistant,
nurse, counselor, or other medical or mental health professional shall
report known or suspected violations of any of this section to
appropriate law enforcement authorities. Whoever violates this
requirement shall be fined under this title or imprisoned not more than
1 year, or both.
``(d) Expedited Consideration.--It shall be the duty of the United
States district courts, United States courts of appeal, and the Supreme
Court of the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter brought
under this section.
``(e) Exception.--A woman upon whom a sex-selection or race-
selection abortion is performed may not be prosecuted or held civilly
liable for any violation of this section, or for a conspiracy to
violate this section.
``(f) Definition.--The term `abortion' means the act of using or
prescribing any instrument, medicine, drug, or any other substance,
device, or means with the intent to terminate the clinically
diagnosable pregnancy of a woman, with knowledge that the termination
by those means will with reasonable likelihood cause the death of the
unborn child, unless the act is done with the intent to--
``(1) save the life or preserve the health of the unborn
child;
``(2) remove a dead unborn child caused by spontaneous
abortion; or
``(3) remove an ectopic pregnancy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 18, United States Code, is amended by adding after
the item relating to section 248 the following new item:
``249. Discrimination against the unborn on the basis of race or
sex.''.
SEC. 4. SEVERABILITY.
If any portion of this Act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the
portions or applications of this Act which can be given effect without
the invalid portion or application. | Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2009 - Imposes criminal penalties on anyone who knowingly or knowingly attempts to: (1) perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent; (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; or (3) solicit or accept funds to finance a sex-selection abortion or a race-selection abortion.
Authorizes injunctive relief.
Deems a violation of this act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.)
Provides for a private right of action for appropriate relief: (1) for the father if he is married to the mother at the time she has such an abortion; or (2) for the maternal grandparents of the unborn child if the mother is under 18 at the time of the abortion. Declares that appropriate relief includes money damages for all injuries, whether psychological, physical, or financial, including loss of companionship and support.
Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report.
Prohibits a woman having such an abortion from being prosecuted or held civilly liable.
Excludes from the definition of "abortion" actions taken to terminate a pregnancy if the intent is to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy. | {"src": "billsum_train", "title": "To prohibit discrimination against the unborn on the basis of sex or race, and for other purposes."} | 3,589 | 406 | 0.523808 | 1.754131 | 0.668044 | 4.610272 | 9.383686 | 0.918429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention, Awareness, and Research
Auto-Immune Disease Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Lupus Foundation of America estimates that at least
1.5 million Americans have a form of lupus, 9 out of 10 of
these Americans are women, and 80 percent of all newly
diagnosed cases of lupus are among women of childbearing age.
(2) According to a Lupus Foundation of America survey, more
than half of the people with lupus suffered for 4 or more years
and visited 3 or more doctors before obtaining a diagnosis of
lupus.
(3) Early diagnosis of and commencement of treatment for
lupus can prevent or reduce serious organ damage, disability,
and death.
(4) About 1 out of 5 lupus sufferers receives disability
payments, costing the Government several billion dollars each
year for social security disability benefits, lost taxes, and
medical care provided through Medicare and Medicaid.
(5) The average annual cost of medical treatment for an
individual with lupus is $6,000 to $10,000; for some people,
medical costs may exceed several thousand dollars every month.
(6) Despite the prevalence of lupus, public awareness and
understanding of lupus remains low. According to a Lupus
Foundation of America survey, only 1 out of 5 Americans can
provide even basic information about lupus.
(7) Awareness of lupus is lowest among adults ages 18 to
34, the age group most likely to develop symptoms of lupus.
(8) Multiple sclerosis is a chronic and often disabling
disease of the central nervous system which often first appears
in people who are 20 to 50 years of age, with lifelong physical
and emotional effects.
(9) Multiple sclerosis is twice as common in women as in
men.
(10) An estimated 250,000 to 400,000 individuals have
multiple sclerosis nationally.
(11) The average annual cost of multiple sclerosis to each
affected individual is approximately $50,000, and the total
cost can exceed $3,000,000 over an individual's lifetime.
(12) The annual cost of treating all people who suffer from
multiple sclerosis in the United States is approximately
$20,000,000,000.
(13) Symptoms of multiple sclerosis can be mild (such as
numbness in the limbs) or severe (such as paralysis or loss of
vision).
(14) The progress, severity, and specific symptoms of
multiple sclerosis in any one individual cannot yet be
predicted.
(15) Arthritis is the number one cause of disability in the
United States.
(16) Among the 2,100,000 people with rheumatoid arthritis
in the United States, women outnumber men 3 to 1.
(17) The total direct costs of rheumatoid arthritis,
including money spent on treatments, hospitalizations,
medications, transportation, and specialist aids, is
approximately $1,200,000,000 each year.
(18) The average medical care expenditures over the course
of a rheumatoid arthritis patient's lifetime is $225,000 to
$370,000.
(19) Fibromyalgia is believed to affect approximately
3,700,000 people (approximately 2 percent of the United States
population) and occurs more commonly in women than men.
(20) The exact cause of fibromyalgia is unknown, but may be
triggered by stress, trauma, or possibly an infectious agent in
susceptible people.
SEC. 3. GRANTS TO INCREASE AWARENESS OF AUTOIMMUNE DISEASES.
(a) Purpose.--The purpose of this section is to increase awareness
of autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid
arthritis, and fibromyalgia, in order to provide to the public a more
complete understanding of these diseases, which affect 5 to 10 percent
of the people in the United States.
(b) Amendments.--Title III of the Public Health Service Act (42
U.S.C. 241 et seq.) is amended--
(1) by moving section 317R so that such section follows
section 317Q; and
(2) by inserting after section 317R (as so moved) the
following:
``Sec. 317S. (a) Grants to Increase Awareness of Autoimmune
Diseases.--The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall award grants to eligible
entities to conduct public and professional awareness activities
regarding autoimmune diseases, such as lupus, multiple sclerosis,
rheumatoid arthritis, and fibromyalgia.
``(b) Use of Funds.--In conducting public and professional
awareness activities with a grant under this section, an eligible
entity may do any of the following:
``(1) Promote increased awareness of early intervention and
treatment so as to significantly improve the quality of life
for people with autoimmune diseases, such as lupus, multiple
sclerosis, rheumatoid arthritis, and fibromyalgia.
``(2) Target minority communities that may be underserved
or disproportionately affected by autoimmune diseases, such as
lupus, multiple sclerosis, rheumatoid arthritis, and
fibromyalgia.
``(3) Target women (who are disproportionately affected by
autoimmune diseases, such as lupus, multiple sclerosis,
rheumatoid arthritis, and fibromyalgia) so as to help reduce
the amount of time taken for correct diagnosis of such
diseases, which often takes more than 1 year.
``(c) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a nonprofit organization, a consumer group, an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), a Federal, State, or
local governmental agency, or a media organization.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for each of fiscal
years 2004 and 2005.''.
SEC. 4. GRANTS FOR EDUCATION ON RELATIONSHIP BETWEEN AUTOIMMUNE
DISEASES AND MENTAL ILLNESSES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.),
as amended by section 3 of this Act, is amended by inserting after
section 317S the following:
``Sec. 317T. (a) Grants for Education on Relationship Between
Autoimmune Diseases and Mental Illnesses.--The Secretary, acting
through the Administrator of the Health Resources and Services
Administration, shall award grants to eligible entities for the
education of health care providers on potential links between
autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid
arthritis, and fibromyalgia, and cognitive and mood disorders, such as
depression.
``(b) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a nonprofit organization, a consumer group, an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), a Federal, State, or
local governmental agency, or a media organization.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2004 and 2005.''.
SEC. 5. LOAN REPAYMENT PROGRAM REGARDING PHYSICIAN RESEARCH ON
AUTOIMMUNE DISEASES.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended--
(1) by redesignating the second section 487F as section
487G; and
(2) by inserting after section 487G (as so redesignated)
the following:
``SEC. 487H. LOAN REPAYMENT PROGRAM REGARDING PHYSICIAN RESEARCH ON
AUTOIMMUNE DISEASES.
``(a) Establishment.--To the extent and in the amounts provided in
advance in appropriations Acts, the Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a program to enter into contracts with qualified
physicians under which such qualified physicians agree to conduct
research for a period of at least 3 years regarding autoimmune
diseases, such as lupus, multiple sclerosis, rheumatoid arthritis, and
fibromyalgia, in consideration of the Federal Government agreeing to
repay, for each year of service conducting such research, not more than
$35,000 of the principal and interest of the educational loans of such
qualified physicians.
``(b) Application of Provisions.--Except as inconsistent with this
section, the provisions of sections 338B, 338C, and 338E shall apply to
the program established under this section to the same extent and in
the same manner as such provisions apply to the National Health Service
Corps Loan Repayment Program established in subpart III of part D of
title III.
``(c) Qualified Physician.--For purposes of this section, the term
`qualified physician' means any individual who has received, or will
have received by the time of the research to be conducted under this
section, a degree of doctor of medicine or its equivalent and is
licensed to practice medicine in the United States.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(2) Availability.--Amounts appropriated for carrying out
this section shall remain available until the expiration of the
second fiscal year beginning after the fiscal year for which
the amounts were made available.''. | Prevention, Awareness, and Research Auto-Immune Disease Act - Amends the Public Health Service Act to provide grants through the Centers for Disease Control to conduct public and professional awareness activities regarding autoimmune diseases, including lupus, multiple sclerosis, rheumatoid arthritis, and fibromyalgia.
Provides grants through the Health Resources and Services Administration for the education of health care providers on potential links between autoimmune diseases and cognitive and mood disorders such as depression.
Establishes a research program where qualified physicians agree to conduct research concerning autoimmune diseases in exchange for student loan repayment. | {"src": "billsum_train", "title": "To increase awareness of and research on autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid arthritis, and fibromyalgia, and for other purposes."} | 2,247 | 134 | 0.368852 | 1.05649 | 0.600572 | 4.298077 | 17.923077 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capturing Criminals Act of 2000''.
SEC. 2. FUGITIVE APPREHENSION TASK FORCES.
(a) In General.--The Attorney General is authorized to establish,
upon consultation with the Secretary of the Treasury and appropriate
law enforcement officials in the States, Fugitive Apprehension Task
Forces, consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be
coordinated by the Director of the United States Marshals Service, for
the purpose of locating and apprehending fugitives, as defined by
section 1075 of title 18, United States Code, as added by this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Marshals Service to carry out the
provisions of this section $20,000,000 for fiscal year 2001, $5,000,000
for fiscal year 2002, and $5,000,000 for fiscal year 2003.
(c) Other Federal and State law.--Nothing in this section shall be
construed to limit the authority under any other provision of Federal
or State law to locate or apprehend a fugitive .
SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section--
``(1) the term `fugitive' means a person who--
``(A) having been accused by complaint, information
or indictment, or having been convicted of committing,
a felony under Federal law, flees from or evades (or
attempts to flee from or evade) the jurisdiction of the
court with jurisdiction over the felony;
``(B) having been accused by complaint, information
or indictment, or having been convicted of committing,
a felony under State law, flees from or evades (or
attempts to flee from or evade) the jurisdiction of the
court with jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information or
indictment, or convicted, of committing a felony under
Federal or State law; or
``(D) is in violation of paragraph (2) or (3) of
the first undesignated paragraph of section 1073;
``(2) the term `investigation' means, with respect to a
State fugitive described in subparagraph (B) or (C) of
paragraph (1), an investigation in which there is reason to
believe that the fugitive fled from or evaded (or attempted to
flee from or evade) the jurisdiction of the court, or escaped
from custody, in or affecting, or using any facility of,
interstate or foreign commerce, or as to whom an appropriate
law enforcement officer or official of a State or political
subdivision has requested the Attorney General to assist in the
investigation, and the Attorney General finds that the
particular circumstances of the request give rise to a Federal
interest sufficient for the exercise of Federal jurisdiction
under section 1075; and
``(3) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.
``(b) Scope.--In any investigation with respect to the apprehension
of a fugitive, the Attorney General may subpoena witnesses for the
purpose of the production of any records (including books, papers,
documents, electronic data, and other tangible and intangible items
that constitute or contain evidence) that the Attorney General finds,
based upon articulable facts, are relevant to discerning the fugitive's
whereabouts. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return date
within a reasonable period of time within which the records or items
can be assembled and made available.
``(c) Jurisdiction.--The attendance of witnesses and the production
of records may be required from any place in any State or any other
place subject to the jurisdiction of the United States at any
designated place where the witness is served with a subpoena, except
that a witness shall not be required to appear more than 500 miles
distant from the place where the witness was served. Witnesses
subpoenaed under this section shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
``(d) Service.--A subpoena issued under this section may be served
by any person designated in the subpoena as the agent of service.
Service upon a natural person may be made by personal delivery of the
subpoena to that person or by certified mail with return receipt
requested. Service may be made upon a domestic or foreign corporation,
a partnership, or other unincorporated association that is subject to
suit under a common name, by delivering the subpoena to an officer, a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process. The affidavit of
the person serving the subpoena entered on a true copy thereof by the
agent of service shall be proof of service.
``(e)Enforcement.--
``(1) Noncompliance.--In the case of the contumacy by or
refusal to obey a subpoena issued to any person, the Attorney
General may invoke the aid of any court of the United States
within the jurisdiction of which the investigation is carried
on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel
compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney
General to produce records if so ordered. Any failure to obey
the order of the court may be punishable by the court as
contempt thereof. All process in any such case may be served in
any judicial district in which the person may be found.
``(2) Rights of a subpoena recipient.--Not later than 20
days after the date of service of an administrative subpoena
under this section upon any person, or at any time before the
return date specified in the subpoena, whichever period is
shorter, such person may file, in the district court of the
United States for the judicial district within which such
person resides, is found, or transacts business, a petition to
modify or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
unnecessary;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) the subpoena violates the constitutional
rights or any other legal right or privilege of the
subpoenaed party.
``(3) Time for response.--The time allowed for compliance
with a subpoena in whole or in part shall be suspended during
the pendency of a petition filed under paragraph (2). Such
petition shall specify the grounds upon which the petitioner
relies in seeking relief.
``(f) Delayed notice.--
``(1) In general.--Where an administrative subpoena is
issued under this section to a provider of electronic
communication service (as defined in section 2510 of this
title) or remote computing service (as defined in section 2711
of this title), the Attorney General may--
``(A) in accordance with section 2705(a) of this
title, delay notification to the subscriber or customer
to whom the record pertains; and
``(B) apply to a court, in accordance with section
2705(b) of this title, for an order commanding the
provider of electronic communication service or remote
computing service not to notify any other person of the
existence of the subpoena or court order.
``(2) Subpoenas for financial records.--If a subpoena is
issued under this section to a financial institution for
financial records of any customer of such institution, the
Attorney General may apply to a court under section 1109 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an
order to delay customer notice as otherwise required.
``(3) Nondisclosure requirements.--Except as provided in
paragraphs (1) and (2), the Attorney General may apply to a
court for an order requiring the party to whom an
administrative subpoena is directed to refrain from notifying
any other party of the existence of the subpoena or court order
for such period as the court deems appropriate. The court shall
enter such order if it determines that there is reason to
believe that notification of the existence of the
administrative subpoena will result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or undue delay of a trial.
``(g) Immunity From Civil Liability.--Any person, including
officers, agents, and employees, who in good faith produce the records
or items requested in a subpoena shall not be liable in any court of
any State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.
``(h) Delegation.--The Attorney General and the Secretary of the
Treasury shall issue guidelines governing the issuance of
administrative subpoenas. Such guidelines shall mandate that
administrative subpoenas may be issued only after review and approval
of senior supervisory personnel within the Department of Justice and
the Department of the Treasury.
``(i) Report.--The Attorney General shall report in January of each
year to the Committees on the Judiciary of the Senate and the House of
Representatives on the number of administrative subpoenas issued under
this section, whether each matter involved a fugitive from Federal or
State charges, and identification of the agency issuing the subpoena
and imposing the charges. This reporting requirement shall terminate in
3 years after enactment.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end the
following:
``1075. Administrative subpoenas to apprehend fugitives.''.
SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRATIVE SUBPOENAS.
Not later than December 31, 2001, the Attorney General shall
complete a study on the use of administrative subpoena power by
executive branch agencies or entities and shall report the findings to
the Committees on the Judiciary of the Senate and the House of
Representatives. Such report shall include--
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive
branch agencies;
(2) a description of applicable subpoena enforcement
mechanisms;
(3) a description of any notification provisions and any
other provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance
of administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power is
used and enforced consistently and fairly by executive branch
agencies. | (Sec. 3) Authorizes the Attorney General, in any investigation with respect to the apprehension of a fugitive (defined as a person who has been accused or convicted of committing a felony under Federal or State law and who undertakes specified acts, such as fleeing or escaping from lawful Federal or State custody), to subpoena witnesses for the production of any records relevant to discerning the fugitive's whereabouts. Sets forth provisions governing the jurisdiction, service, enforcement, and notice of, noncompliance with, and the time for response to such a subpoena, as well as the rights of a subpoena recipient and nondisclosure requirements..
Directs: (1) the Attorney General and the Secretary of the Treasury to issue guidelines governing the issuance of such subpoenas, including a requirement that they be issued only after review and approval of senior supervisory personnel within the Department of Justice and the Department of the Treasury; and (2) the Attorney General to report each January to the Senate and House Judiciary Committees on the number of administrative subpoenas issued under this section, on whether each matter involved a fugitive from Federal or State charges, and on the agency issuing the subpoena and imposing the charges.
(Sec. 4) Directs the Attorney General to complete a study on the use of administrative subpoena power by executive branch agencies or entities and to report the findings to the Senate and House Judiciary Committees. | {"src": "billsum_train", "title": "Capturing Criminals Act of 2000"} | 2,664 | 352 | 0.513974 | 1.52907 | 0.732437 | 4.05283 | 8.584906 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry American Heritage
Area Act of 1995''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the industrial and cultural heritage of southwestern
Pennsylvania, including the city of Pittsburgh, and the
counties of Allegheny, Armstrong, Beaver, Fayette, Greene,
Washington, and Westmoreland, related directly to steel and
steel-related industries, is nationally significant;
(2) these industries include steelmaking, iron making,
aluminum, specialty metals, glass, coal mining, coke
production, machining and foundries, transportation, and
electrical industries;
(3) the industrial and cultural heritage of the steel and
related industries in this region includes the social history
and living cultural traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including the formation
of many key unions such as the Congress of Industrial
Organizations (CIO) and the United Steel Workers of America
(USWA), and crucial struggles to improve wages and working
conditions, such as the Rail Strike of 1877, the Homestead
Strike of 1892, and the Great Steel Strike of 1919;
(5) the Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and
there are significant examples of these resources, within this
seven-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation
with the Steel Industry Heritage Corporation, the Commonwealth
of Pennsylvania, and other local and governmental bodies, to
adequately conserve, protect, and interpret this heritage for
future generations, while providing opportunities for education
and revitalization; and
(6) the Steel Industry Heritage Corporation would be an
appropriate management entity for a Heritage Area established
in the region.
(b) Statement of Purpose.--The objectives of the Steel Industry
American Heritage Area are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the steel industry region of southwestern Pennsylvania and
empower the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the seven-county region of
southwestern Pennsylvania.
SEC. 3. STEEL INDUSTRY AMERICAN HERITAGE AREA.
(a) Establishment.--There is hereby established a Steel Industry
American Heritage Area (in this Act referred to as the ``Heritage
Area'').
(b) Boundaries.--The Heritage Area shall be comprised of the
counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington,
and Westmoreland in Pennsylvania.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Steel Industry Heritage Corporation.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the
Interior (in this Act referred to as the ``Secretary'') shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including the following:
(1) A delineation of the boundaries of the proposed
American Heritage Area.
(2) A discussion of the goals and objectives of the
proposed American Heritage Area, including an explanation of
the proposed approach to conservation and interpretation and a
general outline of the protection measures committed to by the
partners referred to in clause (iv).
(3) An identification and description of the management
entity that will administer the proposed American Heritage
Area.
(4) A list of the initial partners to be involved in
developing and implementing the management plan referred to in
paragraph (3) for the proposed American Heritage Area, and a
statement of the financial commitment of the partners.
(5) A description of the role of the State or States in
which the proposed American Heritage Area is located.
The compact shall be prepared with public participation. Actions called
for in the compact shall be likely to be initiated within a reasonable
time after designation of the proposed American Heritage Area and shall
ensure effective implementation of the State and local aspects of the
compact.
SEC. 5. MANAGEMENT PLAN.
The management entity shall develop a management plan for the
Heritage Area that presents comprehensive recommendations for the
Heritage Area's conservation, funding, management and development. Such
plan shall take into consideration existing State, county, and local
plans and involve residents, public agencies, and private organizations
working in the Heritage Area. It shall include actions to be undertaken
by units of government and private organizations to protect the
resources of the Heritage Area. It shall specify the existing and
potential sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include specifically as appropriate the
following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance.
(2) A recommendation of policies for resource management
which consider and detail application of appropriate land and
water management techniques, including but not limited to, the
development of intergovernmental cooperative agreements to
protect the Heritage Area's historical, cultural, recreational,
and natural resources in a manner consistent with supporting
appropriate and compatible economic viability.
(3) A program for implementation of the management plan by
the management entity, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of the
Act.
(5) An interpretation plan for the Heritage Area.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
under section 5, use Federal funds made available through this Act--
(1) to make loans and grants to, and enter into cooperative
agreements with, States and their political subdivisions,
private organizations, or any person; and
(2) to hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 5 within 3 years after
the date of the enactment of this Act;
(2) give priority to implementing actions set forth in the
compact and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in
preserving the Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in
establishing, and maintaining interpretive exhibits in
the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in
developing recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in
increasing public awareness of and appreciation for the
natural, historical and architectural resources and
sites in the Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the
restoration of any historic building relating to the
themes of the Heritage Area;
(F) encourage by appropriate means economic
viability in the Heritage Area consistent with the
goals of the plan;
(G) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure
that clear, consistent, and environmentally appropriate
signs identifying access points and sites of interest
are put in place throughout the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
(6) for any year in which Federal funds have been received
under this Act, submit an annual report to the Secretary
setting forth its accomplishments, its expenses and income, and
the entity to which any loans and grants were made during the
year for which the report is made; and
(7) for any year in which Federal funds have been received
under this Act, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds.
If a management plan is not submitted to the Secretary as required
under paragraph (1) within the specified time, the Heritage Area shall
no longer qualify for Federal funding.
(c) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property or an interest in real property. Nothing in this
Act shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.
(d) Eligibility for Receiving Financial Assistance.--
(1) Eligibility.--The management entity shall be eligible
to receive funds appropriated through this Act for a period of
13 years after the day on which the compact under section 4 is
signed by the Secretary and the management entity, except as
provided in paragraph (2).
(2) Exception.--The management entity's eligibility for
funding under this Act may be extended for a period of not more
than 5 additional years, if--
(A) the management entity determine such extension
is necessary in order to carry out the purposes of this
Act and notify the Secretary not later than 180 days
prior to the termination date;
(B) the management entity, not later than 180 days
prior to the termination date, present to the Secretary
a plan of their activities for the period of the
extension, including provisions for becoming
independent of the funds made available through this
Act; and
(C) the Secretary, with the advice of the Governor
of Pennsylvania approves such extension of funding.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--The Secretary may, upon request of
the management entity, provide technical and financial
assistance to the Heritage Area to develop and
implement the management plan. In assisting the
Heritage Area, the Secretary shall give priority to
actions that in general assist in--
(i) conserving the significant natural,
historic, and cultural resources which support
its themes; and
(ii) providing educational, interpretive,
and recreational opportunities consistent with
its resources and associated values.
(B) Spending for nonfederally owned property.--The
Secretary may spend Federal funds directly on
nonfederally owned property to further the purposes of
this Act, especially in assisting units of government
in appropriate treatment of districts, sites,
buildings, structures, and objects listed or eligible
for listing on the National Register of Historic
Places. The Historic American Building Survey/Historic
American Engineering Record shall conduct those studies
necessary to document the industrial, engineering,
building, and architectural history of the region.
(2) Approval and disapproval of compacts and management
plans.--
(A) In general.--The Secretary, in consultation
with the Governor of Pennsylvania shall approve or
disapprove a compact or management plan submitted under
this Act not later than 90 days after receiving such
compact or management plan.
(B) Action following disapproval.--If the Secretary
disapproves a submitted compact or management plan, the
Secretary shall advise the management entity in writing
of the reasons therefor and shall make recommendations
for revisions in the compact or plan. The Secretary
shall approve or disapprove a proposed revision within
90 days after the date it is submitted.
(3) Approving amendments.--The Secretary shall review
substantial amendments to the management plan for the Heritage
Area. Funds appropriated pursuant to this Act may not be
expended to implement the changes until the Secretary approves
the amendments.
(4) Promulgating regulations.--The Secretary shall
promulgate such regulations as are necessary to carry out the
purposes of this Act.
(b) Duties of Federal Entities.--Any Federal entity conducting any
activity directly affecting the Heritage Area shall consider the
potential effect of the activity on the management plan for the area
and shall consult with the Governor of Pennsylvania with respect to the
activity to minimize the adverse effects of the activity on the area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Steel Industry American Heritage Area Act of 1995 - Establishes a Steel Industry American Heritage Area in Pennsylvania.
Designates the Steel Industry Heritage Corporation as the Area's management entity. Requires: (1) the Secretary of the Interior, for purposes of carrying out this Act, to enter into a compact with the Corporation; and (2) the Corporation to develop and submit to the Secretary for approval a management plan for the Area that presents comprehensive recommendations for the Area's conservation, funding, management, and development.
Authorizes the Corporation, for purposes of preparing and implementing the management plan, to use Federal funds made available through this Act to: (1) make loans and grants to, and enter into cooperative agreements with, States and political subdivisions, private organizations, or any person; and (2) hire and compensate staff.
Prohibits the Corporation from using Federal funds received under this Act to acquire real property or an interest in real property. Allows such entity to use Federal funds from other sources for their permitted purposes.
Makes the Corporation eligible to receive funds appropriated through this Act for a 13-year period after the day on which the compact is signed by the Secretary and the Corporation. Allows such period to be extended for up to five additional years under specified conditions.
Authorizes the Secretary to: (1) upon request of the Corporation, provide technical and financial assistance to the Area to develop and implement the management plan; and (2) spend Federal funds directly on nonfederally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. Requires the Historic American Building Survey-Historic American Engineering Record to conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region.
Authorizes appropriations. | {"src": "billsum_train", "title": "Steel Industry American Heritage Area Act of 1995"} | 2,709 | 393 | 0.621699 | 2.066071 | 0.758418 | 4.885942 | 7.159151 | 0.944297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medicare Assistance Act of
2006''.
SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR VETERANS.
Section 1862 of the Social Security Act (42 U.S.C. 1395y) is
amended by adding at the end the following new subsection:
``(n) Medicare Subvention for Veterans.--
``(1) Establishment of procedure for reimbursement.--
``(A) In general.--The administering Secretaries
shall establish a procedure under which the Secretary
shall reimburse the Secretary of Veterans Affairs, from
the trust funds, for medicare health care services
furnished to medicare-eligible veterans.
``(B) Requirements.--Under the procedure
established under subparagraph (A)--
``(i) the administering Secretaries shall
certify that any Department of Veterans Affairs
medical facility that furnishes medicare health
care services for which the Secretary of
Veterans Affairs is reimbursed under this
subsection has sufficient--
``(I) resources and expertise to
provide the health care benefits
required to be provided to individuals
entitled to benefits under part A or
enrolled under part B; and
``(II) information and billing
systems in place to ensure accurate and
timely submission of claims for health
care benefits to the Secretary;
``(ii) the Secretary shall have access to
all data of the Department of Veterans Affairs
that the Secretary determines is necessary to
verify accuracy in billing and claims
information; and
``(iii) the Secretary shall waive
requirements for conditions of participation
otherwise applicable to a provider of services
or a supplier under this title in the case of a
Department of Veterans Affairs medical facility
consistent with paragraph (3).
``(C) Restriction on new or expanded facilities.--
No new Veterans Affairs medical facilities may be built
or expanded with funds received under this subsection.
``(2) Cost-sharing.--The amount of reimbursement to the
Secretary of Veterans Affairs for medicare health care services
shall be reduced by amounts attributable to applicable
deductible, coinsurance, and cost-sharing requirements under
this title.
``(3) Medicare requirements.--
``(A) Waiver.--The Secretary shall waive any
requirements referred to in paragraph (1)(B)(iii)
(relating to requirements for conditions of
participation) in the case of a Department of Veterans
Affairs medical facility, or approve equivalent or
alternative ways of meeting such a requirement, but
only if such waiver or approval--
``(i) reflects the unique status of the
Department of Veterans Affairs as an agency of
the Federal Government; and
``(ii) is necessary to provide (or to
improve the efficiency of providing) for
reimbursement for medicare health care services
under this subsection.
``(B) Waiver of prohibition on payments to federal
providers of services.--The prohibition of payments to
Federal providers of services under sections 1814(c)
and 1835(d), and paragraphs (2) and (3) of subsection
(a), shall not apply.
``(4) Verification of eligibility.--
``(A) In general.--The Secretary of Veterans
Affairs shall establish procedures for determining
whether an individual is a medicare-eligible veteran.
``(B) Restriction.--No reimbursement shall be made
under this subsection for any medicare health care
service provided to an individual unless the individual
has been determined to be a medicare-eligible veteran
pursuant to the procedures established under
subparagraph (A).
``(5) Data requirements.--Reimbursements for medicare
health care services furnished to medicare-eligible veterans
may not be made until such time as the administering
Secretaries certify to Congress that the--
``(A) cost accounting and related transaction
systems of the Veterans Health Administration provide
cost information and encounter data regarding health
care delivered at each Department of Veterans Affairs
medical facility on an inpatient and outpatient basis;
and
``(B) cost information and encounter data provided
by such systems is accurate, reliable, and consistent
across all facilities.
``(6) Payments based on regular medicare payment rates.--
``(A) Amount.--Subject to the succeeding provisions
of this paragraph, the Secretary shall reimburse the
Secretary of Veterans Affairs for health care benefits
provided to medicare-eligible veterans at a rate equal
to 100 percent of the amounts that otherwise would be
payable under this title on a noncapitated basis for
such service if the Department of Veterans Affairs
medical facility were a provider of services, were
participating in the medicare program, and imposed
charges for such service.
``(B) Exclusion of certain amounts.--In computing
the amount of payment under subparagraph (A), the
following amounts shall be excluded:
``(i) Disproportionate share hospital
adjustment.--Any amount attributable to an
adjustment under section 1886(d)(5)(F).
``(ii) Direct graduate medical education
payments.--Any amount attributable to a payment
under section 1886(h).
``(iii) Indirect medical education
adjustment.--Any amount attributable to the
adjustment under section 1886(d)(5)(B).
``(iv) Percentage of capital payments.--67
percent of any amounts attributable to payments
for capital-related costs under medicare
payment policies under section 1886(g).
``(C) Periodic payments from medicare trust
funds.--Payments under this paragraph shall be made--
``(i) on a periodic basis consistent with
the periodicity of payments under this title;
and
``(ii) in appropriate part, as determined
by the Secretary, from the trust funds.
``(7) Crediting of payments.--Any payment shall be
deposited in the Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of title 38,
United States Code.
``(8) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) as prohibiting the Inspector General of the
Department of Health and Human Services from
investigating any matters regarding the expenditure of
funds under this subsection, including compliance with
the provisions of this title and all other relevant
laws; or
``(B) as adding or requiring additional criteria
for eligibility for health care benefits furnished to
veterans by the Secretary of Veterans Affairs, as
established under chapter 17 of title 38, United States
Code.
``(9) Evaluation and reports.--The administering
Secretaries shall conduct ongoing evaluations of the procedure
established under this subsection, and shall submit periodic
reports to Congress on--
``(A) any savings or costs to the medicare program
by reason of this subsection; and
``(B) effects of this subsection on access to care
by medicare-eligible veterans.
``(10) Definitions.--In this subsection:--
``(A) Administering secretaries.--The term
`administering Secretaries' means the Secretary and the
Secretary of Veterans Affairs acting jointly.
``(B) Medicare health care services.--The term
`medicare health care services' means items or services
covered under part A or B of this title.
``(C) Medicare-eligible veteran.--The term
`medicare-eligible veteran' means an individual who--
``(i) is a veteran (as defined in section
101(2) of title 38, United States Code) who is
eligible for care and services under section
1705(a) of title 38, United States Code;
``(ii) has attained age 65;
``(iii) is entitled to, or enrolled for,
benefits under part A of this title; and
``(iv) is enrolled for benefits under part
B of this title.
``(D) Trust funds.--The term `trust funds' means
the Federal Hospital Insurance Trust Fund established
in section 1817 and the Federal Supplementary Medical
Insurance Trust Fund established in section 1841.
``(E) Department of veterans affairs medical
facility.--The term `Department of Veterans Affairs
medical facility' means a medical facility as defined
in section 8101(3) of title 38, United States Code
alone or in conjunction with other facilities under the
jurisdiction of the Secretary of Veterans Affairs.''. | Veterans Medicare Assistance Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require the Secretaries of Health and Human Services (HHS) and of Veterans Affairs (VA) to establish a Medicare subvention project under which the HHS Secretary shall reimburse the VA Secretary for Medicare health care services furnished to Medicare-eligible veterans in VA facilities. | {"src": "billsum_train", "title": "To provide for Medicare reimbursement for health care services provided to Medicare-eligible veterans in facilities of the Department of Veterans Affairs."} | 1,820 | 86 | 0.584623 | 1.30312 | 1.11575 | 2.887324 | 23.183099 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Responsibility and
Awareness of Chemicals Act'' or the ``FRAC Act''.
SEC. 2. REGULATION OF HYDRAULIC FRACTURING.
(a) Underground Injection.--Section 1421(d) of the Safe Drinking
Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and
inserting the following:
``(1) Underground injection.--
``(A) In general.--The term `underground injection'
means the subsurface emplacement of fluids by well
injection.
``(B) Inclusion.--The term `underground injection'
includes the underground injection of fluids or
propping agents pursuant to hydraulic fracturing
operations relating to oil or gas production
activities.
``(C) Exclusion.--The term `underground injection'
does not include the underground injection of natural
gas for the purpose of storage.''.
(b) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42
U.S.C. 300h(b)) is amended by adding at the end the following:
``(4) Disclosures of chemical constituents.--
``(A) In general.--A person conducting hydraulic
fracturing operations shall disclose to the State (or
to the Administrator, in any case in which the
Administrator has primary enforcement responsibility in
a State), by not later than such deadlines as shall be
established by the State (or the Administrator)--
``(i) before the commencement of any
hydraulic fracturing operations at any lease
area or a portion of a lease area, a list of
chemicals intended for use in any underground
injection during the operations (including
identification of the chemical constituents of
mixtures, Chemical Abstracts Service numbers
for each chemical and constituent, material
safety data sheets when available, and the
anticipated volume of each chemical to be
used); and
``(ii) after the completion of hydraulic
fracturing operations described in clause (i),
the list of chemicals used in each underground
injection during the operations (including
identification of the chemical constituents of
mixtures, Chemical Abstracts Service numbers
for each chemical and constituent, material
safety data sheets when available, and the
volume of each chemical used).
``(B) Public availability.--The State (or the
Administrator, as applicable) shall make available to
the public the information contained in each disclosure
of chemical constituents under subparagraph (A),
including by posting the information on an appropriate
Internet website.
``(C) Immediate disclosure in case of medical
emergency.--
``(i) In general.--Subject to clause (ii),
the regulations promulgated pursuant to
subsection (a) shall require that, in any case
in which the State (or the Administrator, as
applicable) or an appropriate treating
physician or nurse determines that a medical
emergency exists and the proprietary chemical
formula or specific chemical identity of a
trade-secret chemical used in hydraulic
fracturing is necessary for medical treatment,
the applicable person using hydraulic
fracturing shall, upon request, immediately
disclose to the State (or the Administrator) or
the treating physician or nurse the proprietary
chemical formula or specific chemical identity
of a trade-secret chemical, regardless of the
existence of--
``(I) a written statement of need;
or
``(II) a confidentiality agreement.
``(ii) Requirement.--A person using
hydraulic fracturing that makes a disclosure
required under clause (i) may require the
execution of a written statement of need and a
confidentiality agreement as soon as
practicable after the determination by the
State (or the Administrator) or the treating
physician or nurse under that clause.
``(D) No public disclosure required.--Nothing in
subparagraph (A) or (B) authorizes a State (or the
Administrator) to require the public disclosure of any
proprietary chemical formula.''. | Fracturing Responsibility and Awareness of Chemicals Act or the FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and gas production activities under such Act.
Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to make such disclosure available to the public.
Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical treatment, to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, or the treating physician or nurse upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes."} | 886 | 262 | 0.639656 | 1.921923 | 0.868525 | 2.915556 | 3.524444 | 0.942222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 that migrate through the lower
Columbia River.
(2) The people of the Northwest United States are united in
their desire to restore healthy salmon and steelhead runs, as
they are integral to the region's culture and economy.
(3) The Columbia River treaty tribes retain important
rights with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of Columbia River
salmon and steelhead populations.
(5) One of the factors impacting salmonid populations is
increased predation by marine mammals, including California sea
lions.
(6) The population of California sea lions has increased 6-
fold over the last 3 decades, and is currently greater than
250,000 animals.
(7) In recent years, more than 1,000 California sea lions
have been foraging in the lower 145 miles of the Columbia River
up to Bonneville Dam during the peak spring salmonid run before
returning to the California coast to mate.
(8) The percentage of the spring salmonid run that has been
eaten or killed by California sea lions at Bonneville Dam has
increased 7-fold since 2002.
(9) In recent years, California sea lions have with greater
frequency congregated near Bonneville Dam and have entered the
fish ladders.
(10) These California sea lions have not been responsive to
extensive hazing methods employed near Bonneville Dam to
discourage this behavior.
(11) The process established under the 1994 amendment to
the Marine Mammal Protection Act of 1972 to address aggressive
sea lion behavior is protracted and will not work in a timely
enough manner to protect threatened and endangered salmonids in
the near term.
(12) In the interest of protecting Columbia River
threatened and endangered salmonids, a temporary expedited
procedure is urgently needed to allow removal of the minimum
number of California sea lions as is necessary to protect the
passage of threatened and endangered salmonids in the Columbia
River and its tributaries.
(13) On December 21, 2010, the independent Pinniped-Fishery
Interaction Task Force recommended lethally removing more of
the California sea lions in 2011.
(14) On August 18, 2011, the States of Washington, Oregon,
and Idaho applied to the National Marine Fisheries Service,
under section 120(b)(1)(A) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of
sea lions that the States determined are having a ``significant
negative impact'' on the recovery of Columbia River and Snake
River salmon and steelhead.
(15) On September 12, 2011, the National Marine Fisheries
Service announced it was accepting the States' application for
lethal removal of sea lions and that it would reconvene the
Pinniped-Fishery Interaction Task Force to consider the States'
application. This Act will ensure the necessary authority for
permits under the Marine Mammal Protection Act of 1972 to be
issued in a timely fashion.
(16) During a June 14, 2011, hearing, the Committee on
Natural Resources of the House of Representatives received
testimony from State and tribal witnesses expressing concern
that significant pinniped predation of important Northwest fish
resources other than salmonids is severely impacting fish
stocks determined by both Federal and State fishery management
agencies to be at low levels of abundance, and that this cannot
be addressed by section 120 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389), which as in effect before the
enactment of this Act restricted control of predatory
pinnipeds' impact only with respect to endangered salmonids.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON
AND OTHER NONLISTED FISH SPECIES.
Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1389) is amended by striking subsection (f) and inserting the
following:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River or Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity authorizing the intentional lethal taking on
the waters of the Columbia River and its tributaries of sea
lions that are part of a population that is not categorized as
depleted under this Act or listed as an endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), to protect endangered and threatened
species of salmon and other nonlisted fish species.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
The Secretary shall approve or deny an application for
a permit under this subsection by not later than 30
days after receiving the application.
``(C) Duration of permit.--A permit under this
subsection shall be effective for no more than one year
after the date it is issued, but may be renewed by the
Secretary.
``(3) Limitations.--
``(A) Limitation on permit authority.--Subject to
subparagraph (B), a permit issued under this subsection
shall not authorize the lethal taking of more than 10
sea lions during the duration of the permit.
``(B) Limitation on annual takings.--The cumulative
number of sea lions authorized to be taken each year
under all permits in effect under this section shall
not exceed one percent of the annual potential
biological removal level.
``(4) Delegation of permit authority.--Any eligible entity
may delegate to any other eligible entity the authority to
administer its permit authority under this subsection.
``(5) NEPA.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to this subsection and the issuance of
any permit under this subsection during the 5-year period
beginning on the date of the enactment of this subsection.
``(6) Suspension of permitting authority.--If, 5 years
after enactment, the Secretary, after consulting with State and
tribal fishery managers, determines that lethal removal
authority is no longer necessary to protect salmonid and other
fish species from sea lion predation, may suspend the issuance
of permits under this subsection.
``(7) Eligible entity defined.--In this subsection, the
term `eligible entity' means each of the State of Washington,
the State of Oregon, the State of Idaho, the Nez Perce Tribe,
the Confederated Tribes of the Umatilla Indian Reservation, the
Confederated Tribes of the Warm Springs Reservation of Oregon,
the Confederated Tribes and Bands of the Yakama Nation, and the
Columbia River Inter-Tribal Fish Commission.
``(8) Training in wildlife management.--Permit holders
exercising lethal removal authority pursuant to this Act shall
be trained in wildlife management.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) preventing predation by sea lions, recovery of listed
salmonid stocks, and preventing future listings of fish stocks
in the Columbia River is a vital priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal measures for preventing such predation.
SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendment made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe. | Endangered Salmon and Fisheries Predation Prevention Act (Sec. 3) This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits to Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission for the lethal taking on the waters of the Columbia River or its tributaries of sea lions that are part of a population that is not categorized as depleted or listed as an endangered or threatened species in order to protect endangered and threatened species of salmon and other nonlisted fish species. These permits may be renewed by NOAA. The permits may authorize the lethal taking of 10 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 1% of the annual potential biological removal level. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of such permits if, after five years, lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation. Permit holders exercising lethal removal authority must be trained in wildlife management. (Sec. 4) The bill: (1) states that it is a vital priority to prevent sea lions from preying on fish, recover listed salmonid stocks, and prevent future listings of fish stocks in the Columbia River; and (2) urges the federal government to fund lethal and nonlethal removal measures for preventing such predation. | {"src": "billsum_train", "title": "Endangered Salmon and Fisheries Predation Prevention Act"} | 1,811 | 404 | 0.648748 | 2.099726 | 0.603053 | 4.648148 | 4.873457 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice and Mental Health
Collaboration Act of 2013''.
SEC. 2. ASSISTING VETERANS.
(a) Redesignation.--Section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating
subsection (i) as subsection (l).
(b) Assisting Veterans.--Section 2991 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting
after subsection (h) the following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) has served on active duty in any
branch of the Armed Forces, including the
National Guard and reserve components; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; and
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
SEC. 3. CORRECTIONAL FACILITIES.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i),
as so added by section 2, the following:
``(j) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate'
means an individual who--
``(i) is being held, detained, or
incarcerated in a correctional facility; and
``(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a mental
illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of a
correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of
the clinical, medical, and social needs of
inmates; and
``(ii) appropriate treatment and services
that address the mental health and substance
abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for
eligible inmates that, in a comprehensive
manner, coordinate health, housing, medical,
employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health
care services and substance abuse treatment
services; and
``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and
``(D) to train each employee of the correctional
facility to identify and appropriately respond to
incidents involving inmates with mental health or co-
occurring mental health and substance abuse
disorders.''.
SEC. 4. HIGH UTILIZERS.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j),
as added by section 3, the following:
``(k) Demonstration Grants Responding to High Utilizers.--
``(1) Definition.--In this subsection, the term `high
utilizer' means an individual who--
``(A) manifests obvious signs of mental illness or
has been diagnosed by a qualified mental health
professional as having a mental illness; and
``(B) consumes a significantly disproportionate
quantity of public resources, such as emergency,
housing, judicial, corrections, and law enforcement
services.
``(2) Demonstration grants responding to high utilizers.--
``(A) In general.--The Attorney General may award
not more than 6 grants per year under this subsection
to applicants for the purpose of reducing the use of
public services by high utilizers.
``(B) Use of grants.--A recipient of a grant
awarded under this subsection may use the grant--
``(i) to develop or support
multidisciplinary teams that coordinate,
implement, and administer community-based
crisis responses and long-term plans for high
utilizers;
``(ii) to provide training on how to
respond appropriately to the unique issues
involving high utilizers for public service
personnel, including criminal justice, mental
health, substance abuse, emergency room,
healthcare, law enforcement, corrections, and
housing personnel;
``(iii) to develop or support alternatives
to hospital and jail admissions for high
utilizers that provide treatment,
stabilization, and other appropriate supports
in the least restrictive, yet appropriate,
environment; or
``(iv) to develop protocols and systems
among law enforcement, mental health, substance
abuse, housing, corrections, and emergency
medical service operations to provide
coordinated assistance to high utilizers.
``(C) Report.--Not later than the last day of the
first year following the fiscal year in which a grant
is awarded under this subsection, the recipient of the
grant shall submit to the Attorney General a report
that--
``(i) measures the performance of the grant
recipient in reducing the use of public
services by high utilizers; and
``(ii) provides a model set of practices,
systems, or procedures that other jurisdictions
can adopt to reduce the use of public services
by high utilizers.''.
SEC. 5. ACADEMY TRAINING.
Section 2991(h) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for
academy curricula, law enforcement officer orientation
programs, continuing education training, and other
programs that teach law enforcement personnel how to
identify and respond to incidents involving persons
with mental health disorders or co-occurring mental
health and substance abuse disorders.''; and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
SEC. 6. EVIDENCE BASED PRACTICES.
Section 2991(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3), the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and services;
or''.
SEC. 7. SAFE COMMUNITIES.
(a) In General.--Section 2991(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended--
(1) in paragraph (7)--
(A) in the heading, by striking ``Mental illness''
and inserting ``Mental illness; mental health
disorder''; and
(B) by striking ``term `mental illness' means'' and
inserting ``terms `mental illness' and `mental health
disorder' mean''; and
(2) by striking paragraph (9) and inserting the following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--
``(i)(I) previously or currently has been
diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders;
``(II) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
``(III) in the case of a veterans treatment
court provided under subsection (i), has been
diagnosed with, or manifests obvious signs of,
mental illness or a substance abuse disorder or
co-occurring mental illness and substance abuse
disorder; and
``(ii) has been unanimously approved for
participation in a program funded under this
section by, when appropriate, the relevant--
``(I) prosecuting attorney;
``(II) defense attorney;
``(III) probation or corrections
official;
``(IV) judge; and
``(V) a representative from the
relevant mental health agency described
in subsection (b)(5)(B)(i).
``(B) Determination.--In determining whether to
designate a defendant as a preliminarily qualified
offender, the relevant prosecuting attorney, defense
attorney, probation or corrections official, judge, and
mental health or substance abuse agency representative
shall take into account--
``(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the community;
``(ii) the criminal history of the
defendant and the nature and severity of the
offense for which the defendant is charged;
``(iii) the views of any relevant victims
to the offense;
``(iv) the extent to which the defendant
would benefit from participation in the
program;
``(v) the extent to which the community
would realize cost savings because of the
defendant's participation in the program; and
``(vi) whether the defendant satisfies the
eligibility criteria for program participation
unanimously established by the relevant
prosecuting attorney, defense attorney,
probation or corrections official, judge and
mental health or substance abuse agency
representative.''.
(b) Technical and Conforming Amendment.--Section 2927(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s-
6(2)) is amended by striking ``has the meaning given that term in
section 2991(a).'' and inserting ``means an offense that--
``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person
or property of another may be used in the course of
committing the offense.''.
SEC. 8. REAUTHORIZATION OF APPROPRIATIONS.
Subsection (l) of section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in section
2(a), is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2015
through 2019.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (i) (relating to
veterans).''. | Justice and Mental Health Collaboration Act of 2013 - Amends the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 to: (1) expand the assistance provided under such Act, and (2) reauthorize appropriations for FY2015-FY2019. Authorizes the Attorney General to award grants to establish or expand: (1) veterans treatment court programs, which involve collaboration among criminal justice, veterans, and mental health and substance abuse agencies to provide qualified veterans (preliminarily qualified offenders who were discharged from the armed forces under conditions other than dishonorable) with intensive judicial supervision and case management, treatment services, alternatives to incarceration, and other appropriate services, including housing, transportation, job training, education, and assistance in obtaining benefits; (2) peer to peer services or programs to assist such veterans in obtaining treatment, recovery, stabilization, or rehabilitation; (3) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to such veterans who have been incarcerated; and (4) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and respond to incidents involving such veterans. Revises the definition of "preliminarily qualified offender" to include, in the case of a veterans treatment court program, an adult or juvenile accused of an offense who has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder. Removes a requirement that the adult or juvenile be accused of a nonviolent offense. Requires preliminarily qualified offenders to be unanimously approved for participation in a collaboration program by, when appropriate, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and representative from the relevant mental health agency. Authorizes the Attorney General to award grants to enhance the capabilities of a correctional facility to: (1) identify and screen for mentally ill inmates; (2) plan and provide assessments of the clinical, medical, and social needs of inmates and appropriate treatment and services that address mental health and substance abuse needs; (3) develop, implement, and enhance post-release transition plans that coordinate services and public benefits, the availability of mental health care and substance abuse treatment services, alternatives to solitary confinement and segregated housing, and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (4) train employees in identifying and responding to incidents involving inmates with mental health disorders or co-occurring mental health and substance abuse disorders. Authorizes the Attorney General to: (1) award not more than six grants per year to applicants for the purpose of reducing the use of public services by mentally ill individuals who consume a significantly disproportionate quantity of public resources, and (2) make grants to provide support for programs that teach law enforcement personnel how to identify and respond to incidents involving persons with such disorders. Directs the Attorney General to give priority in awarding grants for adult or juvenile collaboration programs to applications that: (1) propose interventions that have been shown by empirical evidence to reduce recidivism, and (2) use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services. | {"src": "billsum_train", "title": "Justice and Mental Health Collaboration Act of 2013"} | 3,139 | 715 | 0.66579 | 2.046293 | 0.758191 | 4.269108 | 4.555732 | 0.941083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Disparities Using Care
Models and Education Act of 2014''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The infant death rate among African-Americans is more
than double that of Whites.
(2) The death rate for all cancers is 30 percent higher for
African-Americans than for Whites; for prostate cancer, it is
more than double that for Whites.
(3) Black women have a higher death rate from breast cancer
despite having a mammography screening rate that is nearly the
same as the rate for White women.
(4) Diabetes incidence is highest among Native Americans,
at 15.9 percent, followed by 13.2 percent for African-
Americans, 12.8 percent for Hispanics, 9.0 percent for Asians,
and 7.6 percent for Whites.
(5) New cases of hepatitis and tuberculosis are higher in
Asians and Pacific Islanders living in the United States than
in Whites.
(6) Individuals in same-sex couples were more likely than
individuals in different-sex couples to report a delay in
getting necessary prescriptions.
(7) Infants born to Black women are 1.5 to 3 times more
likely to die than those born to women of other races or
ethnicities, and American Indian and Alaska Native infants die
from sudden infant death syndrome (SIDS) at nearly 2.5 times
the rate of White infants.
(8) Low-income children have higher rates of mortality
(even with the same condition), have higher rates of
disability, and are more likely to have multiple conditions.
(9) White children are half as likely as Black and Latino
children not to be in excellent or very good health.
(10) As of 2012, 38.9 percent of United States adults were
obese, with the highest rate among African-Americans at 47.9
percent, followed by Hispanics at 42.5 percent, Whites at 32.6
percent, and Asians at 10.8 percent.
(11) The risk of stroke is twice as high for African-
Americans as for Whites, and African-Americans are more likely
to die of stroke. Other ethnic minorities also have higher risk
than Whites. Overall, strokes are most prevalent in the
Southeast United States, and less so in the Northeast.
(12) African-Americans accounted for 44 percent of all
those infected with HIV, despite being only 12 percent of the
United States population.
(13) Black men who have sex with men (MSM) ages 13 to 24
had the most new infections among youth.
(14) One study found that among heterosexuals living in the
same urban community, those below the poverty line were twice
as likely to contract human immunodeficiency virus (HIV).
(15) Persons with less than a high school diploma (6.7
percent) and high school graduates (4.0 percent) were more
likely to report major depression than those with at least some
college education (2.5 percent).
(16) Only about 10 percent of physicians practice in rural
America despite the fact that nearly one-fourth of the
population lives in these areas.
(17) Rural residents are less likely to have employer-
provided health care coverage or prescription drug coverage,
and the rural poor are less likely to be covered by Medicaid
benefits than their urban counterparts.
(18) Twenty percent of nonmetropolitan counties lack mental
health services versus 5 percent of metropolitan counties.
(19) Fifteen percent of persons with disabilities report
not seeing a doctor due to cost in comparison to 6 percent of
the general population.
SEC. 3. INSTITUTE OF MEDICINE STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall enter into an arrangement
with the Institute of Medicine under which the Institute agrees to
study--
(1) the extent of health disparities in the type and
quality of preventive interventions, health services, and
outcomes in the United States;
(2) the factors that may contribute to inequities in such
disparities;
(3) existing programs and policies intended to reduce such
disparities;
(4) best practices and successful strategies in programs
that aim to reduce such disparities;
(5) priorities for successful intervention programs
targeting such disparities; and
(6) potential opportunities for expanding or replicating
such programs.
(b) Report.--The arrangement under subsection (a) shall provide for
submission by the Institute of Medicine to the Secretary and Congress,
not later than 20 months after the date of enactment of this Act, of a
report on the results of the study.
SEC. 4. GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF HEALTH
DISPARITIES REDUCTION PROGRAMS AND ACTIVITIES.
(a) Guidelines.--Not later than 90 days after the submission of the
report described in section 3(b), and taking such report into
consideration, the Secretary shall develop guidelines for entities to
develop and implement programs and activities to reduce health
disparities.
(b) Use by HHS.--The Secretary shall, where appropriate,
incorporate the use of the guidelines developed under subsection (a)
into the programs and activities of the Department of Health and Human
Services.
(c) Grants for Disparities Reduction Activities.--
(1) In general.--The Secretary may award grants to entities
for the development and implementation of programs and
activities to reduce health disparities in accordance with the
guidelines described in subparagraph (a).
(2) Applications.--To seek a grant under this subsection,
an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(3) Minimum contents.--The Secretary shall require that an
application for a grant under this subsection contains at a
minimum--
(A) a description of the population and public
health concern the program will target and an outreach
plan to ensure that the most in need populations will
benefit;
(B) a description of the strategies the entity will
use--
(i) to develop and implement its programs
and activities in accordance with the
guidelines developed under subsection (a); and
(ii) to make the interventions sustainable;
and
(C) an agreement by the entities to periodically
provide data with respect to--
(i) the population served;
(ii) improvements in reducing health
disparities; and
(iii) effectiveness of the interventions
used.
(d) Appropriations.--To carry out this section, there are
authorized to be appropriated $5,000,000 for fiscal year 2016 and such
sums as may be necessary for each of fiscal years 2017 through 2020.
SEC. 5. TESTING ALTERNATIVE PAYMENT AND DELIVERY MODELS TO REDUCE
HEALTH DISPARITIES.
(a) In General.--The Secretary acting through the Centers for
Medicare and Medicaid Innovation under section 1115A of the Social
Security Act (42 U.S.C. 1315a) shall provide for the testing of a
payment and service delivery model that includes incentives for
reducing health disparities consistent with the cost and quality
criteria otherwise applicable to the testing of models under such
section.
(b) Documentation Requirement for Model Testing.--In carrying out
subsection (a), the Secretary shall require that an application to
conduct such testing of such a model include at least--
(1) documentation of at least one health disparity targeted
for reduction;
(2) a root-cause analysis of the health disparity targeted
for reduction;
(3) identification and selection of performance targets for
such reduction;
(4) a proposal to make payments in some way contingent on a
reduction in health disparities; and
(5) a reliable method for monitoring progress in achieving
such a reduction.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``health disparity'' means significant
disparity in the overall rate of disease incidence, prevalence,
morbidity, mortality, or survival rates in a population as
compared to the health status of the general population.
(2) The term ``intervention'' means an activity taken by an
entity on behalf of individuals or populations to reduce health
disparities.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services. | Reducing Disparities Using Care Models and Education Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine to study health disparities, existing programs and policies intended to reduce disparities, and priorities for, and expansion of, programs targeting disparities. Requires the Secretary to develop guidelines for entities to develop and implement programs to reduce health disparities. Directs the Secretary to incorporate these guidelines into HHS activities. Authorizes the Secretary to award grants for programs to reduce health disparities. Requires the Innovation Center of the Centers for Medicare and Medicaid Services (CMS) to test a payment and service delivery model that includes incentives for reducing health disparities. | {"src": "billsum_train", "title": "Reducing Disparities Using Care Models and Education Act of 2014"} | 1,767 | 160 | 0.385085 | 1.01803 | 0.565366 | 3.132813 | 13.125 | 0.914063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Prohibition Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Human cloning is unsafe, immoral, and unacceptable.
(2) Federal legislation should be enacted to prohibit
anyone from attempting to conduct human cloning, whether using
Federal or non-Federal funds.
(3) To deter human cloning, any attempt to create a human
clone should be a felony subject to severe punishment.
(4) The National Academies (including the National Academy
of Sciences and the Institute of Medicine) and the National
Bioethics Advisory Commission recommended that any legislative
action undertaken to ban human cloning should be careful not to
interfere with important areas of scientific research, such as
nuclear transplantation to produce stem cells.
(5) The National Academies found that there are significant
differences between human cloning and nuclear transplantation.
Specifically, the Academies determined that, unlike human
cloning, the creation of embryonic stem cells by nuclear
transplantation does not involve implantation of an embryo in a
uterus and thus cannot produce a complete, live-born animal
(that is, a ``clone'').
(6) The National Academies found that scientific and
medical considerations that justify a ban on human cloning are
not applicable to nuclear transplantation.
(7) The National Academies concluded that nuclear
transplantation has great potential to increase the
understanding and potential treatment of various diseases and
debilitating disorders, as well as our fundamental biological
knowledge. These diseases and disorders include Lou Gehrig's
disease, Parkinson's disease, Alzheimer's disease, spinal-cord
injury, cancer, cardiovascular diseases, diabetes, rheumatoid
arthritis, and many others.
(8) The National Academies determined that nuclear
transplantation research could improve our ability to
transplant healthy tissue derived from stem cells into patients
with damaged or diseased organs. Such research could greatly
reduce the likelihood that a person's body would reject that
tissue and also help obviate the need for immunosuppressive
drugs, which often have severe and potentially life-threatening
side effects.
(9) Based on these expert conclusions and recommendations
and other evidence, nuclear transplantation is a valuable area
of research that could potentially save millions of lives and
relieve the suffering of countless others, and thus should not
be banned.
(10) The National Academies recommended that nuclear
transplantation experiments should be subject to close scrutiny
under the Federal procedures and rules concerning human-
subjects research.
(11) Given the need for additional oversight in this area,
strict ethical requirements for human subjects research,
including informed consent, safety and privacy protections, and
review by an ethics board, should be prescribed for all
research involving nuclear transplantation, whether using
Federal or non-Federal funds.
(12)(A) Biomedical research and clinical facilities engage
in and affect interstate commerce.
(B) The services provided by clinical facilities move in
interstate commerce.
(C) Patients travel regularly across State lines in order
to access clinical facilities.
(D) Biomedical research and clinical facilities engage
scientists, doctors, and others in an interstate market, and
contract for research and purchase medical and other supplies
in an interstate market.
SEC. 3. PURPOSES.
It is the purpose of this Act to prohibit human cloning and to
protect important areas of medical research, including stem cell
research.
SEC. 4. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:
``CHAPTER 16--PROHIBITION ON HUMAN CLONING
``Sec.
``301. Prohibition on human cloning.
``Sec. 301. Prohibition on human cloning
``(a) Definitions.--In this section:
``(1) Human cloning.--The term `human cloning' means
implanting or attempting to implant the product of nuclear
transplantation into a uterus or the functional equivalent of a
uterus.
``(2) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(3) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(4) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(5) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(b) Prohibitions on Human Cloning.--It shall be unlawful for any
person or other legal entity, public or private--
``(1) to conduct or attempt to conduct human cloning; or
``(2) to ship the product of nuclear transplantation in
interstate or foreign commerce for the purpose of human cloning
in the United States or elsewhere.
``(c) Protection of Research.--Nothing in this section shall be
construed to restrict practices not expressly prohibited in this
section.
``(d) Penalties.--
``(1) Criminal penalties.--Whoever intentionally violates
paragraph (1) or (2) of subsection (b) shall be fined under
this title and imprisoned not more than 10 years.
``(2) Civil penalties.--Whoever intentionally violates
paragraph (1) or (2) of subsection (b) shall be subject to a
civil penalty of $1,000,000 or three times the gross pecuniary
gain resulting from the violation, whichever is greater.
``(3) Forfeiture.--Any property, real or personal, derived
from or used to commit a violation or attempted violation of
the provisions of subsection (b), or any property traceable to
such property, shall be subject to forfeiture to the United
States in accordance with the procedures set forth in chapter
46 of title 18, United States Code.
``(e) Right of Action.--Nothing in this section shall be construed
to give any individual or person a private right of action.''.
(b) Ethical Requirements for Nuclear Transplantation Research.--
Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et
seq.) is amended by adding at the end the following:
``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH,
INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD
REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.
``(a) Definitions.--In this section:
``(1) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(2) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(3) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(4) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(b) Applicability of Federal Ethical Standards to Nuclear
Transplantation Research.--Research involving nuclear transplantation
shall be conducted in accordance with subparts A and B of part 46 of
title 45, Code of Federal Regulations (as in effect on the date of
enactment of the Human Cloning Prohibition Act of 2002).
``(c) Civil Penalties.--Whoever intentionally violates subsection
(b) shall be subject to a civil penalty in an amount that is
appropriate for the violation involved, but not more than $250,000.
``(d) Enforcement.--The Secretary of Health and Human Services
shall have the exclusive authority to enforce this section.''. | Human Cloning Prohibition Act of 2002 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; or (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning.Provides that nothing in this Act shall be construed to restrict practices not expressly prohibited.Prescribes civil and criminal penalties for violations and subjects any real or personal property derived from or used to commit a violation to forfeiture.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with certain Federal standards for the protection of human subjects. | {"src": "billsum_train", "title": "A bill to prohibit human cloning while preserving important areas of medical research, including stem cell research."} | 1,852 | 146 | 0.478611 | 1.400012 | 0.69822 | 3.709402 | 13.358974 | 0.905983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Utilization, Investment,
and Local Development Act of 2015'' or the ``BUILD Act''.
SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations
whose sole members are organizations described in
subparagraph (I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph
(I) or limited liability corporations whose sole
members are organizations described in subparagraph
(I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (9) and (10)
through (12) as paragraphs (5) through (10) and (13) through
(15), respectively;
(2) in paragraph (3)(A), by striking ``subject to
paragraphs (4) and (5)'' and inserting ``subject to paragraphs
(5) and (6)''; and
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to
an eligible entity based on the considerations under
paragraph (3)(C), to carry out inventory,
characterization, assessment, planning, or remediation
activities at 1 or more brownfield sites in a proposed
area.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant
awarded under this paragraph shall not exceed
$950,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph shall not exceed 15
percent of the funds made available for the
fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which an eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield
sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of eligible activities that will be
funded by the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant not later than the
date that is 3 years after the date on which the grant
is awarded to the eligible entity unless the
Administrator, in the discretion of the Administrator,
provides an extension.''.
SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is
amended by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, an eligible entity that is a governmental
entity may receive a grant under this paragraph for
property acquired by that governmental entity prior to
January 11, 2002, even if the governmental entity does
not qualify as a bona fide prospective purchaser (as
that term is defined in section 101(40)), so long as
the eligible entity has not caused or contributed to a
release or threatened release of a hazardous substance
at the property.''.
SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to
be remediated'' and inserting ``$500,000 for each site to be
remediated, which limit may be waived by the Administrator, but not to
exceed a total of $650,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site''.
SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii) (as redesignated by subparagraph
(C)), by striking ``Notwithstanding clause (i)(IV)''
and inserting ``Notwithstanding clause (i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may
use up to 8 percent of the amounts made
available under a grant or loan under this
subsection for administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include--
``(I) investigation and
identification of the extent of
contamination;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
Paragraph (7)(A) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended--
(1) by striking ``The Administrator may provide,'' and
inserting the following:
``(i) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term
`disadvantaged area' means an area with
an annual median household income that
is less than 80 percent of the State-
wide annual median household income, as
determined by the latest available
decennial census.
``(II) Small community.--The term
`small community' means a community
with a population of not more than
15,000 individuals, as determined by
the latest available decennial census.
``(ii) Establishment of program.--The
Administrator shall establish a program to
provide grants that provide,''; and
(2) by adding at the end the following:
``(iii) Small or disadvantaged community
recipients.--
``(I) In general.--Subject to
subclause (II), in carrying out the
program under clause (ii), the
Administrator shall use not more than
$600,000 of the amounts made available
to carry out this paragraph to provide
grants to States that receive amounts
under section 128(a) to assist small
communities, Indian tribes, rural
areas, or disadvantaged areas in
achieving the purposes described in
clause (ii).
``(II) Limitation.--Each grant
awarded under subclause (I) shall be
not more than $7,500.''.
SEC. 8. WATERFRONT BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended
by inserting after paragraph (10) (as redesignated by section 3(1)) the
following:
``(11) Waterfront brownfield sites.--
``(A) Definition of waterfront brownfield site.--In
this paragraph, the term `waterfront brownfield site'
means a brownfield site that is adjacent to a body of
water or a federally designated floodplain.
``(B) Requirements.--In providing grants under this
subsection, the Administrator shall--
``(i) take into consideration whether the
brownfield site to be served by the grant is a
waterfront brownfield site; and
``(ii) give consideration to waterfront
brownfield sites.''.
SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended
by section 8) is amended by inserting after paragraph (11) the
following:
``(12) Clean energy projects at brownfield sites.--
``(A) Definition of clean energy project.--In this
paragraph, the term `clean energy project' means--
``(i) a facility that generates renewable
electricity from wind, solar, or geothermal
energy; and
``(ii) any energy efficiency improvement
project at a facility, including combined heat
and power and district energy.
``(B) Establishment.--The Administrator shall
establish a program to provide grants--
``(i) to eligible entities to carry out
inventory, characterization, assessment,
planning, feasibility analysis, design, or
remediation activities to locate a clean energy
project at 1 or more brownfield sites; and
``(ii) to capitalize a revolving loan fund
for the purposes described in clause (i).
``(C) Maximum amount.--A grant under this paragraph
shall not exceed $500,000.''.
SEC. 10. TARGETED FUNDING FOR STATES.
Paragraph (15) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended by adding at the end the
following:
``(C) Targeted funding.--Of the amounts made
available under subparagraph (A) for a fiscal year, the
Administrator may use not more than $2,000,000 to
provide grants to States for purposes authorized under
section 128(a), subject to the condition that each
State that receives a grant under this subparagraph
shall have used at least 50 percent of the amounts made
available to that State in the previous fiscal year to
carry out assessment and remediation activities under
section 128(a).''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Brownfields Revitalization Funding.--Paragraph (15)(A) of
section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as
redesignated by section 3(1)) is amended by striking ``2006'' and
inserting ``2018''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and
inserting ``2018''.
Passed the Senate June 27, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . The expanded summary of the Senate reported version is repeated here.) Brownfields Utilization, Investment, and Local Development Act of 2015 or the BUILD Act This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to revise programs and funding regarding brownfields. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 2) The bill makes certain nonprofit organizations and community development entities eligible for brownfields revitalization funding. (Sec. 3) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 4) The brownfield site characterization and assessment grant program is revised by authorizing eligible governmental entities to receive grants for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 5) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 7) The EPA must establish a grant program that provides training, research, and technical assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. (Currently, the EPA may provide funding for this purpose.) The bill authorizes the EPA to use up to a specified amount of the funding made available for the grant program on grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas. (A small community is one with a population of no more than 15,000 individuals and a disadvantaged area has an annual median household income that is less than 80% of the state-wide annual median household income.) (Sec. 8) The EPA must give consideration to waterfront brownfield sites located adjacent to bodies of water or federally designated floodplains when providing brownfield grants. (Sec. 9) The EPA must establish a program to provide grants to: (1) carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at brownfield sites; and (2) capitalize a revolving loan fund for those purposes. A clean energy project means: (1) a facility that generates renewable electricity from wind, solar, or geothermal energy; and (2) any energy efficiency improvement project at a facility. (Sec. 11) The bill: (1) reauthorizes through FY2018 and revises brownfields revitalization funding, and (2) reauthorizes through FY2018 state and tribal response programs (programs responding to brownfields). | {"src": "billsum_train", "title": "BUILD Act"} | 2,840 | 616 | 0.451156 | 1.429253 | 0.563808 | 2.708738 | 4.664078 | 0.856311 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Newborn Screening
Saves Lives Reauthorization Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improved newborn and child screening and follow-up for
heritable disorders.
Sec. 3. Evaluating the effectiveness of newborn and child screening and
follow-up programs.
Sec. 4. Advisory Committee on Heritable Disorders in Newborns and
Children.
Sec. 5. Clearinghouse of Newborn Screening Information.
Sec. 6. Laboratory quality and surveillance.
Sec. 7. Interagency Coordinating Committee on Newborn and Child
Screening.
Sec. 8. National contingency plan for newborn screening.
Sec. 9. Hunter Kelly Research Program.
Sec. 10. Authorization of appropriations.
Sec. 11. Reports to Congress
SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOW-UP FOR
HERITABLE DISORDERS.
Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (j)'' and
inserting ``section 1117''; and
(ii) by striking ``and in consultation with
the Advisory Committee'' and inserting ``and
taking into consideration the expertise of the
Advisory Committee'';
(B) in paragraph (2), by striking ``screening and
training'' and inserting ``screening, counseling, and
training'';
(C) in paragraph (3), by striking ``and'' at the
end;
(D) in paragraph (4)--
(i) by striking ``treatment'' and inserting
``follow-up and treatment''; and
(ii) by striking the period and inserting
``; and''; and
(E) by adding at the end the following:
``(5) to improve the timely collection, delivery, receipt,
and screening of specimens, and the timely diagnosis of
heritable disorders in newborns.'';
(2) in subsection (h), by striking ``subsection (c)(2)''
each place that such appears and inserting ``subsection (c)'';
and
(3) by striking subsection (j) (relating to authorization
of appropriations).
SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND
FOLLOW-UP PROGRAMS.
Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is
amended--
(1) in the section heading, by inserting ``and follow-up''
after ``child screening'';
(2) in subsection (a), by striking ``of screening,'' and
inserting ``, including with respect to timeliness, of
screening, follow-up,'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``counseling, testing'' and
inserting ``treatment, counseling, testing,
follow-up,''; and
(ii) by inserting before the semicolon the
following: ``, including, as appropriate,
through the assessment of health and
development outcomes for such children through
adolescence'';
(B) in paragraph (2)--
(i) by striking ``counseling, testing'' and
inserting ``treatment, counseling, testing,
follow-up,''; and
(ii) by striking ``or'' at the end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) methods that may be identified to improve quality in
the diagnosis, treatment, and disease management of heritable
disorders based on gaps in services or care; or
``(5) methods or best practices by which the eligible
entities described in section 1109 can achieve the timely
collection, delivery, receipt, and screening of newborn
screening specimens, and the timely diagnosis of heritable
disorders in newborns.''; and
(4) by striking subsection (d) (relating to authorization
of appropriations).
SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND
CHILDREN.
Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3), the
following:
``(4) provide technical assistance, as appropriate, to
individuals and organizations regarding the submission of
nominations to the uniform screening panel, including prior to
the submission of such nominations;'';
(C) in paragraph (5) (as so redesignated), by
inserting ``, including the cost'' after ``public
health impact''; and
(D) in paragraph (7) (as so redesignated)--
(i) in subparagraph (A), by striking
``achieve rapid diagnosis'' and inserting
``achieve best practices in rapid diagnosis and
appropriate treatment'';
(ii) in subparagraph (D), by inserting
before the semicolon ``, including information
on cost and incidence'';
(iii) in subparagraph (J), by striking
``and'' at the end;
(iv) in subparagraph (K), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(L) the timely collection, delivery, receipt, and
screening of specimens to be tested for heritable
disorders in newborns in order to ensure rapid
diagnosis and follow-up.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``180'' and inserting
``120''; and
(ii) by adding at the end the following:
``If the Secretary is unable to make a
determination to adopt or reject such
recommendation within such 120-day period, the
Secretary shall notify the Advisory Committee
and the appropriate committees of Congress of
such determination together with an explanation
for why the Secretary was unable to comply
within such 120-day period, as well as a plan
of action for consideration of such pending
recommendations.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) by adding at the end the following:
``(3) Deadline for review.--For each nomination to the
recommended uniform screening panel, the Advisory Committee on
Heritable Disorders in Newborns and Children shall review and
vote on the nominated condition within 9 months of the date on
which the Advisory Committee referred the nomination to the
condition review workgroup.'';
(3) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Meetings.--The Advisory Committee shall meet at least 4 times
each calendar year, or as subject to the discretion of the Designated
Federal Officer in consultation with the Chair.'';
(5) in subsection (g) (as so redesignated), by striking
``Newborn Screening Saves Lives Act of 2008'' and inserting
``Newborn Screening Saves Lives Reauthorization Act of 2013'';
and
(6) by striking subsection (h) (relating to authorization
of appropriations), as redesignated by paragraph (3).
SEC. 5. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION.
Section 1112 of the Public Health Service Act (42 U.S.C. 300b-11)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3)--
(i) by striking ``data'' and inserting
``information''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) maintain current information on the number of
conditions for which screening is conducted in each State; and
``(5) disseminate available evidence-based guidelines
related to diagnosis, counseling, and treatment with respect to
conditions detected by newborn screening.'';
(2) in subsection (b)(4)(D), by striking ``Newborn
Screening Saves Lives Act of 2008'' and inserting ``Newborn
Screening Saves Lives Reauthorization Act of 2013'';
(3) in subsection (c)--
(A) by striking ``developing the clearinghouse''
and inserting ``carrying out activities''; and
(B) by striking ``clearinghouse minimizes'' and
inserting ``activities minimize''; and
(4) by striking subsection (d) (relating to authorization
of appropriations).
SEC. 6. LABORATORY QUALITY AND SURVEILLANCE.
Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12)
is amended--
(1) in the section heading, by inserting ``and
surveillance'' before the period;
(2) in subsection (a)--
(A) by striking the subsection enumerator and
heading;
(B) in the matter preceding paragraph (1), by
striking ``and in consultation with the Advisory
Committee'' and inserting ``and taking into
consideration the expertise of the Advisory
Committee'';
(C) in paragraph (1)--
(i) by inserting ``timeliness for
processing such tests,'' after ``newborn
screening tests''; and
(ii) by striking ``and'' at the end; and
(D) in paragraph (2), by striking the period and
inserting ``; and''; and
(3) by striking subsection (b) (relating to authorization
of appropriations) and inserting the following:
``(b) Surveillance Activities.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, and taking
into consideration the expertise of the Advisory Committee on Heritable
Disorders in Newborns and Children established under section 1111, may
provide, as appropriate, for the coordination of surveillance
activities, including--
``(1) through standardized data collection and reporting,
as well as the use of electronic health records; and
``(2) by promoting data sharing regarding newborn screening
with State-based birth defects and developmental disabilities
monitoring programs.''.
SEC. 7. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD
SCREENING.
Section 1114 of the Public Health Service Act (42 U.S.C. 300b-13)
is amended--
(1) in subsection (c), by striking ``the Administrator, the
Director of the Agency for Healthcare Research and Quality''
and inserting ``the Administrator of the Health Resources and
Services Administration, the Director of the Agency for
Healthcare Research and Quality, the Commissioner of Food and
Drugs,''; and
(2) by striking subsection (e) (relating to authorization
of appropriations).
SEC. 8. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING.
Section 1115(a) of the Public Health Service Act (42 U.S.C. 300b-
14(a)) is amended by adding at the end the following: ``The plan shall
be updated as needed and at least every five years.''.
SEC. 9. HUNTER KELLY RESEARCH PROGRAM.
Section 1116(a)(1) of the Public Health Service Act (42 U.S.C.
300b-15(a)(1)) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (C) as subparagraph (E);
and
(3) by inserting after subparagraph (B) the following:
``(C) by providing research findings and data for
newborn conditions under review by the Advisory
Committee on Heritable Disorders in Newborns and
Children to be added to the recommended uniform
screening panel;
``(D) conducting pilot studies on conditions
recommended by the Advisory Committee on Heritable
Disorders in Newborns and Children to ensure that
screenings are ready for nationwide implementation;
and''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Part A of title XI of the Public Health Service Act is amended by
adding at the end, the following:
``SEC. 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING
PROGRAMS AND ACTIVITIES.
``There are authorized to be appropriated--
``(1) to carry out sections 1109, 1110, 1111, and 1112,
$18,334,000 for each of fiscal years 2014 through 2018; and
``(2) to carry out section 1113, $7,500,000 for each of
fiscal years 2014 through 2018.''.
SEC. 11. REPORTS TO CONGRESS.
(a) GAO Report on Timeliness of Newborn Screening.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives
concerning the timeliness of screening for heritable disorders
in newborns.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An analysis of information regarding the
timeliness of newborn screening, which may include the
time elapsed from birth to specimen collection,
specimen collection to receipt by laboratory, specimen
receipt to reporting, reporting to follow-up testing,
and follow-up testing to confirmed diagnosis.
(B) A summary of any guidelines, recommendations,
or best practices available to States and health care
providers intended to support a timely newborn
screening system.
(C) An analysis of any barriers to maintaining a
timely newborn screening system which may exist and
recommendations for addressing such barriers.
(b) Report by Secretary.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than 1 year after the date of
enactment of the Newborn Screening Saves Lives
Reauthorization Act of 2013, submit to the Committee on
Health, Education, Labor and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report on activities related to--
(i) newborn screening; and
(ii) screening children who have or are at
risk for heritable disorders; and
(B) not less than every 2 years, shall submit to
such committees an updated version of such report.
(2) Contents.--The report submitted under this subsection
shall contain a description of--
(A) the ongoing activities under sections 1109,
1110, and 1112 through 1115 of the Public Health
Service Act; and
(B) the amounts expended on such activities.
Passed the Senate January 29, 2014.
Attest:
NANCY ERICKSON,
Secretary. | (This measure has not been amended since it was reported to the Senate on December 19, 2013. Newborn Screening Saves Lives Reauthorization Act of 2013 - (Sec. 2) Amends the Public Health Service Act to extend through FY2018 a grant program for newborn and child screening programs for heritable disorders. Includes the improvement of the timely collection, delivery, and receipts, and screening of specimens, and the timely diagnosis of heritable disorders in newborns as a permissible use of grant funds. (Sec. 3) Extends through FY2018 a demonstration program to evaluate the effectiveness of screening, follow-up, counseling or health care services in reducing the morbidity and mortality caused by heritable disorders in newborn and children. Permits the program to also evaluate and assess: (1) methods to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; and (2) methods or best practices by which states or political subdivisions of a state, territories, Indian health care facilities or programs, or any entity with appropriate expertise in newborn screening can achieve the timely collection, delivery, receipt, and screening of newborn screening specimens, and the timely diagnosis of heritable disorders in newborns. (Sec. 4) Reauthorizes through FY2018 and extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Expands the duties of the Advisory Committee to include providing technical assistance to individuals and organizations regarding the submission of nominations to the uniform screening panel. Requires the Advisory Committee to give recommendations, advice, or information to the Secretary of Health and Human Services (HHS) on the timely collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns. Revises the process for the Secretary to consider the Advisory Committee's recommendations. Requires the Advisory Committee to meet at least four times per year. (Sec. 5) Extends through FY2018 the Newborn Screening Clearinghouse of current education and family support and services information, materials, resources, research, and data on newborn screening. (Sec. 6) Extends through FY2018 a quality assurance program requiring the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to provide for quality assurance of laboratories involved in screening for heritable disorders. Authorizes the Secretary, acting through the Director, to also provide for the coordination of surveillance activities. (Sec. 7) Makes the Interagency Coordinating Committee on Newborn and Child Screening permanent. Includes the Commissioner of Food and Drugs (FDA) as a member of the Interagency Committee. (Sec. 8) Requires the national contingency plan for newborn screening to be updated at least every five years. (Sec. 9) Allows the expansion of the Hunter Kelly Newborn Screening Research Program to include: (1) providing research findings and data for newborn conditions under review by the Advisory Committee to be added to the recommended uniform screening panel, and (2) conducting pilot studies on conditions recommended by the Advisory Committee to ensure that the screenings are ready for nationwide implementation. (Sec. 11) Requires the Comptroller General to report to the relevant congressional committees on the timeliness of screening for heritable disorders in newborns. Requires the Secretary to report to the relevant congressional committees biennially on activities related to newborn screening and screening children who have or are at risk for heritable disorders. | {"src": "billsum_train", "title": "Newborn Screening Saves Lives Reauthorization Act of 2013"} | 3,441 | 784 | 0.638786 | 2.091731 | 0.782909 | 3.395963 | 4.88354 | 0.868012 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations. | Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public.
Instructs the President to report to Congress regarding agency compliance.
Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.
Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records.
Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public.
Creates two additional positions in the Panel in order to implement this Act. | {"src": "billsum_train", "title": "Human Rights Information Act"} | 3,423 | 249 | 0.517642 | 1.648657 | 0.716389 | 4.327103 | 14.948598 | 0.934579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Down the Debt Act of 2013''.
SEC. 2. DEBT STABILIZATION PROCESS.
(a) In General.--The Congressional Budget Act of 1974 is amended by
inserting after title V the following:
``TITLE VI--DEBT STABILIZATION
``SEC. 601. DEBT STABILIZATION PROCESS.
``(a) Budget Targets.--The budget target--
``(1) for fiscal year 2016 is a ratio of debt held by the
public to the estimated gross domestic product (GDP) of the
United States that is lower than the ratio in fiscal year 2015;
and
``(2) for a fiscal year after fiscal year 2016 is a ratio
of debt held by the public to the estimated gross domestic
product (GDP) of the United States that does not exceed the
ratio in the prior fiscal year.
``(b) Reports.--During January of each calendar year beginning in
2014, the Director of the Office of Management and Budget shall report
to the President and the Director of the Congressional Budget Office
shall report to Congress whether the projected debt held by the public-
to-GDP ratio will exceed the prior fiscal year's ratio in any of the
five ensuing fiscal years.
``(c) President's Budget.--If the report of the Director of the
Office of Management and Budget indicates that for any of fiscal years
2016 through 2024 the ratios set forth in subsection (a)(1) or (a)(2)
will be exceeded, then the budget submission of the President under
section 1105(a) of title 31, United States Code, for that fiscal year
shall include legislative recommendations that achieve the applicable
budget targets set forth in subsection (a).
``(d) Congressional Action.--
``(1) In general.--If the report of the Director of the
Congressional Budget Office under subsection (b) indicates that
for any of fiscal years 2016 through 2024, the ratios set forth
in subsection (a)(1) or (a)(2) will be exceeded, then the
concurrent resolution on the budget for that fiscal year shall
include stabilization instructions pursuant to section 310
directing committees of the House of Representatives and the
Senate to determine and recommend changes in laws within their
jurisdictions that achieve the budget targets set forth in
subsection (a).
``(2) Point of order.--It shall not be in order in the
House of Representatives or the Senate to consider any
concurrent resolution on the budget, or amendment thereto or
conference report thereon, that fails to include directions to
committees sufficient to achieve the budget targets set forth
in subsection (a).
``(3) Discretionary spending limits.--Any changes in the
discretionary spending limits set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985
contained in any stabilization legislation referred to in this
subsection shall not be considered to be extraneous matter for
purposes of section 313.
``(e) Enforcing Stabilization Requirement.--
``(1) In general.--If, in any calendar year in which the
debt stabilization process has been triggered under subsection
(d), Congress has not agreed to stabilization legislation and
transmitted such legislation to the President, it shall not be
in order in the House of Representatives or the Senate to
consider any bill or joint resolution, or amendment thereto or
conference report thereon, providing a net increase in
mandatory budget authority or a net decrease in revenues.
``(2) Point of order in house of representatives.--
``(A) In general.--It shall not be in order in the
House of Representatives to consider a rule or order
that waives the application of paragraph (1).
``(B) Disposition if point of order.--As
disposition of points of order under paragraph (1), the
Chair shall put the question of consideration with
respect to the proposition that is subject to the
points of order.
``(C) Debate.--A question of consideration under
this paragraph shall be debatable for ten minutes by
each Member initiating a point of order and for ten
minutes by an opponent on each point of order, but
shall otherwise be decided without intervening motion
except one that the House adjourn or that the Committee
of the Whole rise, as the case may be.
``(D) Amendments.--The disposition of the question
of consideration under this paragraph with respect to a
bill or resolution shall be considered also to
determine the question of consideration under this
paragraph with respect to an amendment made in order as
original text.
``(3) Senate.--Paragraph (1) may be waived or suspended in
the Senate only by three-fifths of the Members, duly chosen and
sworn. An affirmative vote of three-fifths of the Members, duly
chosen and sworn, shall be required in the Senate to sustain an
appeal of the ruling of the Chair on a point of order raised
under paragraph (1).
``(f) Suspension During Low Growth.--
``(1) In general.--The requirements of this title for any
fiscal year shall be suspended--
``(A) if the Secretary of the Treasury notifies the
President and each House of Congress and publishes in
the Federal Register that the estimated real gross
domestic product of the United States for the calendar
year during which such fiscal year begins would exceed
the real gross domestic product of the prior calendar
year by less than one percent; or
``(B) upon the enactment of a joint resolution
stating that the stabilization legislation would cause
or exacerbate an economic downturn.
``(2) Exception.--This subsection shall not apply to the
reporting requirements set forth in subsection (b).
``(3) End of suspension.--In the event of a suspension of
the requirements of this title under paragraph (1) or (2),
then, effective with regard to the first fiscal year beginning
at least 6 months after the notification by the Secretary of
the Treasury or the enactment of the joint resolution, as
applicable, such suspension is no longer in effect.
``SEC. 602. CONSIDERATION OF ALTERNATIVE PROPOSALS.
``(a) Introduction of Alternative Proposal.--If, in any calendar
year in which the debt stabilization process has been triggered by a
report by the Director of the Congressional Budget Office under section
601(b), Congress has not agreed to a congressional resolution on the
budget by June 15 that meets the requirements of section 601, then any
Member of the House of Representatives or the Senate may introduce a
bill to provide for changes in law sufficient to achieve the applicable
budget target set forth in section 601(a). Such bill shall have the
following long title: `To stabilize the debt pursuant to section 602 of
the Congressional Budget Act of 1974.'.
``(b) CBO Estimate.--Upon the introduction of a bill referred to in
subsection (a), the Director of the Congressional Budget Office shall
prepare and submit to the appropriate committees of the House of
Representatives and the Senate, as applicable, a cost estimate of that
bill for the time period described in section 601(b).
``(c) Expedited Consideration.--
``(1) Required cosponsorship.--Any bill introduced pursuant
to subsection (a)--
``(A) in the House of Representatives shall receive
expedited consideration pursuant to paragraph (2) if
such bill has not less than 50 cosponsors; or
``(B) in the Senate shall receive expedited
consideration pursuant to paragraph (2) if such bill
has not less than 10 cosponsors.
``(2) Consideration in the house of representatives.--
``(A) Referral and reporting.--Any committee of the
House of Representatives to which a bill produced
pursuant to paragraph (1) is referred shall report it
to the House without amendment not later than the third
legislative day after the date of its introduction. If
a committee fails to report the bill within that period
or the House has adopted a concurrent resolution
providing for adjournment sine die at the end of a
Congress, such committee shall be automatically
discharged from further consideration of the bill and
it shall be placed on the appropriate calendar.
``(B) Proceeding to consideration.--Not later than
3 legislative days after the bill referred to in
paragraph (1) is reported or a committee has been
discharged from further consideration thereof, it shall
be in order to move to proceed to consider the bill in
the House. Such a motion shall be in order only at a
time designated by the Speaker in the legislative
schedule within two legislative days after the day on
which the proponent announces an intention to the House
to offer the motion provided that such notice may not
be given until such bill is reported or a committee has
been discharged from further consideration thereof.
Such a motion shall not be in order after the House has
disposed of a motion to proceed with respect to that
special message. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the
vote by which the motion is disposed of shall not be in
order.
``(C) Consideration.--If the motion to proceed is
agreed to, the House shall immediately proceed to
consider the bill referred to in paragraph (1) in the
House without intervening motion. Such bill shall be
considered as read. All points of order against such
bill and against its consideration are waived. The
previous question shall be considered as ordered on
such bill to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent and one motion to
limit debate on the bill. A motion to reconsider the
vote on passage of such bill shall not be in order.
``(3) Consideration in the senate.--
``(A) Committee action.--The appropriate committees
of the Senate shall report without amendment the bill
referred to in paragraph (1) not later than the third
session day after introduction. If a committee fails to
report such bill within that period or the Senate has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress, the
Committee shall be automatically discharged from
further consideration of such bill and it shall be
placed on the appropriate calendar.
``(B) Motion to proceed.--Not later than 3 session
days after the bill referred to in paragraph (1) is
reported in the Senate or the committee has been
discharged thereof, it shall be in order for any
Senator to move to proceed to consider such bill in the
Senate. The motion shall be decided without debate and
the motion to reconsider shall be deemed to have been
laid on the table. Such a motion shall not be in order
after the Senate has disposed of a prior motion to
proceed with respect to such bill.
``(C) Consideration.--If a motion to proceed to the
consideration of the bill referred to in paragraph (1)
is agreed to, the Senate shall immediately proceed to
consideration of such bill without intervening motion,
order, or other business, and such bill shall remain
the unfinished business of the Senate until disposed
of. Consideration on the bill in the Senate under this
subsection, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours equally
divided in the usual form. All points of order against
such bill or its consideration are waived.
Consideration in the Senate on any debatable motion or
appeal in connection with such bill shall be limited to
not more than 1 hour. A motion to postpone, or a motion
to proceed to the consideration of other business, or a
motion to recommit such bill is not in order. A motion
to reconsider the vote by which such bill is agreed to
or disagreed to is not in order.
``(4) Amendments prohibited.--No amendment to, or motion to
strike a provision from, a bill referred to in paragraph (1)
considered under this section shall be in order in either the
Senate or the House of Representatives.
``(5) Coordination with action by other house.--If, before
passing the bill referred to in paragraph (1), one House
receives from the other a bill--
``(A) the bill of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no such bill had been received from the
other House until the vote on passage, when the bill
received from the other House shall supplant such bill
of the receiving House.
``SEC. 603. DEFINITION.
``As used in this title, the term `stabilization legislation' means
any legislation designated in the text as stabilization legislation
which the chairman of the Committee on the Budget of the House of
Representatives or the Senate certifies would reduce the deficit or
debt held by the public below the levels required by this title.''.
(b) Conforming Amendment.--The table of contents of the
Congressional Budget Act of 1974 is amended by inserting after the
items relating to title V the following:
``TITLE VI--DEBT STABILIZATION
``Sec. 601. Debt stabilization process.
``Sec. 602. Consideration of alternative proposals.
``Sec. 603. Definition.''. | Pay Down the Debt Act of 2013 - Amends the Congressional Budget Act of 1974 to establish a budget target for: (1) FY2016 that is a ratio of debt held by the public to the estimated gross domestic product (GDP) that is lower than the ratio in FY2015, and (2) a fiscal year after FY2016 that is a ratio of such debt to the GDP that does not exceed the ratio in the prior fiscal year. Requires the Director of the Office of Management and Budget (OMB) to report each year to the President and the Director of the Congressional Budget Office (CBO) to report to Congress whether the projected debt-to-GDP ratio will exceed the prior fiscal year's ratio in any of the five ensuing fiscal years. Requires the President's budget submission to Congress to include recommendations to achieve the budget targets set by this Act if the OMB report indicates that ratios of debt to GDP will be exceeded in any of FY2016-FY2024. Requires a concurrent resolution on the budget, if the CBO report indicates that for any of such fiscal years the ratios will be exceeded, to include stabilization instructions directing congressional committees to determine and recommend changes in laws within their jurisdictions that achieve the budget targets set forth in this Act. Makes it out of order in the House of Representatives or the Senate to: (1) consider any concurrent resolution on the budget that fails to include directions sufficient to achieve budget targets set by this Act, or (2) consider any legislation that provides a net increase in mandatory budget authority or a net decrease in revenues. Suspends the requirements of this Act for any fiscal year: (1) if the Secretary of the Treasury notifies the President and each chamber of Congress and publishes in the Federal Register that the estimated real GDP in a fiscal year would exceed the real GDP of the prior year by less than 1%; or (2) upon enactment of a joint resolution stating that the stabilization legislation would cause or exacerbate an economic downturn. Allows any Member of the House of Representatives or the Senate to introduce a bill to achieve the applicable budget target if Congress has not agreed to a concurrent resolution on the budget by June 15 of a calendar year in which the debt stabilization process has been triggered by a report by the Director of CBO. Requires such Director to prepare and submit to Congress a cost estimate for the bill. Provides for expedited congressional consideration of the bill if it has at least 50 cosponsors in the House of Representatives or 10 in the Senate. | {"src": "billsum_train", "title": "Pay Down the Debt Act of 2013"} | 2,910 | 561 | 0.739659 | 2.217775 | 0.812514 | 4.874743 | 5.609856 | 0.952772 |
SECTION 1. AMENDMENTS TO THE FEDERAL AVIATION ACT OF 1958.
(a) Review Process.--Title IV of the Federal Aviation Act of 1958
(49 U.S.C. App. 1371-1389) is amended by adding at the end thereof the
following new section:
``SEC. 420. REVIEW OF CERTAIN ACQUISITIONS OF VOTING SECURITIES OF AIR
CARRIERS.
``(a) General Rule.--No person shall acquire, directly or
indirectly, any voting securities of a major air carrier or person who
controls a major air carrier unless the acquiring person files
notification pursuant to the rules under subsection (d), the waiting
period described in subsection (b)(1) has expired, and the Secretary
has not disapproved such acquisition under subsection (c)--
``(1) if such acquisition is of 15 percent or more of the
voting securities of the acquired person; or
``(2) if, before such acquisition, the acquiring person
holds less than 15 percent of the voting securities of the
acquired person and, as a result of such acquisition, the
acquiring person would hold 15 percent or more of the voting
securities of the acquired person.
``(b) Waiting Period.--
``(1) General Rule.--The waiting period required under
subsection (a) shall--
``(A) begin on the date of receipt by the Secretary
of the completed notification required under this
section from the acquiring person; and
``(B) end on the 30th day after the date of such
receipt or such later date as may be set under
subsection (e)(2).
``(2) Termination.--The Secretary may, in individual cases,
terminate the waiting period specified in paragraph (1) and
allow any person to proceed with any acquisition subject to
this section and promptly shall cause to be published in the
Federal Register a notice that the Secretary does not intend to
take any action within such period with respect to such
acquisition.
``(c) Disapproval.--The Secretary shall disapprove an acquisition
of voting securities subject to this section if the Secretary finds--
``(1) that the acquistion is likely to weaken the acquired
person financially to such an extent--
``(A) that a deterioration in the ability of the
air carrier to comply with its established safety
procedures would occur;
``(B) that the air carrier would be unable to take
the steps necessary to continue to operate with the
highest degree of safety;
``(C) that the air carrier would be required to
dispose of a substantial portion of its aviation-
related assets in order to meet its financial
obligations; or
``(D) that a substantial deterioration in the air
carrier's ability to compete in providing air
transportation would result;
``(2) that the probable intent of the acquiring person is
to make a major reduction in the size of the air carrier by
disposing of aviation-related assets; except in any case in
which--
``(A) such disposition would be necessary, in the
absence of the acquisition, to avoid the financial
failure of the air carrier,
``(B) the assets to be disposed of could not be
used profitably by the air carrier, or
``(C) such disposition would be in the public
interest;
``(3) that the acquisition would result in a person who is
not a citizen of the United States having power to exercise
control over the air carrier;
``(4) that the acquisition would result in a major
reduction in wages, benefits, or number of employees of the air
carrier which is not agreed to by the employees and is required
primarily as a result of added costs arising out of the
acquisition; or
``(5) that the acquiring person is not providing, in a
timely manner, the documentary material and information
required by the Secretary to make a decision regarding the
acquisition under this section.
``(d) Form of Notification and Other Rules.--
``(1) In general.--The Secretary, by regulation--
``(A) shall require that the notification under
subsection (a) be in such form and contain such
information and documentary material relevant to a
proposed acquisition as is necessary to enable the
Secretary to determine whether such acquisition should
be disapproved under this section, and
``(B) may prescribe such other rules as may be
necessary and appropriate to carry out the purposes of
this section, including rules relating to the
submission by the air carrier of information or
documentary material described in subparagraph (A).
``(2) Deadline for issuance of regulations.--Not later than
10 days after the date of the enactment of this section, the
Secretary shall issue regulations necessary to carry out the
objectives of this section.
``(e) Extension of Waiting Period.--
``(1) Submission of additional information.--The Secretary
may, before the expiration of the 30-day waiting period
specified in subsection (b)(1), require the submission of
additional information or documentary material relevant to the
proposed acquisition, from a person required to file
notification with respect to such acquisition under subsection
(a), from the air carrier, or from any officer, director,
partner, agent, or employee of such person.
``(2) Duration.--The Secretary, in his discretion, may
extend the 30-day waiting period specified in subsection (b)(1)
for an additional period of not more than 20 days after the
later of--
``(A) the date on which the Secretary receives from
the acquiring person or any officer, director, partner,
agent, or employee of such person all of the
information and documentary material required to be
submitted pursuant to a request under paragraph (1); or
``(B) the date by which the air carrier or any
officer, director, partner, agent, or employee of the
air carrier is directed to submit information or
documentary material pursuant to a request under
paragraph (1).
``(f) Protection of Information.--Any information or documentary
material filed with the Secretary pursuant to this section shall be
exempt from disclosure under section 552 of title 5, United States
Code, and no such information or documentary material may be made
public, except as may be relevant to any administrative or judicial
action or proceeding. Nothing in this section is intended to prevent
disclosure to either House of Congress or to any duly authorized
committee or subcommittee of Congress.
``(g) Computation of Voting Securities.--For purposes of this
section, the amount or percentage of voting securities of a person
which are acquired or held by another person shall be determined by
aggregating the amount or percentage of such voting securities held or
acquired by such other person and each affiliate thereof.
``(h) Definitions.--As used in this section--
``(1) Major air carrier.--The term `major air carrier'
means an air carrier with annual revenues of more than
$750,000,000.
``(2) Voting securities.--The term `voting securities'
means any securities which at present or upon conversion
entitle the owner or holder thereof to vote for the election of
directors of the issuer or, with respect to unincorporated
issuers, persons exercising similar functions.''.
(b) Conforming Amendment.--The portion of the table of contents
contained in the first section of the Federal Aviation Act of 1958
relating to title IV of such Act is amended by adding at the end
thereof the following new item:
``Sec.420.Review of certain acquisitions of voting securities of air
carriers.''. | Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring 15 percent or more of the voting securities of a major air carrier or person who controls a major air carrier, unless such person complies with specified notification and waiting period requirements under the Act and the Secretary of Transportation has not disapproved the acquisition. Makes the same requirement for any person with less than 15 percent ownership if the acquisition would increase ownership to 15 percent or more. Requires the Secretary to disapprove an acquisition if specified findings are made. | {"src": "billsum_train", "title": "To amend the Federal Aviation Act of 1958 to provide for review of certain acquisitions of voting securities of air carriers, and for other purposes."} | 1,616 | 116 | 0.651487 | 1.822804 | 0.619268 | 3.14 | 15.63 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Militarizing Law Enforcement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency, administers such section by operating the Law
Enforcement Support Office program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to local law
enforcement agencies through the program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) The wars in Iraq and Afghanistan have led to an
increase in the transfer of military equipment to local law
enforcement agencies.
(5) According to public reports, approximately 12,000
police organizations across the country were able to procure
nearly $500,000,000 worth of excess military merchandise
including firearms, computers, helicopters, clothing, and other
products, at no charge during fiscal year 2011 alone.
(6) More than $4,000,000,000 worth of weapons and equipment
have been transferred to police organizations in all 50 states
and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on weapons transfers through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free ``military-grade'' weapons and equipment that could be
used inappropriately during policing efforts in which citizens
and taxpayers could be harmed.
(10) Pursuant to section III(J) of a Defense Logistics
Agency memorandum of understanding, property obtained through
the program must be placed into use within one year of receipt,
possibly providing an incentive for the unnecessary and
potentially dangerous use of ``military grade'' equipment by
local law enforcement.
SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counter-drug
and''; and
(B) in paragraph (2), by striking ``and the
Director of National Drug Control Policy'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(5) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property;
``(6) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(7) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense; and
``(8) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible Internet website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days.'';
(3) by striking subsection (d); and
(4) by adding at the end the following new subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all personal property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not transfer
the following personal property of the Department of Defense under this
section:
``(A) Automatic weapons not generally recognized as
particularly suitable for law enforcement purposes.
``(B) Any weapons that are .50 caliber or greater.
``(C) Tactical vehicles, including highly mobile multi-
wheeled vehicles, armored vehicles, and mine-resistant ambush-
protected vehicles.
``(D) Drones that are armored, weaponized, or both.
``(E) Aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(F) Grenades and similar explosives, including flash-bang
grenades and stun grenades, and grenade launchers.
``(G) Silencers.
``(H) Long range acoustic devices.
``(2) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The Secretary shall take such steps as may be necessary to
ensure that no item referred to in paragraph (1) is transferred under
this section from one Federal or State agency to another such agency.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(1) each Federal or State agency that has received
property under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended from the program pursuant to
paragraph (4);
``(2) with respect to each non-Federal agency that has
received property under this section, the State coordinator
responsible for each such agency has verified that the
coordinator or an agent of the coordinator has conducted an in-
person inventory of the property transferred to the agency and
that 100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
property under this section, the Secretary of Defense or an
agent of the Secretary has conducted an in-person inventory of
the property transferred to the agency and that 100 percent of
such property was accounted for during the inventory or that
the agency has been suspended from the program pursuant to
paragraph (4);
``(4) the eligibility of any agency that has received
property under this section for which 100 percent of the
equipment was not accounted for during an inventory described
in paragraph (2) or (3), as applicable, to receive property
transferred under this section has been suspended;
``(5) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(h) Website.--The Defense Logistics Agency shall maintain an
Internet website on which the following information shall be made
publicly available:
``(1) A description of each transfer made under this
section, including transfers made before and after the date of
the enactment of the Stop Militarizing Law Enforcement Act,
broken down by State, county, and recipient.
``(2) During the 30-day period preceding the date on which
any property is transferred under this section, a description
of the property to be transferred and the recipient of the
transferred items.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any transfer of property made after the date of
the enactment of this Act. | Stop Militarizing Law Enforcement Act - Amends the program under which the Secretary of Defense is authorized to transfer excess personal property of the Department of Defense (DOD) to federal and state agencies for law enforcement activities. Excludes counter-drug activities from the categories of law enforcement activities for which DOD property may be transferred under such program. Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to the DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction. Requires the Secretary to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of: automatic weapons that are not suitable for law enforcement purposes; weapons of .50 caliber or greater; tactical vehicles, including highly mobile multi-wheeled vehicles, armored vehicles, and mine-resistant ambush-protected vehicles; armored or weaponized drones; aircraft that are combat configured or combat coded, or that have no established commercial flight application; grenades and similar explosives; silencers; and long range acoustic devices. Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions. Requires the Secretary to ensure that certain items are not transferred from one federal or state agency to another such agency. Prohibits obligations or expenditures of appropriations to carry out the DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program. Requires the Defense Logistics Agency to maintain an Internet website that makes available publicly a description of: (1) each transfer broken down by state, county, and recipient; and (2) during the 30-day period preceding the date on which any property is transferred, the property to be transferred and the recipient. | {"src": "billsum_train", "title": "Stop Militarizing Law Enforcement Act"} | 2,061 | 509 | 0.56618 | 1.933681 | 0.73142 | 3.295711 | 4.634312 | 0.871332 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Emancipation to Enable
Democracies (DEED) Act of 1999''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The International Bank for Reconstruction and
Development and the International Monetary Fund (IMF) have
classified 40 countries as heavily indebted poor countries
(HIPC).
(2) According to the Department of the Treasury, as of
August 1998, these countries owe the United States a total of
$6,752,100,000 in concessional, nonconcessional, and guarantee
debt.
(3) 83 percent of these countries are classified by the
United Nations as being in its lowest category of human
development based on life expectancy, literacy, and per capita
national income.
(4) Since the early 1980's, these poor countries have had
increasing difficulty servicing their debt, resulting in the
total amount of money being owed by these countries to external
creditors to increasing from an average of $122,000,000,000 for
the 1983-1985 period to $221,000,000,000 for the 1993-1995
period.
(5) The debt overhang faced by these countries blocks
needed spending for development and discourages productive
investment.
(6) Efforts to promote good governance, accountability,
transparency, and active participation of civil society in
public decision making and discourage corruption are undermined
by diversion of resources to debt service and by the
micromanagement of economic policy by external actors which is
currently part of debt negotiations.
(7) The Jubilee 2000 campaign, an international movement in
over 40 countries supported by many prominent religious leaders
such as Pope John Paul II, is calling for the cancellation of
the external debts of the poorest countries.
SEC. 3. ELIGIBLE COUNTRIES.
In this Act, the term ``eligible country'' means a heavily indebted
poor country, as determined by the International Bank for
Reconstruction and Development and the International Monetary Fund for
purposes of the Heavily Indebted Poor Country (HIPC) Initiative, and
Haiti.
SEC. 4. CANCELLATION OF BILATERAL DEBT OWED TO THE UNITED STATES
GOVERNMENT BY HEAVILY INDEBTED POOR COUNTRIES.
(a) Cancellation of Debt.--
(1) In general.--The President shall cancel all amounts
owed to the United States (or any agency of the United States)
by any eligible country as a result of concessional and
nonconcessional loans made, guarantees issued, or credits
extended under any provision of law.
(2) Requirement to promote democracy.--Paragraph (1) shall
apply only to a country the government of which--
(A) was chosen by and permits free and fair
elections;
(B) promotes civilian control of the military and
security forces and has civilian institutions
controlling the policy, operation, and spending of all
law enforcement and security institutions, as well as
the armed forces;
(C) promotes the rule of law, equality before the
law, and respect for individual and minority rights,
including freedom to speak, publish, associate, and
organize; and
(D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as
well as autonomous institutions to monitor the conduct
of public officials and to combat corruption.
(b) Additional Requirements.--
(1) Cancellation of debt not considered to be assistance.--
A debt cancellation under this section shall not be considered
to be assistance for purposes of any provision of law limiting
assistance to a country.
(2) Inapplicability of certain prohibitions relating to
cancellation of debt.--Debt may be cancelled under this
section, notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370(r)).
SEC. 5. CONDITIONAL BAN ON PROVIDING APPROPRIATED FUNDS TO THE IMF
UNTIL DEBT OWED TO THE IMF BY HEAVILY INDEBTED POOR
COUNTRIES HAS BEEN CANCELED.
None of the funds appropriated in any Act may be obligated or made
available to the International Monetary Fund until the International
Monetary Fund--
(1) has canceled all debts owed to the International
Monetary Fund by any eligible country;
(2) has terminated the Enhanced Structural Adjustment
Facility; and
(3) the Secretary of the Treasury has certified to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that--
(A) the debts referred to in paragraph (1) have
been canceled; and
(B) the International Monetary Fund has ceased
linking loans to any eligible country to the
implementation of structural adjustment policies.
SEC. 6. ACTIVITIES OF OVERSEAS PRIVATE INVESTMENT CORPORATION IN
HEAVILY INDEBTED POOR COUNTRIES CONTINGENT ON USE OF DEBT
RELIEF FOR POVERTY REDUCTION.
(a) In General.--Title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.) is amended by inserting
after section 234A the following:
``SEC. 234B. ACTIVITIES OF CORPORATION IN CERTAIN HEAVILY INDEBTED POOR
COUNTRIES CONTINGENT ON USE OF DEBT RELIEF FOR POVERTY
REDUCTION.
``The Corporation may issue insurance, guaranties, or reinsurance,
make loans, acquire any securities, or carry out any other activity
under section 234, or enter into risk sharing arrangements authorized
by section 234A, for a heavily indebted poor country with respect to
which the United States has provided debt cancellation under section 4
of the Debt Emancipation for Emerging Democracies (DEED) Act of 1999,
or the International Monetary Fund has provided debt cancellation in
accordance with section 5 of such Act, only if the President certifies
to the Congress that the government of such country is using funds
available to the government because of such debt cancellation for
poverty reduction in the country.''.
(b) Effective Date.--Section 234B of the Foreign Assistance Act of
1961, as added by subsection (a), applies with respect to a contract or
other agreement for insurance, guaranties, or reinsurance, loans, the
acquisition of securities, or any other activity authorized under
section 234 of that Act, or for risk sharing arrangements authorized by
section 234A of that Act, entered into on or after the date of the
enactment of this Act.
SEC. 7. NOTIFICATION.
Not less than 30 days after the date of the enactment of this Act,
the Secretary of the Treasury shall provide written notice to each
eligible country that it is the policy of the United States--
(1) to cancel debts owed by the country to the United
States;
(2) to advocate at the International Monetary Fund for the
cancellation of the country's debts;
(3) that the proceeds of such debt cancellation should be
used for poverty reduction; and
(4) to deny funding to such country from the Overseas
Private Investment Corporation if the country does not use the
proceeds of such debt cancellation for poverty reduction.
SEC. 8. ENFORCEMENT.
(a) Private Enforcement.--A citizen of the United States may bring
an action in any United States district court seeking compliance by the
United States, or any department, agency, or officer of the United
States, with any provision of this Act.
(b) Appropriations Limitation.--None of the funds appropriated in
any Act may be obligated or made available to the International
Monetary Fund while any action brought under subsection (a) is pending.
(c) Effects of Finding of Arbitrary Certification by the Secretary
of the Treasury.--If, in an action brought under subsection (a), the
court finally finds that the Secretary of the Treasury acted
arbitrarily in making a certification required by this Act--
(1) the court shall award the plaintiff $100, plus
reasonable attorneys' fees and court costs; and
(2) no funds appropriated in any Act may be obligated or
made available to the International Monetary Fund until the
court subsequently finds that the Secretary has replaced the
arbitrarily made certification with a certification that is not
made arbitrarily. | (Sec. 4) Provides that cancellation of debt shall not be considered assistance for purposes of any law limiting assistance to a country.
(Sec. 5) Prohibits funds appropriated in this Act from being made available to the International Monetary Fund (IMF) until it: (1) has canceled all debts owed to the IMF by an eligible HIPC and Haiti; (2) has terminated the Enhanced Structural Adjustment Facility; and (3) the Secretary of the Treasury has certified to specified congressional committees that such debts have been canceled, and the IMF has ceased linking loans to an eligible HIPC and Haiti to implementation of structural adjustment policies.
(Sec. 6) Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation (OPIC) to issue insurance, guaranties, or reinsurance, make loans, acquire securities, or enter into risk sharing arrangements for an eligible HIPC and Haiti with respect to which the United States and the IMF have provided debt cancellation under this Act, only if the President certifies to Congress that the government of such country is using funds available because of such debt cancellation for poverty reduction in the country.
(Sec. 7) Sets forth certain notification requirements with respect to each eligible HIPC and Haiti.
(Sec. 8) Authorizes a U.S. citizen to bring an action in any U.S. district court seeking compliance by the United States with the requirements of this Act. | {"src": "billsum_train", "title": "Debt Emancipation to Enable Democracies (DEED) Act of 1999"} | 1,850 | 333 | 0.506614 | 1.701327 | 0.752082 | 4.110294 | 5.882353 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory IDEA Full Funding
Compromise Act''.
SEC. 2. AMENDMENTS TO IDEA.
(a) Funding.--Section 611(j) of the Individuals with Disabilities
Education Act (20 U.S.C. 1411(j)) is amended to read as follows:
``(j) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $13,574,398,000, or 25.2 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2005, and, there are hereby
appropriated $4,700,000,000, or 7.6 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2005, which shall become
available for obligation on July 1, 2005, and shall
remain available through September 30, 2006;
``(B) $15,746,302,000, or 28.3 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2006, and, there are hereby
appropriated $6,871,904,000, or 10.7 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2006, which shall become
available for obligation on July 1, 2006, and shall
remain available through September 30, 2007;
``(C) $17,918,205,000, or 31.2 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2007, and, there are hereby
appropriated $9,043,807,000, or 13.6 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2007, which shall become
available for obligation on July 1, 2007, and shall
remain available through September 30, 2008;
``(D) $20,090,109,000, or 28.3 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2008, and, there are hereby
appropriated $11,215,711,000, or 16.3 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2008, which shall become
available for obligation on July 1, 2008, and shall
remain available through September 30, 2009;
``(E) $22,262,307,000, or 36.4 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2009, and, there are hereby
appropriated $13,387,909,000, or 18.8 percent of the
amount determined under paragraph (2), whichever is
less, for fiscal year 2009, which shall become
available for obligation on July 1, 2009, and shall
remain available through September 30, 2010;
``(F) $25,198,603,000, or 40 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2010, and, there are hereby appropriated
$16,324,205,000, or 22.4 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2010, which shall become available for
obligation on July 1, 2010, and shall remain available
through September 30, 2011; and
``(G) 40 percent of the amount determined under
paragraph (2) for fiscal year 2011 and each subsequent
fiscal year, and, there are hereby appropriated 22.4
percent of the amount determined under paragraph (2)
for fiscal year 2011 and each subsequent fiscal year,
which shall become available for obligation (A) with
respect to fiscal year 2011, on July 1, 2011, and shall
remain available through September 30, 2012, and (B)
with respect to each subsequent fiscal year, on July 1
of that fiscal year and shall remain available through
September 30 of the succeeding fiscal year.
``(2) Amount.--The amount referred to in each of
subparagraphs (A) through (G) of paragraph (1) is the product
of--
``(A) the number of children with disabilities in
all States who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary and secondary schools in the United
States.''.
(b) Exception to the Local Maintenance of Effort Requirements.--
Section 613(a)(2)(B) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(2)(B)) is amended to read as follows:
``(B) Exception.--Notwithstanding the restriction
in subparagraph (A)(iii), a local educational agency
may reduce the level of expenditures, for 1 fiscal year
at a time, if--
``(i) the State educational agency
determines, and the Secretary agrees, that the
local educational agency is in compliance with
the requirements of this part during that
fiscal year (or, if appropriate, the preceding
fiscal year); and
``(ii) such reduction is--
``(I) attributable to the voluntary
departure, by retirement or otherwise,
or departure for just cause, of special
education personnel;
``(II) attributable to a decrease
in the enrollment of children with
disabilities;
``(III) attributable to the
termination of the obligation of the
agency, consistent with this part, to
provide a program of special education
to a particular child with a disability
that is an exceptionally costly
program, as determined by the State
educational agency, because the child--
``(aa) has left the
jurisdiction of the agency;
``(bb) has reached the age
at which the obligation of the
agency to provide a free
appropriate public education to
the child has terminated; or
``(cc) no longer needs such
program of special education;
``(IV) attributable to the
termination of costly expenditures for
long-term purchases, such as the
acquisition of equipment or the
construction of school facilities; or
``(V) equivalent to the amount of
Federal funding the local educational
agency receives under this part for a
fiscal year that exceeds the amount the
agency received under this part for the
preceding fiscal year, but only if
these reduced funds are used for any
activity that may be funded under the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).''.
(c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities
Education Act (20 U.S.C. 1413(a)(2)) is further amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (A)(iii), by striking ``paragraphs (B)
and (C)'' and inserting ``paragraph (B)''. | Mandatory IDEA Full-Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize part B programs of education of all children with disabilities. Authorizes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. (Provides phased-in increases of funding designed to reach a promised 40 percent Federal share of funding by FY 2011.) Makes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. Provides an exception to local educational agency (LEA) maintenance of effort requirements under part B.Repeals certain provisions relating to LEA treatment of Federal funds as local funds under part B. | {"src": "billsum_train", "title": "To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, to provide an exception to the local maintenance of effort requirements, and for other purposes."} | 1,507 | 156 | 0.399106 | 1.091577 | 0.721149 | 1.258333 | 11.808333 | 0.725 |
SECTION 1. EMERGENCY HAZARDOUS FUELS REDUCTION PLAN.
(a) In General.--Subject to subsection (c) and notwithstanding the
National Environmental Policy Act of 1969, the Secretaries of
Agriculture and the Interior shall conduct projects consistent with the
Implementation Plan for the 10-year Comprehensive Strategy for a
Collaborative Approach for Reducing Wildland Fire Risks to Communities
and the Environment, May 2002, developed pursuant to the Conference
Report to the Department of the Interior and Related Agencies
Appropriations Act, 2001 (House Report 106-646) to reduce hazardous
fuels within any areas of Federal land under the jurisdiction of the
Secretary of Agriculture or the Secretary of the Interior that are
outside of Congressionally designated Wilderness Areas and that the
appropriate Secretary determines qualifies as a fire risk condition
class three area. Any project carried out under this section shall be
consistent with the applicable forest plan, resource management plan,
or other applicable agency plans.
(b) Priority.--In implementing projects under this section, the
Secretaries of Agriculture and the Interior shall give highest priority
to--
(1) wildland urban interface areas;
(2) municipal watersheds;
(3) forested or rangeland areas affected by disease, insect
activity, or wind throw; or
(4) areas susceptible to a catastrophic reburn.
(c) Acreage Limitation.--
(1) In general.--Except as provided in paragraph (2), in
implementing this section, the Secretaries of Agriculture and
the Interior shall treat an aggregate area of not more than
10,000,000 acres of Federal land.
(2) Additional acres.--If the limitation in paragraph (1)
is reached, the Secretaries of Agriculture and the Interior may
treat additional acres of Federal land that qualifies as fire
risk condition class three.
(d) Process.--The Secretaries of Agriculture and the Interior shall
jointly develop--
(1) notwithstanding the Federal Advisory Committee Act, a
collaborative process with interested parties consistent with
the Implementation Plan described in subsection (a) for the
selection of projects carried out under this section consistent
with subsection (b); and
(2) in cooperation with the Secretary of Commerce,
expedited consultation procedures for threatened or endangered
species.
(e) Administrative Process.--Projects conducted under this section
shall not be subject to--
(1) administrative review by the Department of the Interior
Office of Hearings and Appeals; or
(2) the Forest Service appeals process and regulations.
(f) Judicial Review.--
(1) Review of projects.--Any application for judicial
review under this or any other law of a project selected under
this section shall--
(A) be filed in the Federal District Court for the
district in which the Federal lands are located within
60 days after legal notice of the decision to conduct a
project under this section is made to the public in a
manner as determined by the appropriate Secretary;
(B) be completed not later than 360 days from the
date such request for review is filed with the
appropriate court unless the District Court determines
that a longer time is needed; and
(C) not provide for the issuance of a temporary
restraining order or a preliminary injunction
(2) Process review.--The processes developed under
subsection (d) shall not be subject to judicial review.
(g) Relation to Other Laws.--The authorities provided to the
Secretaries of Agriculture and the Interior in this section are in
addition to the authorities provided in any other provision of law,
including section 706 of Public Law 107-206 with respect to Beaver Park
Area and the Norbeck Wildlife Preserve within the Black Hills National
Forest.
SEC. 2. STEWARDSHIP CONTRACTING.
(a) In General.--The Secretary of Agriculture or the Secretary of
the Interior may enter into stewardship contracts with private persons
or other public or private entities to perform services to achieve land
management goals for the national forests and other Federal lands.
(b) Land Management Goals.--The land management goals to be
accomplished using a contract under subsection (a) may include--
(1) road and trail maintenance or obliteration to restore
or maintain water quality;
(2) enhancement, restoration and maintenance of soil
productivity, habitat for wildlife and fisheries, or other
resource values;
(3) use of prescribed fires to improve the composition,
structure, condition, and health of forests, woodlands, and
rangelands or to improve wildlife habitat;
(4) removing vegetation or other activities to promote
healthy forest stands, woodlands, and rangelands, to reduce
fire hazards, or to achieve other land management objectives;
(5) watershed restoration and maintenance; and
(6) control of noxious and exotic weeds and reestablishing
native plant species.
(c) Contracts.--
(1) Award procedures.--
(A) Forest service.--In connection with contracts
under subsection (a), for the purposes of meeting the
requirement for selling timber or forest products at
not less than the appraised value pursuant to section
14 of the National Forest Management Act of 1976 (16
U.S.C. 472a), the Secretary of Agriculture may take
into account the value the services received from the
contractor and may consider the contractor's
performance under other public and private contracts
and the contractor's ability to meet performance
measures and outcomes consistent with the goals of
subsection (b) with respect to the contract.
(B) Department of the interior.--In connection with
contracts under subsection (a), the Secretary of the
Interior may award the contract on a best-value basis,
including consideration of the contractor's performance
under other public and private contracts and the
contractor's ability to meet performance measures and
outcomes consistent with the goals of subsection (b)
with respect to the contract.
(2) Multi-year term.--Notwithstanding any other provision
of law and subject to any such requirements as the Director of
the Office of Management and Budget may prescribe, the term of
any contract entered into under subsection (a) may exceed 5
years but may not exceed 10 years.
(3) Offsets.--
(A) In general.--The Secretary of Agriculture and
Secretary of the Interior may apply the value of the
removed timber or forest products, or other vegetative
materials, removed as an offset against the cost of
services received in connection with contracts under
subsection (a).
(B) Methods of appraisal.--The value of forest
products, other vegetative materials, or timber used as
offsets under subparagraph (A) shall, be determined --
(i) using existing agency guidelines
commensurate with the quality and quantity of
products to be removed;
(ii) through a competitive bidding process;
or
(iii) using a unit of measure appropriate
to the contracts.
(C) Excess offset value.--If the offset value of
the products exceeds the value of the resource
improvement treatments, the Secretary of Agriculture
and the Secretary of the Interior may collect any
excess offset value and apply it as provided in
subsection (d).
(d) Receipts.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior may collect monies from a contract
under subsection (a) so long as collection is secondary to the
land management goals in subsection (b).
(2) Use.--Notwithstanding any other provision of law and
subject to any such requirements as the Director of the Office
of Management and Budget may prescribe, funds described in
paragraph (1) and subsection (c)(3)(C) shall--
(A) be made available to the Secretary that
collected the funds without further appropriation and
remain available until expended;
(B) in the case of funds collected by the Secretary
of Agriculture--
(i) be used by the Secretary of Agriculture
for activities under a contract authorized by
this section; or
(ii) deposited into the Knutson-Vandenberg
Fund authorized by the Act of June 9, 1930,
commonly known as the Knutson-Vandenberg Act
(16 U.S.C. 576 et seq.); and
(C) in the case of funds collected by the Secretary
of the Interior be used by the Secretary of the
Interior for activities under a contract authorized by
this section.
(3) Relation to other laws.--The value of services received
by the Secretary of Agriculture and the Secretary of the
Interior under a contract authorized by this section and any
payments made or resources provided by the contractor or the
Secretaries under such a contract shall not be considered to be
monies received from the National Forest System or other
Federal lands under any other provision of law, including, but
not limited to--
(A) the Act of June 9, 1930, commonly known as the
Knutson-Vandenberg Act (16 U.S.C. 576 et seq.);
(B) section 3 of the Materials Act of 1947 (30
U.S.C. 603); or
(C) provisions regarding Oregon and California
Railroad and Coos Bay Wagon Road Grant Lands Trust
Lands (43 U.S.C. 1181f and 1181f-1; 43 U.S.C. 1735 and
1736a).
(e) Costs of Removal.--The Secretary of Agriculture may collect
deposits from contractors covering the costs of removal of timber or
other forest products pursuant to the Act of August 11, 1916 (16 U.S.C.
490); and the next to the last paragraph under the heading ``Forest
Service'' under the heading ``Department of Agriculture'' in the Act of
June 30, 1914 (16 U.S.C. 498); notwithstanding the fact that the timber
purchasers did not harvest the timber.
(f) Performance and Payment Guarantees Under a Service Contract.--
The Secretaries may require performance and payment bonds, in
accordance with sections 103-2 and 103-3 of part 28 of the Federal
Acquisition Regulation (48 C.F.R. Chapter 1, 28.103-2, 28.103-3), in an
amount that the contracting officer considers sufficient to protect the
government's interest in the estimated value of the products to be
removed under contract under subsection (a).
(g) Authorities.--In carrying out this section, the Secretary of
Agriculture and the Secretary of the Interior may use existing
contracting authorities and procedures or may develop by regulation new
authorities and procedures.
(h) Reporting Requirements.--To ensure accountability and a full
cost accounting of work completed under this authority, the Secretaries
shall be required to separately track the full costs of individual
contracts and the value of the forest products exchanged for such work.
The Secretaries shall report annually to the Congress on--
(1) the status of development, execution, and
administration of contracts authorized under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the full cost of projects completed under contracts
entered into under subsection (a) including a separate
accounting of--
(A) the value of services received;
(B) payments received from the sale of timber and
forest products; and
(C) the difference between the payments received
for such timber and forest products and the fair market
value for such timber and forest products.
SEC. 3. REPEAL.
Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993, Public Law 102-381 (commonly known as the
``Appeals Reform Act''; 16 U.S.C. 1612 note), is repealed.
SEC. 4. BALANCE OF SHORT-TERM AND LONG-TERM ENVIRONMENTAL HARMS.
(a) Findings.--Congress finds that--
(1) past land management practices, particularly fire
suppression, have severely altered many fire-adapted forest and
rangeland ecosystems;
(2) such severely altered ecosystems are less resilient and
more vulnerable to long-term harm by fire, drought, insects,
disease, loss of biological diversity, and by exotic or
invasive species;
(3) such degradation and replacement of native fire-adapted
forest and rangeland ecosystems causes irreparable harm to the
public interest by increasing risk to public health, safety,
property, and diminishing the biological productivity of the
land and natural resources of the Nation, including loss of
forest and rangeland resources, native species, habitat for
threatened and endangered species, recreation opportunities,
watershed protection, soils, and the economic and social values
that depend upon such resources;
(4) mechanical thinning of forests and rangeland, reduction
of natural fuels through prescribed fire, and similar land
management practices are necessary to restore the diversity and
resilience of native fire-adapted forests and rangelands; and
(5) the public interest in such restoration, including
avoiding irreparable harm to forest and rangeland ecosystems if
restorative action is not taken, typically outweighs the short-
term effects of restoration projects on the quality of the
water, air, soils, and habitat of threatened and endangered
species.
(b) Standard for Injunctive Relief.--In any action under section
703 of title 5, United States Code or any other law for writs of
prohibitory or mandatory injunction against agency action in which the
agency has found that such action is necessary to restore fire-adapted
forest or rangeland ecosystems, the reviewing court shall consider the
public interest in avoiding long-term harm to such ecosystems and shall
give deference to any agency finding, based upon information in its
administrative record, that the public interest in avoiding the short-
term effects of such action is outweighed by the public interest in
avoiding long-term harm to such ecosystems. | Directs the Secretaries of Agriculture and of the Interior to conduct projects consistent with the Implementation Plan for the 10-year Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, May 2002, developed to reduce hazardous fuels within any areas of Federal land under the jurisdiction of either Secretary that: (1) are outside of Congressionally designated Wilderness Areas; and (2) the appropriate Secretary determines qualify as a fire risk condition class three area.Permits the Secretaries to enter into stewardship contracts with private persons or other public or private entities to perform services to achieve land management goals for the national forests and other Federal lands. Allows the Secretaries to collect monies from a contract so long as collection is secondary to the land management goals the contract is supposed to accomplish.Amends the Department of the Interior and Related Agencies Appropriations Act, 1993 to repeal the Appeals Reform Act (regarding Forest Service decisionmaking and appeals reform).Provides that in any action under any law for writs of prohibitory or mandatory injunction against agency action in which the agency has found that such action is necessary to restore fire-adapted forest or rangeland ecosystems, the reviewing court shall: (1) consider the public interest in avoiding long-term harm to such ecosystems; and (2) give deference to any agency finding, based upon information in its administrative record, that the public interest in avoiding the short-term effects of such action is outweighed by the public interest in avoiding long-term harm to such ecosystems. | {"src": "billsum_train", "title": "To enhance the authorities of the Secretary of Agriculture and the Secretary of the Interior to reduce catastrophic wildfire threats to communities and the environment."} | 2,889 | 342 | 0.605748 | 1.858753 | 0.803176 | 7.243902 | 9.41115 | 0.958188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Education Foundation Act of
2000''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To establish an international fellowship program under
which--
(A) Vietnamese nationals can undertake graduate and
post-graduate level studies in the sciences (natural,
physical, and environmental), mathematics, medicine,
and technology (including information technology); and
(B) United States citizens can teach in the fields
specified in subparagraph (A) in appropriate Vietnamese
institutions.
(2) To further the process of reconciliation between the
United States and Vietnam and the building of a bilateral
relationship serving the interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Vietnam
Education Foundation established in section 4.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) United states-vietnam debt agreement.--The term
``United States-Vietnam debt agreement'' means the Agreement
Between the Government of the United States of America and the
Government of the Socialist Republic of Vietnam Regarding the
Consolidation and Rescheduling of Certain Debts Owed to,
Guaranteed by, or Insured by the United States Government and
the Agency for International Development, dated April 7, 1997.
SEC. 4. ESTABLISHMENT.
There is established the Vietnam Education Foundation as an
independent establishment of the executive branch under section 104 of
title 5, United States Code.
SEC. 5. BOARD OF DIRECTORS.
(a) In General.--The Foundation shall be subject to the supervision
and direction of the Board of Directors, which shall consist of 13
members, as follows:
(1) Two members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom
shall be appointed upon the recommendation of the Majority
Leader and one of whom shall be appointed upon the
recommendation of the Minority Leader, and who shall serve as
ex officio, nonvoting members.
(2) Two members of the Senate, appointed by the President
pro tempore, one of whom shall be appointed upon the
recommendation of the Majority Leader and one of whom shall be
appointed upon the recommendation of the Minority Leader, and
who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of Treasury.
(6) Six members to be appointed by the President from among
individuals in the nongovernmental sector who have academic
excellence or experience in the fields of concentration
specified in section 2(1)(A) or a general knowledge of Vietnam,
not less than three of whom shall be drawn from academic life.
(b) Rotation of Membership.--(1) The term of office of each member
appointed under subsection (a)(6) shall be 3 years, except that of the
members initially appointed under that subsection, two shall serve for
terms of one year, two shall serve for terms of two years, and two
shall serve for terms of three years.
(2) A member of Congress appointed under subsection (a)(1) or (2)
shall not serve as a member of the Board for more than a total of six
years.
(c) Chair.--The Board shall elect one of the members appointed
under subsection (a)(6) to serve as Chair.
(d) Meetings.--The Board shall meet upon the call of the Chair but
not less frequently than twice each year. A majority of the voting
members of the Board shall constitute a quorum.
(e) Duties.--The Board shall--
(1) select the individuals who will be eligible to serve as
Fellows; and
(2) provide overall supervision and direction of the
Foundation.
(f) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve without compensation, and
members who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Board.
SEC. 6. FELLOWSHIP PROGRAM.
(a) Award of Fellowships.--
(1) In general.--To carry out the purposes of this Act, the
Foundation shall award fellowships to--
(A) Vietnamese nationals to study at institutions
of higher education in the United States at graduate
and post-graduate levels in the following fields:
physical sciences, natural sciences, mathematics,
environmental sciences, medicine, technology, and
computer sciences; and
(B) United States citizens to teach in Vietnam in
appropriate Vietnamese institutions in the fields of
study described in subparagraph (A).
(2) Special emphasis on scientific and technical vocabulary
in english.--Fellowships awarded under paragraph (1) may
include funding for the study of scientific and technical
vocabulary in English.
(b) Criteria for Selection.--Fellowships under this Act shall be
awarded to persons who meet the minimum criteria established by the
Foundation, including the following:
(1) Vietnamese nationals.--Vietnamese candidates for
fellowships shall have basic English proficiency and must have
the ability to meet the criteria for admission into graduate or
post-graduate programs in United States institutions of higher
learning.
(2) United states citizen teachers.--American teaching
candidates shall be highly competent in their fields and be
experienced and proficient teachers.
(c) Implementation.--The Foundation may provide, directly or by
contract, for the conduct of nationwide competition for the purpose of
selecting recipients of fellowships awarded under this section.
(d) Authority To Award Fellowships on a Matching Basis.--The
Foundation may require, as a condition of the availability of funds for
the award of a fellowship under this Act, that an institution of higher
education make available funds for such fellowship on a matching basis.
(e) Fellowship Conditions.--A person awarded a fellowship under
this Act may receive payments authorized under this Act only during
such periods as the Foundation finds that the person is maintaining
satisfactory proficiency and devoting full time to study or teaching,
as appropriate, and is not engaging in gainful employment other than
employment approved by the Foundation pursuant to regulations of the
Board.
(f) Funding.--
(1) Fiscal year 2001.--
(A) Authorization of appropriations.--There are
authorized to be appropriated to the Foundation
$5,000,000 for fiscal year 2001 to carry out the
activities of the Foundation.
(B) Availability of funds.--Amounts appropriated
pursuant to subparagraph (A) are authorized to remain
available until expended.
(2) Fiscal year 2002 and subsequent fiscal years.--
Effective October 1, 2001, the Foundation shall utilize funds
transferred to the Foundation under section 7.
SEC. 7. VIETNAM DEBT REPAYMENT FUND.
(a) Establishment.--Notwithstanding any other provision of law,
there is established in the Treasury a separate account which shall be
known as the Vietnam Debt Repayment Fund (in this subsection referred
to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all payments (including interest payments) made by the
Socialist Republic of Vietnam under the United States-Vietnam debt
agreement.
(c) Availability of the Funds.--
(1) Fiscal year limitation.--Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal year 2018,
$5,000,000 of the amounts deposited into the Fund (or accrued
interest) each fiscal year shall be available to the
Foundation, without fiscal year limitation, under paragraph
(2).
(2) Disbursement of funds.--The Secretary of the Treasury,
at least on a quarterly basis, shall transfer to the Foundation
amounts allotted to the Foundation under paragraph (1) for the
purpose of carrying out its activities.
(3) Transfer of excess funds to miscellaneous receipts.--
Beginning with fiscal year 2002, and each subsequent fiscal
year through fiscal year 2018, the Secretary of the Treasury
shall withdraw from the Fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in the Fund
in excess of amounts made available to the Foundation under
paragraph (1).
(d) Annual Report.--The Board shall prepare and submit annually to
Congress statements of financial condition of the Fund, including the
beginning balance, receipts, refunds to appropriations, transfers to
the general fund, and the ending balance.
SEC. 9. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by Board.--There shall be an Executive Secretary of
the Foundation who shall be appointed by the Board without regard to
the provisions of title 5, United States Code, or any regulation
thereunder, governing appointment in the competitive service. The
Executive Director shall be the Chief Executive Officer of the
Foundation and shall carry out the functions of the Foundation subject
to the supervision and direction of the Board. The Executive Director
shall carry out such other functions consistent with the provisions of
this Act as the Board shall prescribe. The decision to employ or
terminate an Executive Director shall be made by an affirmative vote of
at least 6 of the 9 voting members of the Board.
(b) Professional Staff.--The Executive Director shall hire
Foundation staff on the basis of professional and nonpartisan
qualifications.
(c) Experts and Consultants.--The Executive Director may procure
temporary and intermittent services of experts and consultants as are
necessary to the extent authorized by section 3109 of title 5, United
States Code to carry out the purposes of the Foundation.
(d) Compensation.--The Board may fix the compensation of the
Executive Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title V, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
SEC. 9. ADMINISTRATIVE PROVISIONS.
(a) In General.--In order to carry out this title, the Foundation
may--
(1) prescribe such regulations as it considers necessary
governing the manner in which its functions shall be carried
out;
(2) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than it be
used for the purposes of the Foundation, and to use, sell, or
otherwise dispose of such property for the purpose of carrying
out its functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements, or make
grants, to carry out the provisions of this title, and enter
into such contracts or other arrangements, or make such grants,
with the concurrence of a majority of the members of the Board,
without performance or other bonds and without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Columbia; and
(6) make other necessary expenditures.
(b) Annual Report.--The Foundation shall submit to the President
and to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives an
annual report of its operations under this Act.
SEC. 10. TERMINATION.
(a) In General.--The Foundation may not award any new fellowship,
or extend any existing fellowship, after September 30, 2016.
(b) Abolishment.--Effective 120 days after the expiration of the
last fellowship in effect under this Act, the Foundation is abolished. | Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments (including interest) made by the Socialist Republic of Vietnam under the U.S.-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities. | {"src": "billsum_train", "title": "Vietnam Education Foundation Act of 2000"} | 2,578 | 70 | 0.526434 | 1.446772 | 0.608465 | 4.176471 | 48.117647 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Choice Act''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO THE HOUSE OF
REPRESENTATIVES GENERAL ELECTION TRUST FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BE USED FOR THE HOUSE
OF REPRESENTATIVES GENERAL ELECTION TRUST FUND.
``Sec. 6097. Designation by individuals.
``SEC. 6097. DESIGNATION BY INDIVIDUALS.
``(a) In General.--Every individual whose adjusted income tax
liability for the taxable year is $5 or more may designate that $5
shall be paid over to the House of Representatives General Election
Trust Fund. The first page of the return of the taxpayer, or the page
bearing the taxpayer's signature, shall include a place for designating
the Democratic Party, the Republican Party, or, as written in by the
taxpayer, any other political party as recipient of the amount
designated.
``(b) Adjusted Income Tax Liability.--For purposes of this section,
the adjusted income tax liability of an individual is the tax liability
of such individual (as determined under subsection (b) of section 6096)
for the taxable year reduced by the amount designated under section
6096 (relating to designation of income tax payments to the
Presidential Election Campaign Fund) for such taxable year.
``(c) Joint Returns.--In the case of a joint return showing an
adjusted income tax liability of $10 or more, each spouse may designate
that $5 shall be paid over to the House of Representatives General
Election Trust Fund.
``(d) Manner and Time of Designation.--Subsection (c) of section
6096 shall apply to the manner and time of the designation under this
section.''.
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation of income tax
payments to be used for the
House of Representatives
General Election Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 3. ESTABLISHMENT OF THE HOUSE OF REPRESENTATIVES GENERAL ELECTION
TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to Trust Fund Code) is amended by adding at the
end the following new section:
``SEC. 9512. HOUSE OF REPRESENTATIVES GENERAL ELECTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `House of
Representatives General Election Trust Fund', consisting of such
amounts as may be appropriated or credited to such trust fund as
provided in this section or section 9602(b).
``(b) Accounts.--The trust fund shall consist of one account for
each political party in each congressional district. The amounts
designated under section 6097 (relating to designation by individuals)
shall be deposited in the appropriate accounts and shall be paid to
certified House candidates (as defined in subsection (d)) at such time
and in such manner as the Secretary may prescribe (in consultation with
the Federal Election Commission) for the political parties and
congressional districts of residence of the individuals making the
designation.
``(c) Transfer to Fund of Amounts Designated by Individuals.--There
is hereby appropriated to the House of Representatives General Election
Trust Fund amounts equivalent to the amounts designated under section
6097.
``(d) Certified House Candidates Defined.--In this section, a
`certified House candidate' means a candidate in a general election for
the office of Representative in, or Delegate or Resident Commissioner
to, the Congress who is certified by the Federal Election Commission
under section 323 of the Federal Election Campaign Act of 1971 as
eligible to accept payments under this section.
``(e) Treatment of Amounts Remaining After Election.--Any amount
remaining in an account after all expenditures are made with respect to
an election (including any runoff election subsequent to a general
election) shall be deposited in the general fund of the Treasury.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9512. House of Representatives
General Election Trust Fund.''.
SEC. 4. REQUIREMENTS FOR HOUSE OF REPRESENTATIVES CANDIDATES WHO ACCEPT
AMOUNTS FROM HOUSE OF REPRESENTATIVES GENERAL ELECTION
TRUST FUND.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 301 et seq.) is amended by adding at the end the
following new section:
``requirements for house general election candidates who accept amounts
from house of representatives general election campaign trust fund
``Sec. 323. (a) In General.--
``(1) Certification.--The Commission shall certify that a
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress in a general election is
eligible to accept payments from the appropriate account of the
House of Representatives General Election Trust Fund under
section 9512 of the Internal Revenue Code of 1986 if the
candidate certifies the following (at such time and in such
form and manner as the Commission may require):
``(A) The candidate has received contributions
totaling not less than $60,000 (of which not more than
$1,000 may be from the personal funds of the candidate)
with respect to the election.
``(B) The candidate will not furnish (by
contribution, loan, or otherwise) more than $20,000
with respect to the election from the personal funds of
the candidate.
``(C) Subject to paragraph (2), the candidate will
not make expenditures (including funds from the House
of Representatives General Election Trust Fund) with
respect to the election totaling more than $600,000.
``(2) Waiver of expenditure limits for certain
candidates.--The Commission shall waive the application of
paragraph (1)(C) to a candidate if the candidate's opponent in
the general election--
``(A) is not certified with respect to the election
under this section; and
``(B) has accepted contributions with respect to
the election totaling not less than $100,000 or has
made expenditures with respect to the election totaling
not less than $100,000.
``(b) Enforcement.--
``(1) Audit of reports.--The Commission may audit campaign
reports submitted under this Act to assure compliance with the
requirements of this section.
``(2) Penalty for excess expenditures.--In the case of a
violation of the expenditure limit provided under subsection
(a)(1)(C), the Commission shall impose a civil penalty in an
amount equal to not less than the amount of the excess
expenditure and not more than four times the amount of the
excess expenditure, except that, in the case of an inadvertent
violation, the Commission shall impose a civil penalty in an
amount equal to the amount of the excess expenditure.
``(c) Coordination With Secretary of the Treasury.--The Commission
shall transmit to the Secretary of the Treasury the names of candidates
certified under this section, together with such other information as
may be required to enable the Secretary to carry out section 9512 of
the Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by this section shall apply
to elections occurring after December 31, 1996.
SEC. 5. LIMITATION ON CERTAIN LOANS BY HOUSE OF REPRESENTATIVES GENERAL
ELECTION CANDIDATES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 301 et seq.), as amended by section 4, is further
amended by adding at the end the following new section:
``limitation on certain loans by house of representatives general
election candidates
``Sec. 324. A general election candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress may not make loans totaling more than $50,000 to any campaign
committee of the candidate with respect to the election.''.
(b) Effective Date.--The amendment made by this section shall apply
to elections occurring after December 31, 1996. | Citizens' Choice Act - Amends the Internal Revenue Code to: (1) allow an individual to designate five dollars for payment to the House of Representatives General Election Trust Fund (the Fund); (2) permit the individual to direct such payment to any political party; and (3) establish such Fund in the Treasury.
Amends the Federal Election Campaign Act of 1971 to: (1) set forth requirements for House of Representatives candidates who accept amounts from such Fund; and (2) prohibit any House of Representatives candidate from making loans totaling more than $50,000 to any campaign committee of the candidate. | {"src": "billsum_train", "title": "Citizens' Choice Act"} | 1,969 | 117 | 0.470826 | 1.206904 | 0.560128 | 3.347107 | 14.14876 | 0.867769 |
That this Act may be
cited as the ``National Topsoil Preservation Act of 1993''.
Sec. 2. The Congress finds and declares that--
(1) topsoil is a valuable, unique, and peculiar natural
resource upon which future generations will be dependent and
that while ownership of land in the United States, both
privately and under the control of government agencies,
provides those in control with certain rights, it also carries
with it a responsibility not to destroy the topsoil or so
intermingle or bury it that it will not be easily and
economically accessible for use at a later date;
(2) in order to promote the general welfare and to protect
the natural resources of the Nation for both present and future
generations, it is necessary in the use and management of the
Nation's land resources to provide minimum standards which
incorporate environmental, ecological, social, esthetic,
economic, conservation, and other factors and prevent the
destruction of topsoil and unnecessary interruption of plant
reproduction and soil-building processes; and
(3) failure to establish minimum standards for the use of
land which will protect against the loss of topsoil in and of
itself causes those using inadequate standards to move to areas
where destructive practices are permitted and therefore such
failure to establish such minimum standards affect and is a
burden upon commerce among the States.
Sec. 3. Each project or activity which is carried out on Federal
land (including lands under the jurisdiction of the Secretary of the
Interior), for which any direct or indirect Federal assistance is
provided, or which is carried out by the Secretary of the Interior or
any other agency or instrumentality of the United States, and which
involves the moving or covering of topsoil in changing an area of land
from its natural state shall be subject to this Act. Such projects and
activities shall hereinafter in this Act be referred to as
``projects''.
Sec. 4. (a) There is hereby established a National Land Resources
Protection Commission, hereinafter in this Act referred to as ``the
Commission'', which shall be composed of the Secretary of the Interior
and four other members. The President shall designate the Secretary of
the Interior as Chairman of the Commission.
(b) Members of the Commission shall be appointed by the President,
by and with the advice and consent of the Senate, for terms of four
years beginning July 1 of the year following each Presidential
election. Vacancies on the Commission shall be filled in the same
manner as original appointments but only for the unexpired term and any
member of the Commission may be removed by the President at any time.
Each member shall receive compensation at the rate of $67,500 per
annum.
(c) The Commission is authorized, subject to the civil service and
classification laws, to select, appoint, employ, and fix the
compensation of such officers and employees as are necessary to carry
out the provisions of this Act and to prescribe their authority and
duties.
(d) The Commission shall hold such meetings, conduct such hearings,
and establish such rules and regulations in accordance with chapter 5,
title 5, United States Code, relating to administrative procedure, as
may be reasonably necessary to enable it to carry out the provisions of
this Act.
(e) The Commission may delegate responsibilities hereunder within
any particular State to a commission or commissions within that State
under terms and conditions assuring that at least the Federal minimum
standards established under the provisions of this Act will be adhered
to in such State. In each State where responsibilities have been
delegated hereunder, the Commission shall exercise a continuing
oversight to assure that the purposes of this Act are being constantly
carried out and the Commission is also authorized to cancel such
delegation of authority at any time.
(f) The Commission or any member may administer oaths or
affirmations or take evidence; and may by a majority vote subpoena and
compel the attendance of witnesses or the production of materials.
Sec. 5. (a) The Commission shall establish minimum standards for
all projects which assure that a minimum of twelve inches of topsoil or
such lesser amount of topsoil as may exist shall be stockpiled from
those areas of each project where the shape or contour of the land is
changed or where the land is covered. Such topsoil shall not be
intermingled with other materials or buried so that it will not be
easily and economically accessible for use at a later date; and, to the
extent it is sufficient or adequate to do so, such topsoil shall be
used to form a top layer of uniform depth and a minimum of twelve
inches deep on all areas of the completed project where soil will be
exposed to natural elements. Any excess topsoil from such stockpile
which is not so used or needed to cover such exposed areas to a depth
of twelve inches or more shall be stockpiled permanently in a place
where it will improve plant production or be easily and economically
accessible for use at a later date.
(b) Where sufficient subsoil which is nontoxic to plantlife will
not otherwise be available on the exposed areas of a completed project
and to the extent available from the project, the Commission shall
require the separate stockpiling and replacement in a sublayer of
sufficient quantities of appropriate soil to provide such a nontoxic
layer of subsoil as if necessary for the production of such plantlife
as is normally considered environmentally, ecologically, esthetically,
and economically acceptable to the area.
(c) The overriding objective of this section is to require that the
areas of a completed project where the earth is normally exposed shall
be left in at least substantially as good a condition to sustain
vegetation as existed prior to the beginning of the project and to
protect against the destruction of the productive capacity of existing
topsoil which has currently been exposed to the elements or used to
sustain plantlife; and the Commission shall establish rules and
regulations and provide interpretations consistent with such objective.
(d) For the purposes of this Act, the term ``topsoil'' shall mean
the surface layer of soil, commonly known as the A-horizon, which
contains organic and mineral matter in such quantities as are needed to
provide the fertility necessary for the production of vegetation.
Sec. 6. The Commission shall establish minimum standards to assure
that projects covered by this Act will not cause pollution of existing
streams, land slides, flooding or substantially change the volume of
water to be carried by natural waterways on land adjoining the
immediate construction area except where such change is consistent with
an approved State or Federal water resource policy or law.
Sec. 7. No soil shall be moved on any project where the moving or
covering of topsoil covers an area in excess of one hundred thousand
square feet until a license or letter of approval to do so has been
issued by the Commission or by a commission to whom authority has been
delegated under section 4(e) of this Act. A letter of approval from the
director of the appropriate State soil conservation service shall be
deemed sufficient for purposes of the preceding sentence with regard to
any agricultural lands being restructured for the purpose of increased
productivity, soil conservancy, water conservancy, or reduction of air
or water pollution.
Sec. 8. On all projects where the Commission deems it necessary to
assure the fulfillment of the purposes of this Act, the Commission may
require prior to the beginning of any moving of earth, the submission
of a plan prepared by a professional engineer or surveyor. Where
appropriate, aerial photographs showing details in sufficient contour
to the satisfaction of the Commission or a United States Department of
the Interior Geological Survey topographic map may be substituted to
show the area in its current state. Such plan may require the showing
of boundaries of the area of land affected and the elevation involved,
drainage plans below, above, and away from the area of land affected
both before and after construction, the topography of the land involved
and its relationship to adjoining property, the direct flow of the
water and its relationship to natural waterways, a definite and
detailed plan in accordance with section 5 herein for removing and
stockpiling and replacing the soil from the land in separate layers and
a segregated state so as to assure that it will be kept and replaced in
a usable condition for sustaining vegetation, and such other
information as the Commission deems necessary to assure that the
particular project will not violate the minimum standards established
under this Act. The Commission may also require the posting of such
bond or deposit of cash or securities as it deems necessary to assure
that such standards will be met prior to completion of the project and
within a reasonable time during the completion of various stages of the
project.
Sec. 9. The Commission shall submit a report to the Congress by
July 31 of each year setting forth the activities of the Commission and
shall also submit to the Congress such other reports as may be
requested by committees of the Congress established by either the
United States Senate or the United States House of Representatives.
Sec. 10. There is authorized to be appropriated not more than
$6,000,000 annually for the administration of this Act for each fiscal
year commencing after September 30, 1993.
compliance with budget act
Sec. 11. No authority under this Act to enter into contracts or to
make payments shall be effective except to the extent and in such
amounts as provided in advance in appropriations Acts. Any provision of
this Act which, directly or indirectly, authorizes the enactment of new
budget authority shall be effective only for fiscal years beginning
after September 30, 1993. | National Topsoil Preservation Act of 1993 - Establishes a National Land Resources Protection Commission which shall establish standards for stockpiling and replacing topsoil on lands where federally assisted projects are carried out.
Directs the Commission to establish minimum standards to assure that projects will not pollute existing streams, cause landslides or flooding, or substantially change the water volume carried by the natural waterways adjoining the immediate construction area.
Authorizes the Commission to require a plan, a compliance bond for a project prior to any earth moving, or both.
Requires the Commission to report annually to the Congress.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Topsoil Preservation Act of 1993"} | 1,993 | 143 | 0.54872 | 1.55801 | 0.68809 | 2.080357 | 17.455357 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Minimum Payment Warning
Act of 2005''.
SEC. 2. ENHANCED CONSUMER DISCLOSURES REGARDING MINIMUM PAYMENTS.
Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is
amended by adding at the end the following:
``(11)(A) Information regarding repayment of the
outstanding balance of the consumer under the account,
appearing in conspicuous type on the front of the first page of
each such billing statement, and accompanied by an appropriate
explanation, containing--
``(i) the words `Minimum Payment Warning: Making
only the minimum payment will increase the amount of
interest that you pay and the time it will take to
repay your outstanding balance.';
``(ii) the number of years and months (rounded to
the nearest month) that it would take for the consumer
to pay the entire amount of that balance, if the
consumer pays only the required minimum monthly
payments;
``(iii) the total cost to the consumer, shown as
the sum of all principal and interest payments, and a
breakdown of the total costs in interest and principal,
of paying that balance in full if the consumer pays
only the required minimum monthly payments, and if no
further advances are made;
``(iv) the monthly payment amount that would be
required for the consumer to eliminate the outstanding
balance in 36 months if no further advances are made;
and
``(v) a toll-free telephone number at which the
consumer may receive information about accessing credit
counseling and debt management services.
``(B)(i) Subject to clause (ii), in making the disclosures
under subparagraph (A) the creditor shall apply the interest
rate in effect on the date on which the disclosure is made.
``(ii) If the interest rate in effect on the date on which
the disclosure is made is a temporary rate that will change
under a contractual provision specifying a subsequent interest
rate or applying an index or formula for subsequent interest
rate adjustment, the creditor shall apply the interest rate in
effect on the date on which the disclosure is made for as long
as that interest rate will apply under that contractual
provision, and then shall apply the adjusted interest rate, as
specified in the contract. If the contract applies a formula
that uses an index that varies over time, the value of such
index on the date on which the disclosure is made shall be used
in the application of the formula.''.
SEC. 3. ACCESS TO CREDIT COUNSELING AND DEBT MANAGEMENT INFORMATION.
(a) Guidelines Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Board of Governors of the Federal
Reserve System and the Federal Trade Commission (in this
section referred to as the ``Board'' and the ``Commission'',
respectively) shall jointly, by rule, regulation, or order,
issue guidelines for the establishment and maintenance by
creditors of a toll-free telephone number for purposes of the
disclosures required under section 127(b)(11) of the Truth in
Lending Act, as added by this Act.
(2) Approved agencies.--Guidelines issued under this
subsection shall ensure that referrals provided by the toll-
free number include only those agencies approved by the Board
and the Commission as meeting the criteria under this section.
(b) Criteria.--The Board and the Commission shall only approve a
nonprofit budget and credit counseling agency for purposes of this
section that--
(1) demonstrates that it will provide qualified counselors,
maintain adequate provision for safekeeping and payment of
client funds, provide adequate counseling with respect to
client credit problems, and deal responsibly and effectively
with other matters relating to the quality, effectiveness, and
financial security of the services it provides;
(2) at a minimum--
(A) is registered as a nonprofit entity under
section 501(c) of the Internal Revenue Code of 1986;
(B) has a board of directors, the majority of the
members of which--
(i) are not employed by such agency; and
(ii) will not directly or indirectly
benefit financially from the outcome of the
counseling services provided by such agency;
(C) if a fee is charged for counseling services,
charges a reasonable and fair fee, and provides
services without regard to ability to pay the fee;
(D) provides for safekeeping and payment of client
funds, including an annual audit of the trust accounts
and appropriate employee bonding;
(E) provides full disclosures to clients, including
funding sources, counselor qualifications, possible
impact on credit reports, any costs of such program
that will be paid by the client, and how such costs
will be paid;
(F) provides adequate counseling with respect to
the credit problems of the client, including an
analysis of the current financial condition of the
client, factors that caused such financial condition,
and how such client can develop a plan to respond to
the problems without incurring negative amortization of
debt;
(G) provides trained counselors who--
(i) receive no commissions or bonuses based
on the outcome of the counseling services
provided;
(ii) have adequate experience; and
(iii) have been adequately trained to
provide counseling services to individuals in
financial difficulty, including the matters
described in subparagraph (F);
(H) demonstrates adequate experience and background
in providing credit counseling;
(I) has adequate financial resources to provide
continuing support services for budgeting plans over
the life of any repayment plan; and
(J) is accredited by an independent, nationally
recognized accrediting organization. | Credit Card Minimum Payment Warning Act of 2005 - Amends the Truth in Lending Act to include among the mandatory disclosures at each billing cycle of open end consumer credit plans: (1) the words "Minimum Payment Warning: Making only the minimum payment will increase the amount of interest that you pay and the time it will take to repay your outstanding balance;" (2) the number of years and months it would take the consumer to pay the entire amount of the balance if the consumer pays only the required minimum monthly payments; (3) the total cost to the consumer, as well as a breakdown in principal and interest payments, of paying that balance in full if the consumer pays only the required minimum monthly payments, and if no further advances are made; (4) the monthly payment amount that would be required to eliminate the outstanding balance in 36 months if no further advances are made; and (5) a toll-free telephone number for information about accessing credit counseling and debt management services.
Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to issue jointly guidelines for creditors to establish and maintain a toll-free telephone number for such disclosures. | {"src": "billsum_train", "title": "A bill to require enhanced disclosure to consumers regarding the consequences of making only minimum required payments in the repayment of credit card debt, and for other purposes."} | 1,233 | 243 | 0.646889 | 2.214807 | 0.760988 | 5.47619 | 5.103896 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Surprise Billing Act of 2015''.
SEC. 2. PREVENTING SURPRISE BILLING PRACTICES.
(a) Condition of Participation in Medicare.--Section 1866 of the
Social Security Act (42 U.S.C. 1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking at the end the
period and inserting ``, and''; and
(C) by inserting after such subparagraph (Y) the
following new subparagraph:
``(Z) in the case of a hospital or critical access
hospital, to adopt and enforce a policy to ensure
compliance with the requirements of paragraphs (1) and
(4) of subsection (l) and to meet the requirements of
such paragraphs (relating to the prevention of surprise
billing practices).''; and
(2) by adding at the end the following new subsection:
``(l) Requirement for Purposes of Preventing Surprise Billing.--
``(1) In general.--For purposes of subsection (a)(1)(Z),
the requirements described in this paragraph are, with respect
to a hospital or critical access hospital, in the case of an
individual with health benefits coverage, including benefits
under a group health plan or health insurance coverage offered
in the group or individual market (as such terms are defined in
section 2791 of the Public Health Service Act) or under this
title, title XIX, title XXI, or another government-sponsored
health plan or program, who seeks to be furnished items or
services or is to be furnished items or services by the
hospital or critical access hospital (including by a provider
of services or supplier that furnishes items or services at the
hospital or critical access hospital), that the hospital or
critical access hospital--
``(A)(i) provides to the individual (or to a
representative of the individual), on the date on which
the individual makes an appointment to be furnished
such items or services, if applicable, and on the date
on which the individual is furnished such items and
services, a written notice specified by the Secretary
through rulemaking that--
``(I) contains the information required
under paragraph (2); and
``(II) is signed and dated by the
individual; and
``(ii) retains a copy of each such notice for a
period specified through rulemaking by the Secretary;
and
``(B) in the case that such hospital or critical
access hospital (or provider of services or supplier
furnishing services at such hospital or critical access
hospital) is not within the health care provider
network or otherwise a participating provider of
services or supplier with respect to such health
benefits coverage of such individual, obtains from the
individual the consent described in paragraph (3).
``(2) Information included in notice.--The notice described
in paragraph (1)(A) shall include, with respect to an
individual with health benefits coverage described in paragraph
(1) who seeks to be furnished items or services or is to be
furnished items or services by a hospital or critical access
hospital (including by a provider of services or supplier that
furnishes items or services at the hospital or critical access
hospital), a notification of each of the following:
``(A) Whether the hospital or critical access
hospital is not within the health care provider network
or otherwise a participating provider of services or
supplier with respect to such health benefits coverage
of such individual.
``(B) If the hospital or critical access hospital
is not within such network or otherwise such a
participating provider or supplier, the estimated
amount that the hospital or critical access hospital
will charge the individual for such items and services
in excess of any cost sharing obligations that the
individual would otherwise have under such health
benefits coverage for such items and services if the
hospital or critical access hospital were within such
network or otherwise participating in such coverage.
``(C) Whether any of the providers of services or
suppliers furnishing items or services at the hospital
or critical access hospital who will furnish the items
or services to the individual are not within the health
care provider network or otherwise a participating
provider of services or supplier with respect to such
health benefits coverage of such individual.
``(D) If any of such providers of services or
suppliers are not within such network or otherwise such
a participating provider or supplier, the estimated
amount that such providers of services or suppliers
will charge the individual for such items and services
in excess of any cost sharing obligations that the
individual would otherwise have for such items and
services if the providers of services or suppliers were
within the such network or otherwise participating in
such coverage.
``(3) Consent described.--For purposes of paragraph (1)(B),
the consent described in this paragraph, with respect to an
individual with health benefits coverage described in paragraph
(1) who is to be furnished items or services by a hospital or
critical access hospital (or provider of services or supplier
furnishing services at such hospital or critical access
hospital) that is not within the health care provider network
or otherwise a participating provider of services or supplier
with respect to such health benefits coverage of such
individual, is a document specified by the Secretary through
rulemaking that is signed by the individual (or by a
representative of the individual) not less than 24 hours prior
to the individual being furnished such items or services by
such hospital, critical access hospital, provider of services,
or supplier, respectively, and that--
``(A) acknowledges that the individual has been--
``(i) provided with a written estimate of
the charge that the individual will be assessed
for the items or services anticipated to be
furnished to the individual by the hospital,
critical access hospital, provider of services,
or supplier that is not within such network or
otherwise such a participating provider of
services or supplier; and
``(ii) informed that the payment of such
charge by the individual will not accrue toward
any limitation that the health benefits
coverage places upon the annual out-of-pocket
expenses to be paid by the individual or upon
the in-network deductible to be paid by the
individual; and
``(B) documents the consent of the individual to--
``(i) be furnished with such items or
services by such hospital, critical access
hospital, provider of services, or supplier, as
applicable; and
``(ii) in the case that the individual is
so furnished such items or services, be charged
an amount approximate to the estimated charge
described in subparagraph (A)(i) with respect
to such items or services.
``(4) Limitations on payment by individual.--For purposes
of subsection (a)(1)(Z), the requirements under this paragraph
are the following:
``(A) In case of noncompliance by hospitals and
critical access hospitals.--In the case of an
individual with health benefits coverage described in
paragraph (1) who is furnished items or services by a
hospital or critical access hospital (or provider of
services or supplier furnishing services at such
hospital or critical access hospital) that is not
within the health care provider network or otherwise a
participating provider of services or supplier with
respect to such health benefits coverage of such
individual, if the hospital or critical access hospital
does not comply with the requirements of paragraph (1)
with respect to the furnishing of such items or
services to such individual, the hospital or critical
access hospital (or, as applicable, the provider of
services or supplier furnishing such items or services
to such individual) may not charge the individual more
than the amount that the individual would have been
required to pay in cost sharing if such items or
services had been furnished by a hospital or critical
access hospital, as applicable (or by a provider of
services or supplier, as applicable) that is within
such network or that is otherwise such a participating
provider of services or supplier.
``(B) In case of same-day emergency services.--In
the case of an individual with health benefits coverage
described in paragraph (1) who is furnished items or
services by a hospital or critical access hospital (or
provider of services or supplier furnishing services at
such hospital or critical access hospital) that is not
within the health care provider network or otherwise a
participating provider of services or supplier with
respect to such health benefits coverage of such
individual on the same date on which the individual
makes an appointment for such items or services (or
otherwise presents at the hospital or critical access
hospital for such services such as in the case of items
and services furnished with respect to an emergency
medical condition, as defined in section 1867(e)), the
hospital or critical access hospital (or, as
applicable, the provider of services or supplier
furnishing such items or services to such individual)
may not charge the individual more than the amount that
the individual would have been required to pay in cost
sharing if such items or services had been furnished by
a hospital or critical access hospital, as applicable
(or by a provider of services or supplier, as
applicable) that is within such network or that is
otherwise such a participating provider of services or
supplier.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to agreements under section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) that are filed with the Secretary
of Health and Human Services on a date that is not less than 12 months
after the date of the enactment of this Act. | End Surprise Billing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require a critical access hospital or other hospital to comply, as a condition of participation in Medicare, with certain requirements related to billing for out-of-network services. With respect to an individual who has health benefits coverage and is seeking services, a hospital must provide notice as to: (1) whether the hospital, or any of the providers furnishing services to the individual at the hospital, is not within the health care provider network or otherwise a participating provider with respect to the individual's health care coverage; and (2) if so, the estimated out-of-pocket costs of the services to the individual. At least 24 hours prior to providing those services, the hospital must document that the individual: (1) has been provided with the required notice, and (2) consents to be furnished with the services and charged an amount approximate to the estimate provided. Otherwise, the hospital may not charge the individual more than the individual would have been required to pay if the services had been furnished by an in-network or participating provider. With respect to such an individual who is seeking same-day emergency services, a hospital may not charge more than the individual would be required to pay for such services furnished by an in-network or participating provider. | {"src": "billsum_train", "title": "End Surprise Billing Act of 2015"} | 2,025 | 281 | 0.598918 | 1.804731 | 0.775008 | 2.91791 | 7.559701 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Child Victims Act of
2016''.
SEC. 2. RESTITUTION IN THE CASE OF TRAFFICKING IN CHILD PORNOGRAPHY
CONVICTIONS.
(a) Restitution in the Case of Trafficking in Child Pornography
Convictions.--Section 2259(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``The order'' and inserting
``Except as provided in paragraph (2), the order''; and
(B) by striking ``as determined by the court
pursuant to paragraph (2)'' after ``of the victim's
losses'';
(2) by inserting after paragraph (1) the following:
``(2) Restitution for trafficking in child pornography
convictions.--In the case of a conviction for trafficking in
child pornography, the order of restitution under this section
shall direct the defendant to pay the victim (through the
appropriate court mechanism) an amount of restitution
determined by the court as follows:
``(A) Full amount of victim's losses determined.--
The court shall first determine the full amount of the
victim's losses that were incurred or reasonably
projected to be incurred by the victim as a result of
the trafficking in child pornography on or after the
date of the conduct constituting the offense.
``(B) Termination of payment.--A victim's total
aggregate recovery pursuant to this section shall not
exceed the full amount of the victim's proven losses.
After the victim has received restitution in the full
amount of the victim's losses as measured by the
greatest amount of such losses found, in any case
involving that victim that has resulted in a final
restitution under this section, the liability of each
defendant who is or has been ordered to pay restitution
for such losses to that victim shall be terminated. The
court may direct the victim to provide information
concerning the amount of restitution the victim has
been paid in other cases for the same losses.'';
(3) by striking paragraph (3); and
(4) by redesignating paragraph (2) as paragraph (3).
(b) Additional Definitions.--Section 2259(c) of title 18, United
States Code, is amended--
(1) in the heading, to read as follows: ``Definitions'';
(2) by striking ``For purposes'' and inserting the
following:
``(1) Victim.--For purposes'';
(3) by striking ``under this chapter, including, in the
case'' and inserting ``under this chapter. In the case'';
(4) by inserting after ``or any other person appointed as
suitable by the court,'' the following: ``may assume the crime
victim's rights under this section,''; and
(5) by adding at the end the following:
``(2) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in child
pornography' means conduct proscribed by section 2251(d),
section 2252, paragraphs (1) though (5) of section 2252A(a),
section 2252A(g) (in cases in which the series of felony
violations exclusively involves violations of section 2251(d),
2252, 2252A(a)(1)-(5), or 2260(b)), or section 2260(b).
``(3) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means conduct proscribed by subsections (a) through
(c) of section 2251, section 2252A(g) (in cases in which the
series of felony violations involves at least one violation of
such subsections), or section 2260(a).
``(4) Full amount of the victim's losses.--For purposes of
this section, the term `full amount of the victim's losses'
includes any costs incurred, or reasonably projected to be
incurred in the future, by the victim, as a proximate result of
the offense of conviction or, in the case of a trafficking in
child pornography conviction, as a proximate result of all
trafficking in child pornography offenses involving the same
victim, including--
``(A) medical services relating to physical,
psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary housing,
and child care expenses;
``(D) lost income;
``(E) attorneys' fees, as well as other costs
incurred; and
``(F) any other relevant losses incurred by the
victim.''.
(c) Fixed Compensation.--Section 2259 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Choice To Receive Fixed Compensation.--
``(1) Fixed compensation made available at victim's
election.--
``(A) Election to receive compensation.--A victim
of trafficking in child pornography may opt to receive
fixed compensation from the Child Pornography Victims'
Fund. The court must first make a finding that the
claimant is a victim of trafficking in child
pornography. Upon such a finding and a determination by
the victim to receive fixed compensation, the court
shall order payment in accordance with subparagraph (B)
to the victim from the Child Pornography Victims' Fund.
``(B) Amount of compensation.--The amount of
compensation payable is equal to--
``(i) for calendar year 1st effective year,
$35,000; and
``(ii) for each calendar year thereafter,
$35,000 multiplied by the ratio (not less than
1) of--
``(I) the Consumer Price Index for
all Urban Consumer (CPI-U, as published
by the Bureau of Labor Statistics of
the Department of Labor) for the
calendar year preceding such calendar
year, to
``(II) the CPI-U for calendar year
2 years prior to effective year.
``(2) Limitations on fixed compensation.--A victim may only
obtain fixed compensation once. Obtaining fixed compensation
shall not bar or limit the victim from receiving restitution
against any defendant for any offenses other than trafficking
in child pornography. A victim who receives fixed compensation
from the Child Pornography Victims' Fund may subsequently seek
restitution under this section in trafficking in child
pornography cases. However, when determining the amount of
restitution, the court shall deduct the amount the victim
received in fixed compensation from the full amount of the
victim's losses and shall exclude losses incurred prior to the
payment of fixed compensation.
``(3) Acceptance of restitution to make victim ineligible
for fixed compensation.--A victim who has collected payment of
restitution pursuant to this section in an amount greater than
the amount provided for under paragraph (1)(B) in a trafficking
in child pornography case shall be ineligible to receive fixed
compensation.
``(4) Attorney's fees.--
``(A) In general.--An attorney may not charge,
receive, or collect, and the court may not approve, any
payment of fees and costs that in the aggregate exceeds
25 percent of any payment made under this section.
``(B) Penalty.--Any attorney who violates paragraph
(1) shall be fined under this title or imprisoned for
not more than 1 year, or both.''.
(d) Clerical Amendment.--Section 1593(b)(3) of title 18, United
States Code, is amended by striking ``section 2259(b)(3)'' and
inserting ``section 2259(c)(4)''.
SEC. 3. ASSESSMENTS IN CHILD PORNOGRAPHY CASES.
(a) Assessments in Child Pornography Cases.--Chapter 110 of title
18, United States Code, is amended by inserting after section 2259 the
following:
``Sec. 2259A. Assessments in trafficking in child pornography cases
``(a) In General.--In addition to any other criminal penalty,
restitution, or special assessment authorized by law, the court shall
assess--
``(1) not more than $17,000 on any person convicted of an
offense under sections 2252(a)(4) or 2252A(a)(5);
``(2) not more than $35,000 on any person convicted of any
other offense for trafficking in child pornography; and
``(3) not more than $50,000 on any person convicted of a
child pornography production offense.
``(b) Annual Adjustment.--The dollar amounts in subsection (a)
shall be adjusted annually in conformity with the Consumer Price Index.
``(c) Factors Considered.--In determining the amount of the
assessment under subsection (a), the court shall consider the factors
set forth in sections 3553(a) and 3572.
``(d) Imposition and Implementation.--
``(1) In general.--The provisions of subchapter C of
chapter 227 (other than section 3571) and subchapter B of
chapter 229 (relating to fines) apply to assessments under this
section, except that paragraph (2) applies in lieu of any
contrary provisions of law relating to fines or disbursement of
money received from a defendant.
``(2) Effect on other penalties.--Imposition of an
assessment under this section does not relieve a defendant of,
or entitle a defendant to reduce the amount of any other
penalty by the amount of the assessment. Any money received
from a defendant shall be disbursed so that each of the
following obligations is paid in full in the following
sequence:
``(A) A special assessment under section 3013.
``(B) Restitution to victims of any child
pornography production offense that the defendant
committed.
``(C) An assessment under this section.
``(D) Other orders under section 2259 or any other
section of this title.
``(E) All other fines, penalties, costs, and other
payments required under the sentence.
``Sec. 2259B. Establishment of fund
``(a) Establishment.--There is established in the general fund of
the Treasury a separate account to be known as the `Child Pornography
Victim's Fund' (hereinafter in this section referred to as the `Fund').
``(b) Deposits in Fund.--Notwithstanding any other provision of
law, there shall be deposited in the Fund all assessments collected
under section 2259A and any gifts, bequests, or donations to the Fund
from private entities or individuals.
``(c) Retention of Sums in Fund; Availability for Expenditure
Without Fiscal Year Limitation.--Sums deposited in the Fund shall
remain in the Fund and be available for expenditure without fiscal year
limitation.
``(d) Availability for Compensation Payments.--Amounts in the Fund
shall be available for payment of compensation pursuant to section
2259(d). If at any time the Fund has insufficient funds to make all of
the payments ordered under section 2259(d), the Fund shall make such
payments as it can satisfy in full with the available funds. In
determining the order in which such payments shall be made, the Fund
shall make payments based on the date they were ordered, with the
earliest-ordered payments made first. Sums shall be eligible to be
disbursed from the Fund beginning on the date that is 6 months after
the date of enactment of this title.
``(e) Administration.--The Attorney General shall administer the
Child Pornography Victim's Fund and shall issue guidelines and
regulations to implement this section.
``(f) Sense of Congress.--It is the intent of Congress that
individuals who violate this Chapter before this legislation is
enacted, but who are sentenced after this legislation is enacted, shall
be subject to the statutory scheme that was in effect at the time the
offenses were committed.''
(b) Clerical Amendment.--The table of sections for chapter of title
18, United States Code, is amended by inserting after the item
pertaining to section 2259 the following:
``Sec. 2259A. Assessments in trafficking in child pornography cases.
``Sec. 2259B. Establishment of fund.''.
SEC. 4. ALLOCATION OF AMOUNTS IN THE CRIME VICTIMS FUND.
Section 1402(d)(3)(A) of chapter XIV of title II of Public Law 98-
473 (42 U.S.C. 10601(d)(3)(A)) is amended to read as follows:
``(A) Of the sums remaining in the Fund--
``(i) in any particular fiscal year after
compliance with paragraph (2), such sums as may
be necessary shall be available only for--
``(I) the United States Attorneys
Offices and the Federal Bureau of
Investigation to provide and improve
services for the benefit of crime
victims in the Federal criminal justice
system (as described in section 3771 of
title 18 and section 503 of the Crime
Control Act of 1990) through victim
coordinators, victims' specialists, and
advocates, including for the
administrative support of victim
coordinators and advocates providing
such services; and
``(II) a Victim Notification
System; and
``(ii) in fiscal year 2017, $5,000,000
shall be transferred to the Child Pornography
Victims Fund established under section 2259B of
title 18, United States Code.''.
SEC. 5. CLERICAL AMENDMENTS.
(a) Expansion of Civil Remedies for Satisfaction of an Unpaid
Fine.--Section 3613(c) of title 18, United States Code, is amended by
inserting after ``pursuant to the provisions of subchapter C of chapter
227 of this title,'' the following: ``an assessment imposed pursuant to
section 2259A of this title,''.
(b) Clarification of Interstate or Foreign Commerce Provision
Regarding Certain Activities Pertaining to Child Pornography.--Section
2252A of title 18, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``using any means or facility of
interstate or foreign commerce'' before ``shipped or
transported'' and inserting ``has been''; and
(B) by inserting after ``child pornography'' the
following: ``using any means or facility of interstate
or foreign commerce or''; and
(2) in subsection (a)(2)(B)--
(A) by striking ``using any means or facility of
interstate or foreign commerce'' before ``shipped or
transported'' and inserting ``has been''; and
(B) by inserting after ``child pornography'' the
following: ``using any means or facility of interstate
or foreign commerce or''.
(c) Clarification of the Definition of ``Sexually Explicit
Conduct''.--Section 2256(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A)(v)--
(A) by inserting ``anus,'' before ``genitals''; and
(B) by inserting a comma after ``genitals''; and
(2) in subparagraph (B)(iii)--
(A) by inserting ``anus,'' before ``genitals''; and
(B) by inserting a comma after ``genitals''.
(d) Clarification of the Extent of the Offense of Coercion and
Enticement of a Minor.--Section 3559(e)(2)(A) of title18, United States
Code, is amended by striking ``into prostitution''.
SEC. 6. REPORT ON IMPLEMENTATION.
Not later than 18 months after the date of enactment of this Act,
the Attorney General shall submit to Congress a report on the progress,
if any, of the Department of Justice in obtaining restitution for
victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260
of title 18, United States Code. | Justice for Child Victims Act of 2016 This bill amends the federal criminal code to modify procedures for the payment of restitution and monetary assessments by defendants in certain child pornography cases. The bill also establishes a Child Pornography Victim's Fund. | {"src": "billsum_train", "title": "Justice for Child Victims Act of 2016"} | 3,689 | 67 | 0.519888 | 1.235663 | 0.388935 | 2.418605 | 73.651163 | 0.790698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Real Property Disposal Pilot
Program and Management Improvement Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY
Sec. 101. Federal Real Property Disposal Pilot Program.
TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL
PROPERTY
Sec. 201. Improvements to Federal real property management.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definition of underutilized real property.
TITLE I--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY
SEC. 101. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Requirement for pilot program
``(a) In General.--The Federal Real Property Council shall conduct
a pilot program, to be known as the `Federal Real Property Disposal
Pilot Program', under which excess property, surplus property, or
underutilized real property shall be disposed of in accordance with
this subchapter.
``Sec. 622. Selection of real properties
``The Federal Real Property Council shall select at least 10 real
properties per year owned by executive agencies for participation in
the pilot program.
``Sec. 623. Expedited disposal requirements
``(a) Requirement to Conduct Expedited Disposals.--
``(1) In general.--Under the pilot program, the Federal
Real Property Council shall direct executive agencies to
conduct expedited disposals of the real properties selected
pursuant to section 622 of this title.
``(2) Expedited disposal defined.--For purposes of the
pilot program, an expedited disposal of a real property is a
sale of real property for cash that is conducted pursuant to
the requirements of section 545 of this title and that is not
subject to--
``(A) sections 550 and 553 of this title; or
``(B) section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411).
``(b) Fair Market Value.--A real property may be sold under the
pilot program only if the Federal Government receives not less than 90
percent of the fair market value for the sale, determined in accordance
with a method identified by the Council.
``(c) Monetary Proceeds; Prohibition on Transactions Other Than
Sales for Cash.--A real property may be sold under the pilot program
only if the property will generate monetary proceeds to the Federal
Government. A disposal of real property under the pilot program may not
include any exchange, trade, transfer, acquisition of like-kind
property, or other non-cash transaction as part of the disposal.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals
``(a) Distribution Requirements.--With respect to the disposal of a
real property under the pilot program, the monetary proceeds from the
disposal shall be distributed as follows:
``(1) 80 percent shall be deposited into the Treasury as
miscellaneous receipts.
``(2) 10 percent shall be deposited into an account in the
Treasury for use for any program or purpose previously
authorized by law by any executive agency determined by the
Federal Real Property Council to be affected by the disposal,
to remain available until expended without further
appropriation or authorization.
``(3) 5 percent shall be deposited into an account in the
Treasury for use by the Federal Real Property Council to
disburse to local taxing jurisdictions affected by the
disposal. Funds not disbursed within 90 days after the disposal
of the property shall be deposited into the Treasury as
miscellaneous receipts.
``(4) 5 percent shall be deposited into an account in the
Treasury for use by the Federal Real Property Council for such
purposes as the Council considers appropriate, including for
further study and other costs associated with the disposition
of real properties.
``(b) Limitation.--Proceeds from the disposal of a real property
under the pilot program shall not be subject to subchapter IV of this
chapter.
``Sec. 625. Administrative provisions
``(a) Use of Agency Funds for Costs of Disposals.--Subject to
subsection (b), an executive agency may use any amounts otherwise
available to the agency for paying the costs to the agency of disposing
of real property under the pilot program, including the costs of any of
the following:
``(1) Site remediation, restoration, or other environmental
services.
``(2) Relocation of affected tenants and other occupants.
``(3) Advertising and marketing.
``(4) Community outreach.
``(5) Surveying.
``(6) Appraisal.
``(7) Brokerage.
``(8) Historic preservation services.
``(9) Title insurance.
``(10) Due diligence.
``(11) Document notarization and recording services.
``(12) Prepayment of up to one year's assessed property
taxes.
``(13) Any other costs, whether direct or indirect,
associated with the sale of the property.
``(b) Limitation on Amount Used for Costs of Disposals.--With
respect to the disposal of a real property by an executive agency, the
agency may not use amounts, as authorized under subsection (a), for
costs associated with the disposal of the property in any amount
exceeding 25 percent of the fair market value of the property.
``Sec. 626. Termination of pilot program
``The Federal Real Property Disposal Pilot Program shall terminate
5 years after the date of the enactment of this subchapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--expedited disposal of real property
``Sec. 621. Requirement for pilot program.
``Sec. 622. Selection of real properties.
``Sec. 623. Expedited disposal requirements.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals.
``Sec. 625. Administrative provisions.
``Sec. 626. Termination of pilot program.''.
TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL
PROPERTY
SEC. 201. IMPROVEMENTS TO FEDERAL REAL PROPERTY MANAGEMENT.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER VIII--PROPERTY MANAGEMENT GENERALLY
``Sec. 631. Senior Real Property Officers
``(a) Establishment of Agency Senior Real Property Officer.--The
head of each agency listed in paragraphs (1) and (2) of section 901(b)
of title 31 shall designate among their senior management officials a
Senior Real Property Officer. Such officer shall have the education,
training, and experience required to administer the necessary functions
of the position for the agency concerned.
``(b) Agency Asset Management Plan Responsibilities.--The Senior
Real Property Officer of an agency shall develop and implement an
agency asset management planning process that meets the form, content,
and other requirements established by the Federal Real Property Council
established under section 632 of this title. The initial agency asset
management plan shall be submitted to the Office of Management and
Budget on a date determined by the Director of the Office of Management
and Budget. In developing the plan, the Senior Real Property Officer
shall--
``(1) identify and categorize all real property owned,
leased, or otherwise managed by the agency, including, where
applicable, those properties outside the United States in which
the lease agreements and arrangements reflect the host country
currency or involve alternative lease plans or rental
agreements;
``(2) identify and pursue goals, with appropriate
deadlines, consistent with and supportive of the agency's asset
management plan and measure progress against such goals; and
``(3) identify any other information and pursue any other
actions necessary to the appropriate development and
implementation of the agency asset management plan.
``(c) Monitoring of Assets.--The Senior Real Property Officer of an
agency shall be responsible, on an ongoing basis, for monitoring the
real property assets of the agency so that agency assets are managed in
a manner that is--
``(1) consistent with, and supportive of, the goals and
objectives set forth in the agency's overall strategic plan
under section 306 of title 5;
``(2) consistent with the real property asset management
principles developed by the Federal Real Property Council
established under section 632 of this title; and
``(3) reflected in the agency asset management plan.
``(d) Provision of Information.--The Senior Real Property Officer
of an agency shall, on an annual basis, provide to the Director of the
Office of Management and Budget and the Administrator of General
Services the following:
``(1) Information that lists and describes real property
assets under the jurisdiction, custody, or control of that
agency, except for classified information.
``(2) Any other relevant information the Director of the
Office of Management and Budget or the Administrator of General
Services may request for inclusion in the inventory database
established under section 634 of this title.
``Sec. 632. Federal Real Property Council
``(a) Establishment of Council.--There shall be a Federal Real
Property Council, within the Office of Management and Budget for
administrative purposes, to develop guidance for, and facilitate the
success of, each agency's asset management plan. The Council shall be
composed exclusively of all agency Senior Real Property Officers, the
Controller of the Office of Management and Budget, the Administrator of
General Services, and any other full-time or permanent part-time
Federal officials or employees as deemed necessary by the Chairman of
the Council. The Deputy Director for Management of the Office of
Management and Budget shall also be a member and shall chair the
Council. The Office of Management and Budget shall provide funding and
administrative support for the Council, as appropriate.
``(b) Agency Asset Management Plans.--
``(1) In general.--The Council shall provide guidance to
the Senior Real Property Officers in the development and
implementation of the agency asset management plans.
``(2) Performance measures.-- The Council shall work with
the Administrator of General Services to establish appropriate
performance measures to determine the effectiveness of Federal
real property management. Such performance measures shall
include, but are not limited to, evaluating the costs and
benefits involved with disposing of Federal real properties at
particular agencies. Specifically, the Council shall consider,
as appropriate, the following performance measures:
``(A) The cost and time required to dispose of
Federal real property assets and the financial recovery
of the Federal investment resulting from the disposal.
``(B) Changes in the amounts of vacant Federal
space.
``(C) The enhancement of executive agency
productivity through an improved working environment.
``(3) Design of performance measures.--The performance
measures shall be designed to enable the heads of executive
agencies to track progress in the achievement of Government-
wide property management objectives, as well as allow for
comparing the performance of executive agencies against
industry and other public sector agencies.
``(c) Best Practices Clearinghouse.--The Council shall serve as a
clearinghouse for executive agencies for best practices in evaluating
actual progress in the implementation of real property enhancements.
The Council shall also work in conjunction with the President's
Management Council to assist the efforts of the Senior Real Property
Officials and the implementation of agency asset management plans.
``(d) Fund.--The Council may use amounts in the fund referred to in
section 624(4) of this title for such purposes as the Council considers
appropriate for carrying out its responsibilities.
``(e) Meetings.--The Council shall hold meetings not less often
than once a quarter each fiscal year.
``Sec. 633. Inventory database
``(a) Database.--The Administrator of General Services (in this
section referred to as the `Administrator'), in consultation with the
Federal Real Property Council, shall establish and maintain a single,
comprehensive, and descriptive database of all real property under the
custody and control of all executive agencies, other than real property
excluded for reasons of national security. The Administrator shall
collect from each executive branch agency such descriptive information,
except for classified information, as the Administrator considers will
best describe the nature, use, and extent of the real property holdings
of the Federal Government.
``(b) Standards.--The Administrator, in consultation with the
Council, may establish data and other information technology standards
for use by executive agencies in developing or upgrading executive
agency real property information systems in order to facilitate
reporting on a uniform basis. Those agencies with particular
information technology standards and systems in place and in use shall
be allowed to continue with such use to the extent that they are
compatible with the standards issued by the Administrator.
``(c) Jurisdiction of Administrator.--Except for the purpose of
maintaining the database required under this section, nothing in this
section authorizes the Administrator to assume jurisdiction over the
acquisition, management, or disposal of real property not subject to
this chapter.
``(d) List of Underutilized Federal Real Properties.--
``(1) Requirement.--The head of each executive agency
shall--
``(A) identify all underutilized properties under
the custody and control of that agency; and
``(B) submit a list describing the underutilized
properties to the Federal Real Property Council.
``(2) Contents of list.--The list submitted under paragraph
(1)(B) shall include information about the location, nature,
and use of the property, and may be included in the database
required under this section.
``(3) Use of list.--Each executive agency shall use the
list submitted for the agency under this subsection to help in
determining whether a property is excess property under this
chapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 626, as added by title I,
the following:
``subchapter viii--property management generally
``Sec. 631. Senior Real Property Officers.
``Sec. 632. Federal Real Property Council.
``Sec. 633. Inventory database.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITION OF UNDERUTILIZED REAL PROPERTY.
Section 102 of title 40, United States Code, is amended by adding
at the end the following new paragraph:
``(11) The term `underutilized real property' means real
property under the control of a Federal agency, with or without
improvements, that meets 1 or more of the following criteria:
``(A) The property is occupied by 10 or fewer
employees of the Federal Government or a contractor of
the Federal Government.
``(B) 50 percent or less of the building space is
occupied by the executive agency.
``(C) The property has improvements that occupy 25
percent or less of the land.
``(D) The property is unutilized, meaning it is
vacant or not occupied for current program purposes.''. | Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005 - Requires the Federal Real Property Council (established by this Act) to conduct a Federal Real Property Disposal Pilot Program under which excess property, surplus property, or underutilized real property shall be disposed of in accordance with this Act.
Requires specified agencies to develop and implement an agency asset management planning process.
Requires the Federal Real Property Council to develop guidance for, and facilitate the success of, each agency's asset management plan.
Provides for the Federal Real Property Council to serve as a clearinghouse for executive agencies for best practices in evaluating progress in the implementation of real property enhancements.
Directs the Administrator of General Services to establish a database of all real property under the custody and control of all executive agencies, other than real property excluded for national security reasons.
Directs the heads of executive agencies to identify all underutilized properties under that agency's custody and control and submit a list describing the underutilized properties to the Federal Real Property Council. | {"src": "billsum_train", "title": "To amend title 40, United States Code, to require the Federal Real Property Council to carry out a pilot program for the expeditious disposal of underutilized Federal real property, and to improve the economy and efficiency of Federal real property."} | 3,545 | 226 | 0.625758 | 1.716662 | 0.891229 | 6.041026 | 16.605128 | 0.964103 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Trademark Dilution
Revision Act of 2006''.
(b) References.--Any reference in this Act to the Trademark Act of
1946 shall be a reference to the Act entitled ``An Act to provide for
the registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 2. DILUTION BY BLURRING; DILUTION BY TARNISHMENT.
Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Dilution by Blurring; Dilution by Tarnishment.--
``(1) Injunctive relief.--Subject to the principles of equity,
the owner of a famous mark that is distinctive, inherently or
through acquired distinctiveness, shall be entitled to an
injunction against another person who, at any time after the
owner's mark has become famous, commences use of a mark or trade
name in commerce that is likely to cause dilution by blurring or
dilution by tarnishment of the famous mark, regardless of the
presence or absence of actual or likely confusion, of competition,
or of actual economic injury.
``(2) Definitions.--(A) For purposes of paragraph (1), a mark
is famous if it is widely recognized by the general consuming
public of the United States as a designation of source of the goods
or services of the mark's owner. In determining whether a mark
possesses the requisite degree of recognition, the court may
consider all relevant factors, including the following:
``(i) The duration, extent, and geographic reach of
advertising and publicity of the mark, whether advertised or
publicized by the owner or third parties.
``(ii) The amount, volume, and geographic extent of sales
of goods or services offered under the mark.
``(iii) The extent of actual recognition of the mark.
``(iv) Whether the mark was registered under the Act of
March 3, 1881, or the Act of February 20, 1905, or on the
principal register.
``(B) For purposes of paragraph (1), `dilution by blurring' is
association arising from the similarity between a mark or trade
name and a famous mark that impairs the distinctiveness of the
famous mark. In determining whether a mark or trade name is likely
to cause dilution by blurring, the court may consider all relevant
factors, including the following:
``(i) The degree of similarity between the mark or trade
name and the famous mark.
``(ii) The degree of inherent or acquired distinctiveness
of the famous mark.
``(iii) The extent to which the owner of the famous mark is
engaging in substantially exclusive use of the mark.
``(iv) The degree of recognition of the famous mark.
``(v) Whether the user of the mark or trade name intended
to create an association with the famous mark.
``(vi) Any actual association between the mark or trade
name and the famous mark.
``(C) For purposes of paragraph (1), `dilution by tarnishment'
is association arising from the similarity between a mark or trade
name and a famous mark that harms the reputation of the famous
mark.
``(3) Exclusions.--The following shall not be actionable as
dilution by blurring or dilution by tarnishment under this
subsection:
``(A) Any fair use, including a nominative or descriptive
fair use, or facilitation of such fair use, of a famous mark by
another person other than as a designation of source for the
person's own goods or services, including use in connection
with--
``(i) advertising or promotion that permits consumers
to compare goods or services; or
``(ii) identifying and parodying, criticizing, or
commenting upon the famous mark owner or the goods or
services of the famous mark owner.
``(B) All forms of news reporting and news commentary.
``(C) Any noncommercial use of a mark.
``(4) Burden of proof.--In a civil action for trade dress
dilution under this Act for trade dress not registered on the
principal register, the person who asserts trade dress protection
has the burden of proving that--
``(A) the claimed trade dress, taken as a whole, is not
functional and is famous; and
``(B) if the claimed trade dress includes any mark or marks
registered on the principal register, the unregistered matter,
taken as a whole, is famous separate and apart from any fame of
such registered marks.
``(5) Additional remedies.--In an action brought under this
subsection, the owner of the famous mark shall be entitled to
injunctive relief as set forth in section 34. The owner of the
famous mark shall also be entitled to the remedies set forth in
sections 35(a) and 36, subject to the discretion of the court and
the principles of equity if--
``(A) the mark or trade name that is likely to cause
dilution by blurring or dilution by tarnishment was first used
in commerce by the person against whom the injunction is sought
after the date of enactment of the Trademark Dilution Revision
Act of 2006; and
``(B) in a claim arising under this subsection--
``(i) by reason of dilution by blurring, the person
against whom the injunction is sought willfully intended to
trade on the recognition of the famous mark; or
``(ii) by reason of dilution by tarnishment, the person
against whom the injunction is sought willfully intended to
harm the reputation of the famous mark.
``(6) Ownership of valid registration a complete bar to
action.--The ownership by a person of a valid registration under
the Act of March 3, 1881, or the Act of February 20, 1905, or on
the principal register under this Act shall be a complete bar to an
action against that person, with respect to that mark, that--
``(A)(i) is brought by another person under the common law
or a statute of a State; and
``(ii) seeks to prevent dilution by blurring or dilution by
tarnishment; or
``(B) asserts any claim of actual or likely damage or harm
to the distinctiveness or reputation of a mark, label, or form
of advertisement.
``(7) Savings clause.--Nothing in this subsection shall be
construed to impair, modify, or supersede the applicability of the
patent laws of the United States.''; and
(2) in subsection (d)(1)(B)(i)(IX), by striking ``(c)(1) of
section 43'' and inserting ``(c)''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Marks Registrable on the Principal Register.--Section 2(f) of
the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended--
(1) by striking the last two sentences; and
(2) by adding at the end the following: ``A mark which would be
likely to cause dilution by blurring or dilution by tarnishment
under section 43(c), may be refused registration only pursuant to a
proceeding brought under section 13. A registration for a mark
which would be likely to cause dilution by blurring or dilution by
tarnishment under section 43(c), may be canceled pursuant to a
proceeding brought under either section 14 or section 24.''.
(b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15
U.S.C. 1063(a)) is amended in the first sentence by striking ``as a
result of dilution'' and inserting ``the registration of any mark which
would be likely to cause dilution by blurring or dilution by
tarnishment''.
(c) Cancellation.--Section 14 of the Trademark Act of 1946 (15
U.S.C. 1064) is amended, in the matter preceding paragraph (1) by
striking ``, including as a result of dilution under section 43(c),''
and inserting ``, including as a result of a likelihood of dilution by
blurring or dilution by tarnishment under section 43(c),''.
(d) Marks for the Supplemental Register.--The second sentence of
section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to
read as follows:
``Whenever any person believes that such person is or will be damaged
by the registration of a mark on the supplemental register--
``(1) for which the effective filing date is after the date on
which such person's mark became famous and which would be likely to
cause dilution by blurring or dilution by tarnishment under section
43(c); or
``(2) on grounds other than dilution by blurring or dilution by
tarnishment, such person may at any time, upon payment of the
prescribed fee and the filing of a petition stating the ground
therefor, apply to the Director to cancel such registration.''.
(e) Definitions.--Section 45 of the Trademark Act of 1946 (15
U.S.C. 1127) is amended by striking the definition relating to the term
``dilution''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Trademark Dilution Revision Act of 2006 - Amends the Trademark Act of 1946 to revise provisions relating to trademark dilution.
Entitles an owner of a famous mark that is distinctive to an injunction against another person who commences use of a mark of trade name, after it has become famous, in commerce in a manner that is likely to cause dilution by blurring or tarnishment, regardless of the presence or absence of actual or likely confusion, competition, or actual economic injury.
Defines a mark as famous if it is widely recognized by the general consuming public as a designation of the source of the goods or services of the mark's owner. Allows the court to consider all relevant factors when determining whether a mark is famous, including: (1) the duration, extent, and geographic reach of advertising and publicity of the mark; (2) the amount, volume, and geographic extent of sales of goods or services offered under the mark; (3) the extent of actual recognition of the mark; and (4) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
Defines "dilution by blurring" as an association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. Allows the court to consider all relevant factors when determining whether a mark or trade name is likely to cause dilution by blurring, including: (1) the degree of similarity; (2) the degree of inherent or acquired distinctiveness of the famous mark; (3) the extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (4) the degree of recognition of the famous mark; (5) whether the user of the mark or trade name intended to create an association with the famous mark; and (6) any actual association between the mark or trade name and the famous mark.
Defines "dilution by tarnishment" as an association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.
Declares that certain acts are not actionable as dilution by blurring or tarnishment, including: (1) any fair use of a famous mark by another person other than as a designation of source for the person's own goods or services, including for advertising or promotion that permits consumers to compare goods or services, or identifying and parodying, criticizing, or commenting upon the famous mark owner or the owner's goods or services; (2) all forms of news reporting and news commentary; and (3) any noncommercial use of a mark.
Requires the person who asserts trade dress protection for trade dress not registered on the principal register in a civil action for trade dress dilution to prove that: (1) the claimed trade dress, taken as a whole, is not functional and is famous; and (2) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks.
Allows the owner of a famous mark to seek additional remedies in an action under this Act if the person against whom the injunction is sought: (1) first used the mark or trade name in commerce after the date of enactment of this Act; (2) willfully intended to trade on the recognition of the famous mark; or (3) willfully intended to harm the reputation of the famous mark.
Declares that ownership of a valid registration is a complete bar to an action under state common law or statute that seeks to prevent dilution by blurring or tarnishment or that asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. | {"src": "billsum_train", "title": "To amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment."} | 2,246 | 847 | 0.763536 | 2.380356 | 0.825213 | 6.405333 | 2.568 | 0.968 |
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT OF
2004
SECTION 101. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Organic Act of 2004''.
SEC. 102. ESTABLISHMENT.
There is established within the Department of Commerce, the
National Oceanic and Atmospheric Administration.
SEC. 103. DEFINITIONS.
As used in this Act:
(1) The terms ``NOAA'' and ``Administration'' mean the
National Oceanic and Atmospheric Administration established by
section 102.
(2) The term ``Secretary'' means the Secretary of Commerce.
(3) The terms ``Under Secretary'' or ``Administrator'' mean
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(4) The terms ``Assistant Secretary'' or ``Deputy
Administrator'' mean the Assistant Secretary of Commerce for
Oceans and Atmosphere and Deputy Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 104. POSITIONS.
(a) Under Secretary.--There shall be within NOAA an Under Secretary
of Commerce for Oceans and Atmosphere and Administrator of the National
Oceanic and Atmospheric Administration appointed by the President by
and with the advice and consent of the Senate. Subject to the authority
of the Secretary of Commerce, the Under Secretary shall be the head of
NOAA and shall have authority, direction and control of NOAA. Any
authority, power or function vested by law in NOAA, or any officer,
employee or part of NOAA, is vested in, and may be exercised by, the
Under Secretary. The Under Secretary may, without being relieved of the
Under Secretary's responsibility, perform any of the Under Secretary's
functions or duties, or exercise any of the Under Secretary's powers
through, or with the aid of, such persons in, or organizations of, NOAA
as the Under Secretary may designate.
(b) Assistant Secretary.--There shall be within NOAA an Assistant
Secretary of Commerce for Oceans and Atmosphere and Deputy
Administrator of the National Oceanic and Atmospheric Administration.
The Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant Secretary
shall perform such functions as the Under Secretary may prescribe. The
Assistant Secretary shall perform the functions of the Under Secretary
during the disability of the Under Secretary or when the office of
Under Secretary is vacant.
(c) Deputy Under Secretary.--There shall be within NOAA a Deputy
Under Secretary of Commerce for Oceans and Atmosphere appointed in the
Senior Executive Service, without regard to limitations under section
3133 of Title 5, United States Code, by the Secretary. The Deputy Under
Secretary shall perform the functions of the Assistant Secretary during
the disability of the Assistant Secretary or when the office of
Assistant Secretary is vacant.
(d) Establishment of Additional Positions.--To carry out the
functions of NOAA assigned by law, and consistent with applicable law
including title II of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (Public Law 107-
372), the Under Secretary may establish positions within NOAA and
prescribe the authorities and duties of such positions.
SEC. 105. PURPOSES AND AUTHORITIES.
(a) Purposes.--NOAA's purposes shall be to:
(1) observe, assess and predict the status of and changes
in ocean, coastal, and Great Lakes ecosystems, and in the
atmosphere, including the near-space environment;
(2) manage, protect and restore the Nation's ocean, coastal
and Great Lakes areas, living and nonliving marine resources,
including fisheries, and vulnerable species and habitats,
including ecosystem approaches;
(3) collect, store, analyze and provide reliable scientific
data and information through means including research,
observations (in-situ and remotely sensed), forecasts and
assessments relating to weather (including space weather),
climate, air quality, water, marine resources and ecosystems
that can be used as a basis for sound management and public
safety decisions;
(4) protect lives and property and expand economic
opportunities; and
(5) pursue its purposes complementary to, and in
partnership with, Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities, as appropriate.
(b) Basic Authorities.--In addition to any other authority provided
to the Under Secretary by law or by delegation from the Secretary, the
Under Secretary shall have the following authorities with respect to
NOAA and the implementation of this Act:
(1) Authorities that were, immediately prior to the
enactment of this Act, vested by law, including under
Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1), in NOAA,
or in the Secretary with respect to NOAA.
(2) Authority to promulgate rules and regulations as
necessary or appropriate.
(3) Without regard to section 3324(a) and (b) of Title 31,
authority to enter into and perform such contracts, leases,
grants, cooperative agreements, or other transactions (without
regard to 31 U.S.C. 6301 et seq.), as may be necessary to carry
out NOAA's purposes and authorities, on terms it deems
appropriate, with Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(4) Authority to accept from any source, hold, administer,
invest, dispose of and utilize gifts, bequests, or devises of
services, money, securities or property (whether real,
personal, intellectual or of any other kind) or any interest
therein, and the income therefrom or the proceeds upon
disposition thereof, without regard to section 1342 of Title
31, United States Code, and such money, income or proceeds
shall be available to NOAA for obligation and expenditure to
carry out the purposes of NOAA under this Act.
(5) Authority to use, with their consent, and with or
without reimbursement, the services, equipment, personnel, and
facilities of: Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(6) Authority to disseminate information and conduct
education and outreach in direct support of the purposes
outlined under section 105(a).
(7) Authority to--
(A) acquire (by purchase, lease, or otherwise),
lease, invest, sell, dispose of or convey services,
money, securities or property (whether real, personal,
intellectual or of any other kind) or interest therein;
and
(B) construct, improve, repair, operate, maintain
and dispose of real or personal property, including but
not limited to buildings, facilities, and land.
(8) Authority to--
(A) purchase or hire passenger motor vehicles as
necessary for the implementation of this Act;
(B) procure the services of experts or consultants
(or of organizations of experts or consultants) as
described in and in accordance with the first two
sentences of section 3109(b) of Title 5, and, when
determined necessary by the Under Secretary, without
regard to the time limitation in the first sentence of
section 3109(b), at respective daily rates of pay for
individuals which are not more than the daily
equivalent of the rate of basic pay then currently paid
for Level III of the Executive Schedule of section 5313
of Title 5, and pay in connection with such services
travel expenses of individuals, including
transportation and per diem in lieu of subsistence
while such individuals are traveling from their homes
or places of business to official duty stations and
return as may be authorized by law;
(C) install, repair, and maintain telephones and
telephone wiring and pay telephone service tolls or
other charges with respect to residences owned or
leased by the United States Government and, to the
extent necessary to implement this Act, other private
residences, without regard to section 1348 of Title 31,
United States Code; and
(D) expend appropriations for official reception
and representation.
(c) Protection Against Misuse of Name, Initials and Seal.--
(1) No person may, except with the written permission of
the Under Secretary, knowingly use the words ``National Oceanic
and Atmospheric Administration'', the initials ``NOAA'', the
seal of NOAA, or the name, acronym or seal of any component or
program of NOAA, or any colorable imitation of such words,
initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by NOAA, or is likely to
cause confusion as to the source or origin of goods or services
provided therewith.
(2) Whenever it appears to the Attorney General that any
person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subparagraph (1), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to the hearing and determination of such action and
may, at any time before final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action
is brought.
SEC. 106. CONFORMING AMENDMENTS, REPEALS AND TRANSITION.
(a) The Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is
repealed.
(b) Any reference, in any law, rule, regulation, directive, or
instruction, or certificate or other official document, in force
immediately prior to enactment of this Act--
(1) to the National Oceanic and Atmospheric Administration
shall be deemed to refer and apply to the National Oceanic and
Atmospheric Administration established by section 102 of this
Act;
(2) to the Under Secretary of Commerce for Oceans and
Atmosphere, or to the Administrator of the National Oceanic and
Atmospheric Administration, shall be deemed to refer and apply
to the Under Secretary of Commerce for Oceans and Atmosphere
and Administrator of the National Oceanic and Atmospheric
Administration to whom subsection 104(a) of this Act refers;
and
(3) to any other position in NOAA shall be deemed to refer
and apply to that same position in the National Oceanic and
Atmospheric Administration established by section 102 of this
Act.
(c) Subsections 407(a) and 407(b) of Public Law 99-659 (15 U.S.C.
1503b and 1507c) are repealed.
(d) Conforming Amendments to Executive Schedule.--Title 5 of the
United States Code is amended--
(1) in section 5314, by striking ``Under Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Administrator of the National Oceanic and Atmospheric
Administration.'' and inserting in lieu thereof ``Under
Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.''; and
(2) in section 5315, by striking ``Assistant Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Deputy Administrator of the National Oceanic and
Atmospheric Administration.'' and inserting in lieu thereof
``Assistant Secretary of Commerce for Oceans and Atmosphere and
Deputy Administrator of the National Oceanic and Atmospheric
Administration.''.
(e) Transition; Initial Appointments.--Notwithstanding any
provision in subsections 104(a) and (b) of this Act to the contrary,
the first individual appointed to the position of Under Secretary, and
the first individual appointed to the position of Assistant Secretary,
shall be appointed by the President alone.
SEC. 107. SAVINGS PROVISION.
All rules and regulations, determinations, standards, contracts,
certifications, authorizations, appointments, delegations, results and
findings of investigations, or other actions duly issued, made, or
taken by or pursuant to or under the authority of any statute which
resulted in the assignment of functions or activities to the Secretary,
the Department of Commerce, the Under Secretary, or any other official
of NOAA, as are in effect immediately before enactment of this Act
shall continue in full force and effect after enactment of this Act
until modified or rescinded.
SEC. 108. NO EFFECT ON OTHER AUTHORITIES.
This Act does not amend or alter the provisions of other
applicable acts unless otherwise noted. Nothing in this Act shall
derogate from the duties and functions of any other agency or otherwise
alter current authorities relating to those agencies.
TITLE II--NOAA ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE
SEC. 201. AMENDMENTS.
Sections 2 through 8 of the National Advisory Committee on Oceans
and Atmosphere Act of 1977 (Public Law 95-63, as amended, 33 U.S.C.
857-13 through 857-18) are amended as follows:
(1) In section 2 (33 U.S.C. 857-13), delete the phrase ``18
members to be''.
(2) Subsection 3(a) (33 U.S.C. 857-14(a)) is amended to
read as follows:
``(a) Appointment and Qualifications.--
``(1) The members of the Committee, who may not be full-
time officers or employees of the United States, shall be
appointed by the Under Secretary of Commerce for Oceans and
Atmosphere (hereinafter the Under Secretary). Members shall be
appointed only from among individuals who are eminently
qualified by way of knowledge and expertise in one or more of
the purposes of the National Oceanic and Atmospheric
Administration.
``(2) The Under Secretary shall appoint, as original
members, any current members of the National Oceanic and
Atmospheric Administration Science Advisory Board who wish to
serve in such capacity, together with any additional qualified
individuals necessary to fulfill the purposes of the
Committee.''.
(3) Subsection 3(b) (33 U.S.C. 857-14(b)) is revised to
read as follows:
``(b) Terms.--
``(1) The term of office of a member of the Committee shall
be 3 years; except that initial terms of the original
appointees shall be staggered to assure continuity of
administration.
``(2) Any individual appointed to fill a vacancy occurring
before the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term. No individual may serve for more than two
consecutive three-year terms. A member may serve after the date
of the expiration of the term of office for which appointed
until his or her successor has taken office.''.
(4) In subsection 3(c) (33 U.S.C. 857-14(c)), delete
``President'' and insert in lieu thereof ``Under Secretary''.
(5) Subsection 3(d) (33 U.S.C. 857-14(d)) is revised to
read as follows:
``(d) Duties.--The Committee shall advise the Under Secretary with
respect to the programs administered by the National Oceanic and
Atmospheric Administration.''.
(6) Delete sections 4 and 6 (33 U.S.C. 857-15 and 857-17,
respectively), and renumber the remaining sections accordingly.
In new section 4, delete ``for a GS-18'' and insert in lieu
thereof ``provided for Level IV of the Executive Schedule Pay
Rates''.
(7) By striking ``National Advisory Committee on Oceans and
Atmosphere'' wherever that term may appear in sections 2
through 8 of the National Advisory Committee on Oceans and
Atmosphere Act of 1977 (Public Law 95-63, an amended, 33 U.S.C.
857-13 through 857-18) and substitute in lieu thereof ``NOAA
Advisory Committee on Oceans and Atmosphere''. | National Oceanic and Atmospheric Administration Organic Act of 2004 - Re-establishes in the Department of Commerce (DOC) the National Oceanic and Atmospheric Administration (NOAA), administered by the Under Secretary of Commerce for Oceans and Atmosphere. Establishes additional positions within NOAA.
Repeals Reorganization Plan No. 4 of 1970 (originally establishing NOAA within the DOC).
Amends the National Advisory Committee on Oceans and Atmosphere Act of 1977 to make specified amendments to reflect the changes made herein with respect to the NOAA Advisory Committee on Oceans and Atmosphere. | {"src": "billsum_train", "title": "To establish the National Oceanic and Atmospheric Administration (NOAA), to amend the organization and functions of the NOAA Advisory Committee on Oceans and Atmosphere, and for other purposes."} | 3,648 | 146 | 0.55626 | 1.388888 | 0.648998 | 4.039216 | 32.411765 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pedestrian Safety Enhancement Act of
2008''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Secretary'' means the Secretary of
Transportation; and
(2) the term ``motor vehicle'' has the meaning given such
term in section 30102(a)(6) of title 49, United States Code.
SEC. 3. FINDINGS.
Congress finds that--
(1) motor vehicles designed to provide the desirable
benefits of reducing harmful pollutants and operating with
greater fuel efficiency include gasoline-electric hybrid and
electric-only vehicles, and in the foreseeable future may
include vehicles powered by hydrogen fuel cell and other engine
designs that rely on fuels and technologies other than the
gasoline-powered internal combustion engine;
(2) these vehicle engine designs operate or are likely to
operate with virtually no sound being produced by the vehicle;
(3) the total number of hybrid motor vehicles sold per year
in the United States is growing dramatically, and may someday
equal or exceed the number of internal combustion engine motor
vehicles on the Nation's roads;
(4) blind pedestrians cannot locate and evaluate traffic by
sight and instead must listen to traffic to discern its speed,
direction, and other attributes in order to travel safely and
independently;
(5) other people, including pedestrians who are not blind,
bicyclists, runners, and small children, benefit from multi-
sensory information available from vehicle traffic, including
the sound of vehicle engines;
(6) when operating on their electric engines, hybrid
vehicles cannot be heard by blind people and others, rendering
such vehicles extremely dangerous when driving on the street,
emerging from driveways, moving through parking lots, and in
other situations where pedestrians and vehicles come into
proximity with each other;
(7) failure to take immediate action assuring that blind
pedestrians can hear hybrid and other silent vehicles in all
phases of their operation will inevitably lead to pedestrian
injuries and fatalities; and
(8) such accidents are preventable through vehicle designs
which take into account the multi-sensory nature of traffic
detection and avoidance, and require that vehicles emit a
minimum level of sound designed to alert all pedestrians,
especially blind pedestrians, to the presence of such vehicles.
SEC. 4. STUDY OF METHOD TO PROTECT BLIND AND OTHER PEDESTRIANS.
(a) Required Study.--Not later than 90 days following enactment of
this Act, the Secretary shall conduct a study to--
(1) determine the most practical means of assuring that
blind and other pedestrians receive substantially similar
information to information such pedestrians receive from sound
emitted by vehicles that use internal combustion engines;
(2) determine the minimum level of sound emitted from a
motor vehicle that is necessary to provide blind pedestrians
with the information needed to make safe travel judgments; and
(3) consider whether the minimum level of sound requirement
or another method that conveys information essential for
pedestrian safety provides the most reliable information to
support safe travel of blind and other pedestrians, including--
(A) which method provides blind and other
pedestrians the greatest amount of information
regarding location, motion, speed, and direction of
travel of a motor vehicle;
(B) the cost and feasibility of each method,
including the cost and feasibility of equipping each
individual pedestrian with any technology necessary to
receive information; and
(C) which method assures the least reliance by
blind and other pedestrians upon technology they must
possess when traveling and thereby provides the
greatest amount of independence and opportunity for
spontaneous travel for these pedestrians.
(b) Required Consultation.--When conducting the study, the
Secretary shall--
(1) review all available research regarding the effect of
traffic sounds on pedestrian safety, and commission such
research as may be necessary;
(2) consult consumer groups representing individuals who
are blind, other pedestrians, cyclists, and advocates for
children; and
(3) consult with automobile manufacturers and professional
organizations representing them.
(c) Report.--The Secretary shall complete the study within 2 years
of its commencement and shall transmit a report of the findings to
Congress.
SEC. 5. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.
Not later than 90 days after conclusion of the study required under
section 4, the Secretary shall promulgate a motor vehicle safety
standard under section 30111 of title 49, United States Code, to
establish a method for alerting blind and other pedestrians of the
presence and operation of nearby motor vehicles to enable such
pedestrians to travel safely and independently in urban, rural, and
residential environments. Such standard shall provide that every motor
vehicle be equipped with a method--
(1) to provide blind and other pedestrians with a non-
visual alert regarding the location, motion, speed, and
direction of travel of a motor vehicle that provides
substantially the same protection of such pedestrians as that
provided by a motor vehicle with an internal combustion engine;
and
(2) that will permit a blind or other pedestrian to
determine the location, motion, speed, and direction of travel
of a motor vehicle with substantially the same degree of
certainty as such pedestrians are able to determine the
location, motion, speed, and direction of travel of a motor
vehicle with an internal combustion engine.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out this Act.
SEC. 7. EFFECTIVE DATE.
The standard promulgated under section 5 shall apply to all new
motor vehicles manufactured or sold in the United States beginning on
that date that is 2 years after the issuance of such standard. | Pedestrian Safety Enhancement Act of 2008 - Directs the Secretary of Transportation to study and report to Congress on the minimum level of sound that is necessary to be emitted from a motor vehicle, or some other method, to alert blind and other pedestrians of the presence of operating motor vehicles while traveling. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation."} | 1,193 | 67 | 0.54631 | 1.482252 | 0.832283 | 2.696429 | 20.928571 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Meal Enhancement Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible school.--The term ``eligible school'' means
any school that is--
(A) eligible to participate in the National School
Lunch Program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751) and the
National School Breakfast Program established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(B) meets the participation threshold described in
section 3(a); and
(C) agrees to provide free meals to all enrolled
students through the school-wide paperless free school
meal program.
(2) Estimated eligibility rate.--The term ``estimated
eligibility rate'' means the percentage of a school's enrolled
students eligible for free or reduced price meals under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) determined--
(A) in accordance with the guidance issued by the
Secretary under section 3(a)(2)(B)(ii); or
(B) through a method for determining the number of
students eligible for free or reduced price meals
approved within the last 4 years under section 18(c) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1769(c)).
(3) School-wide paperless free school meal program.--The
term ``school-wide paperless free school meal program'' means a
program to provide, to all enrolled students in a participating
school, without requiring the use of paper applications to
determine eligibility for--
(A) free or reduced price school breakfasts under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.); and
(B) free or reduced price school lunches under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term under section 12 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1760).
(5) Participating school.--The term ``participating
school'' means an eligible school that has been selected to
participate in the school-wide paperless free school meal
program by its local educational agency in accordance with the
guidance issued under section 3(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. THE SCHOOL-WIDE PAPERLESS FREE SCHOOL MEAL PROGRAM.
(a) Duties of the Secretary.--
(1) Program implementation.--Not later than the July 1
following date of publication of the final guidance issued
under this subsection, the Secretary shall implement the
school-wide paperless free school meal program in accordance
with the requirements of this Act.
(2) Guidance.--
(A) In general.--The Secretary shall publish in the
Federal Register and post on the website of the
Department of Agriculture--
(i) not later than 6 months after the date
of enactment of this Act, for comment draft
guidance for local educational agencies and
participating schools on the requirements for
carrying out the school-wide paperless free
price school meal program; and
(ii) not later than 9 months after the date
of the enactment of this Act, final guidance
for carrying out such program.
(B) Requirements of the guidance.--
(i) Participation threshold.--The Secretary
shall issue guidance that describes how a local
educational agency shall demonstrate to the
Secretary that an eligible school meets the
participation threshold of--
(I) at least 65 percent estimated
eligibility rate for free meals under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); or
(II) at least 75 percent estimated
eligibility rate for free and reduced
price meals under the Richard B.
Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(ii) Guidance on estimated eligibility
rate.--The Secretary shall issue guidance that
establishes an alternate, paperless method of
determining an estimated eligibility rate. In
issuing such guidance, the Secretary shall
balance cost-effectiveness with obtaining an
accurate estimated eligibility rate and take
into account--
(I) the number of students who are
certified as eligible for free meals
under section 9(b)(4) of the Richard B.
Russell School Lunch Act (42 U.S.C.
1758(b)(4)) at each eligible school;
(II) the number of students
determined to be eligible for free or
reduced price meals at each eligible
school within the last 3 years on the
basis of completed household
applications (as defined in section
9(b)(3)(A) of the Richard B. Russell
School Lunch Act 1758(b)(3)(A));
(III) the most recent income and
poverty data available from reliable
data sources, including--
(aa) income and poverty
statistics provided by the
Small Area Income and Poverty
Estimates program of the Bureau
of the Census of the Department
of Commerce;
(bb) data provided by the
American Community Survey of
the Bureau of the Census of the
Department of Commerce;
(cc) determinations under
section 1124(c)(2) of the
Elementary and Secondary
Education Act (20 U.S.C.
6333(c)(2));
(dd) data from other
Federal, State, or local means-
tested programs, such as the
supplemental nutrition
assistance program established
under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et
seq.) or the State Medicaid
program under title XIX of the
Social Security Act (42 U.S.C.
1396 et seq.); and
(ee) other data sources the
Secretary deems to be reliable;
and
(IV) any local educational agency-
wide data that the Secretary determines
can be used to make statistically sound
assumptions regarding the estimated
eligibility rates for schools under its
jurisdiction.
(iii) Survey.--The guidance issued under
clause (ii) may also provide for phone and door
to door sampling to be required when
determining the estimated eligibility rate in
order to increase the accuracy rate of the
estimate. Any phone and door to door sampling
requirement shall not be more than what is
required for the estimated eligibility rate to
reach a 95 percent statistical confidence
interval about the estimate of no more than
plus or minus 2 percentage points. This
limitation shall not restrict local education
agencies from choosing to conduct higher
percentages of phone and door to door sampling.
(iv) Evaluation of the eligibility rate.--
The Secretary shall issue guidance--
(I) requiring each local
educational agency participating in the
program to evaluate the estimated
eligibility rate at least every 4 years
in each participating school; and
(II) on how to conduct such
evaluation.
(b) Reimbursement.--The reimbursement to each school food service
authority of each local education agency that participates in the
program under this Act shall be for each month of participation, in an
amount equal to the sum of the product obtained by--
(1) multiplying the total number lunches of served in the
school lunches by--
(A) the estimated eligibility rate of enrolled
students in the school eligible for free meals; and
(B) the special assistance factor for free lunches
prescribed by the Secretary under section 11(a)(3)(A)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a(a)(3)(A));
(2) multiplying the total number of breakfasts served in
the school by--
(A) the estimated eligibility rate of enrolled
students in the school eligible for free meals; and
(B) the national average payment rate for free
breakfasts established under section 4(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(b));
(3) multiplying the total number of lunches served in the
school by--
(A) by the estimated eligibility rate of enrolled
students in the school eligible for reduced price
meals; and
(B) by the special assistance factor for reduced
price lunches established under section 11(a) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(b));
(4) multiplying the total number of breakfasts served in
the school by--
(A) the estimated eligibility rate of enrolled
students in the school eligible for reduced price
meals; and
(B) the national average payment rate for reduced
price breakfasts established under section 4(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1773(b));
(5) multiplying the number of students not eligible for
free or reduced price lunches in the school by the national
average payment rate for lunches established under section 4 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1753);
(6) multiplying the number of students not eligible for
free or reduced price breakfasts in the school by the national
average payment rate for each breakfast served to a child not
eligible for free or reduced price meals established under
section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(b)); and
(7) multiplying the total number of lunches served in the
school by the commodity assistance rate established under
section 6(c) of the Richard B. Russell School Lunch Act (42
U.S.C. 1755(c)).
(c) Number of Students Not Eligible for Free or Reduced Price
Lunches.--The number of students not eligible for free or reduced price
lunches is equal to the difference obtained by subtracting the number
of free and reduced price lunches served in the school (based on the
estimated eligibility rate of enrolled student eligible for free and
reduce priced meals in the school) from the total number of lunches
served in the school.
(d) Number of Students Not Eligible for Free or Reduced Price
Breakfasts.--The number of students not eligible for free or reduced
price breakfasts is equal to the difference obtained by subtracting the
number of free and reduced price breakfasts served in the school (based
on the estimated eligibility rate of enrolled student eligible for free
and reduce priced meals in the school) from the total number of
breakfasts served in the school.
SEC. 4. REPORT TO CONGRESS.
Not later than 2 years after implementing the program under this
Act, the Secretary shall submit a report to Congress that shall
include--
(1) the increase in the number of students who are eligible
to receive free or reduced meals under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) and Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) receiving
such meals as a result of the program; and
(2) recommendations for legislation to increase the number
of children eligible to participate in the program, while
reducing waste and cost for schools and local educational
agencies, including recommendations for increasing direct
certification.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act. | School Meal Enhancement Act of 2009 - Directs the Secretary of Agriculture to implement a school-wide paperless free school meal program which allows local educational agencies (LEAs) to select certain schools to provide free meals to all their students without the use of paper applications to determine their eligibility for free or reduced price breakfasts or lunches under the Child Nutrition Act of 1966 or the Richard B. Russell National School Lunch Act.
Prohibits the participation of schools that do not have a student enrollment of which at least: (1) 65% are estimated to be eligible for free meals under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966; or (2) 75% are estimated to be eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act.
Requires the Secretary to issue guidance that establishes an alternate, paperless method of determining such estimated eligibility rates.
Reimburses the school food service authority of each participating LEA pursuant to a formula that factors in such estimated eligibility rates. | {"src": "billsum_train", "title": "To create a universal, paperless school meal program that is nationally available."} | 2,529 | 222 | 0.709463 | 1.505508 | 0.856338 | 3.370558 | 11.461929 | 0.893401 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawsuit Abuse Reduction Act of
2004''.
SEC. 2. ATTORNEY ACCOUNTABILITY.
Rule 11 of the Federal Rules of Civil Procedure is amended--
(1) in subdivision (c)--
(A) by amending the first sentence to read as
follows: ``If a pleading, motion, or other paper is
signed in violation of this rule, the court, upon
motion or upon its own initiative, shall impose upon
the attorney, law firm, or parties that have violated
this subdivision or are responsible for the violation,
an appropriate sanction, which may include an order to
the other party or parties to pay for the reasonable
expenses incurred as a direct result of the filing of
the pleading, motion, or other paper, that is the
subject of the violation, including a reasonable
attorney's fee.'';
(B) in paragraph (1)(A)--
(i) by striking ``Rule 5'' and all that
follows through ``corrected.'' and inserting
``Rule 5.''; and
(ii) by striking ``the court may award''
and inserting ``the court shall award''; and
(C) in paragraph (2), by striking ``shall be
limited to what is sufficient'' and all that follows
through the end of the paragraph (including
subparagraphs (A) and (B)) and inserting ``shall be
sufficient to deter repetition of such conduct or
comparable conduct by others similarly situated, and to
compensate the parties that were injured by such
conduct. The sanction may consist of an order to pay to
the party or parties the amount of the reasonable
expenses incurred as a direct result of the filing of
the pleading, motion, or other paper that is the
subject of the violation, including a reasonable
attorney's fee.''; and
(2) by striking subdivision (d).
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, shall
determine within 30 days after the filing of such motion whether the
action affects interstate commerce. Such court shall make such
determination based on an assessment of the costs to the interstate
economy, including the loss of jobs, were the relief requested granted.
If the court determines such action affects interstate commerce, the
provisions of Rule 11 of the Federal Rules of Civil Procedure shall
apply to such action.
SEC. 4. PREVENTION OF FORUM-SHOPPING.
(a) In General.--Subject to subsection (b), a personal injury claim
filed in State or Federal court may be filed only in the State and,
within that State, in the county (or Federal district) in which--
(1) the person bringing the claim, including an estate in
the case of a decedent and a parent or guardian in the case of
a minor or incompetent--
(A) resides at the time of filing; or
(B) resided at the time of the alleged injury; or
(2) the alleged injury or circumstances giving rise to the
personal injury claim allegedly occurred; or
(3) the defendant's principal place of business is located.
(b) Determination of Most Appropriate Forum.--If a person alleges
that the injury or circumstances giving rise to the personal injury
claim occurred in more than one county (or Federal district), the trial
court shall determine which State and county (or Federal district) is
the most appropriate forum for the claim. If the court determines that
another forum would be the most appropriate forum for a claim, the
court shall dismiss the claim. Any otherwise applicable statute of
limitations shall be tolled beginning on the date the claim was filed
and ending on the date the claim is dismissed under this subsection.
(c) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate; and
(B) does not include a claim brought as a class
action.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in section 3 or in the amendments made by section 2 shall
be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE
RULE 11 VIOLATIONS.
(a) Mandatory Suspension.--Whenever a Federal district court
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in that Federal district court
during that attorney's career. If the court determines that the number
is 3 or more, the Federal district court--
(1) shall suspend that attorney from the practice of law in
that Federal district court for 1 year; and
(2) may suspend that attorney from the practice of law in
that Federal district court for any additional period that the
court considers appropriate.
(b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
(c) Reinstatement.--To be reinstated to the practice of law in a
Federal district court after completion of a suspension under
subsection (a), the attorney must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.
SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION.
(a) In General.--Whoever willfully and intentionally influences,
obstructs, or impedes, or attempts to influence, obstruct, or impede, a
pending court proceeding through the willful and intentional
destruction of documents sought in, and highly relevant to, that
proceeding shall be punished with mandatory civil sanctions of a degree
commensurate with the civil sanctions available under Rule 37 of the
Federal Rules of Civil Procedure, in addition to any other civil
sanctions that otherwise apply.
(b) Applicability.--This section applies to any court proceeding in
any Federal or State court.
Passed the House of Representatives September 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.
(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.
(Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.
(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings. | {"src": "billsum_train", "title": "To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes."} | 1,630 | 520 | 0.546298 | 1.864089 | 0.725816 | 3.155211 | 3.332594 | 0.862528 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Osteoporosis Early
Detection and Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) Nature of osteoporosis.--
(A) Osteoporosis is a disease characterized by low
bone mass and structural deterioration of bone tissue
leading to bone fragility and increased susceptibility
to fractures of the hip, spine, and wrist.
(B) Osteoporosis has no symptoms and typically
remains undiagnosed until a fracture occurs.
(C) Once a fracture occurs, the condition has
usually advanced to the stage where the likelihood is
high that another fracture will occur.
(D) There is no cure for osteoporosis, but drug
therapy has been shown to reduce new hip and spine
fractures by 50 percent and other treatments, such as
nutrition therapy, have also proven effective.
(2) Incidence of osteoporosis.--Osteoporosis is a common
condition:
(A) Of the 44 million Americans who have (or are at
risk for) osteoporosis, 80 percent are women.
(B) Annually there are 1.5 million bone fractures
attributable to osteoporosis.
(C) Half of all women, and one-fourth of all men,
age 50 or older will have a bone fracture due to
osteoporosis.
(3) Impact of osteoporosis.--The cost of treating
osteoporosis is significant:
(A) The annual cost of osteoporosis in the United
States was $17 billion in 2001.
(B) The average cost in the United States of
repairing a hip fracture due to osteoporosis is
$37,000, while the average cost of an osteoporosis
screening test ranges from $59 to $300.
(C) Fractures due to osteoporosis frequently result
in disability and institutionalization of individuals.
(D) Because osteoporosis is a progressive condition
causing fractures primarily in aging individuals,
preventing fractures particularly in post menopausal
women before they become eligible for Medicare, has a
significant potential of reducing osteoporosis-related
costs under the Medicare program.
(4) Use of bone mass measurement.--
(A) Bone mass measurement is a non-invasive,
painless, and reliable way to diagnose osteoporosis
before costly fractures occur.
(B) Low bone mass is as predictive of future
fractures as is high cholesterol or high blood pressure
of heart disease or stroke.
(C) Bone mass measurement is the only reliable
method of detecting osteoporosis at an early stage.
(D) Under section 4106 of the Balanced Budget Act
of 1997, Medicare provides coverage, effective July 1,
1998, for bone mass measurement for qualified
individuals who are at risk of developing osteoporosis.
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--Taking into account the
standards established under section 1861(rr)(3) of the Social Security
Act, the Secretary shall establish standards regarding the frequency
with which a qualified individual shall be eligible to be provided
benefits for bone mass measurement under this section. The Secretary
may vary such standards based on the clinical and risk-related
characteristics of qualified individuals.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(i) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) Erisa amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--The standards established
under section 2707(c) of the Public Health Service Act shall apply to
benefits provided under this section in the same manner as they apply
to benefits provided under section 2707 of such Act.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a), for
purposes of assuring notice of such requirements under the plan; except
that the summary description required to be provided under the fourth
sentence of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of the first
plan year in which such requirements apply.
``(h) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c))
is amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a))
is amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(D) The table of contents in section 1 of such Act
is amended by inserting after the item relating to
section 713 the following new item:
``714. Standards relating to benefits for bone mass measurement.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) In General.--The provisions of section 2707 (other than
subsection (g)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2008.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Osteoporosis Early Detection and Prevention Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan to include coverage for bone mass measurement for individuals who: (1) are at a clinical risk for osteoporosis, including estrogen-deficient women; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy.
Requires the Secretary of Health and Human Services to establish standards regulating the frequency with which individuals are eligible to be provided this benefit. Prohibits specified actions by health care plans to discourage the use of this benefit.
Applies these requirements to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for qualified individuals for bone mass measurement (bone density testing) to prevent fractures associated with osteoporosis."} | 3,547 | 217 | 0.505546 | 1.42436 | 0.653414 | 3.608187 | 17.830409 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overdose Prevention and Patient
Safety Act''.
SEC. 2. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING TO SUBSTANCE
USE DISORDER.
(a) Conforming Changes Relating to Substance Use Disorder.--
Subsections (a) and (h) of section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse''
and inserting ``substance use disorder''.
(b) Disclosures to Covered Entities Consistent With HIPAA.--
Paragraph (2) of section 543(b) of the Public Health Service Act (42
U.S.C. 290dd-2(b)) is amended by adding at the end the following:
``(D) To a covered entity or to a program or
activity described in subsection (a), for the purposes
of treatment, payment, and health care operations, so
long as such disclosure is made in accordance with
HIPAA privacy regulation. Any redisclosure of
information so disclosed may only be made in accordance
with this section.''.
(c) Disclosures of De-identified Health Information to Public
Health Authorities.--Paragraph (2) of section 543(b) of the Public
Health Service Act (42 U.S.C. 290dd-2(b)), as amended by subsection
(b), is further amended by adding at the end the following:
``(E) To a public health authority, so long as such
content meets the standards established in section
164.514(b) of title 45, Code of Federal Regulations (or
successor regulations) for creating de-identified
information.''.
(d) Definitions.--Subsection (b) of section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2) is amended by adding at the end
the following:
``(3) Definitions.--For purposes of this subsection:
``(A) Covered entity.--The term `covered entity'
has the meaning given such term for purposes of HIPAA
privacy regulation.
``(B) Health care operations.--The term `health
care operations' has the meaning given such term for
purposes of HIPAA privacy regulation.
``(C) HIPAA privacy regulation.--The term `HIPAA
privacy regulation' has the meaning given such term
under section 1180(b)(3) of the Social Security Act.
``(D) Individually identifiable health
information.--The term `individually identifiable
health information' has the meaning given such term for
purposes of HIPAA privacy regulation.
``(E) Payment.--The term `payment' has the meaning
given such term for purposes of HIPAA privacy
regulation.
``(F) Public health authority.--The term `public
health authority' has the meaning given such term for
purposes of HIPAA privacy regulation.
``(G) Treatment.--The term `treatment' has the
meaning given such term for purposes of HIPAA privacy
regulation.''.
(e) Use of Records in Criminal, Civil, or Administrative
Investigations, Actions, or Proceedings.--Subsection (c) of section 543
of the Public Health Service Act (42 U.S.C. 290dd-2) is amended to read
as follows:
``(c) Use of Records in Criminal, Civil, or Administrative
Contexts.--Except as otherwise authorized by a court order under
subsection (b)(2)(C) or by the consent of the patient, a record
referred to in subsection (a) may not--
``(1) be entered into evidence in any criminal prosecution
or civil action before a Federal or State court;
``(2) form part of the record for decision or otherwise be
taken into account in any proceeding before a Federal agency;
``(3) be used by any Federal, State, or local agency for a
law enforcement purpose or to conduct any law enforcement
investigation of a patient; or
``(4) be used in any application for a warrant.''.
(f) Penalties.--Subsection (f) of section 543 of the Public Health
Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
``(f) Penalties.--The provisions of sections 1176 and 1177 of the
Social Security Act shall apply to a violation of this section to the
extent and in the same manner as such provisions apply to a violation
of part C of title XI of such Act. In applying the previous sentence--
``(1) the reference to `this subsection' in subsection
(a)(2) of such section 1176 shall be treated as a reference to
`this subsection (including as applied pursuant to section
543(f) of the Public Health Service Act)'; and
``(2) in subsection (b) of such section 1176--
``(A) each reference to `a penalty imposed under
subsection (a)' shall be treated as a reference to `a
penalty imposed under subsection (a) (including as
applied pursuant to section 543(f) of the Public Health
Service Act)'; and
``(B) each reference to `no damages obtained under
subsection (d)' shall be treated as a reference to `no
damages obtained under subsection (d) (including as
applied pursuant to section 543(f) of the Public Health
Service Act)'.''.
(g) Antidiscrimination.--Section 543 of the Public Health Service
Act (42 U.S.C. 290dd-2) is amended by adding at the end the following:
``(i) Antidiscrimination.--
``(1) In general.--No entity shall discriminate against an
individual on the basis of information received by such entity
pursuant to a disclosure made under subsection (b) in--
``(A) admission or treatment for health care;
``(B) hiring or terms of employment;
``(C) the sale or rental of housing; or
``(D) access to Federal, State, or local courts.
``(2) Recipients of federal funds.--No recipient of Federal
funds shall discriminate against an individual on the basis of
information received by such recipient pursuant to a disclosure
made under subsection (b) in affording access to the services
provided with such funds.''.
(h) Notification in Case of Breach.--Section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g),
is further amended by adding at the end the following:
``(j) Notification in Case of Breach.--
``(1) Application of hitech notification of breach
provisions.--The provisions of section 13402 of the HITECH Act
(42 U.S.C. 17932) shall apply to a program or activity
described in subsection (a), in case of a breach of records
described in subsection (a), to the same extent and in the same
manner as such provisions apply to a covered entity in the case
of a breach of unsecured protected health information.
``(2) Definitions.--In this subsection, the terms `covered
entity' and `unsecured protected health information' have the
meanings given to such terms for purposes of such section
13402.''.
(i) Sense of Congress.--It is the sense of the Congress that any
person treating a patient through a program or activity with respect to
which the confidentiality requirements of section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2) apply should access the
applicable State-based prescription drug monitoring program as a
precaution against substance use disorder.
(j) Regulations.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with appropriate Federal agencies,
shall make such revisions to regulations as may be necessary
for implementing and enforcing the amendments made by this
section, such that such amendments shall apply with respect to
uses and disclosures of information occurring on or after the
date that is 12 months after the date of enactment of this Act.
(2) Easily understandable notice of privacy practices.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, in consultation with
appropriate experts, shall update section 164.520 of title 45,
Code of Federal Regulations, so that covered entities provide
notice, written in plain language, of privacy practices
regarding patient records referred to in section 543(a) of the
Public Health Service Act (42 U.S.C. 290dd-2(a)), including--
(A) a statement of the patient's rights, including
self-pay patients, with respect to protected health
information and a brief description of how the
individual may exercise these rights (as required by
paragraph (b)(1)(iv) of such section 164.520); and
(B) a description of each purpose for which the
covered entity is permitted or required to use or
disclose protected health information without the
patient's written authorization (as required by
paragraph (b)(2) of such section 164.520).
(k) Development and Dissemination of Model Training Programs for
Substance Use Disorder Patient Records.--
(1) Initial programs and materials.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Health and Human Services (referred to in this subsection as
the ``Secretary''), in consultation with appropriate experts,
shall identify the following model programs and materials (or
if no such programs or materials exist, recognize private or
public entities to develop and disseminate such programs and
materials):
(A) Model programs and materials for training
health care providers (including physicians, emergency
medical personnel, psychiatrists, psychologists,
counselors, therapists, nurse practitioners, physician
assistants, behavioral health facilities and clinics,
care managers, and hospitals, including individuals
such as general counsels or regulatory compliance staff
who are responsible for establishing provider privacy
policies) concerning the permitted uses and
disclosures, consistent with the standards and
regulations governing the privacy and security of
substance use disorder patient records promulgated by
the Secretary under section 543 of the Public Health
Service Act (42 U.S.C. 290dd-2), as amended by this
section, for the confidentiality of patient records.
(B) Model programs and materials for training
patients and their families regarding their rights to
protect and obtain information under the standards and
regulations described in subparagraph (A).
(2) Requirements.--The model programs and materials
described in subparagraphs (A) and (B) of paragraph (1) shall
address circumstances under which disclosure of substance use
disorder patient records is needed to--
(A) facilitate communication between substance use
disorder treatment providers and other health care
providers to promote and provide the best possible
integrated care;
(B) avoid inappropriate prescribing that can lead
to dangerous drug interactions, overdose, or relapse;
and
(C) notify and involve families and caregivers when
individuals experience an overdose.
(3) Periodic updates.--The Secretary shall--
(A) periodically review and update the model
programs and materials identified or developed under
paragraph (1); and
(B) disseminate such updated programs and materials
to the individuals described in paragraph (1)(A).
(4) Input of certain entities.--In identifying, reviewing,
or updating the model programs and materials under this
subsection, the Secretary shall solicit the input of relevant
stakeholders.
(l) Rules of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to limit--
(1) a patient's right, as described in section 164.522 of
title 45, Code of Federal Regulations, or any successor
regulation, to request a restriction on the use or disclosure
of a record referred to in section 543(a) of the Public Health
Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment,
payment, or health care operations; or
(2) a covered entity's choice, as described in section
164.506 of title 45, Code of Federal Regulations, or any
successor regulation, to obtain the consent of the individual
to use or disclose a record referred to in such section 543(a)
to carry out treatment, payment, or health care operation.
(m) Sense of Congress.--It is the sense of the Congress that--
(1) patients have the right to request a restriction on the
use or disclosure of a record referred to in section 543(a) of
the Public Health Service Act (42 U.S.C. 290dd-2(a)) for
treatment, payment, or health care operations; and
(2) covered entities should make every reasonable effort to
the extent feasible to comply with a patient's request for a
restriction regarding such use or disclosure.
Passed the House of Representatives June 20, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Overdose Prevention and Patient Safety Act This bill amends the Public Health Service Act to align federal privacy standards for substance use disorder (SUD) patient records more closely with standards under the Health Insurance Portability and Accountability Act (HIPAA). Specifically, the bill authorizes the disclosure of SUD patient records without a patient's written consent to: (1) a covered entity for the purposes of treatment, payment, and health care operations, as long as the disclosure is made in accordance with HIPAA; and (2) a public health authority, as long as the content of the disclosure meets HIPAA standards regarding de-identified information. Current law authorizes disclosure of SUD patient records without a patient's written consent only to medical personnel in a medical emergency, to specified personnel for research or program evaluations, or pursuant to a court order. The bill also repeals and replaces criminal penalties for certain violations involving SUD patient records with the HIPAA civil penalty structure. It also applies HIPAA criminal penalties to wrongful disclosures of SUD patient records. In addition, the bill expands the current prohibition against using SUD patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions. The bill prohibits certain discrimination based on the release of SUD information under this bill. | {"src": "billsum_train", "title": "Overdose Prevention and Patient Safety Act"} | 2,903 | 286 | 0.555724 | 1.655343 | 0.689688 | 2.012245 | 10.379592 | 0.795918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peopling of America Theme Study
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) an important facet of the history of the United States
is the story of how the United States was populated;
(2) the migration, immigration, and settlement of the
population of the United States--
(A) is broadly termed the ``peopling of America'';
and
(B) is characterized by--
(i) the movement of groups of people across
external and internal boundaries of the United
States and territories of the United States;
and
(ii) the interactions of those groups with
each other and with other populations;
(3) each of those groups has made unique, important
contributions to American history, culture, art, and life;
(4) the spiritual, intellectual, cultural, political, and
economic vitality of the United States is a result of the
pluralism and diversity of the American population;
(5) the success of the United States in embracing and
accommodating diversity has strengthened the national fabric
and unified the United States in its values, institutions,
experiences, goals, and accomplishments;
(6)(A) the National Park Service's official thematic
framework, revised in 1996, responds to the requirement of
section 1209 of the Civil War Sites Study Act of 1990 (16
U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the
Secretary shall ensure that the full diversity of American
history and prehistory are represented'' in the identification
and interpretation of historic properties by the National Park
Service; and
(B) the thematic framework recognizes that ``people are the
primary agents of change'' and establishes the theme of human
population movement and change--or ``peopling places''--as a
primary thematic category for interpretation and preservation;
and
(7) although there are approximately 70,000 listings on the
National Register of Historic Places, sites associated with the
exploration and settlement of the United States by a broad
range of cultures are not well represented.
(b) Purposes.--The purposes of this Act are--
(1) to foster a much-needed understanding of the diversity
and contribution of the breadth of groups who have peopled the
United States; and
(2) to strengthen the ability of the National Park Service
to include groups and events otherwise not recognized in the
peopling of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Theme study.--The term ``theme study'' means the
national historic landmark theme study required under section
4.
(3) Peopling of america.--The term ``peopling of America''
means the migration, immigration, and settlement of the
population of the United States.
SEC. 4. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF
AMERICA.
(a) Theme Study Required.--The Secretary shall prepare and submit
to Congress a national historic landmark theme study on the peopling of
America.
(b) Purpose.--The purpose of the theme study shall be to identify
regions, areas, trails, districts, communities, sites, buildings,
structures, objects, organizations, societies, and cultures that--
(1) best illustrate and commemorate key events or decisions
affecting the peopling of America; and
(2) can provide a basis for the preservation and
interpretation of the peopling of America that has shaped the
culture and society of the United States.
(c) Identification and Designation of Potential New National
Historic Landmarks.--
(1) In general.--The theme study shall identify and
recommend for designation new national historic landmarks.
(2) List of appropriate sites.--The theme study shall--
(A) include a list, in order of importance or
merit, of the most appropriate sites for national
historic landmark designation; and
(B) encourage the nomination of other properties to
the National Register of Historic Places.
(3) Designation.--On the basis of the theme study, the
Secretary shall designate new national historic landmarks.
(d) National Park System.--
(1) Identification of sites within current units.--The
theme study shall identify appropriate sites within units of
the National Park System at which the peopling of America may
be interpreted.
(2) Identification of new sites.--On the basis of the theme
study, the Secretary shall recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(e) Continuing Authority.--After the date of submission to Congress
of the theme study, the Secretary shall, on a continuing basis, as
appropriate to interpret the peopling of America--
(1) evaluate, identify, and designate new national historic
landmarks; and
(2) evaluate, identify, and recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(f) Public Education and Research.--
(1) Linkages.--
(A) Establishment.--On the basis of the theme
study, the Secretary may identify appropriate means for
establishing linkages--
(i) between--
(I) regions, areas, trails,
districts, communities, sites,
buildings, structures, objects,
organizations, societies, and cultures
identified under subsections (b) and
(d); and
(II) groups of people; and
(ii) between--
(I) regions, areas, trails,
districts, communities, sites,
buildings, structures, objects,
organizations, societies, and cultures
identified under subsection (b); and
(II) units of the National Park
System identified under subsection (d).
(B) Purpose.--The purpose of the linkages shall be
to maximize opportunities for public education and
scholarly research on the peopling of America.
(2) Cooperative arrangements.--On the basis of the theme
study, the Secretary shall, subject to the availability of
funds, enter into cooperative arrangements with State and local
governments, educational institutions, local historical
organizations, communities, and other appropriate entities to
preserve and interpret key sites in the peopling of America.
(3) Educational initiatives.--
(A) In general.--The documentation in the theme
study shall be used for broad educational initiatives
such as--
(i) popular publications;
(ii) curriculum material such as the
Teaching with Historic Places program;
(iii) heritage tourism products such as the
National Register of Historic Places Travel
Itineraries program; and
(iv) oral history and ethnographic
programs.
(B) Cooperative programs.--On the basis of the
theme study, the Secretary shall implement cooperative
programs to encourage the preservation and
interpretation of the peopling of America.
SEC. 5. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with
educational institutions, professional associations, or other entities
knowledgeable about the peopling of America--
(1) to prepare the theme study;
(2) to ensure that the theme study is prepared in
accordance with generally accepted scholarly standards; and
(3) to promote cooperative arrangements and programs
relating to the peopling of America. | Peopling of America Theme Study Act - Directs the Secretary of the Interior to prepare and submit to Congress a national historic landmark theme study on the peopling of America to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that: (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped U.S. culture and society. | {"src": "billsum_train", "title": "To require the Secretary of the Interior to conduct a theme study on the peopling of America, and for other purposes."} | 1,577 | 121 | 0.637604 | 1.814038 | 0.591085 | 8.683168 | 14.584158 | 0.980198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Crime Victims'
Restitution Act of 2006''.
SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.
(a) In General.--Subchapter A of chapter 227 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 3560. Effect of death of a defendant in Federal criminal
proceedings
``(a) General Rule.--Notwithstanding any other provision of law,
the death of a defendant who has been convicted of a Federal criminal
offense shall not be the basis for abating or otherwise invalidating a
plea of guilty or nolo contendere accepted, a verdict returned, a
sentence announced, or a judgment entered prior to the death of that
defendant, or for dismissing or otherwise invalidating the indictment,
information, or complaint on which such a plea, verdict, sentence, or
judgment is based, except as provided in this section.
``(b) Death After Plea or Verdict.--
``(1) Entry of judgment.--If a defendant dies after a plea
of guilty or nolo contendere has been accepted or a verdict has
been returned, but before judgment is entered, the court shall
enter a judgment incorporating the plea of guilty or nolo
contendere or the verdict, with the notation that the defendant
died before the judgment was entered.
``(2) Punitive sanctions.--
``(A) Death before sentence announced.--If a
defendant dies after a plea of guilty or nolo
contendere has been accepted or a verdict has been
returned and before a sentence has been announced, no
sentence of probation, supervision, or imprisonment may
be imposed, no criminal forfeiture may be ordered, and
no liability for a fine or special assessment may be
imposed on the defendant or the defendant's estate.
``(B) Death after sentencing or judgment.--The
death of a defendant after a sentence has been
announced or a judgment has been entered, and before
that defendant has exhausted or waived the right to a
direct appeal--
``(i) shall terminate any term of
probation, supervision, or imprisonment, and
shall terminate the liability of that defendant
to pay any amount remaining due of a criminal
forfeiture, of a fine under section 3613(b), or
of a special assessment under section 3013; and
``(ii) shall not require return of any
portion of any criminal forfeiture, fine, or
special assessment already paid.
``(3) Restitution.--
``(A) Death before sentence announced.--If a
defendant dies after a plea of guilty or nolo
contendere has been accepted or a verdict has been
returned and before a sentence has been announced, the
court shall, upon a motion under subsection (c)(2) by
the Government or any victim of that defendant's crime,
commence a special restitution proceeding at which the
court shall adjudicate and enter a final order of
restitution against the estate of that defendant in an
amount equal to the amount that would have been imposed
if that defendant were alive.
``(B) Death after sentencing or judgment.--The
death of a defendant after a sentence has been
announced shall not be a basis for abating or otherwise
invalidating restitution announced at sentencing or
ordered after sentencing under section 3664(d)(5) of
this title or any other provision of law.
``(4) Civil proceedings.--The death of a defendant after a
plea of guilty or nolo contendere has been accepted, a verdict
returned, a sentence announced, or a judgment entered, shall
not prevent the use of that plea, verdict, sentence, or
judgment in civil proceedings, to the extent otherwise
permitted by law.
``(c) Appeals, Motions, and Petitions.--
``(1) In general.--Except as provided in paragraph (2),
after the death of a defendant convicted in a criminal case--
``(A) no appeal, motion, or petition by or on
behalf of that defendant or the personal representative
or estate of that defendant, the Government, or a
victim of that defendant's crime seeking to challenge
or reinstate a plea of guilty or nolo contendere
accepted, a verdict returned, a sentence announced, or
a judgment entered prior to the death of that defendant
shall be filed in that case after the death of that
defendant; and
``(B) any pending motion, petition, or appeal in
that case shall be dismissed with the notation that the
dismissal is due to the death of the defendant.
``(2) Exceptions.--
``(A) Restitution.--After the death of a defendant
convicted in a criminal case, the personal
representative of that defendant, the Government, or
any victim of that defendant's crime may file or pursue
an otherwise permissible direct appeal, petition for
mandamus or a writ of certiorari, or an otherwise
permissible motion described in section 3663, 3663A,
3664, or 3771, to the extent that the appeal, petition,
or motion raises an otherwise permissible claim to--
``(i) obtain, in a special restitution
proceeding, a final order of restitution under
subsection (b)(3);
``(ii) enforce, correct, amend, adjust,
reinstate, or challenge any order of
restitution; or
``(iii) challenge or reinstate a verdict,
plea of guilty or nolo contendere, sentence, or
judgment on which--
``(I) a restitution order is based;
or
``(II) restitution is being or will
be sought by an appeal, petition, or
motion under this paragraph.
``(B) Other civil actions affected.--After the
death of a defendant convicted in a criminal case, the
personal representative of that defendant, the
Government, or any victim of that defendant's crime may
file or pursue an otherwise permissible direct appeal,
petition for mandamus or a writ of certiorari, or an
otherwise permissible motion under the Federal Rules of
Criminal Procedure, to the extent that the appeal,
petition, or motion raises an otherwise permissible
claim to challenge or reinstate a verdict, plea of
guilty or nolo contendere, sentence, or judgment that
the appellant, petitioner, or movant shows by a
preponderance of the evidence is, or will be, material
in a pending or reasonably anticipated civil
proceeding, including civil forfeiture proceedings.
``(C) Collateral consequences.--
``(i) In general.--Except as provided in
subparagraphs (A) and (B), the Government may
not restrict any Federal benefits or impose
collateral consequences on the estate or a
family member of a deceased defendant based
solely on the conviction of a defendant who
died before that defendant exhausted or waived
the right to direct appeal unless, not later
than 90 days after the death of that defendant,
the Government gives notice to that estate or
family member of the intent of the Government
to take such action.
``(ii) Personal representative.--If the
Government gives notice under clause (i), the
court shall appoint a personal representative
for the deceased defendant that is the subject
of that notice, if not otherwise appointed,
under section (d)(2)(A).
``(iii) Tolling.--If the Government gives
notice under clause (i), any filing deadline
that might otherwise apply against the
defendant, the estate of the defendant, or a
family member of the defendant shall be tolled
until the date of the appointment of that
defendant's personal representative under
clause (ii).
``(3) Basis.--In any appeal, petition, or motion under
paragraph (2), the death of the defendant shall not be a basis
for relief.
``(d) Procedures Regarding Continuing Litigation.--
``(1) In general.--The standards and procedures for a
permitted appeal, petition, motion, or other proceeding under
subsection (c)(2) shall be the standards and procedures
otherwise provided by law, except that the personal
representative of the defendant shall be substituted for the
defendant.
``(2) Special procedures.--If continuing litigation is
initiated or could be initiated under subsection (c)(2), the
following procedures shall apply:
``(A) Notice and appointment of personal
representative.--The district court before which the
criminal case was filed (or the appellate court if the
matter is pending on direct appeal) shall--
``(i) give notice to any victim of the
convicted defendant under section 3771(a)(2),
and to the personal representative of that
defendant or, if there is none, the next of kin
of that defendant; and
``(ii) appoint a personal representative
for that defendant, if not otherwise appointed.
``(B) Counsel.--Counsel shall be appointed for the
personal representative of a defendant convicted in a
criminal case who dies if counsel would have been
available to that defendant, or if the personal
representative of that defendant requests counsel and
otherwise qualifies for the appointment of counsel,
under section 3006A.
``(C) Tolling.--The court shall toll any applicable
deadline for the filing of any motion, petition, or
appeal during the period beginning on the date of the
death of a defendant convicted in a criminal case and
ending on the later of--
``(i) the date of the appointment of that
defendant's personal representative; or
``(ii) where applicable, the date of the
appointment of counsel for that personal
representative.
``(D) Restitution.--If restitution has not been
fully collected on the date on which a defendant
convicted in a criminal case dies--
``(i) any amount owed under a restitution
order (whether issued before or after the death
of that defendant) shall be collectible from
any property from which the restitution could
have been collected if that defendant had
survived, regardless of whether that property
is included in the estate of that defendant;
``(ii) any restitution protective order in
effect on the date of the death of that
defendant shall continue in effect unless
modified by the court after hearing or pursuant
to a motion by the personal representative of
that defendant, the Government, or any victim
of that defendant's crime; and
``(iii) upon motion by the Government or
any victim of that defendant's crime, the court
shall take any action necessary to preserve the
availability of property for restitution under
this section.
``(e) Forfeiture.--
``(1) In general.--Except as provided in paragraph (2), the
death of an individual does not affect the Government's ability
to seek, or to continue to pursue, civil forfeiture of property
as authorized by law.
``(2) Tolling of limitations for civil forfeiture.--
Notwithstanding the expiration of any civil forfeiture statute
of limitations or any time limitation set forth in section
983(a) of this title, not later than the later of the time
period otherwise authorized by law and 2 years after the date
of the death of an individual against whom a criminal
indictment alleging forfeiture is pending, the Government may
commence civil forfeiture proceedings against any interest in
any property alleged to be forfeitable in the indictment of
that individual.
``(f) Definitions.--In this section--
``(1) the term `accepted', relating to a plea of guilty or
nolo contendere, means that a court has determined, under rule
11(b) of the Federal Rules of Criminal Procedure, that the plea
is voluntary and supported by a factual basis, regardless of
whether final acceptance of that plea may have been deferred
pending review of a presentence report or otherwise;
``(2) the term `announced', relating to a sentence, means
that the sentence has been orally stated in open court;
``(3) the term `convicted' refers to a defendant--
``(A) whose plea of guilty or nolo contendere has
been accepted; or
``(B) against whom a verdict of guilty has been
returned;
``(4) the term `direct appeal' means an appeal filed,
within the period provided by rule 4(b) of the Federal Rules of
Appellate Procedure, from the entry of the judgment or order of
restitution, including review by the Supreme Court of the
United States; and
``(5) the term `returned', relating to a verdict, means
that the verdict has been orally stated in open court.''.
(b) Conforming Amendment.--The table of sections for chapter 227 of
title 18, United States Code, is amended by adding at the end the
following:
``3560. Effect of death of a defendant in Federal criminal
proceedings.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to any criminal case or
appeal pending on or after July 1, 2006.
SEC. 4. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
Passed the Senate December 9 (legislative day, December 8),
2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for federal criminal cases in which a defendant dies before entry of a final judgment of guilt (deceased defendants).
Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided by this Act.
Requires a trial court, in a case in which a defendant admits guilt or is found guilty by a jury, but dies before final judgment, to: (1) enter a judgment with the notation that the defendant died before judgment was entered; and (2) commence a special restitution proceeding upon the motion of the government or any victim of the defendant's crime.
Permits the use of a guilty plea of a deceased defendant in subsequent civil proceedings.
Allows the personal representative of a defendant's estate to file an appeal of the deceased defendant's conviction and of other matters involving such defendant. Provides rules for appointment of counsel, tolling of filing dates, and restitution for pending litigation involving a deceased defendant.
Allows the government to seek, or continue to pursue, civil forfeiture of property related to the deceased defendant's crime, subject to the applicable statute of limitations.
Makes this Act applicable to any criminal case or appeal pending on or after July 1, 2006. | {"src": "billsum_train", "title": "A bill to address the effect of the death of a defendant in Federal criminal proceedings."} | 3,045 | 383 | 0.710377 | 2.217134 | 0.844394 | 4.506135 | 8.469325 | 0.923313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Health Security Act of
2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States-Mexico border is an interdependent
and dynamic region of 14,538,209 people with significant and
unique public health challenges.
(2) These challenges include low rates of health insurance
coverage, poor access to health care services, and high rates
of dangerous diseases, such as tuberculosis, diabetes, and
obesity.
(3) As the 2009 novel influenza A (H1N1) outbreak
illustrates, diseases do not respect international boundaries,
therefore, a strong public health effort at and along the U.S.-
Mexico border is crucial to not only protect and improve the
health of Americans but also to help secure the country against
biosecurity threats.
(4) For 11 years, the United States-Mexico Border Health
Commission has served as a crucial bi-national institution to
address these unique and truly cross-border health issues.
(5) Two initiatives resulting from the United States-Mexico
Border Health Commission's work speak to the importance of an
infrastructure that facilitates cross-border communication at
the ground level. First, the Early Warning Infectious Disease
Surveillance (EWIDS), started in 2004, surveys infectious
diseases passing among border States allowing for early
detection and intervention. Second, the Ventanillas de Salud
program, allows Mexican consulates, in collaboration with
United States nonprofit health organizations, to provide
information and education to Mexican citizens living and
working in the United States through a combination of Mexican
state funds and private grants. This program reaches an
estimated 1,500,000 people in the United States.
(6) As the United States-Mexico Border Health Commission
enters its second decade, and as these issues grow in number
and complexity, the Commission requires additional resources
and modifications which will allow it to provide stronger
leadership to optimize health and quality of life along the
United States-Mexico border.
SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
(1) in section 3--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) to serve as an independent and objective body to both
recommend and implement initiatives that solve border health
issues'';
(2) in section 5--
(A) in subsection (b), by striking ``should be the
leader'' and inserting ``shall be the Chair''; and
(B) by adding at the end the following:
``(d) Providing Advice and Recommendations to Congress.--A member
of the Commission may at any time provide advice or recommendations to
Congress concerning issues that are considered by the Commission. Such
advice or recommendations may be provided whether or not a request for
such is made by a member of Congress and regardless of whether the
member or individual is authorized to provide such advice or
recommendations by the Commission or any other Federal official.'';
(3) by redesignating section 8 as section 13;
(4) by striking section 7 and inserting the following:
``SEC. 7. BORDER HEALTH GRANTS.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, public institution of higher education, local
government, Indian tribe, tribal organization, urban Indian
organization, nonprofit health organization, trauma center, or
community health center receiving assistance under section 330 of the
Public Health Service Act (42 U.S.C. 254b), that is located in the
border area.
``(b) Authorization.--From amounts appropriated under section 12,
the Secretary, acting through the Commissioners, shall award grants to
eligible entities to address priorities and recommendations outlined by
the Commission's Strategic and Operational Plans, as authorized under
section 9, to improve the health of border area residents.
``(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for--
``(1) programs relating to--
``(A) maternal and child health;
``(B) primary care and preventative health;
``(C) infectious disease testing and monitoring;
``(D) public health and public health
infrastructure;
``(E) health promotion;
``(F) oral health;
``(G) behavioral and mental health;
``(H) substance abuse;
``(I) health conditions that have a high prevalence
in the border area;
``(J) medical and health services research;
``(K) workforce training and development;
``(L) community health workers or promotoras;
``(M) health care infrastructure problems in the
border area (including planning and construction
grants);
``(N) health disparities in the border area;
``(O) environmental health;
``(P) health education;
``(Q) outreach and enrollment services with respect
to Federal programs (including programs authorized
under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 and 1397aa));
``(R) trauma care;
``(S) health research with an emphasis on
infectious disease;
``(T) epidemiology and health research;
``(U) cross-border health surveillance coordinated
with Mexican Health Authorities;
``(V) obesity, particularly childhood obesity;
``(W) crisis communication, domestic violence,
substance abuse, health literacy, and cancer; or
``(X) community-based participatory research on
border health issues; or
``(2) other programs determined appropriate by the
Secretary.
``(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).
``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE
(EWIDS) PROJECTS IN THE BORDER AREA.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, local government, Indian tribe, tribal
organization, urban Indian organization, trauma centers, regional
trauma center coordinating entity, or public health entity.
``(b) Authorization.--From funds appropriated under section 12, the
Secretary shall award grants under the Early Warning Infectious Disease
Surveillance (EWIDS) project to eligible entities for infectious
disease surveillance activities in the border area.
``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Uses of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds to, in coordination with
State and local all hazards programs--
``(1) develop and implement infectious disease surveillance
plans and readiness assessments and purchase items necessary
for such plans;
``(2) coordinate infectious disease surveillance planning
in the region with appropriate United States-based agencies and
organizations as well as appropriate authorities in Mexico or
Canada;
``(3) improve infrastructure, including surge capacity,
syndromic surveillance, laboratory capacity, and isolation/
decontamination capacity;
``(4) create a health alert network, including risk
communication and information dissemination;
``(5) educate and train clinicians, epidemiologists,
laboratories, and emergency personnel;
``(6) implement electronic data systems to coordinate the
triage, transportation, and treatment of multi-casualty
incident victims;
``(7) provide infectious disease testing in the border
area; and
``(8) carry out such other activities identified by the
Secretary, the United States-Mexico Border Health Commission,
State and local public health offices, and border health
offices at the United States-Mexico or United States-Canada
borders.
``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.
``(a) Strategic Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, and every 5 years thereafter, the
Commission (including the participation of members of both the
United States and Mexican sections) shall prepare a binational
strategic plan to guide the operations of the Commission and
submit such plan to the Secretary and Congress (and the Mexican
legislature).
``(2) Requirements.--The binational strategic plan under
paragraph (1) shall include--
``(A) health-related priority areas determined most
important by the full membership of the Commission;
``(B) recommendations for goals, objectives,
strategies and actions designed to address such
priority areas; and
``(C) a proposed evaluation framework with output
and outcome indicators appropriate to gauge progress
toward meeting the objectives and priorities of the
Commission.
``(b) Work Plan.--Not later than January 1, 2012, and every other
January 1 thereafter, the Commission shall develop and approve an
operational work plan and budget based on the strategic plan under
subsection (a). At the end of each such work plan cycle, the Government
Accountability Office shall conduct an evaluation of the activities
conducted by the Commission based on output and outcome indicators
included in the strategic plan. The evaluation shall include a request
for written evaluations from the commissioners about barriers and
facilitators to executing successfully the Commission work plan.
``(c) Biannual Reporting.--The Commission shall issue a biannual
report to the Secretary which provides independent policy
recommendations related to border health issues. Not later than 3
months following receipt of each such biannual report, the Secretary
shall provide the report and any studies or other material produced
independently by the Commission to Congress.
``(d) Audits.--The Secretary shall annually prepare an audited
financial report to account for all appropriated assets expended by the
Commission to address both the strategic and operational work plans for
the year involved.
``(e) By-Laws.--Not less than 6 months after the date of enactment
of this section, the Commission shall develop and approve bylaws to
provide fully for compliance with the requirements of this section.
``(f) Transmittal to Congress.--The Commission shall submit copies
of the work plan and by-laws to Congress. The Government Accountability
Office shall submit a copy of the evaluation to Congress.
``SEC. 10. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH INSURANCE.
``(a) In General.--The Secretary shall enter into a contract with
the Institute of Medicine for the conduct of a study concerning
binational health infrastructure (including trauma and emergency care)
and health insurance efforts. In conducting such study, the Institute
shall solicit input from border health experts and health insurance
issuers.
``(b) Report.--Not later than 1 year after the date on which the
Secretary enters into the contract under subsection (a), the Institute
of Medicine shall submit to the Secretary and the appropriate
committees of Congress a report concerning the study conducted under
such contract. Such report shall include the recommendations of the
Institute on ways to establish, expand, or improve binational health
infrastructure and health insurance efforts.
``SEC. 11. COORDINATION.
``(a) In General.--To the extent practicable and appropriate,
plans, systems and activities to be funded (or supported) under this
Act for all hazard preparedness, and general border health, should be
coordinated with Federal, State, and local authorities in Mexico and
the United States.
``(b) Coordination of Health Services and Surveillance.--The
Secretary may coordinate with the Secretary of Homeland Security in
establishing a health alert system that--
``(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the border area;
and
``(2) is alerted to signs of health threats, disasters of
mass scale, or bioterrorism along the border area.
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
$31,000,000 for fiscal year 2012 and each succeeding year subject to
the availability of appropriations for such purpose. Of the amount
appropriated for each fiscal year, at least $1,000,000 shall be made
available to fund operationally feasible functions and activities with
respect to Mexico. The remaining funds shall be allocated for the
administration of United States activities under this Act, border
health activities under cooperative agreements with the border health
offices of the States of California, Arizona, New Mexico, and Texas,
the border health and EWIDS grant programs, and the Institute of
Medicine and Government Accountability Office reports.''; and
(5) in section 13 (as so redesignated)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2), the
following:
``(3) Indians; indian tribe; tribal organization; urban
indian organization.--The terms `Indian', `Indian tribe',
`tribal organization', and `urban Indian organization' have the
meanings given such terms in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603).''. | Border Health Security Act of 2011 - Amends the United States-Mexico Border Health Commission Act to revise the duties of the United States-Mexico Border Health Commission to include serving as an independent and objective body to both recommend and implement initiatives that solve border health issues.
Authorizes a member of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission.
Requires the Secretary of Health and Human Services (HHS), acting through the Commissioners, to award grants to eligible entities to improve the health of border residents.
Requires the Secretary to award grants under the Early Warning Infectious Disease Surveillance project to eligible entities for infection disease surveillance activities in the border area.
Requires the Commission to: (1) prepare a binational strategic plan to guide the operations of the Commission, and (2) develop and approve an operational work plan and budget based on the strategic plan.
Requires the Government Accountability Office (GAO) to conduct an evaluation of Commission activitie.
Requires the Secretary to enter into a contract with the Institute of Medicine for a study concerning binational health infrastructure (including trauma and emergency care) and health insurance efforts.
Authorizes the Secretary to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the border area. | {"src": "billsum_train", "title": "A bill to establish grant programs to improve the health of border area residents and for all hazards preparedness in the border area including bioterrorism and infectious disease, and for other purposes."} | 3,038 | 335 | 0.572993 | 1.901621 | 0.708094 | 5.828767 | 9.863014 | 0.958904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi Benefits Termination Act of
1999''.
SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.
(a) In General.--Notwithstanding any other provision of law, an
individual who is determined under this Act to have been a participant
in Nazi persecution is not eligible for any Federal public benefit.
(b) Definitions.--In this Act:
(1) Federal public benefit.--The term ``Federal public
benefit'' shall have the meaning given such term by section
401(c)(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, but shall not include any benefit
described in section 401(b)(1) of such Act (and, for purposes
of applying such section 401(b)(1), the term ``alien'' shall be
considered to mean ``individual'').
(2) Participant in nazi persecution.--The term
``participant in Nazi persecution'' means an individual who--
(A) if an alien, is shown by a preponderance of the
evidence to fall within the class of persons who (if
present within the United States) would be deportable
under section 237(a)(4)(D) of the Immigration and
Nationality Act; or
(B) if a citizen, is shown by a preponderance of
the evidence--
(i) to have procured citizenship illegally
or by concealment of a material fact or willful
misrepresentation within the meaning of section
340(a) of the Immigration and Nationality Act;
and
(ii) to have participated in Nazi
persecution within the meaning of section
212(a)(3)(E) of the Immigration and Nationality
Act.
SEC. 3. DETERMINATIONS.
(a) Hearing by Immigration Judge.--If the Attorney General has
reason to believe that an individual who has applied for or is
receiving a Federal public benefit may have been a participant in Nazi
persecution (within the meaning of section 2 of this Act), the Attorney
General may provide an opportunity for a hearing on the record with
respect to the matter. The Attorney General may delegate the conduct of
the hearing to an immigration judge appointed by the Attorney General
under section 101(b)(4) of the Immigration and Nationality Act.
(b) Procedure.--
(1) Right of respondents to appear.--
(A) Citizens, permanent resident aliens, and
persons present in the united states.--At a hearing
under this section, each respondent may appear in
person if the respondent is a United States citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated.
(B) Others.--A respondent who is not a citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated may appear by video conference.
(C) Rule of interpretation.--This Act shall not be
construed to permit the return to the United States of
an individual who is inadmissible under section
212(a)(3)(E) of the Immigration and Nationality Act.
(2) Other rights of respondents.--At a hearing under this
section, each respondent may be represented by counsel at no
expense to the Federal Government, present evidence, cross-
examine witnesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evidence.
(3) Rules of evidence.--Unless otherwise provided in this
Act, rules regarding the presentation of evidence in the
hearing shall apply in the same manner in which such rules
would apply in a removal proceeding before a United States
immigration judge under section 240 of the Immigration and
Nationality Act.
(c) Hearings, Findings and Conclusions, and Order.--
(1) Findings and conclusions.--Within 60 days after the end
of a hearing conducted under this section, the immigration
judge shall make findings of fact and conclusions of law with
respect to whether the respondent has been a participant in
Nazi persecution (within the meaning of section 2 of this Act).
(2) Order.--
(A) Finding that respondent has been a participant
in nazi persecution.--If the immigration judge finds,
by a preponderance of the evidence, that the respondent
has been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall promptly issue an order declaring the
respondent to be ineligible for any Federal public
benefit, and prohibiting any person from providing such
a benefit, directly or indirectly, to the respondent,
and shall transmit a copy of the order to any
governmental entity or person known to be so providing
such a benefit.
(B) Finding that respondent has not been a
participant in nazi persecution.--If the immigration
judge finds that there is insufficient evidence for a
finding under subparagraph (A) that a respondent has
been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall issue an order dismissing the proceeding.
(C) Effective date; limitation of liability.--
(i) Effective date.--An order issued
pursuant to subparagraph (A) shall be effective
on the date of issuance.
(ii) Limitation of liability.--
Notwithstanding clause (i), a person or entity
shall not be found to have provided a benefit
to an individual in violation of this Act until
the person or entity has received actual notice
of the issuance of an order under subparagraph
(A) with respect to the individual and has had
a reasonable opportunity to comply with the
order.
(d) Review by Attorney General; Service of Final Order.--
(1) Review by attorney general.--The Attorney General may,
in her discretion, review any finding or conclusion made, or
order issued, under subsection (c), and shall complete the
review not later than 30 days after the finding or conclusion
is so made, or order is so issued. Otherwise, the finding,
conclusion, or order shall be final.
(2) Service of final order.--The Attorney General shall
cause the findings of fact and conclusions of law made with
respect to any final order issued under this section, together
with a copy of the order, to be served on the respondent
involved.
(e) Judicial Review.--Any party aggrieved by a final order issued
under this section may obtain a review of the order by the United
States Court of Appeals for the Federal Circuit, by filing a petition
for such review not later than 30 days after the final order is issued.
(f) Issue and Claim Preclusion.--In any administrative or judicial
proceeding under this Act, the ordinary rules of issue preclusion and
claim preclusion shall apply.
SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT OVER APPEALS UNDER THIS ACT.
Section 1295(a) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) of an appeal from a final order issued under the
Nazi Benefits Termination Act of 1999.''. | Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit and to any governmental entity or person known to have received an application for benefits that has not been finally adjudicated.
Authorizes the Attorney General to review any finding or conclusion made, or order issued and to initiate any review within 30 days. Requires any order, finding, or conclusion to be final: (1) 30 days after it is issued if the Attorney General does not initiate such a review; or (2) either upon the issuance of a decision by the Attorney General or 90 days after the order, finding, or conclusion is issued, whichever is earlier, if the Attorney General does initiate a review.
Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit by filing a petition for such review no later than 30 days after the final order becomes final, or completion of any review by the Attorney General, whichever is later. | {"src": "billsum_train", "title": "Nazi Benefits Termination Act of 1999"} | 1,634 | 302 | 0.477758 | 1.525061 | 0.671832 | 3.693182 | 5.465909 | 0.905303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(2) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as a state sponsor of terrorism.
(3) Although the Secretary of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that the Secretary lists as a state
sponsor of terrorism.
(4) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine-General Command, maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(5) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(6) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon, thereby
exerting undue influence upon its government and undermining
its political independence.
(7) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions calling for the withdrawal
of Syrian armed forces from Lebanon.
(8) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(9) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(10) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land. Syria also permits
attacks on civilian targets in Israel.
(11) Syria will not allow Lebanon, a sovereign country, to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(12) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah, which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(13) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(14) In the State of the Union address on January 29, 2002,
President George W. Bush declared that the United States will
``work closely with our coalition to deny terrorists and their
state sponsors the materials, technology, and expertise to make
and deliver weapons of mass destruction''.
(15) The Government of Syria continues to develop and
deploy short- and medium-range ballistic missiles.
(16) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(17) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent
authorized by other relevant resolutions.
(18) Syrian President Bashar Assad promised the Secretary
of State in February 2001 to end violations of Security Council
Resolution 661 but this pledge has not been fulfilled.
(19) In direct violation of United Nations Sanctions, Syria
has been importing 200,000 barrels of Iraqi oil on a daily
basis since 2000, which has provided Iraq with up to
$1,200,000,000 annually.
(20) There are reports that Syria is pursuing the
development of chemical weapons, such as VX and Sarin, and is
harboring fugitive Iraqi officials.
(21) On April 20, 2003, President Bush said there were
positive signs that Syria will cooperate on the issue of
harboring fugitive Iraqi officials.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine-General Command;
(2) in accordance with United Nations Security Council
Resolution 520 (September 17, 1982), which calls for the strict
respect for Lebanon's sovereignty and territorial integrity,
the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm schedule for such withdrawal;
(3) the Government of Syria should halt the development and
deployment of short- and medium-range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(4) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(5) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(6) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Syria should bear responsibility for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(2) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(3) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(4) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(5) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(6) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(7) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national interests of the United States;
(8) Syria has violated United Nations Security Council
Resolution 661 (August 6, 1990) and subsequent relevant
resolutions by purchasing oil from Iraq; and
(9) the United States will restrict assistance to Syria and
will oppose multilateral assistance for Syria until Syria
withdraws its armed forces from Lebanon, halts the development
and deployment of weapons of mass destruction and ballistic
missiles, and complies with Security Council Resolution 661 and
subsequent relevant resolutions.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Sanctions.--Unless the President makes the certification
described in subsection (d), the President shall take the following
actions:
(1) Prohibit the export to Syria, and prohibit the issuance
of a license for the export to Syria, of--
(A) any defense articles or defense services for
which special export controls are warranted under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), as
identified on the United States Munitions List
maintained under section 121.1 of title 22, Code of
Federal Regulations; and
(B) any item identified on the Commerce Control
List maintained under part 774 of title 15, Code of
Federal Regulations.
(2) Impose two or more of the following sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict travel of Syrian diplomats assigned to
Washington, District of Columbia or the United Nations
in New York, New York, to a 25-mile radius of
Washington or the United Nations headquarters building,
respectively.
(D) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(E) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of paragraph
(2) of subsection (a) if--
(1) the President determines that it is in the national
security interest of the United States to do so; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for such determination.
(c) Authority To Provide Assistance to Syria and Lebanon.--The
President is authorized to provide assistance to Syria and Lebanon
under chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) (relating to development assistance), if the
President--
(1) makes the certification described in subsection (d);
(2) determines that substantial progress has been made in
negotiations aimed at achieving--
(A) a peace agreement between Israel and Syria; and
(B) a peace agreement between Israel and Lebanon;
and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982).
(d) Certification.--The President shall transmit to the appropriate
congressional committees a certification of any determination made by
the President that--
(1) the Government of Syria does not--
(A) provide support for international terrorist
groups; and
(B) allow terrorist groups, such as Hamas,
Hizballah, the Popular Front for the Liberation of
Palestine, and the Popular Front for the Liberation of
Palestine--General Command to maintain facilities in
Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 or a subsequent
relevant United Nations resolution.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
President makes the certification described in section 5(d), the
Secretary of State shall submit to the appropriate congressional
committees a report on--
(1) the progress made by the Government of Syria toward
meeting the conditions described in paragraphs (1) through (4)
of section 5(d); and
(2) any connection between individual terrorists and
terrorist groups that maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives. | Syria Accountability Act of 2003 - Declares the sense of Congress that: (1) Syria should halt support for terrorism, withdraw armed forces from Lebanon, stop develpment of ballistic missiles and biological and chemical weapons, and halt imports and transshipments of Iraqi oil; (2) Lebanon and Syria should enter into bilateral negotiations for peace with Israel; and (3) the United States should continue to provide humanitarian assistance to Lebanon only through private and international organizations until the Government of Lebanon asserts sovereignty over its borders.
Declares U.S. policy that Syria: (1) will be listed as a state sponsor of terrorism until it stops supporting terrorism; (2) is in violation of United Nations Security Council Resolution 520 through its continued occupation of Lebanese territory; and (3) has violated Resolution 661 by purchasing oil from Iraq. Declares that restoration of Lebanon's sovereignty is in the U.S. national interest.
Requires the President, unless the President certifies that Syria does not support international terrorist groups or allow them to maintain facilities in Syria, has withdrawn all security personnel from Lebanon, has ceased the development of ballistic missiles and biological and chemical weapons, and is no longer violating Resolution 661, to: (1) prohibit the export to Syria of specified defense articles or services and items on the Commerce Control List; and (2) impose two or more of specified sanctions (including prohibiting U.S. exports to, or U.S. businesses investments or operations in, Syria).
Authorizes the President to provide development assistance to Syria and Lebanon if the President: (1) makes that certification; (2) determines that progress has been made toward negotiating peace agreements between Israel, Syria, and Lebanon; and (3) determines that Syria is strictly respecting Lebanon's sovereignty. | {"src": "billsum_train", "title": "A bill to halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil, and hold Syria accountable for its role in the Middle East, and for other purposes."} | 2,807 | 378 | 0.639376 | 1.98866 | 0.75991 | 3.154303 | 8.133531 | 0.922849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raise And Index to Sustainably and
Efficiently Invest in Transportation Act of 2017'' or the ``RAISE IT
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Since the passage of SAFETEA-LU, Congress has
transferred over $140 billion from the General Fund to the
Highway Trust Fund, in order to maintain solvency.
(2) The Congressional Budget Office estimates after the end
of Fiscal year 2021, annual General Fund transfers of over $20
billion will be necessary in order to maintain current Highway
Trust Fund spending levels.
(3) The American Society for Civil Engineers estimates that
in order to meet our economic and transportation needs, the
United States should invest an additional $1.1 trillion in our
surface transportation system by 2025.
(4) The National Commission on Fiscal Reform and
Responsibility report, often referred to as the ``Simpson-
Bowles'' plan, includes a recommendation to raise the gas tax
by fifteen cents.
(5) The National Surface Transportation Infrastructure
Financing Commission recommended, in their 2009 report, that
Congress take action to prevent the Highway Trust Fund from
becoming insolvent, and to avoid any reductions in
infrastructure spending. The Commission also noted that a
Federal funding system based on a vehicle miles traveled
system, is the consensus choice for the future.
(6) Nine different states raised gas taxes to generate
transportation revenue in 2015 and 2016.
(b) Sense of Congress Regarding Replacement of Gas Tax.--It is the
sense of Congress that by 2027 the gas tax should be repealed and
replaced with a more sustainable, stable funding source.
SEC. 3. TAX ON MOTOR FUELS.
(a) Gasoline Other Than Aviation Gasoline.--Section
4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(i) in the case of gasoline other than
aviation gasoline--
``(I) for tax imposed before 2018,
18.3 cents per gallon,
``(II) for tax imposed during 2018,
26.3 cents per gallon,
``(III) for tax imposed during
2019, 30.3 cents per gallon, and
``(IV) for tax imposed after 2019
and before 2030, 33.3 cents per
gallon,''.
(b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(iii) in the case of diesel fuel or
kerosene--
``(I) for tax imposed before 2018,
24.3 cents per gallon,
``(II) for tax imposed during 2018,
32.3 cents per gallon,
``(III) for tax imposed during
2019, 36.3 cents per gallon, and
``(IV) for tax imposed after 2019
and before 2029, 39.3 cents per
gallon,''.
(c) Increase for Inflation.--Paragraph (2) of section 4081(a) of
such Code is amended by adding at the end the following:
``(E) Adjustment for inflation.--In the case of any
calendar year beginning after 2019, the rates of tax
contained in clauses (i)(IV) and (iii)(IV) of
subparagraph (A) shall each be increased by an amount
equal to--
``(i) such rate, multiplied by
``(ii) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2018' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase under the preceding sentence shall be
rounded to the nearest 0.1 cents.''.
(d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the
Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for
``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate
in effect under subparagraph (A) (without regard to this
subparagraph)''.
(e) Termination.--Section 4081(d)(1) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2022'' and inserting
``December 31, 2028''.
(f) Allocation in Accounts in Highway Trust Fund.--
(1) In general.--Section 9503(e)(2)(A) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(A) except as otherwise provided in this
sentence--
``(i) 2.86 cents per gallon with respect to
taxes imposed during calendar year 2017,
``(ii) 3.86 cents per gallon with respect
to taxes imposed during calendar year 2018,
``(iii) 4.86 cents per gallon with respect
to taxes imposed during calendar year 2019, and
``(iv) 5.86 cents per gallon with respect
to taxes imposed after calendar year 2019,''.
(2) Adjustment for inflation.--Section 9503(e) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Adjustment for inflation.--In the case of any
calendar year beginning after 2019, the rate of tax contained
in paragraph (2)(A)(iv) shall be increased by an amount equal
to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2018' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(g) Effective Date.--The amendments made by this section shall
apply to fuels or liquids removed, entered, or sold after December 31,
2017.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such liquid under section 4041 or 4081 of the Internal
Revenue Code of 1986 had the taxable event occurred on the floor stocks
tax date over the tax paid under any such section on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as held
by a person if title thereto has passed to such person (whether
or not delivery to the person has been made).
(2) Taxable liquid.--The term ``taxable liquid'' means
diesel fuel and kerosene (other than aviation-grade kerosene).
(3) Floor stocks date.--The term ``floor stocks tax date''
means any January 1 of any calendar year beginning after the
date of the enactment of this Act on which a rate of tax under
section 4041 or 4081 of such Code increases pursuant to an
amendment made by section 2.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (A)
on any liquid held on the floor stocks tax date by any person
if the aggregate amount of liquid held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of this
paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of clause (i)
shall apply to a group of persons under common control
where one or more of such persons is not a corporation.
(g) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by chapter 31
or 32 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this section, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such chapter. | Raise And Index to Sustainably and Efficiently Invest in Transportation Act of 2017 or the RAISE IT Act This bill expresses the sense of Congress that by 2027 the gas tax should be repealed and replaced with a more sustainable, stable funding source. The bill amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: gasoline other than aviation gasoline to 26.3 cents per gallon in 2018, 30.3 cents per gallon in 2019, and 33.3 cents per gallon after 2019 and before 2030; diesel fuel or kerosene to 32.3 cents per gallon in 2018, 36.3 cents per gallon in 2019, and 39.3 cents per gallon after 2019 and before 2029; and diesel-water fuel emulsion. The bill delays the termination of such increased rates from the end of FY2022 to December 31, 2028, and requires an adjustment for inflation to such increased rates beginning after 2019. It also: (1) increases allocations in the Mass Transit Account of the Highway Trust Fund in 2018, 2019, and after 2019; and (2) imposes a floor stocks tax on rate increases for gasoline, diesel fuel, and kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers. | {"src": "billsum_train", "title": "Raise And Index to Sustainably and Efficiently Invest in Transportation Act of 2017"} | 2,305 | 312 | 0.608545 | 1.948293 | 0.744687 | 3.036585 | 8.219512 | 0.873984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Information
Infrastructure Act of 2003''.
SEC. 2. NATIONAL HEALTH INFORMATION INFRASTRUCTURE.
(a) National Health Information Officer.--
(1) Appointment.--By not later than 6 months after the date
of the enactment of this Act, the Secretary of Health and Human
Services (in this Act referred to as the ``Secretary'') shall
appoint an individual as the National Health Information
Officer for the Department of Health and Human Services.
(2) General duties.--Such Officer shall report directly to
the Secretary and shall be responsible for developing and
maintaining ongoing national leadership in the planning,
development, and adoption of a national health information
infrastructure. The Secretary may assign to the Officer other
duties that would promote the goals of this Act.
(3) Strategic plan.--Not later than 6 months after the date
of the enactment of this Act, the National Health Information
Officer shall, in cooperation with key stakeholders, develop a
strategic plan to create a comprehensive national health
information infrastructure that encompasses public-sector and
private-sector health information activities. Such plans shall
include a national agenda to guide policymaking, technology
investments, research, and integration with ongoing public
health, healthcare, and health information technology
activities and a timeline for the specific duties described in
subsection (d)(1).
(4) Limited term of office.--The National Health
Information Officer shall serve for a term of 5 years, after
which, unless extended by Act of Congress, the office shall
terminate.
(b) Goals.--The goals of the national health information
infrastructure are--
(1) to maximize positive outcomes in clinical care;
(2) to minimize preventable medical errors, especially in
hospitals and in the administration of contraindicated drugs;
(3) to reduce redundant paperwork, such as the repeated
taking of patient histories;
(4) to decrease costs from duplicative or otherwise
unnecessary testing or procedures; and
(5) to establish a compatible information technology
architecture that increases health care quality and cost-
savings, enhances security of information, and avoids the
financing and development of health information technology
systems that are not readily compatible.
(c) Collaboration With Stakeholders.--
(1) In general.--The Secretary shall assure that activities
of the Department of Health and Human Services that relate to
the national health information infrastructure are undertaken
after consultation with and based on the recommendations of the
parties described in paragraph (3).
(2) Periodic meetings.--The Secretary, through the National
Health Information Officer, shall convene as a group the
parties described in paragraph (3). Such group shall meet
periodically and collaborate to make recommendations to such
Officer and the Secretary on the matters described in
subsection (d).
(3) Parties represented.--The parties described in this
paragraph are experts from the fields of medical information,
information technology, medical continuous quality improvement,
and medical records security and privacy, appropriate staff
experts from Federal agencies (including those within the
Department of Health and Human Services) and representatives of
the following:
(A) The National Committee on Vital and Health
Statistics, the National Institutes of Standards and
Technology, the National Library of Medicine, and the
Agency for Healthcare Research and Quality.
(B) Individual and institutional health care
clinical providers, including a teaching hospital and
physicians.
(C) Clinical and health services researchers.
(D) Health care purchasers.
(E) Private organizations with expertise in medical
informatics.
(F) Patient groups.
(G) A State or local public health department.
(H) The health care information technology industry
and national alliances formed to achieve standards-
based health care information systems.
(d) Duties.--In carrying out subsection (a), the National Health
Information Officer shall advise the Secretary on the following, in
order to promote the goals described in subsection (b):
(1)(A) Not later than 1 year after the date of the
enactment of this Act, an assessment of--
(i) the best current practices in the development,
purchase, and maintenance of medical information
technology; and
(ii) currently existing legal requirements for
communication standards.
(B) Not later than 2 years after the date of the enactment
of this Act, recommendations for a uniform health information
system interface, and methods for its adoption, to ensure
compatibility between and among old and new information
systems.
(C) Recommendations for health and healthcare data
standards (such as vocabulary and messaging), communications
standards, and other medical standards (including a common
lexicon) necessary to achieve the interoperability of health
information systems.
(2) Coordination of the evolution of the national health
information infrastructure and working with other key
stakeholders in the public and private sectors to develop a
strategic plan that will ensure the interoperability of all
elements of such infrastructure.
(3) Coordination of spending across Federal agencies
relating to the establishment of such infrastructure.
(4) Development of policies to ensure compliance with all
standards adopted under part C of title XI, including promotion
of patient control of protected health information.
(5) Avoidance of confusion and potential non-compliance
with currently existing legal requirements.
(e) Detail of Federal Employees.--Upon the request of the
Secretary, the head of any Federal agency is authorized to detail,
without reimbursement from the National Health Information Officer, any
of the personnel of such agency to such Officer to assist the Officer
in carrying out duties of the Officer under this section. Any such
detail shall not interrupt or otherwise affect the civil service status
or privileges of the Federal employee.
(f) Use of Funds Consistent With National Agenda.--The Secretary
shall develop a process (such as requiring the approval of the National
Health Information Officer) to assure that to the greatest extent
feasible funds of the Department of Health and Human Services granted
or spent for health information systems are used to further the
national agenda developed pursuant to subsection (a)(3).
(g) Authorization of Appropriations and Sunset.--There are
authorized to be appropriated such sums as may be necessary for each
fiscal year beginning with fiscal year 2004 to carry out this section.
SEC. 3. DATA AND COMMUNICATIONS STANDARDS FOR INTEROPERABILITY.
(a) In General.--Based on the recommendations provided under
section 2(d)(1)(B), the Secretary shall develop or adopt (and shall
periodically review and update) voluntary, national data and
communications standards that promote the interoperability of health
information technology systems across all public and private health
care settings. The Secretary shall ensure thorough testing of data and
communications standards before their implementation. In developing or
adopting such standards, the Secretary shall take into account--
(1) the ability of such standards to enable clinically-
specific data collection in order to promote evidence-based
medicine and the electronic exchange of patient medical record
information; and
(2) the costs of compliance and the savings and other
benefits from improved efficiency and quality in health care
delivery.
(b) Reports.--
(1) Initial report.--No later than 12 months after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report that includes a comprehensive national health
information infrastructure strategic plan and information on
progress on the assessments, the recommendations for the
interface, and the recommendations for standards, under section
2(d).
(2) Subsequent reports.--During each of the 2 years after
the year in which the report is submitted under paragraph (1),
the Secretary shall submit to Congress an annual report
relating to additional recommendations, best practices, results
of information technology improvements, analyses of private
sector efforts to implement the data and communications
standards established under this section, and such other
matters as may help ensure the most rapid dissemination of best
practices in health care information technology.
(c) Contract Authority.--The Secretary is authorized to enter into
contracts--
(1) for services and activities necessary to carry out this
section and section 2; and
(2) to the extent practicable, to test the standards under
consideration under this section.
(d) Dissemination.--The Secretary shall provide for the reviewing,
updating, and disseminating the standards developed under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal year
beginning with fiscal year 2004 to carry out this section. | National Health Information Infrastructure Act of 2003 - Directs the Secretary of Health and Human Services to appoint a National Health Information Officer (the Officer) for the Department of Health and Human Services to maintain national leadership in the planning, development, and adoption of a national health information infrastructure (the infrastructure). Directs the Officer, in cooperation with key stakeholders, to develop a strategic plan for such infrastructure which shall contain various components, including a national agenda to guide policymaking, technology investments, and research.
Specifies certain goals for the infrastructure, which include minimizing preventable medical errors and reducing redundant paperwork. Directs the Officer to advise the Secretary on various topics, including to help make an assessment of the best current practices in the development, purchase, and maintenance of medical information technology.
Directs the Secretary to develop or adopt (and to periodically update) voluntary, national data and communications standards that promote the interoperability of health information technology systems across all public and private health care settings.
Allows the Secretary to: (1) enter into contracts to carry out this Act; and (2) test potential national data and communications standards. | {"src": "billsum_train", "title": "To provide for a National Health Information Infrastructure and data and communication standards for health Information system interoperability."} | 1,769 | 234 | 0.66396 | 1.862941 | 1.117378 | 3.949772 | 7.86758 | 0.926941 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Service for School Act of 2005''.
SECTION 2. PURPOSE.
The purpose of this Act is to provide Federal tuition assistance to
undergraduate students attending eligible institutions in exchange for
a commitment to perform National service.
SEC. 3. TUITION ASSISTANCE AUTHORIZED.
(a) Service for School Tuition Assistance Authorized.--The
Secretary is authorized to pay, in accordance with subsection (b), to
each Service for School participant for each academic year during which
such participant is in attendance at an eligible institution as an
undergraduate, tuition assistance in an amount not more than the amount
such participant elects to receive in the Service for School agreement.
The authority to pay tuition assistance under this Act shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in appropriations Acts.
(b) Distribution of Tuition Assistance to Students.--Tuition
assistance payments under this Act shall be made in accordance with
regulations promulgated by the Secretary for such purpose and in such
manner as will best accomplish the purpose of this Act.
SEC. 4. APPLICATION; ELIGIBILITY.
(a) Application.--The Secretary shall from time to time set dates
by which eligible individuals shall file applications for tuition
assistance under this Act. Each eligible individual desiring to be a
Service for School participant for any year shall file an application
with the Secretary containing such information and assurances as the
Secretary may deem necessary to carry out the purpose of this Act.
(b) Eligibility.--An individual shall be eligible to apply for
tuition assistance under this Act if the individual--
(1) is enrolled or accepted for enrollment in an
educational program at an eligible institution, as defined in
section 10, for which such institution awards an associate's or
a bachelors' degree; and
(2) enters into a Service for School agreement with the
Secretary under section 6.
SEC. 5. PARTICIPANT SELECTION.
(a) Selection.--Each academic year, the Secretary shall select
Service for School participants from the applications received from
eligible individuals under section 4.
(b) Priority.--The Secretary shall give priority to those eligible
individuals who demonstrate the greatest financial need.
SEC. 6. SERVICE FOR SCHOOL AGREEMENT.
(a) Agreement Terms.--The Service for School agreement shall--
(1) require that any participant that receives tuition
assistance under this Act shall complete--
(A) one calendar year of full-time National service
for each academic year during which the participant
received the maximum amount of tuition assistance under
section 7;
(B) two calendar years of part-time National
service for each academic year during which the
participant received the maximum amount of tuition
assistance under section 7; or
(C) in the case of an academic year during which
the participant received less than the maximum amount
of tuition assistance under section 7, National service
for a period equivalent to the amount of tuition
assistance received for such academic year, as
determined by the Secretary;
(2) include the amount of tuition assistance requested by
the eligible individual for that academic year, not to exceed
the maximum amount of tuition assistance under section 7;
(3) require that a participant begin to perform such
National service no later than 12 months after the date of
graduation (or permanent departure) from an eligible
institution;
(4) require that a participant complete such National
service not later than 10 years after the date of graduation
(or permanent departure) from an eligible institution;
(5) provide that a participant shall not be considered to
have permanently departed from an institution if the
participant, in a manner and under the terms established by and
with the approval of the Secretary, transfers to another
eligible institution, or postpones or interrupts enrollment at
an eligible institution for not more than 12 months;
(6) provide that a participant may appeal to the Secretary
for an extension of the time requirements under paragraphs (3)
and (4), and that the Secretary may waive such requirements for
exceptional circumstances or hardship;
(7) provide that, in the event that a participant fails to
abide by the terms of the agreement, the participant shall
repay any Federal tuition assistance received by the
participant for which the participant did not perform the
required National service, as determined by the Secretary; and
(8) provide that such Service for School agreement shall be
null and void if the eligible individual is not selected by the
Secretary to be a Service for School participant for academic
year for which the application is submitted.
(b) Duration of Agreement; Renewal.--A Service for School agreement
shall be made for only one academic year of tuition assistance at a
time. Such agreement shall be renewable on an annual basis if the
participant remains eligible. A participant may revise annually the
amount of tuition assistance requested (in accordance with subsection
(a)(2)).
SEC. 7. TUITION ASSISTANCE.
(a) Maximum Amount of Tuition Assistance.--For each academic year,
a Service for School participant shall be eligible to receive tuition
assistance in an amount not to exceed the lesser of--
(1) the average total tuition and fees for full-time
students for a complete academic year at four-year public
colleges and universities, as determined annually by the
College Board, for the most recent academic year for which data
is available; or
(2) such participant's cost of attendance, as defined under
section 472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll).
(b) Election of Reduced Tuition Assistance.--A Service for School
participant may elect to receive less than the maximum amount of
tuition assistance in exchange for a reduced requirement to perform
National service (in accordance with section 6(a)(1)(C)).
(c) Form of Tuition Assistance.--The tuition assistance provided to
a Service for School participant under this Act shall be in the form of
grants, remissions of expenses, or such other form as the Secretary
considers appropriate.
SEC. 8. COLLECTION AND WAIVER AUTHORITY.
(a) Collection by the Secretary.--The Secretary shall have the
authority to collect amounts owed by a Service for School participant
under section 6(a)(7). The Secretary may, for the purpose of collection
of such amounts, exercise the authorities conferred on the Secretary by
sections 467 and 468 of the Higher Education Act of 1965 (20 U.S.C.
1087gg and 1087hh) with respect to the collection of defaulted loans
under part E of title IV of such Act. Amounts collected under this
subsection shall remain available to the Secretary for making tuition
assistance payments under this Act during the succeeding fiscal year.
(b) Waiver for Exceptional Circumstances.--The Secretary may waive
the National service performance requirement under section 6(a)(1), and
the repayment requirement under section 6(a)(7), if exceptional
circumstances such as illness or death prevent a Service for School
participant from meeting such requirements.
SEC. 9. REGULATIONS.
The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this Act, including any
regulations necessary to verify completion by the participants of the
terms of the Service for School agreement under section 6.
SEC. 10. DEFINITIONS.
In this Act:
(1) National service.--The term ``National service'' means
service in--
(A) the Armed Forces (as defined under 10 U.S.C.
101), including service on active duty and service in
the National Guard or a reserve component of the Armed
Forces;
(B) the Peace Corps;
(C) any AmeriCorps-sponsored program, including
City Year and Teach for America;
(D) any Citizen Corps program;
(E) any USA Freedom Corps program; or
(F) any program specifically authorized as such by
the Secretary for the purpose of this Act.
(2) Eligible institution.--The term ``eligible
institution'' means an institution of higher education as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Full-time national service.--The term ``full-time
National service'' means the performance of National service
for not less than 40 hours per week, including active duty in
the Armed Forces.
(4) Part-time national service.--The term ``part-time
National service'' means the performance of National service
for less than 40 hours per week, but not less than 40 hours per
month, including service in the National Guard and in a reserve
component of the Armed Forces.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States. | Service for School Act of 2005 - Authorizes the Secretary of Education to provide tuition assistance to undergraduate students attending eligible institutions of higher education in exchange for a commitment to perform national service. | {"src": "billsum_train", "title": "To provide tuition assistance to undergraduate students in exchange for the performance of National service."} | 1,933 | 40 | 0.599114 | 1.29311 | 0.769389 | 4.114286 | 52.085714 | 0.971429 |
of Disapproval.--
``(1) In general.--Except as provided in subsection (b)(2),
the debt limit shall not be increased under this section if,
within 15 calendar days after Congress receives the
certification described in subsection (a)(1) (regardless of
whether Congress is in session), there is enacted into law a
joint resolution disapproving the President's exercise of
authority with respect to such increase.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A) that is introduced between the date a
certification described in subsection (a)(1) is
received and 3 calendar days after that date;
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to increase the debt
limit, as submitted under section 3101B of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to increase the
debt limit, as exercised pursuant to the certification
submitted under section 3101B(a) of title 31, United
States Code, on ______.' (with the blank containing the
date of such submission).
``(d) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(1), 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
certification.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House without amendment not later than 5
calendar days after the date of introduction of the joint
resolution. 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.
``(3) Proceeding to consideration.--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 introduction of
the joint resolution, 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 a joint resolution
addressing a particular submission. 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.
``(4) Consideration.--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. An amendment to the joint resolution or a
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(e) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification under
subsection (a)(1), 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
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a certification under
subsection (a)(1) and ending on the sixth day after the
date of introduction of a joint resolution (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.
``(B) Consideration.--Consideration of 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.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--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.
``(f) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(g) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House, except that the vote on final
passage shall be on the joint resolution of the other
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) In general.--If Congress passes a joint
resolution, the period beginning on the date the
President is presented with the joint resolution and
ending on the date the President signs, allows to
become law without his signature, or vetoes and returns
the joint resolution (but excluding days when either
House is not in session) shall be disregarded in
computing the calendar day period described in
subsection (b)(1) or subsection (c)(1).
``(B) Debate.--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.
``(5) Veto override.--If within the calendar day period
described in subsection (c)(1), Congress overrides a veto of a
joint resolution, except as provided in subsection (b)(2), the
limit on debt provided in section 3101(b) shall not be raised
under this section.
``(h) Rules of House of Representatives and Senate.--This
subsection and subsections (c), (d), (e), (f), and (g) are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Conforming Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3101A the following:
``3101B. Additional Presidential modification of the debt ceiling.''. | Pay Our Bills Act - Authorizes an extension of the presidential authority to modify the public debt ceiling (subject to enactment of a congressional joint resolution of disapproval). Authorizes the Secretary of the Treasury to borrow an additional amount required to meet existing commitments if the President certifies to Congress that the public debt is within $100 billion of the current limit and that further borrowing is required. (The debt limit was $16.699 trillion before its suspension in the Continuing Appropriations Act, FY2014 [P.L. 113-46].) Authorizes Congress to use current requirements for expedited consideration of the joint resolution. Increases the debt limit by the certified amount if the time for disaproval has lapsed without enactment of the joint resolution. Suspends the debt limit for the period beginning on the date on which the President submits such a certification to Congress and ending on the earlier of: 15 calendar days after Congress receives the certification, or enactment of a joint resolution disapproving the President's exercise of authority for the debt limit under that certification. Increases the debt limit, effective on the day after the certification is submitted, to the extent that: the face amount of public debt obligations and those whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary) outstanding on the day after such date exceeds the face amount of such obligations outstanding on the date the President certifies Congress. Excludes from such formula any obligation whose issuance was not necessary to fund a commitment that required payment before the day after the certification is submitted to Congress. Prohibits the debt limit from being increased if a joint resolution of disapproval is enacted within 15 days after receipt by Congress (in session or not) of a presidential certification that the public debt is within $100 billion of the current limit. Provides for expedited consideration of such a joint resolution in the House and Senate. | {"src": "billsum_train", "title": "Pay Our Bills Act"} | 2,084 | 427 | 0.622542 | 1.895949 | 0.683594 | 1.710306 | 5.454039 | 0.707521 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Ocean Protection Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the coast of California possesses unique historical,
ecological, educational, recreational, economic, and research
values that are appropriate for protection under Federal law;
(2) the threat to the coast of California, a national
treasure, continues to intensify as a result of fossil fuel
exploration and development, mineral extraction, and the
burning and dumping of toxic and hazardous wastes;
(3) the activities referred to in paragraph (2) could
result in irreparable damage to the coast of California; and
(4) the establishment of an ocean protection zone off the
coast of California would enhance recreational and commercial
fisheries, and the use of renewable resources within the zone.
SEC. 3. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.
There is hereby established a California Ocean Protection Zone. The
Zone consists of--
(1) waters of the Exclusive Economic Zone off the coast of
California that are outside the waters of the State of
California; and
(2) that portion of the outer Continental Shelf underlying
the waters.
SEC. 4. RESTRICTIONS.
(a) Mineral Exploration, Development, and Production.--
(1) Issuance of leases, permits, and licenses.--
Notwithstanding any other provision of law, the head of a
Federal agency may not issue a lease, permit, or license for
exploration for or development or production of minerals in or
from the Zone.
(2) Exploration, development, and production.--
(A) In general.--Notwithstanding any other
provision of law, a person may not engage in
exploration for or development or production of
minerals in or from the Zone after the date--
(i) of the cancellation, expiration,
transfer, relinquishment, or termination of a
lease, permit, or license in effect on the date
of enactment of this Act pursuant to which the
exploration, development, or production is
carried out;
(ii) of the suspension of operations
associated with the exploration, development,
or production under regulations described in
subparagraph (B); or
(iii) on which a lease, permit, or license
for the exploration, development, or production
in any way becomes inactive, as determined by
the Secretary of the Interior under regulations
described in subparagraph (B).
(B) Regulations.--The regulations referred to in
subparagraph (A) are those regulations implementing the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), as in effect on January 1, 1986.
(b) Ocean Incineration and Dumping.--Notwithstanding any other
provision of law, the head of a Federal agency may not issue a lease,
permit, or license for--
(1) ocean incineration or harmful ocean dumping within the
Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the Zone.
SEC. 5. FISHING.
This Act is not intended to regulate, restrict, or prohibit
commercial or recreational fishing, or other harvesting of ocean life
in the Zone.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Development.--The term ``development'' has the meaning
provided in section 2(l) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(l)).
(3) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States,
as defined by Presidential Proclamation 5030 of March 10, 1983.
(4) Exploration.--The term ``exploration'' has the meaning
provided in section 2(k) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(k)).
(5) Harmful ocean dumping.--The term ``harmful ocean
dumping'' has such meaning as is provided by the Administrator,
in consultation with the heads of other Federal agencies whom
the Administrator determines to be appropriate. The term does
not include--
(A) a de minimis disposal of vessel waste;
(B) the disposal of dredged material that--
(i) would meet the requirements for
disposal under the criteria that apply under
section 103 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1413),
including regulations promulgated under such
section; or
(ii) is disposed of pursuant to a permit
issued pursuant to such section;
(C) a discharge that is authorized under a National
Pollutant Discharge Elimination System permit issued
pursuant to section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342); and
(D) a disposal that is carried out by an
appropriate Federal agency under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1411 et seq.).
(6) Lease.--The term ``lease'' has the meaning provided in
section 2(c) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(c)).
(7) Minerals.--The term ``minerals'' has the meaning
provided in section 2(q) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(q)).
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning provided in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a)).
(9) Person.--The term ``person'' has the meaning provided
in section 2(d) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(d)).
(10) Production.--The term ``production'' has the meaning
provided in section 2(m) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(m)).
(11) Territorial sea.--The term ``territorial sea'' means
the territorial sea proclaimed in Presidential Proclamation
5928, dated December 27, 1988.
(12) Zone.--The term ``Zone'' means the California Ocean
Protection Zone established under section 3 of this Act. | California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of waters of the Exclusive Economic Zone off the coast of California that are outside the waters of the State of California and that portion of the outer Continental Shelf underlying the waters.
Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for exploration for, or development or production of, minerals in or from the Zone; (2) a person from engaging in such activities after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities, the date of the suspension of operations associated with such activities under regulations implementing the Outer Continental Shelf Lands Act as in effect on January 1, 1986, or the date on which a lease, permit, or license for such activities in any way becomes inactive; or (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone.
Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the Zone. | {"src": "billsum_train", "title": "California Ocean Protection Act of 1995"} | 1,445 | 275 | 0.751295 | 2.039194 | 0.968055 | 5.967611 | 5.016194 | 0.963563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Liability Protection Act''.
SEC. 2. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301
et seq.) is amended by adding at the end the following:
``TITLE XV--TEACHER LIABILITY PROTECTION
``SEC. 15001. SHORT TITLE.
``This title may be cited as the `Teacher Liability Protection Act
of 1999'.
``SEC. 15002. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) The ability of teachers, principals and other school
professionals to teach, inspire and shape the intellect of our
Nation's elementary and secondary school students is deterred
and hindered by frivolous lawsuits and litigation.
``(2) Each year more and more teachers, principals and
other school professionals face lawsuits for actions undertaken
as part of their duties to provide millions of school children
quality educational opportunities.
``(3) Too many teachers, principals and other school
professionals face increasingly severe and random acts of
violence in the classroom and in schools.
``(4) Providing teachers, principals and other school
professionals a safe and secure environment is an important
part of the effort to improve and expand educational
opportunities.
``(5) Clarifying and limiting the liability of teachers,
principals and other school professionals who undertake
reasonable actions to maintain order, discipline and an
appropriate educational environment is an appropriate subject
of Federal legislation because--
``(A) the scope of the problems created by the
legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers is of national
importance; and
``(B) millions of children and their families
across the Nation depend on teachers, principals and
other school professionals for the intellectual
development of children.
``(b) Purpose.--The purpose of this title is to provide teachers,
principals and other school professionals the tools they need to
undertake reasonable actions to maintain order, discipline and an
appropriate educational environment.
``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
``(a) Preemption.--This title preempts the laws of any State to the
extent that such laws are inconsistent with this title, except that
this title shall not preempt any State law that provides additional
protection from liability relating to teachers.
``(b) Election of State Regarding Nonapplicability.--This title
shall not apply to any civil action in a State court against a teacher
in which all parties are citizens of the State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
``(1) citing the authority of this subsection;
``(2) declaring the election of such State that this title
shall not apply, as of a date certain, to such civil action in
the State; and
``(3) containing no other provisions.
``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
``(a) Liability Protection for Teachers.--Except as provided in
subsections (b) and (c), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of the
school if--
``(1) the teacher was acting within the scope of the
teacher's employment or responsibilities related to providing
educational services;
``(2) the actions of the teacher were carried out in
conformity with local, State, and Federal laws, rules and
regulations in furtherance of efforts to control, discipline,
expel, or suspend a student or maintain order or control in the
classroom or school;
``(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the teacher's
responsibilities;
``(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the teacher; and
``(5) the harm was not caused by the teacher operating a
motor vehicle, vessel, aircraft, or other vehicle for which the
State requires the operator or the owner of the vehicle, craft,
or vessel to--
``(A) possess an operator's license; or
``(B) maintain insurance.
``(b) Concerning Responsibility of Teachers to Schools and
Governmental Entities.--Nothing in this section shall be construed to
affect any civil action brought by any school or any governmental
entity against any teacher of such school.
``(c) Exceptions to Teacher Liability Protection.--If the laws of a
State limit teacher liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
``(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
``(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
``(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
``(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
``(1) General rule.--Punitive damages may not be awarded
against a teacher in an action brought for harm based on the
action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence that the
harm was proximately caused by an action of such teacher which
constitutes willful or criminal misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed.
``(2) Construction.--Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or
supersede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
``(e) Exceptions to Limitations on Liability.--
``(1) In general.--The limitations on the liability of a
teacher under this title shall not apply to any misconduct
that--
``(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18, United States
Code) for which the defendant has been convicted in any
court;
``(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has been
convicted in any court;
``(C) involves misconduct for which the defendant
has been found to have violated a Federal or State
civil rights law; or
``(D) where the defendant was under the influence
(as determined pursuant to applicable State law) of
intoxicating alcohol or any drug at the time of the
misconduct.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to effect subsection (a)(3) or (d).
``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
``(a) General Rule.--In any civil action against a teacher, based
on an action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity, the liability of
the teacher for noneconomic loss shall be determined in accordance with
subsection (b).
``(b) Amount of Liability.--
``(1) In general.--Each defendant who is a teacher, shall
be liable only for the amount of noneconomic loss allocated to
that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render a
separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
``(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of that
defendant for the claimant's harm.
``SEC. 15006. DEFINITIONS.
``For purposes of this title:
``(1) Economic loss.--The term `economic loss' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
``(2) Harm.--The term `harm' includes physical,
nonphysical, economic, and noneconomic losses.
``(3) Noneconomic losses.--The term `noneconomic losses'
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
``(4) School.--The term `school' means a public or private
kindergarten, a public or private elementary school or
secondary school (as defined in section 14101, or a home
school.
``(5) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession.
``(6) Teacher.--The term `teacher' means a teacher,
instructor, principal, administrator, or other educational
professional that works in a school, a local school board and
any member of such board, and a local educational agency and
any employee of such agency.
``SEC. 15007. EFFECTIVE DATE.
``(a) In General.--This title shall take effect 90 days after the
date of the enactment of the Teacher Liability Protection Act.
``(b) Application.--This title applies to any claim for harm caused
by an act or omission of a teacher if that claim is filed on or after
the effective date of the Teacher Liability Protection Act, without
regard to whether the harm that is the subject of the claim or the
conduct that caused the harm occurred before such effective date.''. | Preempts State law, except where such law provides additional protection of teachers from liability. Makes title XV inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that title XV not apply.
Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. | {"src": "billsum_train", "title": "Teacher Liability Protection Act of 1999"} | 2,443 | 141 | 0.471262 | 1.407637 | 0.590627 | 4.830357 | 20.133929 | 0.955357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ravi Thackurdeen Safe Students Study
Abroad Act''.
SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD.
(a) Reporting of Crime Statistics.--Paragraph (12) of section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) while a student is participating in a program
of study abroad approved for credit by an institution
of higher education, distinguished by whether the
criminal offense occurred at a location described in
subparagraph (A), (B), (C), or (D) or at another
location, without regard to whether the institution
owns or controls a building or property at such
location.''.
(b) Additional Reporting for Programs of Study Abroad.--Section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17), the following new
paragraph:
``(18)(A) Each institution of higher education
participating in any program under this title, other than a
foreign institution of higher education, shall develop and
distribute as part of the report described in paragraph (1), a
statement that the institution has adopted and implemented a
program to protect students participating in a program of study
abroad approved for credit by the institution from crime and
harm while participating in such program of study abroad that,
at a minimum, includes the following:
``(i) A biennial review by the institution
of the programs of study abroad approved for
credit by the institution to determine--
``(I) the effectiveness of the
programs at protecting students from
crime and harm, and whether changes to
the programs are needed (based on the
most recent guidance or other
assistance from the Secretary) and will
be implemented;
``(II) for the 10 years preceding
the date of the report, the number (in
the aggregate for all programs of study
abroad approved for credit by the
institution) of--
``(aa) deaths of program
participants resulting during
program participation;
``(bb) accidents and
illnesses occurring during
program participation that
resulted in hospitalization;
``(cc) sexual assaults
against program participants
occurring during program
participation; and
``(dd) incidents involving
program participants during the
program participation that
resulted in police involvement
or a police report; and
``(III) with respect to the
incidents described in items (aa)
through (dd) of subclause (II), whether
the incidents occurred--
``(aa) on campus;
``(bb) in or on a noncampus
building or property;
``(cc) on public property;
``(dd) in dormitories or
other residential facilities
for students; or
``(ee) at a location not
described in items (aa) through
(dd) of this subclause, without
regard to whether the
institution owns or controls a
building or property at the
location.
``(ii) The crime statistics described in
paragraph (12)(E).
``(B) An institution of higher education described in
subparagraph (A) shall--
``(i) provide each student who is interested in
participating in a program of study abroad approved for
credit by the institution, with a pre-trip orientation
session and advising that includes--
``(I) a list of countries in which such
programs of study abroad are located;
``(II) all current travel information,
including all travel warnings and travel
alerts, issued by the Bureau of Consular
Affairs of the Department of State for such
countries; and
``(III) the information described in
clauses (i) and (ii) of subparagraph (A),
provided specifically for each program of study
abroad approved for credit by the institution
in which the student is considering
participation; and
``(ii) provide each student who returns from such a
program of study abroad with a post-trip orientation
session, including an exit interview that assists the
institution in carrying out subparagraph (A) and clause
(i) of this subparagraph.
``(C) An institution of higher education shall not
disaggregate or otherwise distinguish information for purposes
of subparagraph (A) or (B) in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
``(D) The Secretary shall periodically review a
representative sample of the programs described in subparagraph
(A) that have been adopted and implemented by institutions of
higher education to protect students participating in a program
of study abroad described in subparagraph (A) from crime and
harm while participating in such program of study abroad.''. | Ravi Thackurdeen Safe Students Study Abroad Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require an institution of higher education (IHE), other than a foreign IHE, that is participating in the programs under title IV to distinguish, in its annual campus security report on crime statistics, crimes that occur while a student is participating in an approved study abroad program, without regard to whether the IHE owns or controls a building or property at the location where the crime occurred. Requires such IHEs to develop and distribute, as part of their annual security report provided to students and employees, a statement that the IHE has adopted and implemented a program to protect students participating in an approved study abroad program from crime and harm. Requires each student protection program to include: a biennial review by the IHE of its study abroad programs to determine their effectiveness in protecting students from crime and harm and the number of deaths and sexual assaults of program participants, accidents and illnesses occurring during program participation, and incidents resulting in police involvement during the preceding 10 years; and the crime statistics IHEs are required to include in their annual campus security report. Requires such IHEs to: provide each student who is interested in participating in an approved study abroad program with a pre-trip orientation session and information regarding the countries in which the programs are located and the incidents and crime statistics they are required to include in their protection program for students studying abroad; and provide each student who returns from such a study abroad program with a post-trip orientation session, including an exit interview that assists the IHE in carrying out its program to protect students studying abroad. Directs the Secretary to periodically review a representative sample of those student protection programs. | {"src": "billsum_train", "title": "Ravi Thackurdeen Safe Students Study Abroad Act"} | 1,136 | 381 | 0.602133 | 2.116661 | 0.874161 | 2.85503 | 3.260355 | 0.843195 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bus Operator and Pedestrian
Protection Act''.
SEC. 2. BUS OPERATIONS SAFETY RISK REDUCTION PROGRAM.
(a) Public Transportation Safety Program Section.--Section 5329 of
title 49, United States Code, is amended by adding at the end the
following:
``(l) Bus Operations Safety Risk Reduction Program.--
``(1) Requirements.--Not later than 2 years after the date
of the enactment of this subsection, the Secretary shall
require each recipient that operates fixed route bus service
to--
``(A) develop a risk reduction program for bus
operations under paragraph (2) to improve safety by
reducing the number and rates of accidents, injuries,
assaults on bus operators, and fatalities;
``(B) submit the program, including the
implementation plan required under paragraph (3), to
the Secretary for review and approval; and
``(C) implement the program and plans approved by
the Secretary.
``(2) Development of program.--A recipient required to
develop and submit a risk reduction program for bus operations
under paragraph (1)--
``(A) shall develop such program by conducting risk
analysis on the bus operations of the recipient;
``(B) may incorporate such program into an
applicable comprehensive safety plan that such
recipient prepares pursuant to subsection (d), if all
requirements under this subsection are addressed in the
recipient's comprehensive safety plan; and
``(C) shall develop such program in cooperation
with bus operators and collective bargaining
representatives of bus operators, including the
development of--
``(i) the risk analysis required under
subparagraph (A); and
``(ii) implementation plans required under
paragraph (3).
``(3) Implementation plan.--Each risk reduction program for
bus operations under paragraph (1) shall include an
implementation plan for--
``(A) reduction of vehicular and pedestrian
accidents involving buses that includes--
``(i) deployment of driver assistance
technologies for bus operators that reduce or
prevent accidents; and
``(ii) measures to reduce visibility
impairments for bus operators that contribute
to accidents, including retrofits to buses in
revenue service and specifications for future
procurements that reduce visibility
impairments;
``(B) bus operator assault mitigation, including--
``(i) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations when a recipient's risk
analysis determines that such barriers would
reduce assaults and injuries to bus operators;
and
``(ii) conflict de-escalation training for
bus operators;
``(C) installation of seating and modification to
design specifications of bus operator workstations that
reduce or prevent injuries from ergonomic risks; and
``(D) other measures that the Secretary determines
would significantly reduce the number and rate of
accidents, injuries, assaults on bus operators, and
fatalities related to bus operations;
``(4) Updating requirements.--The Secretary shall require
each recipient required to develop a program under paragraph
(1) to--
``(A) update such program annually; and
``(B) resubmit such program for approval by the
Secretary not less than once every 3 years.''.
(b) FAST Act.--Section 3022(a) of the Fixing America's Surface
Transportation Act (49 U.S.C. 5329 note) is amended by adding the
following new sentence: ``Not later than 1 year after the date of the
enactment of the Bus Operator and Pedestrian Protection Act, the
Secretary shall issue a final rule regarding the protection of public
transportation operators from the risk of assault.''
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount and Duration.--There are authorized to be appropriated
to carry out implementation plans under the risk reduction program
described in section 5329(l) of title 49, United States Code, as added
by section 2 of this Act, $25,000,000 for each of fiscal years 2019
through 2023.
(b) Formula.--Of the amounts made available to carry out this
subsection for a fiscal year--
(1) 80 percent shall be distributed under the formula set
forth in section 5336 of title 49, United States Code, other
than subsection (b) of such section; and
(2) 20 percent shall be distributed under the formula set
forth in section 5311(c)(3) of such title.
SEC. 4. OPERATOR ASSAULT DATA.
Section 5335 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Operator Assault Data.--
``(1) Report.--The recipient of a grant under this chapter
shall report to the Secretary, for inclusion in the National
Transit Database, any information on each assault on an
operator.
``(2) Other reports.--A report required under paragraph (1)
shall be separate from the reporting on other safety incidents
in the National Transit Database.
``(3) Definition.--For purposes of this subsection:
``(A) The term `assault on an operator' means any
circumstance when an individual knowingly and without
lawful authority or permission with intent to endanger
the safety or health of any individual, or with a
reckless disregard for the safety or health of human
life, interferes with, disables, or incapacitates any
dispatcher, driver, captain, locomotive engineer,
railroad conductor, or other individual while the
individual is employed in dispatching, operating,
controlling, or maintaining on-track equipment or a
public transportation vehicle, including circumstances
that do not require immediate medical attention or that
do not result in a fatality.
``(B) The term `recipient' has the meaning given
the term in section 5329(a).''. | Bus Operator and Pedestrian Protection Act This bill requires the Department of Transportation (DOT) to require public transportation safety grant recipients that operate fixed route bus service to: (1) develop a risk reduction program for bus operations to improve safety by reducing the number and rates of accidents, injuries, assaults on bus operators, and fatalities; (2) submit the program, including the implementation plan required by this bill, to DOT for review and approval; and (3) implement the program and plans approved by DOT. The recipient of a public transportation safety grant shall report to DOT, for inclusion in the National Transit Database, any information on each assault on an public transportation vehicle operator. | {"src": "billsum_train", "title": "Bus Operator and Pedestrian Protection Act"} | 1,278 | 139 | 0.656697 | 1.560644 | 0.66137 | 4.813433 | 9.007463 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonus Depreciation Extension Act of
2014''.
SEC. 2. EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2015'' in subparagraph (A)(iv)
and inserting ``January 1, 2017'', and
(2) by striking ``January 1, 2014'' each place it appears
and inserting ``January 1, 2016''.
(b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of
section 460(c)(6)(B) of such Code is amended by striking ``January 1,
2014 (January 1, 2015'' and inserting ``January 1, 2016 (January 1,
2017''.
(c) Expansion of Election To Accelerate AMT Credits in Lieu of
Bonus Depreciation.--Section 168(k)(4) of such Code 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) paragraphs (1) and (2)(F)(i) shall
not apply for such taxable year,
``(ii) the applicable depreciation method
used under this section with respect to any
qualified 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 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 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, 2013, 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, 2014
(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) 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).
``(D) 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 which
is a partner in a partnership and which makes
an election under subparagraph (A) for the
taxable year, for purposes of determining such
corporation's distributive share of partnership
items under section 702 for such taxable year--
``(I) paragraphs (1)(A) and
(2)(F)(i) shall not apply, and
``(II) the applicable depreciation
method used under this section with
respect to any qualified 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 1 corporation (or by
corporations treated as 1 taxpayer under
subparagraph (B)(iii)), each partner shall
compute its bonus depreciation amount under
clause (i) of subparagraph (B) by taking into
account its distributive share of the amounts
determined by the partnership under subclauses
(I) and (II) of such clause for the taxable
year of the partnership ending with or within
the taxable year of the partner.
``(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 subparagraph
(B)(i)(I).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of such
Code is amended by striking ``January 1, 2014'' and inserting
``January 1, 2016''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2014'' and
inserting ``pre-january 1, 2016''.
(3) Subparagraph (C) of section 168(n)(2) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2016''.
(4) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2016''.
(5) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2016''.
(e) Technical Amendment Relating to Section 331 of the American
Taxpayer Relief Act of 2012.--Clause (iii) of section 168(k)(4)(J) of
such Code is amended by striking ``any taxable year'' and inserting
``its first taxable year''.
(f) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this subsection shall apply
to property placed in service after December 31, 2013.
(2) Expansion of election to accelerate amt credits in lieu
of bonus depreciation.--
(A) In general.--The amendment made by subsection
(c) (other than so much of such amendment as relates to
section 168(k)(4)(D)(iii) of such Code, as added by
such amendment) shall apply to taxable years ending
after December 31, 2013.
(B) Transitional rule.--In the case of a taxable
year beginning before January 1, 2014, and ending after
December 31, 2013, the bonus depreciation amount
determined under section 168(k)(4) of such Code for
such year shall be the sum of--
(i) such amount determined without regard
to the amendments made by this section and--
(I) by taking into account only
property placed in service before
January 1, 2014, and
(II) by multiplying the limitation
under section 168(k)(4)(C)(ii) of such
Code (determined without regard to the
amendments made by this section) by a
fraction the numerator of which is the
number of days in the taxable year
before January 1, 2014, and the
denominator of which is the number of
days in the taxable year, and
(ii) such amount determined after taking
into account the amendments made by this
section and--
(I) by taking into account only
property placed in service after
December 31, 2013, and
(II) by multiplying the limitation
under section 168(k)(4)(B)(ii) of such
Code (as amended by this section) by a
fraction the numerator of which is the
number of days in the taxable year
after December 31, 2013, and the
denominator of which is the number of
days in the taxable year.
(3) Technical amendment.--The amendment made by subsection
(e) shall take effect as if included in the provision of the
American Taxpayer Relief Act of 2012 to which it relates. | Bonus Depreciation Extension Act of 2014 - Amends the Internal Revenue Code to extend: (1) through 2015, the additional 50% depreciation allowance (bonus depreciation) for business property (through 2016, for property having longer production periods and for transportation property); and (2) the election to increase the alternative minimum tax (AMT) credit in lieu of bonus depreciation by extending to January 1, 2016, the placed-in-service requirement for property eligible for such election (January 1, 2017, for property having longer production periods and for transportation property). | {"src": "billsum_train", "title": "Bonus Depreciation Extension Act of 2014"} | 2,019 | 117 | 0.609573 | 1.528699 | 0.611154 | 1.7 | 16.118182 | 0.809091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Economic Recovery Opportunity
Act of 2002''.
SEC. 2. TRADE BENEFITS TO HAITI.
(a) In General.--The Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) is amended by inserting after section 213 the
following new section:
``SEC. 213A. SPECIAL RULE FOR HAITI.
``(a) In General.--In addition to any other preferential treatment
under this Act, in each 12-month period beginning on October 1, 2002,
apparel articles described in subsection (b) that are imported directly
into the customs territory of the United States from Haiti shall enter
the United States free of duty, subject to the limitations described in
subsections (b) and (c), if Haiti has satisfied the requirements set
forth in subsection (d).
``(b) Apparel Articles Described.--Apparel articles described in
this subsection are apparel articles that are wholly assembled or knit-
to-shape in Haiti exclusively from any combination of fabrics, fabric
components, components knit-to-shape, and yarns formed in one or more
of the following countries:
``(1) The United States.
``(2) Any country that is party to a free trade agreement
with the United States, on January 1, 2002.
``(3) Any country that enters into a free trade agreement
with the United States subject to the provisions of title XXI
of the Trade Act of 2002 (Public Law 107-210).
``(4) Any country designated as a beneficiary country
under--
``(A) section 213(b)(5)(B) of this Act;
``(B) section 506A(a)(1) of the Trade Act of 1974
(19 U.S.C. 2466a(a)(1)); or
``(C) section 204(b)(6)(B) of the Andean Trade
Preference Act (19 U.S.C. 3203(b)(6)(B)).
``(5) Any country, if the fabrics or yarns are designated
as not being commercially available in the United States for
the purposes of NAFTA (Annex 401), the Caribbean Basin Trade
Partnership Act, the African Opportunity and Growth Act, or the
Andean Trade Promotion and Drug Eradication Act.
``(c) Preferential Treatment.--The preferential treatment described
in subsection (a), shall be extended--
``(1) during the 12-month period beginning on October 1,
2002, to a quantity of apparel articles that is equal to 1.5
percent of the aggregate square meter equivalents of all
apparel articles imported into the United States during the 12-
month period beginning October 1, 2001; and
``(2) during the 12-month period beginning on October 1 of
each succeeding year, to a quantity of apparel articles that is
equal to the product of--
``(A) the percentage applicable during the previous
12-month period plus 0.5 percent (but not over 3.5
percent); and
``(B) the aggregate square meter equivalents of all
apparel articles imported into the United States during
the 12-month period that ends on September 30 of that
year.
``(d) Eligibility Requirements.--Haiti shall be eligible for
preferential treatment under this section if the President determines
and certifies to Congress that Haiti--
``(1) has established, or is making continual progress
toward establishing--
``(A) a market-based economy that protects private
property rights, incorporates an open rules-based
trading system, and minimizes government interference
in the economy through measures such as price controls,
subsidies, and government ownership of economic assets;
``(B) the rule of law, political pluralism, and the
right to due process, a fair trial, and equal
protection under the law;
``(C) the elimination of barriers to United States
trade and investment, including by--
``(i) the provision of national treatment
and measures to create an environment conducive
to domestic and foreign investment;
``(ii) the protection of intellectual
property; and
``(iii) the resolution of bilateral trade
and investment disputes;
``(D) economic policies to reduce poverty, increase
the availability of health care and educational
opportunities, expand physical infrastructure, promote
the development of private enterprise, and encourage
the formation of capital markets through microcredit or
other programs;
``(E) a system to combat corruption and bribery,
such as signing and implementing the Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions; and
``(F) protection of internationally recognized
worker rights, including the right of association, the
right to organize and bargain collectively, a
prohibition on the use of any form of forced or
compulsory labor, a minimum age for the employment of
children, and acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health;
``(2) does not engage in activities that undermine United
States national security or foreign policy interests; and
``(3) does not engage in gross violations of
internationally recognized human rights or provide support for
acts of international terrorism and cooperates in international
efforts to eliminate human rights violations and terrorist
activities.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after October 1, 2002.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request
filed with the Customs Service before the 90th day after the
date of the enactment of this Act, any entry or withdrawal from
warehouse for consumption, of any goods described in the
amendment made by subsection (a)--
(A) that was made on or after October 1, 2002, and
before the date of the enactment of this Act, and
(B) with respect to which there would have been no
duty if the amendment made by subsection (a) applied to
such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment
applied to such entry or withdrawal. | Haiti Economic Recovery Opportunity Act of 2002 - Amends the Caribbean Basin Economic Recovery Act to allow specified apparel articles that are imported directly into the customs territory of the United States from Haiti to enter free of duty if Haiti has satisfied the requirements of this Act.Declares that such articles include apparel articles that are wholly assembled or knit-to-shape in Haiti exclusively from fabric components and yarns formed in: (1) the United States; (2) a country that is party to a free trade agreement with the United States on January 1, 2002, that enters into a free trade agreement with the United States subject to trade promotion authority, or that has been designated as a beneficiary country; and (4) any country if the fabrics or yarns are designated as not being commercially available in the United States.Specifies the quantity of articles to which such preferential treatment shall extend.Declares that Haiti shall be eligible for such preferential treatment if the President determines and certifies to Congress that Haiti has met specified conditions, including: (1) establishing or making progress toward establishing a market-based economy that protects private property rights, the rule of law, the elimination of barriers to U.S. trade and investment, economic policies to reduce poverty, a system to combat corruption and bribery, and protection of internationally recognized worker rights; (2) not engaging in activities that undermine U.S. national security or foreign policy interests or gross violations of internationally recognized human rights; (3) not providing support for international terrorism; and (4) cooperating in international efforts to eliminate human rights violations and terrorist activities. | {"src": "billsum_train", "title": "To expand certain preferential trade treatment for Haiti."} | 1,365 | 340 | 0.690803 | 2.225147 | 0.876642 | 4.372549 | 4.205882 | 0.941176 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America
Implementing New National Opportunities To Vigorously Accelerate
Technology, Energy, and Science Act'' or the ``America INNOVATES Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
Sec. 101. Under Secretary for Science and Energy.
Sec. 102. Technology transfer and transitions assessment.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
authorized technology transfer activities.
Sec. 204. Information and resources for startups and small businesses.
Sec. 205. Funding competitiveness for institutions of higher education
and other nonprofit institutions.
TITLE III--ASSESSMENT OF IMPACT
Sec. 301. Report by Government Accountability Office.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--
(A) In general.--The term ``National Laboratory''
means a nonmilitary national laboratory owned by the
Department.
(B) Inclusions.--The term ``National Laboratory''
includes--
(i) Ames Laboratory;
(ii) Argonne National Laboratory;
(iii) Brookhaven National Laboratory;
(iv) Fermi National Accelerator Laboratory;
(v) Idaho National Laboratory;
(vi) Lawrence Berkeley National Laboratory;
(vii) National Energy Technology
Laboratory;
(viii) National Renewable Energy
Laboratory;
(ix) Oak Ridge National Laboratory;
(x) Pacific Northwest National Laboratory;
(xi) Princeton Plasma Physics Laboratory;
(xii) Savannah River National Laboratory;
(xiii) Stanford Linear Accelerator Center;
(xiv) Thomas Jefferson National Accelerator
Facility; and
(xv) any laboratory operated by the
National Nuclear Security Administration, with
respect to the civilian energy activities
conducted at the laboratory.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY.
(a) In General.--Section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)) is amended--
(1) by striking ``Under Secretary for Science'' each place
it appears and inserting ``Under Secretary for Science and
Energy''; and
(2) in paragraph (4)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting a semicolon; and
(C) by inserting after subparagraph (G) the
following:
``(H) establish appropriate linkages between
offices under the jurisdiction of the Under Secretary;
and
``(I) perform such functions and duties as the
Secretary shall prescribe, consistent with this
section.''.
(b) Conforming Amendments.--
(1) Section 3164(b)(1) of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by
striking ``Under Secretary for Science'' and inserting ``Under
Secretary for Science and Energy''.
(2) Section 641(h)(2) of the United States Energy Storage
Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended
by striking ``Under Secretary for Science'' and inserting
``Under Secretary for Science and Energy''.
SEC. 102. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.
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
Science, Space, and Technology of the House of Representatives a report
that includes--
(1) an assessment of the ability of the Department to carry
out the goals of section 1001 of the Energy Policy Act of 2005
(42 U.S.C. 16391), including an assessment of the role and
effectiveness of the Director of the Office of Technology
Transitions; and
(2) recommendations for policy changes for the Department
and legislative changes to section 1001 of the Energy Policy
Act of 2005 (42 U.S.C. 16391) to improve the ability of the
Department to successfully transfer new energy technologies to
the private sector.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.
(a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
(b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, indemnification,
payment structures, performance guarantees, and multiparty
collaborations.
(c) Eligibility.--
(1) In general.--Notwithstanding any other provision of law
(including regulations), any National Laboratory may enter into
an agreement pursuant to the pilot program referred to in
subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
agreements with non-Federal entities, including non-Federal
entities already receiving Federal funding that will be used to
support activities under agreements executed pursuant to
paragraph (1).
(3) Restriction.--The requirements of chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole
Act'') shall apply if--
(A) the agreement is a funding agreement (as that
term is defined in section 201 of that title); and
(B) at least 1 of the parties to the funding
agreement is eligible to receive rights under that
chapter.
(d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
(1) a summary of information relating to the relevant
project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the
project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection (a)
shall be extended for a term of 3 years after the date of enactment of
this Act.
(g) Reports.--
(1) Initial report.--Not later than 60 days after the date
described in subsection (f), the Secretary, in coordination
with directors of the National Laboratories, shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives a report that--
(A) assesses the overall effectiveness of the pilot
program referred to in subsection (a);
(B) identifies opportunities to improve the
effectiveness of the pilot program;
(C) assesses the potential for program activities
to interfere with the responsibilities of the National
Laboratories to the Department; and
(D) provides a recommendation regarding the future
of the pilot program.
(2) Annual reports.--Annually, the Secretary, in
coordination with the directors of the National Laboratories,
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report that
accounts for all incidences of, and provides a justification
for, non-Federal entities using funds derived from a Federal
contract or award to carry out agreements entered into under
this section.
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) through (d), the
Secretary shall delegate to directors of the National Laboratories
signature authority with respect to any agreement described in
subsection (b) the total cost of which (including the National
Laboratory contributions and project recipient cost share) is less than
$1,000,000.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Limitation.--Subsection (a) does not apply to an agreement with
a majority-foreign-owned company.
(d) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--On entering an agreement
under this section, the director of a National Laboratory shall
submit to the Secretary for monitoring and review all records
of the National Laboratory relating to the agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if the funds are exclusively used to
support further research and development activities at the
applicable National Laboratory.
(e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 202(a) of the America INNOVATES Act,
approval by the Secretary of Energy shall not be required for
any technology transfer agreement proposed to be entered into
by a National Laboratory of the Department of Energy, the total
cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.'';
and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to
carry out early-stage and precommercial technology demonstration
activities to remove technology barriers that limit private sector
interest and demonstrate potential commercial applications of any
research and technologies arising from National Laboratory
activities.''.
SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS AND SMALL BUSINESSES.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(tt) Information.--In carrying out the SBIR and STTR programs of
the Department of Energy, the Secretary of Energy shall provide to
small business concerns seeking funding under the programs information
concerning resources that are available to small business concerns at
National Laboratories and federally funded research and development
centers.''.
SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
AND OTHER NONPROFIT INSTITUTIONS.
Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided in
paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(4) Exemption for institutions of higher education and
other nonprofit institutions.--
``(A) In general.--Paragraph (1) shall not apply to
a research or development activity performed by an
institution of higher education or nonprofit
institution (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)).
``(B) Termination date.--The exemption under
subparagraph (A) shall apply during the 6-year period
beginning on the date of enactment of this
paragraph.''.
TITLE III--ASSESSMENT OF IMPACT
SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
(1) describing the results of the projects developed under
sections 201, 202, and 203, including information regarding--
(A) partnerships initiated as a result of those
projects and the potential linkages presented by those
partnerships with respect to national priorities and
other taxpayer-funded research; and
(B) whether the activities carried out under those
projects result in--
(i) fiscal savings;
(ii) expansion of National Laboratory
capabilities;
(iii) increased efficiency of technology
transfers; or
(iv) an increase in general efficiency of
the National Laboratory system;
(2) assessing the scale, scope, efficacy, and impact of the
efforts of the Department to promote technology transfer and
private sector engagement at the National Laboratories; and
(3) making recommendations on ways in which the Department
could improve the activities described under paragraph (1). | America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act or the America INNOVATES ActAmends the Department of Energy Organization Act to rename the Under Secretary for Science as the Under Secretary for Science and Energy. Directs the Department of Energy (DOE) to report annually on DOE's ability to improve the technology transfer and commercialization of energy technologies. Directs DOE to carry out the Agreements for Commercializing Technology pilot program, in part by giving the contractors of the DOE nonmilitary national laboratories (national laboratories) increased authority to negotiate contract terms and making every such facility eligible for the program. Extends the pilot program for a term of three years after the enactment of this Act. Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements (except those with a majority foreign-owned company) whose total cost is less than $1 million. Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and precommercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. Amends the Small Business Act to require DOE, in carrying out its Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs, to provide to small businesses seeking funding under these programs information concerning resources available to them at national laboratories and federally funded research and development centers. Amends the Energy Policy Act of 2005 to exempt, for six years after enactment of this Act, institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development. Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on DOE efforts to promote technology transfer and private sector engagement at the national laboratories. | {"src": "billsum_train", "title": "America INNOVATES Act"} | 3,526 | 410 | 0.5639 | 1.736043 | 0.82603 | 3.221918 | 8.569863 | 0.893151 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Education Innovation Act of
2011''.
SEC. 2. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITHIN THE DEPARTMENT OF EDUCATION.
(a) Assistant Secretary.--Section 202 of the Department of
Education Organization Act (20 U.S.C. 3412) is amended in subsection
(b)(1)--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as (G); and
(3) by inserting after subparagraph (E) the following:
``(F) an Assistant Secretary for Science,
Technology, Engineering, and Mathematics Education (in
this Act referred to as the `Assistant Secretary for
STEM Education'); and''.
(b) Office.--Title II of the Department of Education Organization
Act is amended by adding at the end the following:
``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION.
``(a) In General.--There shall be in the Department of Education an
Office of Science, Technology, Engineering, and Mathematics Education
(in this section referred to as the `Office of STEM Education'), to be
administered by the Assistant Secretary for STEM Education appointed
under section 202(b).
``(b) Responsibilities.--The Assistant Secretary of STEM Education,
acting through the Office, shall serve as the principal advisor to the
Secretary on matters affecting science, technology, engineering, and
math education, and shall administer such functions representing STEM
education, including the coordination of STEM activities and programs
across Federal agencies.
``(c) Evaluation and Report.--The Assistant Secretary for STEM
Education shall conduct an independent evaluation, through grant or by
contract, of the STEM education programs administered by the
Department, at least every 5 years, which shall include--
``(1) conducting an assessment of STEM education activities
within the Department by using the evaluations and reports of
these programs to determine these programs' impact on--
``(A) the quantity of students taking advanced
placement in STEM areas and seeking STEM degrees;
``(B) student academic achievement in mathematics
and science; and
``(C) the increased number of highly qualified STEM
teachers; and
``(2) the preparation and submission of a report on the
results of the evaluation described in paragraph (1) to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Science of the Senate, the Committee on Education
and the Workforce and the Committee on Science and Technology
of the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,500,000 to carry out this section for fiscal year 2013
and such sums as may be necessary for each fiscal year thereafter.''.
SEC. 3. EDUCATION INNOVATION PROJECT.
Title II of the Department of Education Organization Act is further
amended by adding at the end the following:
``SEC. 221. EDUCATION INNOVATION PROJECT.
``(a) Establishment.--There shall be in the Department an Education
Innovation Project (referred to in this section as `EIP').
``(b) Purposes.--EIP is established under this section for the
purposes of pursuing breakthrough research and development in
educational technology and providing the effective use of the
technology to improve achievement for all students, by--
``(1) identifying and promoting revolutionary advances in
fundamental and applied sciences and engineering that could be
translated into new learning technologies;
``(2) developing novel learning technologies, and the
enabling processes and contexts for effective use of those
technologies;
``(3) developing, testing, and evaluating the impact and
efficacy of those technologies;
``(4) accelerating transformational technological advances
in areas in which the private sector, by itself, is not likely
to accelerate such advances because of difficulties in
implementation or adoption, or technical and market
uncertainty;
``(5) coordinating activities with nongovernmental entities
to demonstrate technologies and research applications to
facilitate technology transfer; and
``(6) encouraging educational research using new
technologies and the data produced by the technologies.
``(c) Authorities of Secretary.--The Secretary is authorized to--
``(1) appoint a Director, who shall be responsible for
carrying out the purposes of EIP, as described in subsection
(b), and such additional functions as the Secretary may
prescribe;
``(2) establish processes for the development and execution
of projects and the solicitation of entities to carry out the
projects in a manner that is--
``(A) tailored to the purposes of EIP and not
constrained by other Department-wide administrative
requirements that could detract from achieving program
results; and
``(B) designed to heighten transparency, and
public- and private-sector involvement, to ensure that
investments are made in the most promising areas;
``(3) award grants, contracts, cooperative agreements, and
cash prizes, and enter into other transactions (in accordance
with such regulations as the Secretary may establish regarding
other transactions);
``(4) make appointments of up to 20 scientific,
engineering, professional, and other mission-related employees,
for periods of up to 4 years (which appointments may not be
renewed) without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service;
``(5)(A) prescribe the rates of basic pay for the personnel
described in paragraph (4) at rates not in excess of the
maximum rate of basic pay authorized for senior-level positions
under section 5376 of title 5, United States Code,
notwithstanding any provision of that title governing the rates
of basic pay or classification of employees in the executive
branch, but those personnel shall not receive any payment for
service (such as an award, premium payment, incentive payment
or bonus, allowance, or other similar payment) under any other
provision of that title; and
``(B) pay any employee appointed pursuant to paragraph (4)
payments in addition to that basic pay, except that the total
amount of those payments for any calendar year shall not exceed
the lesser of--
``(i) $25,000; or
``(ii) the difference between the employee's annual
rate of basic pay under paragraph (4) and the annual
rate for level I of the Executive Schedule under
section 5312 of title 5, United States Code, based on
the rates in effect at the end of the applicable
calendar year (or, if the employee separated during
that year, on the date of separation);
``(6) obtain independent, periodic, rigorous evaluations,
as appropriate, of--
``(A) the effectiveness of the processes EIP is
using to achieve its purposes; and
``(B) the effectiveness of individual projects
assisted by EIP, using evidence standards developed in
consultation with the Institute of Education Sciences,
and the suitability of ongoing projects assisted by EIP
for further investment or increased scale; and
``(7) disseminate, through the comprehensive centers
established under section 203 of the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9602), the regional
educational laboratories system established under section 174
of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564),
or such other means as the Secretary determines to be
appropriate, information on effective practices and
technologies developed with EIP support.
``(d) Evaluation Funds.--The Secretary may use funds made available
for EIP to pay the cost of the evaluations under subsection (c)(6).
``(e) Federal Advisory Committee Act.--Notwithstanding any other
provision of law, any advisory committee convened by the Secretary to
provide advice with respect to this section shall be exempt from the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and
the definition of `employee' in section 2105 of title 5, United States
Code, shall not be considered to include any appointee to such a
committee.
``(f) Nonduplication.--To the maximum extent practicable, the
Secretary shall ensure that grants, contracts, cooperative agreements,
cash prizes, or other assistance or arrangements awarded or entered
into pursuant to this section that are designed to carry out the
purposes of EIP do not duplicate activities under programs carried out
under Federal law other than this section by the Department or other
Federal agencies.''.
SEC. 4. STATE CONSORTIUM ON SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION.
(a) In General.--From amounts made available to carry out this
section, the Secretary of Education, acting through the Office of STEM
Education, shall award competitive grants to eligible consortia to
enable each such eligible consortium to establish a State Consortium on
Science, Technology, Engineering, and Mathematics Education (which may
be referred to in this section as a ``State Consortium on STEM
Education'').
(b) Eligible Consortium Defined.--In this section, the term
``eligible consortium'' means a State-based STEM council, network,
group, or advisory board which includes the participation of State
officials, educators, administrators, parents, business leaders, and
representatives from the science and engineering communities who have
formed to increase student achievement in the STEM areas in their
State.
(c) Peer Review and Selection.--The Secretary shall--
(1) establish a peer-review process to assist in the review
and approval of the grant proposals submitted by eligible
consortia under this section; and
(2) with the assistance of the peer-review process, approve
grants from the grant proposals submitted under this section
not later than 120 days after the deadline for submission of
such proposals established by the Secretary, unless the
Secretary determines that the grant proposals submitted do not
meet the requirements of this section.
(d) Total Amount of Grants.--The total amount of grants made under
this section in any fiscal year may not exceed $20,000,000.
(e) Use of Grant Funds.--Each eligible consortium receiving a grant
under this section shall use the grant funds awarded under this section
to establish a State consortium on STEM education to carry out the
following:
(1) To support at least one full-time staff member for each
State.
(2) To test, validate, share, and scale STEM education
research, promising practices, and exemplary programs among
members of the consortium and with other State consortia on
STEM education established under this section.
(3) To identify points of weakness and strength among State
STEM education efforts, prioritize strategies for addressing
problem areas, and communicate State needs to the STEM
Education Committee within the OSTP and the Assistant Secretary
for STEM Education.
(4) To assist in the implementation of rigorous common
content standards in mathematics and science education for
grades prekindergarten through grade 12, which reflect common
elements between such disciplines and take into consideration--
(A) established international standards and 21st
century skills; and
(B) the needs of English language learners and
special education students.
(5) To assist and support, the development and
implementation of innovative STEM assessments based on common
content standards in mathematics and science.
(6) To promote and develop curriculum tools and
professional development for in-service STEM teachers that
foster innovation and inventiveness.
(7) To develop STEM Career Awareness Programs in
collaboration with school guidance counselors that reflect the
projected STEM workforce needs of the 21st century that may
include mentoring programs and STEM professional outreach.
(8) To develop STEM-related workforce education and
training programs to enhance the skills of workers to meet the
needs of business and industry.
(f) Matching Requirement.--In order to receive a grant under this
section, an eligible consortium shall agree to provide, either directly
or through private contributions, non-Federal matching funds equal to
not less than 30 percent of the amount of the grant.
(g) Evaluation and Report.--Each State Consortium on STEM Education
established under this section shall--
(1) conduct periodic independent evaluations, by grant or
by contract, of the State Consortium on STEM Education's
effectiveness at accomplishing the activities described in
subsection (e), which shall include an assessment of the impact
of such activities on STEM teaching and learning; and
(2) prepare and submit a report on the results of each
evaluation described in paragraph (1) to the Assistant
Secretary of STEM Education.
(h) Prohibitions.--In implementing this section, the Secretary may
not--
(1) endorse, approve, or sanction any STEM curriculum
designed for use in any elementary school or secondary school;
or
(2) engage in oversight, technical assistance, or
activities that will require the adoption of a specific STEM
program or instructional materials by a State, local
educational agency, or school.
(i) Definitions.--In this section:
(1) The terms ``elementary school'', ``local educational
agency'', and ``secondary school'' have the meanings given such
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) The term ``Office of STEM Education'' means the Office
of Science, Technology, Engineering, and Mathematics Education
of the Department of Education.
(3) The term ``OSTP'' means the Office of Science and
Technology Policy in the Executive Office of the President.
(4) The term ``Secretary'' means the Secretary of
Education.
(5) The term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Commonwealth of Northern Mariana
Islands, American Samoa, and the United States Virgin Islands.
(6) The term ``STEM'' means science, technology,
engineering, and mathematics. | STEM Education Innovation Act of 2011 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education.
Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years.
Establishes an Education Innovation Project within the Department to pursue breakthrough research and development in educational technology, and facilitate the effective use of that technology to improve student achievement.
Directs the Office of STEM Education to award competitive matching grants to consortia of state-based STEM stakeholders that enable each of them to establish a state consortium on STEM education.
Require each consortium to: (1) promote STEM education research and best practices; (2) address deficiencies in state STEM education efforts and communicate state needs to the federal government; (3) support the implementation of rigorous common content standards in mathematics and science education, and the development of innovative STEM assessments based on those standards; (4) promote and develop curriculum tools and training for in-service STEM teachers; (5) develop STEM Career Awareness Programs; and (6) develop STEM-related workforce education and training programs. | {"src": "billsum_train", "title": "To stimulate collaboration with respect to, and provide for coordination and coherence of, the Nation's science, technology, engineering, and mathematics education initiatives, and for other purposes."} | 2,987 | 243 | 0.601645 | 1.41645 | 0.969307 | 3.584034 | 12.134454 | 0.945378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventive Medicine for a Healthier
America Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Improving the health of the population and reducing
medical costs requires implementation of preventive methods.
(2) Organizations throughout the United States have
expressed the need for an increase of public health
professionals.
(3) There are only approximately 6,000 physicians board
certified in preventive medicine.
(4) Many health care costs are spent on chronic conditions
that could be avoided by implementing preventive methods.
(5) The number of preventive medicine residency programs
and individuals pursuing preventive medicine has significantly
decreased in recent years.
(6) Preventive medicine physicians are uniquely trained to
serve patients and communities.
(7) A strong public health system requires a strong
preventive medicine workforce.
SEC. 3. LOAN PAYMENT ASSISTANCE FOR PREVENTIVE MEDICINE PHYSICIANS.
(a) Payments.--On behalf of any eligible preventive medicine
physician, the Secretary of Health and Human Services may pay up to
$20,000 of the medical education loans incurred by the physician.
(b) Application.--To request a payment under this section, an
eligible preventive medicine physician shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(c) Definitions.--In this section:
(1) The term ``eligible preventive medicine physician''
means a practicing physician who receives board certification
in preventive medicine during the period of fiscal years 2007
through 2011.
(2) The term ``medical education loan'' means the
outstanding principal of and interest on a loan incurred for
the cost of attendance (including tuition, other reasonable
educational expenses, and reasonable living costs) at a school
of medicine.
(3) The term ``school of medicine'' has the meaning given
to that term in section 799B of the Public Health Service Act
(42 U.S.C. 295p).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011.
SEC. 4. WELLNESS PROGRAM CREDIT.
(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 inserting after section 45M the following new
section:
``SEC. 45N. WELLNESS PROGRAM CREDIT.
``(a) General Rule.--For purposes of section 38, the wellness
program credit determined under this section for any taxable year is an
amount equal to $200 per qualified employee employed by the eligible
employer during the taxable year.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed 25 percent of the
eligible employer's regular tax liability (as defined in section
26(b)).
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
health screenings and other programs in which the
eligible employer's employees have participated during
the taxable year.
``(2) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with a physician (as
defined in section 213(d)) who is board certified in
preventive medicine,
``(B) that provides at least 2 preventive health
screenings for the benefit of the eligible employer's
employees,
``(C) that provides counseling, seminars, self-help
materials, and other resources related to at least 3 of
the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(D) whose qualified participants include not less
than 50 percent of the eligible employer's full-time
employees.
``(3) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(4) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual who
participates in at least 2 of the preventive health screenings
or other programs offered through a qualified wellness program
during the taxable year, as determined by the eligible employer
who has developed and implemented such qualified wellness
program.
``(d) Termination.--This section shall not apply in taxable years
beginning after December 31, 2011.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``and'' at the end of paragraph (29), by striking the period at
the end of paragraph (30) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(31) the wellness program credit determined under section
45N(a).''.
(2) 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 45M the following new item:
``Sec. 45N. Wellness program credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 5. NATIONAL EDUCATION CAMPAIGN.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Agency for Healthcare Research and Quality,
shall carry out a national education campaign to encourage the use of
preventive health screenings by individuals, employers, physicians,
hospitals, State and local health departments, community health
centers, industrial sites, occupational health centers, academic
centers, private practices, the military, and Federal departments and
agencies.
(b) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011. | Preventive Medicine for a Healthier America Act of 2006 - Authorizes the Secretary of Health and Human Services to pay up to $20,000 of the medical education loans incurred by any physician who receives board certification in preventive medicine from FY2007-FY2011.
Amends the Internal Revenue Code to provide for a wellness program tax credit for employers that develop and implement a program that provides: (1) at least two preventive health screenings for employees; and (2) counseling, seminars, self-help materials, and other resources related to preventive health.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to carry out a national education campaign to encourage the use of preventive health screenings. | {"src": "billsum_train", "title": "To promote preventive health care for Americans."} | 1,515 | 162 | 0.549631 | 1.498597 | 0.726784 | 4.764286 | 10.064286 | 0.921429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Fuels Promotion Act''.
SEC. 2. FINDINGS.
The Senate finds the following:
(1)(A) Since 1994, the United States has imported over half
its oil.
(B) Without efforts to mitigate this dependence on foreign
oil, the percentage of oil imported is expected to grow to all-
time highs.
(C) This reliance on foreign oil presents a national
security risk, which Congress should address through policy
changes designed to increase the use of domestically-available
alternative transportation fuels.
(2)(A) The importing of a majority of the oil used in the
United States contributes negatively to the balance of trade of
the United States.
(B) Assuring the Nation's economic security demands the
development and promotion of domestically-available alternative
transportation fuels.
(3)(A) The reliance on oil as a transportation fuel has
numerous negative environmental consequences, including
increasing air pollution and greenhouse gas emissions.
(B) Developing alternative transportation fuels will help
address these environmental impacts by reducing emissions.
(4) In order to encourage installation of alternative
fueling infrastructure, and make alternative fuels economically
favorable to the producer, distributor, marketer, and consumer,
tax credits provided at the point of distribution into an
alternative fuel vehicle are necessary.
(5)(A) In the short-term, United States alternative fuel
policy must be made fuel neutral.
(B) Fuel neutrality will foster private innovation and
commercialization using the most technologically feasible and
economic fuels available.
(C) This will allow market forces to decide the alternative
fuel winners and losers.
(6)(A) Tax credits which have been in place have led to
increases in the quantity and quality of alternative fuel
technology available today.
(B) Extending these credits is an efficient means of
promoting alternative fuel vehicles and alternative fueling
infrastructures.
(7)(A) The Federal fleet is one of the best customers for
alternative fuel vehicles due to its combination of large
purchasing power, tight record keeping, geographic diversity,
and high fuel usage.
(B) For these reasons, the National Energy Policy Act of
1991 required Federal fleets to purchase certain numbers of
alternatively-fueled vehicles.
(C) In most cases, these requirements have not been met.
(D) Efforts must be made to ensure that all Federal
agencies comply with Federal fleet purchase requirement laws
and executive orders.
TITLE I--TAX INCENTIVES
SEC. 101. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) Increased Credit for Vehicles Which Meet Certain Range
Requirements.--
(1) In general.--Section 30(a) of the Internal Revenue Code
of 1986 (relating to allowance of credit) is amended to read as
follows:
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the sum of--
``(A) 10 percent of the cost of any qualified
electric vehicle placed in service by the taxpayer
during the taxable year, plus
``(B) in the case of any such vehicle also meeting
the requirement described in paragraph (2), $5,000.
``(2) Range requirement.--The requirement described in this
paragraph is a driving range of at least 100 miles--
``(A) on a single charge of the vehicle's
rechargeable batteries, fuel cells, or other portable
source of electrical current, and
``(B) measured pursuant to the urban dynamometer
schedules under appendix I to part 86 of title 40, Code
of Federal Regulations.''.
(2) Conforming amendment.--Section 30(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``subsection (a)''
and inserting ``subsection (a)(1)(A)''.
(b) Credit Extended Through 2010.--
(1) In general.--Section 30(e) of the Internal Revenue Code
of 1986 (relating to termination) is amended by striking
``2004'' and inserting ``2010''.
(2) Conforming amendments.--Section 30(b)(2) of such Code
(relating to phaseout) is amended--
(A) by striking ``2002'' in subparagraph (A) and
inserting ``2008'',
(B) by striking ``2003'' in subparagraph (B) and
inserting ``2009'', and
(C) by striking ``2004'' in subparagraph (C) and
inserting ``2010''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of enactment of this
Act.
SEC. 102. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF ALTERNATIVE
FUELING STATIONS.
(a) In General.--Subparagraph (A) of section 179A(b)(2) of the
Internal Revenue Code of 1986 (relating to qualified clean-fuel vehicle
refueling property) is amended to read as follows:
``(A) In general.--The aggregate cost which may be
taken into account under subsection (a)(1)(B) with
respect to qualified clean-fuel vehicle refueling
property placed in service during the taxable year at a
location shall not exceed the sum of--
``(i) with respect to costs not described
in clause (ii), the excess (if any) of--
``(I) $100,000, over
``(II) the aggregate amount of such
costs taken into account under
subsection (a)(1)(B) by the taxpayer
(or any related person or predecessor)
with respect to property placed in
service at such location for all
preceding taxable years, plus
``(ii) the lesser of--
``(I) the cost of the installation
of such property, or
``(II) $30,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of enactment of this Act.
SEC. 103. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR
VEHICLE FUEL.
(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 inserting after section 40 the following:
``SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR
VEHICLE FUEL.
``(a) General Rule.--For purposes of section 38, the clean burning
fuel retail sales credit of any taxpayer for any taxable year is 50
cents for each gasoline gallon equivalent of clean burning fuel sold at
retail by the taxpayer during such year as a fuel to propel any
qualified motor vehicle.
``(b) Definitions.--For purposes of this section--
``(1) Clean burning fuel.--The term `clean burning fuel'
means natural gas, compressed natural gas, liquefied natural
gas, liquefied petroleum gas, hydrogen, and any liquid at least
85 percent of which consists of methanol.
``(2) Gasoline gallon equivalent.--The term `gasoline
gallon equivalent' means, with respect to any clean burning
fuel, the amount (determined by the Secretary) of such fuel
having a Btu content of 114,000.
``(3) Qualified motor vehicle.--The term `qualified motor
vehicle' means any motor vehicle (as defined in section
179A(e)) which meets any applicable Federal or State emissions
standards with respect to each fuel by which such vehicle is
designed to be propelled.
``(4) Sold at retail.--
``(A) In general.--The term `sold at retail' means
the sale, for a purpose other than resale, after
manufacture, production, or importation.
``(B) Use treated as sale.--If any person uses
clean burning fuel as a fuel to propel any qualified
motor vehicle (including any use after importation)
before such fuel is sold at retail, then such use shall
be treated in the same manner as if such fuel were sold
at retail as a fuel to propel such a vehicle by such
person.
``(c) No Double Benefit.--The amount of the credit determined under
subsection (a) shall be reduced by the amount of any deduction or
credit allowable under this chapter for fuel taken into account in
computing the amount of such credit.
``(d) Termination.--This section shall not apply to any fuel sold
at retail after December 31, 2007.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the clean burning fuel retail sales credit
determined under section 40A(a).''.
(c) Transitional Rule.--Section 39(d) of the Internal Revenue Code
of 1986 (relating to transitional rules) is amended by adding at the
end the following:
``(9) No carryback of section 40a credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the clean burning fuel retail
sales credit determined under section 40A(a) may be carried
back to a taxable year ending before January 1, 1999.''.
(d) 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 inserting after the item relating to section 40 the
following:
``Sec. 40A. Credit for retail sale of clean burning fuels as
motor vehicle fuel.''.
(e) Effective Date.--The amendments made by this section shall
apply to fuel sold at retail after December 31, 1999, in taxable years
ending after such date.
TITLE II--PROGRAM EFFICIENCIES
SEC. 201. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL
VEHICLES.
Section 102(a) of title 23, United States Code, is amended by
inserting ``(unless, at the discretion of the State highway department,
the vehicle operates on, or is fueled by, an alternative fuel (as
defined in section 301 of Public Law 102-486 (42 U.S.C. 13211(2)))''
after ``required''. | Title II: Program Efficiencies
- Amends Federal law concerning HOV passenger requirements to permit an exception for alternative fuel vehicles. | {"src": "billsum_train", "title": "Alternative Fuels Promotion Act"} | 2,407 | 30 | 0.445192 | 1.10076 | 0.353612 | 1.608696 | 91.695652 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Service Implementation Act
of 1993''.
SEC. 2. INAPPLICABILITY OF DEMONSTRATION PROGRAM LOAN FORGIVENESS TO
INDIVIDUALS PERFORMING NATIONAL COMMUNITY SERVICE.
Section 428J of the Higher Education Act of 1965 (hereafter in this
Act referred to as the ``Act'') (20 U.S.C. 1078-10) is amended--
(1) in the heading for subsection (b), by striking
``Demonstration program'' and inserting ``Program authorized'';
(2) in the heading for paragraph (1) of subsection (b), by
striking ``In General'' and inserting ``Demonstration
Program'';
(3) in subsection (b)--
(A) in clause (ii) of subparagraph (A), by
inserting ``or'' after the semicolon at the end
thereof;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(4) in subsection (g)--
(A) in paragraph (1), by striking ``program'' and
inserting ``programs'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``program'' and inserting ``programs'';
(ii) in subparagraph (C), by striking
``program'' and inserting ``programs'';
(iii) in subparagraph (D), by striking
``program'' each place such term appears and
inserting ``programs''; and
(iv) in subparagraph (E), by striking
``program'' each place such term appears and
inserting ``programs''; and
(C) in paragraph (5) of subsection (g)--
(i) by striking ``to carry out this
section''; and
(ii) by inserting ``to carry out the
demonstration program described in subsection
(b)(2)'' after ``succeeding fiscal years''.
SEC. 3. LOAN FORGIVENESS ENTITLEMENT PROGRAM.
Subsection (b) of section 428J of the Act (20 U.S.C. 1078-10(b)) is
further amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Entitlement program.--(A) The Secretary, in
consultation with the Secretary of Health and Human Services,
shall assume the obligation to repay, and repay, a loan made,
insured or guaranteed under this part (excluding loans made
under sections 428A, 428B, or 428C) for any borrower having an
application approved under subsection (e) who agrees in writing
to volunteer for service under the Peace Corps Act or under the
Domestic Volunteer Service Act of 1973, or to perform
comparable service as a full-time employee of an organization
which is exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, if the borrower does not receive
compensation which exceeds the greater of--
``(i) the minimum wage rate described in section 6
of the Fair Labor Standards Act of 1938; or
``(ii) an amount equal to 100 percent of the
poverty line for a family of two (as defined in section
673(2) of the Community Services Block Grant Act.
``(B) Entitlement provisions.--Each borrower described in
subparagraph (A) having an application approved under
subsection (e) shall be entitled to receive loan repayment in
accordance with the provisions of this section. Each such
borrower shall be deemed to have a contractual right, as
against the United States, to receive from the Secretary such
loan repayment.''.
SEC. 4. NUMBER OF LOANS WHICH MAY BE FORGIVEN; LOAN REPAYMENT.
Subsection (c) of section 428J of the Act (20 U.S.C. 1078-10(c)) is
amended--
(1) in the heading for paragraph (1), by striking ``In
general'' and inserting ``Demonstration program'';
(2) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``The Secretary'' and inserting ``In the case
of individuals described in subparagraphs (A) and (B) of
subsection (b)(1), the Secretary'';
(3) in subparagraph (A) of paragraph (1), by striking
``subsection (a)'' and inserting ``subsection (b)(1)'';
(4) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(5) by inserting after paragraph (1) the following new
paragraph:
``(1) Entitlement program.--In the case of individuals
described in subsection (b)(2)(A), the Secretary shall assume
the obligation to repay--
``(A) 15 percent of the total amount of Stafford
loans incurred by the student borrower for the first
academic year in which such borrower meets the
requirements described in subsection (b)(2)(A);
``(B) 20 percent of such total amount for such
second academic year;
``(C) 25 percent of such total amount for such
third academic year; and
``(D) 30 percent of such total amount for such
fourth academic year.''.
SEC. 5. LOAN CANCELLATION APPLICABILITY FOR PERKINS LOAN BORROWERS WHO
PERFORM NATIONAL SERVICE.
Section 465(a)(2) of the Act (20 U.S.C. 1087ee(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (H);
(2) by striking the period at the end of subparagraph (I)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(J) as a full-time volunteer under the Peace
Corps Act or under the Domestic Volunteer Service Act
of 1973, or for comparable service as a full-time
employee of an organization which is exempt from
taxation under section 501(c)(3) of the Internal
Revenue Code of 1986, if the borrower does not receive
compensation which exceeds the greater of--
``(i) the minimum wage rate described in
section 6 of the Fair Labor Standards Act of
1938; or
``(ii) an amount equal to 100 percent of
the poverty line for a family of two (as
defined in section 673(2) of the Community
Service Block Grant Act).''. | National Service Implementation Act of 1993 - Amends the Higher Education Act of 1965 (HEA) to revise, expand, and accelerate implementation of loan forgiveness incentives for student borrowers who perform certain full-time, low-paid national community service (as a volunteer under the Peace Corps Act or the Domestic Volunteer Service Act of 1973, or comparable service with a tax-exempt organization).
Establishes a loan forgiveness entitlement program for such borrowers under the Federal Family Education Loans (FFEL) program (formerly known as the guaranteed student loan or Stafford loan program). (Makes a current demonstration program for FFEL forgiveness for certain teachers and nurses inapplicable to such borrowers.) Makes such entitlement program applicable to such borrowers whether their borrowing occurred before or after the beginning of such program, and provides that such forgiveness shall be for an increasing portion of the total of Stafford (or FFEL) loans for the four academic years (15 percent for the first, 20 for the second, 25 for the third, and 30 for the fourth).
Makes Perkins direct student loan cancellation provisions applicable to Perkins direct loan borrowers who perform the same full-time, low-paid national community service. | {"src": "billsum_train", "title": "National Service Implementation Act of 1993"} | 1,513 | 257 | 0.504829 | 1.35351 | 0.663873 | 1.726087 | 5.878261 | 0.804348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quiet Communities Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Approximately 28,000,000 Americans are afflicted with
some hearing loss and it has been estimated that 10,000,000 of
these impairments are at least partially attributable to damage
from exposure to noise.
(2) For millions of Americans, noise from aircraft,
vehicular traffic, and a variety of other sources is a constant
source of torment. Millions of Americans are exposed to noise
levels that can lead to sleep loss, psychological and
physiological damage, and work disruption.
(3) Chronic exposure to noise has been linked to increased
risk of cardiovascular disorders, learning deficits in
children, stress, and diminished quality of life.
(4) Excessive noise leading to sleep deprivation and task
interruptions can result in untold costs on society in
diminished worker productivity.
(5) Pursuant to authorities granted under the Clean Air Act
of 1970, the Noise Control Act of 1972, and the Quiet
Communities Act of 1978, the Environmental Protection Agency
established an Office of Noise Abatement and Control. Its
responsibilities included promulgating noise emission
standards, requiring product labeling, facilitating the
development of low emission products, coordinating Federal
noise reduction programs, assisting State and local abatement
efforts, and promoting noise education and research. However,
funding for the Office of Noise Abatement and Control was
terminated in 1982 and no funds have been provided since.
(6) Because the Environmental Protection Agency remains
legally responsible for enforcing regulations issued under the
Noise Control Act of 1972 even though funding for these
activities were terminated, and because the Noise Control Act
of 1972 prohibits State and local governments from regulating
noise sources in many situations, noise abatement programs
across the country lie dormant.
(7) As population growth and air and vehicular traffic
continue to increase, noise pollution is likely to become an
even greater problem in the future. The health and welfare of
our citizens demands that the Environmental Protection Agency,
the lead Federal agency for the protection of public health and
welfare, once again assume a role in combating noise pollution.
SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL.
(a) Reestablishment.--The Administrator of the Environmental
Protection Agency shall reestablish within the Environmental Protection
Agency an Office of Noise Abatement and Control.
(b) Duties.--The responsibilities of the Office include the
following:
(1) To promote the development of effective State and local
noise control programs by providing States with technical
assistance and grants to develop the programs, including the
purchase of equipment for local communities.
(2) To carry out a national noise control research program
to assess the impacts of noise from varied noise sources on
mental and physical health.
(3) To carry out a national noise environmental assessment
program to identify trends in noise exposure and response,
ambient levels, and compliance data and to determine the
effectiveness of noise abatement actions, including actions for
areas around major transportation facilities (such as highways,
railroad facilities, and airports).
(4) To develop and disseminate information and educational
materials to the public on the mental and physical effects of
noise and the most effective means for noise control through
the use of materials for school curricula, volunteer
organizations, radio and television programs, publications, and
other means.
(5) To develop educational and training materials and
programs, including national and regional workshops, to support
State and local noise abatement and control programs.
(6) To establish regional technical assistance centers
which use the capabilities of university and private
organizations to assist State and local noise control programs.
(7) To undertake an assessment of the effectiveness of the
Noise Control Act of 1972.
(c) Preferred Approaches.--In carrying out its duties under this
section, the Office shall emphasize noise abatement approaches that
rely on local and State activities, market incentives, and coordination
with other public and private agencies.
(d) Study.--
(1) In general.--Using funds made available to the Office,
the Administrator shall carry out a study of airport noise. The
Administrator shall carry out the study by entering into
contracts or other agreements with independent scientists with
expertise in noise measurements, noise effects, and noise
abatement techniques to conduct the study.
(2) Contents.--The study shall examine the selection of
noise measurement methodologies by the Federal Aviation
Administration, the threshold of noise at which health impacts
are felt, and the effectiveness of noise abatement programs at
airports around the Nation.
(3) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study, together with
specific recommendations on new measures that can be
implemented to mitigate the impact of aircraft noise on
surrounding communities.
SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM.
Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C.
4913(c)(1)) is amended--
(1) by striking ``and,'' at the end of subparagraph (C);
and
(2) by adding at the end the following:
``(E) establishing and implementing training
programs on use of noise abatement equipment; and
``(F) implementing noise abatement plans;''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2002 through 2006 $21,000,000 for activities of the Office of Noise
Abatement and Control reestablished under section 3. | Quiet Communities Act of 2001 - Directs the Administrator of the Environmental Protection Agency to reestablish an Office of Noise Abatement and Control.Requires the Administrator, using funds made available to the Office, to carry out a study of airport noise.Amends the Noise Control Act of 1972 to include the establishment of training programs on the use of noise abatement equipment and the implementation of noise abatement plans in the list of purposes for which grants under the Quiet Communities Program are provided. | {"src": "billsum_train", "title": "To reestablish the Office of Noise Abatement and Control in the Environmental Protection Agency, and for other purposes."} | 1,212 | 112 | 0.470612 | 1.28635 | 0.798924 | 3.41573 | 12.820225 | 0.898876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Investor Financial Education
Act''.
SEC. 2. FINANCIAL EDUCATION GRANTS AND SUBGRANTS.
(a) Grants to State Educational Agencies.--From the sums allocated
under section 4, the Secretary of Education shall award grants to State
educational agencies to support the provision of financial education in
high schools in accordance with sections 3 and 5.
(b) Subgrants to Local Educational Agencies.--From any of the grant
funds awarded under subsection (a), a State educational agency may
award a subgrant to a local educational agency to support the provision
of financial education in high schools in accordance with sections 3
and 5.
SEC. 3. APPLICATION.
(a) In General.--To qualify to receive a grant under section 2(a),
a State educational agency shall submit an application to the Secretary
at such time and in such manner as the Secretary may require, and
containing the information described in subsection (b).
(b) Contents.--The application required by subsection (a) shall
include a description of the financial education program that will be
developed and implemented with the grant or subgrant funds received
under this Act, including--
(1) the classes and topics covered in the program;
(2) certification that not later than the next school year
after the receipt of the grant, financial education will be
available in high schools under the jurisdiction of such State
educational agency; and
(3) any other information that the Secretary may require.
SEC. 4. RESERVATION AND FORMULA.
(a) Outlying Areas.--From the sums appropriated under section 8 for
each fiscal year, the Secretary shall reserve not more than 0.5 percent
of such sums for payments to outlying areas, to be allotted in
accordance with their respective needs for assistance under this Act,
as determined by the Secretary.
(b) States.--
(1) Formula.--From the sums appropriated under section 8
for each fiscal year and not reserved under subsection (a) of
this section or section 7, the Secretary shall allot, and make
available in accordance with this Act, to each State
educational agency in a State with an approved application an
amount that bears the same ratio to such sums as the number of
individuals aged 14 through 17 in the State to the total number
of individuals aged 14 through 17 in all States, except that no
State educational agency shall receive less than an amount
equal to one-half of 1 percent of such sums.
(2) Reallotment of unused funds.--If a State educational
agency does not submit an application or the Secretary does not
approve a State educational agency's application, the Secretary
shall reallot any portion of the State educational agency's
allotment under paragraph (1) to the remaining State
educational agencies in accordance with paragraph (1).
SEC. 5. USES OF FUNDS.
A State educational agency or local educational agency that
receives a grant or subgrant under this Act shall use the grant or
subgrant funds--
(1) to develop or to purchase financial education
materials;
(2) to train teachers in financial education course work,
such as responsible money management, credit card use, saving,
investing, and financial planning; and
(3) to pay for other incidental costs related to
establishing financial education programs in high schools.
SEC. 6. REPORTING.
(a) State Educational Agencies.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, each State
educational agency receiving a grant under this Act shall prepare and
submit a report to the Secretary containing information on the
financial education programs and activities carried out by the State
educational agency, and the effectiveness of such programs and
activities in improving the financial education of high school
students.
(b) Secretary.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the financial education programs and
activities carried out under this Act, and the effectiveness of such
programs and activities in improving the financial education of high
school students.
SEC. 7. CLEARINGHOUSE.
From the sums appropriated under section 8 for each fiscal year,
the Secretary shall reserve $2,000,000 of such sums to establish and
maintain, through grant or by contract, a central clearinghouse of
information that--
(1) provides information and technical assistance to State
educational agencies and local educational agencies in
developing content and curriculum materials for high school
financial education;
(2) maintains, coordinates, and disseminates information on
effective financial education programs, including private and
non-profit school-based financial education programs, that hold
the potential for broad scale implementation and replication;
and
(3) publishes, on an annual basis, a list of State
educational agencies or local educational agencies that are
grant or subgrant recipients under this Act, and the amounts
such State educational agencies or local educational agencies
receive under this Act.
SEC. 8. APPROPRIATIONS.
There are authorized to be appropriated $100,000,000 to carry out
this Act for each of the fiscal years 2010 through 2014.
SEC. 9. DEFINITIONS.
The following definitions apply to this Act:
(1) Charter school.--The term ``charter school'' has the
meaning given such term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i);
(2) Financial education.--The term ``financial education''
means course work for high school students that is aligned with
State academic standards and promotes financial literacy, such
as responsible money management, credit card use, saving,
investing, and financial planning;
(3) High school.--The term ``high school'' means a
nonprofit institutional day or residential school, including a
charter school, providing grade 9 through grade 12 education,
as determined under State law.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and, until an
agreement for the extension of United States education
assistance under the Compact of Free Association for the
Republic of Palau becomes effective after the date of enactment
of this Act, includes the Republic of Palau.
(6) Secretary.--The term ``Secretary'' means Secretary of
Education.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(8) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801). | Young Investor Financial Education Act - Directs the Secretary of Education to award grants to states and, through them, subgrants to local educational agencies to establish financial education programs in high schools and train teachers in such course work.
Allots funds to states based on their share of the country's 14 through 17 year olds, but requires each state grantee to receive at least one-half of 1% of the allotted funds.
Directs the Secretary to create and maintain a central clearinghouse of information on high school financial education programs. | {"src": "billsum_train", "title": "To award grants to State educational agencies to support the provision of financial education to high school students."} | 1,526 | 118 | 0.572145 | 1.501673 | 0.577535 | 2.316832 | 14.19802 | 0.871287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission of the Federal
Response to Natural Disasters in Puerto Rico Act of 2018''.
SEC. 2. ESTABLISHMENT AND PURPOSE.
(a) Establishment.--There is established a National Commission of
the Federal Response to Natural Disasters in Puerto Rico (in this Act
referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to examine the
Federal preparedness, response, and recovery to the 2017 natural
disasters in Puerto Rico, including the Federal Government's
consideration of the following aspects:
(1) Federal preparedness activities prior to Hurricanes
Irma and Maria, including Federal plans for the 2017 hurricane
season and decisionmaking regarding prepositioning contracts
and supplies.
(2) Federal response activities during Hurricanes Irma and
Maria, including Federal coordination, distribution of
assistance, and contracting.
(3) Federal recovery activities after Hurricanes Irma and
Maria, including Federal efforts to obtain accurate accounting
of the death toll, damage impacts, and long-term rebuilding
assistance for survivors.
SEC. 3. CONSIDERATIONS.
To carry out its examination, the Commission shall take into
consideration the Federal preparedness, response, and recovery efforts
in Puerto Rico as compared to other jurisdictions that were impacted by
the 2017 hurricane season, as well as the following issues:
(1) The impact and destruction of Hurricane Irma, Hurricane
Maria, the resulting landslides, and flooding.
(2) The adequacy of the death toll methodology and
processes, and whether previous death counts and mortality
estimates slowed or otherwise affected Federal response
efforts.
(3) The Federal emergency and contingency plans in place
before the 2017 hurricane season.
(4) The Federal preparedness guidelines issued ahead of the
2017 hurricane season.
(5) The vulnerability of Puerto Rico's economic situation
on Federal preparedness.
(6) The implications of Puerto Rico's reliance on imported
oil for power generation.
(7) The adequacy of the telecommunications network in
Puerto Rico.
(8) The capacity of the local government and Federal
Government to quickly mobilize and respond to disasters and
emergencies in Puerto Rico.
(9) The impact of the uncertainty in long-term Federal
health care funding on medical and emergency readiness.
(10) The implication of Puerto Rico's treatment under the
Internal Revenue Code of 1986 and its impact on readiness.
(11) The adequacy of available data and its effects on the
Federal response.
(12) The geographic, ecological, and infrastructure issues
that could have affected response efforts.
(13) A comparison of response efforts in other United
States jurisdictions vis-a-vis efforts in Puerto Rico for the
2017 hurricane season.
SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.
(a) Members.--The Commission shall be composed of 8 members, of
whom two shall be appointed by the Speaker of the House of
Representatives, two shall be appointed by the Majority Leader of the
Senate, two shall be appointed by the Minority Leader of the House of
Representatives, and two shall be appointed by the Minority Leader of
the Senate.
(b) Chair and Vice Chair.--The Commission, by majority vote, shall
choose a Chair and Vice Chair.
(c) Qualifications and Restrictions.--
(1) In general.--Individuals shall be selected for
appointment on the Commission solely on the basis of their
professional qualifications, experience, and expertise in
relevant fields, including disaster response and emergency
preparedness.
(2) Restrictions.--Individuals may not be an officer or
employee of the Federal Government or any State, or a current
elected official of the local government.
(d) Appointment.--
(1) In general.--All members of the Commission shall be
appointed not later than 30 days after the date of the
enactment of this Act.
(2) Presidential authority.--The President shall have no
authority to terminate the appointment of any member of the
commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made not later than 60 days after the date on which the
vacancy occurs.
(f) Compensation.--
(1) In general.--Members of the Commission may be
compensated for travel expenses necessary to conduct the work
and services for the Commission.
(2) Travel expenditures.--Members shall be allowed travel
expenditures, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(g) Staff.--
(1) In general.--With a majority vote of the Commission,
members may recruit personnel to assist with the Commission's
work, including the creation of the report.
(2) Personnel.--Any such personnel may include private
citizens, employees or detailees of the Federal Government, or
employees of the territorial government.
SEC. 5. FUNCTIONS AND POWERS OF THE COMMISSION.
(a) Quorum.--
(1) In general.--Not later than 60 days after the date on
which all members of the Commission have been appointed, the
Commission shall meet and begin the operations of the
Commission.
(2) Subsequent meetings.--Each subsequent meeting shall
occur upon the call of the Chair or a majority of its members.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
meetings.
(b) Public Meetings.--The Commission shall host not less than 10
public meetings in locations that are accessible to individuals of
every municipality with elected officials, local community leaders,
academic institutions, for-profit and non-for-profit organizations, and
individuals in Puerto Rico to the extent appropriate.
(c) Written Input.--The Commission shall allow participants both in
Puerto Rico and the mainland to provide written input to be included in
an appendix of the final report.
(d) Hearings.--
(1) In general.--The Commission may hold hearings, take
testimony, and receive evidence for its investigation.
(2) Protection of information.--Any public hearings of the
Commission shall be conducted in a manner consistent with the
protection of information provided to or developed for or by
the Commission as required by any applicable statute,
regulation, or Executive order.
(e) Subpoenas.--The Commission may issue subpoenas requiring the
attendance and testimony of witnesses, and requiring the submission of
data, books, records, correspondence, memoranda, papers, documents,
electronic files, metadata, tapes, and materials of any nature relating
to any matter under investigation.
(f) Information From Agencies.--The Commission may secure directly
from any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and statistics.
(g) GSA Services.--The Administrator of General Services shall
provide to the Commission on a reimbursable basis administrative
support and other services for the performance of the Commission's
functions.
(h) Federal Assistance From Other Agencies.--Departments and
agencies of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services as they
may determine advisable and as may be authorized by law.
(i) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
SEC. 6. REPORTS OF COMMISSION.
(a) Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report on the causes and circumstances surrounding the
natural disasters in Puerto Rico, including preparedness and immediate
response, and providing recommendations to guard against future natural
disasters outside of the continental United States, which shall contain
findings, conclusions, and recommendations as have been agreed to by a
majority of Commission members and shall--
(1) be made available to the public in the English and
Spanish languages;
(2) include findings for the issues described in section 2;
and
(3) include--
(A) the number and nature of complaints filed to
the Inspectors General for Federal agencies responsible
in the aftermath of the 2017 natural disasters;
(B) details on Federal procurement and acquisition
practices in the aftermath of the 2017 natural
disasters;
(C) details on disaster mitigation protocols given
cultural and language differences; and
(D) disaster response processes taking into account
demographics (age, race, gender, income) and the impact
on segments of the population with disabilities.
(b) Appendix.--An appendix to the final report shall include
written input of participants in Puerto Rico and the mainland.
(c) Interim Report.--Not later than 6 months after the date of
enactment of this Act, the Commission shall provide to Congress an
interim report.
SEC. 7. SUNSET.
The Commission shall terminate on the day that is 90 days after the
date on which the final report is submitted.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $3,000,000 to carry out this
Act, to remain available until expended. | National Commission of the Federal Response to Natural Disasters in Puerto Rico Act of 2018 This bill establishes a National Commission of the Federal Response to Natural Disasters in Puerto Rico to examine the federal preparedness, response, and recovery to the 2017 natural disasters in Puerto Rico. The commission shall take into consideration the federal preparedness, response, and recovery efforts in Puerto Rico as compared to other jurisdictions impacted by the 2017 hurricane season, and consider other issues, including the impact and destruction of Hurricanes Irma and Maria, the vulnerability of Puerto Rico's economic situation on preparedness, the implications of Puerto Rico's reliance on imported oil for power generation, and the adequacy of the telecommunications network in Puerto Rico. | {"src": "billsum_train", "title": "National Commission of the Federal Response to Natural Disasters in Puerto Rico Act of 2018"} | 2,025 | 159 | 0.719059 | 1.96713 | 0.908724 | 6.416667 | 14.204545 | 0.977273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Veterans Health Care
Improvement Act of 2007''.
SEC. 2. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT AT
FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.
Section 111 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``subsistence),'' and inserting
``subsistence at a rate equivalent to the rate provided
to Federal employees under section 5702 of title 5),'';
and
(B) by striking ``traveled,'' and inserting ``(at a
rate equivalent to the rate provided to Federal
employees under section 5704 of title 5),'';
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).
SEC. 3. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL
ACTIVITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330A. Centers for rural health research, education, and
clinical activities
``(a) Establishment of Centers.--The Secretary, through the
Director of the Office of Rural Health, shall establish and operate not
less than one and not more than five centers of excellence for rural
health research, education, and clinical activities, which shall--
``(1) conduct research on the provision of health services
in rural areas;
``(2) develop specific models to be used by the Department
in furnishing health services to veterans in rural areas;
``(3) provide education and training for health care
professionals of the Department on the furnishing of health
services to veterans in rural areas; and
``(4) develop and implement innovative clinical activities
and systems of care for the Department for the furnishing of
health services to veterans in rural areas.
``(b) Geographic Dispersion.--The Secretary shall ensure that the
centers authorized under this section are located at health care
facilities that are geographically dispersed throughout the United
States.
``(c) Selection Criteria.--The Secretary may not designate a health
care facility as a location for a center under this section unless--
``(1) the peer review panel established under subsection
(d) determines that the proposal submitted by such facility
meets the highest competitive standards of scientific and
clinical merit; and
``(2) the Secretary determines that the facility has, or
may reasonably be anticipated to develop, the following:
``(A) An arrangement with an accredited medical
school to provide residents with education and training
in health services for veterans in rural areas.
``(B) The ability to attract the participation of
scientists who are capable of ingenuity and creativity
in health care research efforts.
``(C) A policymaking advisory committee, composed
of appropriate health care and research representatives
of the facility and of the affiliated school or
schools, to advise the directors of such facility and
such center on policy matters pertaining to the
activities of such center during the period of the
operation of such center.
``(D) The capability to conduct effectively
evaluations of the activities of such center.
``(d) Panel To Evaluate Proposals.--(1) The Director of the Office
of Rural Health shall establish a panel--
``(A) to evaluate the scientific and clinical merit of
proposals submitted to establish centers under this section;
and
``(B) to provide advice to the Director regarding the
implementation of this section.
``(2) The panel shall review each proposal received from the
Secretary and shall submit its views on the relative scientific and
clinical merit of each such proposal to the Secretary.
``(3) The panel established under paragraph (1) shall be comprised
of experts in the fields of public health research, education, and
clinical care.
``(4) Members of the panel shall serve as consultants to the
Department for a period not to exceed two years.
``(5) The panel shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(e) Funding.--(1) There are authorized to be appropriated to the
Medical Care Account and the Medical and Prosthetics Research Account
of the Department of Veterans Affairs such sums as may be necessary for
the support of the research and education activities of the centers
operated under this section.
``(2) There shall be allocated to the centers operated under this
section, from amounts authorized to be appropriated to the Medical Care
Account and the Medical and Prosthetics Research Account by paragraph
(1), such amounts as the Under Secretary of health considers
appropriate for such centers. Such amounts shall be allocated through
the Director of the Office of Rural Health.
``(3) Activities of clinical and scientific investigation at each
center operated under this section--
``(A) shall be eligible to compete for the award of funding
from funds appropriated for the Medical and Prosthetics
Research Account; and
``(B) shall receive priority in the award of funding from
such account to the extent that funds are awarded to projects
for research in the care of rural veterans.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330 the following new item:
``7330A. Centers for rural health research, education, and clinical
activities.''.
SEC. 4. TRANSPORTATION GRANTS FOR RURAL VETERANS SERVICE ORGANIZATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a grant program to provide innovative transportation
options to veterans in remote rural areas.
(2) Use of funds.--Grants awarded under this section may be
used by State veterans' service agencies and veterans service
organizations to--
(A) assist veterans in remote rural areas to travel
to Department of Veterans Affairs medical centers; and
(B) otherwise assist in providing medical care to
veterans in remote rural areas.
(3) Maximum amount.--The amount of a grant under this
section may not exceed $50,000.
(4) No matching requirement.--The recipient of a grant
under this section shall not be required to provide matching
funds as a condition for receiving such grant.
(b) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating grant applications under this section; and
(2) otherwise administering the program established by this
section.
(c) Veterans Service Organization Definition.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 for each of fiscal years 2008 through 2012 to
carry out this section.
SEC. 5. DEMONSTRATION PROJECTS ON ALTERNATIVES FOR EXPANDING CARE FOR
VETERANS IN RURAL AREAS.
(a) In General.--The Secretary of Veterans Affairs, through the
Director of the Office of Rural Health, shall carry out demonstration
projects to examine alternatives for expanding care for veterans in
rural areas, including the following:
(1) Establishing a partnership between the Department of
Veterans Affairs and the Centers for Medicare and Medicaid
Services of the Department of Health and Human Services to
coordinate care for veterans in rural areas at critical access
hospitals (as designated or certified under section 1820 of the
Social Security Act (42 U.S.C. 1395i-4)).
(2) Establishing a partnership between the Department of
Veterans Affairs and the Department of Health and Human
Services to coordinate care for veterans in rural areas at
community health centers.
(3) Expanding coordination between the Department of
Veterans Affairs and the Indian Health Service to expand care
for Native American veterans.
(b) Geographic Distribution.--The Secretary of Veterans Affairs
shall ensure that the demonstration projects authorized under
subsection (a) are located at facilities that are geographically
distributed throughout the United States.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit a
report on the results of the demonstration projects conducted under
subsection (a) to--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6. REPORT TO CONGRESS ON MATTERS RELATED TO CARE FOR VETERANS WHO
LIVE IN RURAL AREAS.
(a) Annual Report.--The Secretary of Veterans Affairs shall submit
to Congress each year, together with documents submitted to Congress in
support of the budget of the President for the fiscal year beginning in
such year (as submitted pursuant to section 1105 of title 31, United
States Code), an assessment, current as of the fiscal year ending in
the year before such report is submitted, of the following:
(1) The implementation of the provisions of this Act,
including the amendments made by this Act.
(2) The establishment and function of the Office of Rural
Health under section 7308 of title 38, United States Code.
(b) Additional Requirements for Initial Report.--The Secretary of
Veterans Affairs shall submit to Congress, together with the first
report submitted under subsection (a), an assessment of the following:
(1) The fee-basis health-care program required by
subsection (b) of section 212 of the Veterans Benefits, Health
Care, and Information Technology Act of 2006 (Public Law 109-
461; 120 Stat. 3422).
(2) The outreach program required by section 213 of such
Act. | Rural Veterans Health Care Improvement Act of 2007 - Authorizes the Secretary of Veterans Affairs to pay travel expenses for veterans receiving treatment at Department of Veterans Affairs (VA) facilities at the rate provided to federal employees in connection with the performance of official duties.
Directs the Secretary to: (1) establish and operate at least one and up to five centers of excellence for rural health research, education, and clinical activities; (2) establish a grant program to provide innovative transportation options to veterans in remote rural areas; (3) carry out demonstration projects to examine alternatives for expanding care for veterans in rural areas; and (4) report annually to Congress on matters related to VA care for veterans residing in rural areas. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve health care for veterans who live in rural areas, and for other purposes."} | 2,115 | 139 | 0.606995 | 1.512453 | 0.716099 | 4.242857 | 14.392857 | 0.9 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Advisory
Committee Act Amendments of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Ensuring independent advice and expertise.
Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee
Act and public disclosure.
Sec. 4. Increasing transparency of advisory committees.
Sec. 5. Comptroller General review and reports.
Sec. 6. Definitions.
Sec. 7. Effective date.
SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE.
(a) Bar on Political Litmus Tests.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended--
(1) in the section heading by inserting ``membership;''
after ``advisory committees;'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Appointments Made Without Regard to Political Affiliation or
Activity.--All appointments to advisory committees shall be made
without regard to political affiliation or political activity, unless
required by Federal statute.''.
(b) Conflicts of Interest Disclosure.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is further amended by inserting
after subsection (b) (as added by subsection (a)) the following:
``(c) Conflicts of Interest Disclosure.--
``(1)(A) The head of each agency shall ensure that no
individual appointed to serve on an advisory committee that
reports to the agency has a conflict of interest that is
relevant to the functions to be performed by the advisory
committee, unless the head of the agency determines that the
need for the individual's services outweighs the potential
impacts of the conflict of interest.
``(B) If the head of the agency makes such a determination
with respect to an individual, nothing in this subsection is
intended to preclude the head of the agency from requiring the
recusal of the individual from particular aspects of the
committee's work.
``(C) In the case of an individual appointed as a
representative, the fact that an individual is associated with
the entity whose views are being represented by the individual
shall not itself be considered a conflict of interest by the
agency.
``(2) The head of each agency shall require--
``(A) that each individual the agency appoints or
intends to appoint to serve on an advisory committee as
a representative inform the agency official responsible
for appointing the individual in writing of any actual
or potential conflict of interest--
``(i) that exists before appointment or
that arises while the individual is serving on
the Committee; and
``(ii) that is relevant to the functions to
be performed; and
``(B) that, for an individual appointed to serve on
an advisory committee, the conflict is publicly
disclosed as described in section 11.
``(3) Nothing in this subsection is intended to alter any
requirement or obligation for a special Government employee
under the Ethics in Government Act (5 U.S.C. App.) or other
applicable ethics law, including any requirement to file a
financial disclosure report. The head of each agency shall
require that each individual the agency appoints as a special
Government employee inform the agency in writing of any
conflict that exists before appointment or that arises while
the individual is serving on the committee to the extent any
financial disclosure required by the Ethics in Government Act
(5 U.S.C. app.) or other applicable law would not uncover the
conflict of interest as such term is defined in regulations
promulgated by the Office of Government Ethics to carry out
this subsection.
``(4) The head of each agency shall ensure that each report
of an advisory committee that reports to the agency is the
result of the advisory committee's judgment, independent from
the agency. Each advisory committee shall include in each
report of the committee a statement describing the process used
by the advisory committee in formulating the recommendations or
conclusions contained in the report.''.
(c) Regulations.--
(1) Regulations relating to conflicts of interest.--Not
later than 180 days after the date of the enactment of this
Act, the Director of the Office of Government Ethics, in
consultation with the Administrator of General Services, shall
promulgate--
(A) regulations defining the term ``conflict of
interest'';
(B) regulations identifying the method by which
individuals must disclose conflicts and the period of
time for which a representative or special Government
employee, or a candidate for appointment as a
representative or special Government employee, shall
look back in time to determine whether an interest is
considered a conflict for the purpose of the
notification requirement in subsection (c) of section 9
of the Federal Advisory Committee Act, as added by this
section; and
(C) such other regulations as the Director finds
necessary to carry out and ensure the enforcement of
such subsection (c).
(2) Regulations implementing faca.--Section 7(c) of the
Federal Advisory Committee Act (5 U.S.C. App.) is amended by
inserting after ``(c)'' the following: ``The Administrator
shall promulgate regulations as necessary to implement this
Act.''.
SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE
ACT AND PUBLIC DISCLOSURE.
(a) De Facto Members.--Section 4 of the Federal Advisory Committee
Act (5 U.S.C. App.) is amended by adding at the end the following:
``(d) Treatment of Individual as Member.--An individual who is not
a full-time or permanent part-time officer or employee of the Federal
Government shall be regarded as a member of a committee if the
individual regularly attends and participates in committee meetings as
if the individual were a member, even if the individual does not have
the right to vote or veto the advice or recommendations of the advisory
committee.''.
(b) Interagency Advisory Committees.--Section 11 of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end
the following:
``(f) Interagency Advisory Committees.--(1) Any communication
between--
``(A) an interagency advisory committee established by the
President or the Vice President or any member or staff acting
on behalf of such an interagency advisory committee, and
``(B) any person who is not an officer or employee of the
Federal Government,
shall be made available for public inspection and copying. Any
portion of a communication that involves a matter described in
section 552(b) of title 5, United States Code, or that is
subject to a valid constitutionally based privilege against
such disclosure, may be withheld from public disclosure.
``(2) In this subsection, the term `interagency advisory committee'
means any committee, board, commission, council, conference, panel,
task force, or other similar group, or any subcommittee or other
subgroup thereof, established in the interest of obtaining advice or
recommendations for the President or the Vice President, that is
composed wholly of full-time, or permanent part-time, officers or
employees of the Federal Government and includes officers or employees
of at least two separate Federal agencies but does not include an
advisory committee as defined in section 3(2) of this Act.
``(3) This subsection is not intended to apply to cabinet meetings,
the National Security Council, the Council of Economic Advisors, or any
other permanent advisory body established by statute.''.
(c) Subcommittees.--Section 4 of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended by striking subsection (a) and inserting the
following:
``(a) Application.--The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply to each
advisory committee, including any subcommittee or subgroup thereof,
except to the extent that any Act of Congress establishing any such
advisory committee specifically provides otherwise. Any subcommittee or
subgroup that reports to a parent committee established under section
9(a) is not required to comply with section 9(e). In this subsection,
the term `subgroup' includes any working group, task force, or other
entity formed for the purpose of assisting the committee or any
subcommittee of the committee in its work.''.
(d) Committees Created Under Contract.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C) by adding at the end the following: ``An
advisory committee is considered to be established by an agency,
agencies, or the President, if it is formed, created, or organized
under contract, other transactional authority, cooperative agreement,
grant, or otherwise at the request or direction of, an agency,
agencies, or the President.''.
(e) Advisory Committees Containing Special Government Employees.--
Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is
further amended by adding at the end the following new subsection:
``(e) Special Government Employees.--Committee members appointed as
special government employees shall not be considered full-time or part-
time officers or employees of the Federal Government for purposes of
determining the applicability of this Act under section 3(2).''.
SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES.
(a) Information Requirement.--Section 11 of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 11. DISCLOSURE OF INFORMATION.'';
(2) by redesignating subsection (a) as subsection (d) and
in that subsection--
(A) by inserting the following subsection heading:
``Availability of Paper Copies of Transcripts.--''; and
(B) by inserting after ``duplication,'' the
following: ``paper'';
(3) by striking ``(b)'' and inserting ``(e) Agency
Proceeding Defined.--''; and
(4) by inserting before subsection (d), as redesignated by
paragraph (2), the following new subsections:
``(a) In General.--With respect to each advisory committee, the
head of the agency to which the advisory committee reports shall make
publicly available in accordance with subsection (b) the following
information:
``(1) The charter of the advisory committee.
``(2) A description of the process used to establish and
appoint the members of the advisory committee, including the
following:
``(A) The process for identifying prospective
members.
``(B) The process of selecting members for balance
of viewpoints or expertise.
``(C) A justification of the need for
representative members, if any.
``(3) A list of all current members, including, for each
member, the following:
``(A) The name of any person or entity that
nominated the member.
``(B) The reason the member was appointed to the
committee.
``(C) Whether the member is designated as a special
government employee or a representative.
``(D) In the case of a representative, the
individuals or entity whose viewpoint the member
represents.
``(E) Any conflict of interest relevant to the
functions to be performed by the committee.
``(4) A list of all members designated as special
government employees for whom written certifications were made
under section 208(b) of title 18, United States Code, a summary
description of the conflict necessitating the certification,
and the reason for granting the certification.
``(5) A summary of the process used by the advisory
committee for making decisions.
``(6) Transcripts or audio or video recordings of all
meetings of the committee.
``(7) Any written determination by the President or the
head of the agency to which the advisory committee reports,
pursuant to section 10(d), to close a meeting or any portion of
a meeting and the reasons for such determination.
``(8) Notices of future meetings of the committee.
``(9) Any additional information considered relevant by the
head of the agency to which the advisory committee reports.
``(b) Manner of Disclosure.--
``(1) Except as provided in paragraph (2), the head of an
agency shall make the information required to be disclosed
under this section available electronically on the official
public internet site of the agency at least 15 calendar days
before each meeting of an advisory committee. If the head of
the agency determines that such timing is not practicable for
any required information, he shall make the information
available as soon as practicable but no later than 48 hours
before the next meeting of the committee. An agency may
withhold from disclosure any information that would be exempt
from disclosure under section 552 of title 5, United States
Code.
``(2) The head of an agency shall make available
electronically, on the official public internet site of the
agency, a transcript or audio or video recording of each
advisory committee meeting not later than 30 calendar days
after the meeting.
``(c) Provision of Information by Administrator of General
Services.--The Administrator of General Services shall provide, on the
official public internet site of the General Services Administration,
electronic access to the information made available by each agency
under this section.''.
(b) Charter Filing.--Section 9(e) of the Federal Advisory Committee
Act (5 U.S.C. App.), as redesignated by section 2, is amended--
(1) by striking ``with (1) the Administrator,'' and all
that follows through ``, or'' and inserting ``(1) with the
Administrator and'';
(2) by striking ``and'' at the end of subparagraph (I);
(3) by striking the period and inserting a semicolon at the
end of subparagraph (J); and
(4) by adding at the end the following new subparagraphs:
``(K) the authority under which the committee is
established;
``(L) the estimated number of members and a description of
the expertise needed to carry out the objectives of the
committee;
``(M) a description of whether the committee will be
composed of special government employees, representatives, or
members from both categories; and
``(N) whether the committee has the authority to create
subcommittees and if so, the agency official authorized to
exercise such authority.''.
SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS.
(a) Review.--The Comptroller General of the United States shall
review compliance by agencies with the Federal Advisory Committee Act,
as amended by this Act, including whether agencies are appropriately
appointing advisory committee members as either special government
employees or representatives.
(b) Report.--The Comptroller General shall submit to the committees
described in subsection (c) two reports on the results of the review,
as follows:
(1) The first report shall be submitted not later than one
year after the date of promulgation of regulations under
section 2.
(2) The second report shall be submitted not later than
five years after such date of promulgation of regulations.
(c) Committees.--The committees described in this subsection are
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 6. DEFINITIONS.
Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is
amended by adding at the end the following new paragraphs:
``(5) The term `representative' means an individual who is
not a full-time or part-time employee of the Federal Government
and who is appointed to an advisory committee to represent the
views of an entity or entities outside the Federal Government.
``(6) The term `special Government employee' has the same
meaning as in section 202(a) of title 18, United States
Code.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act, except as otherwise provided in section 2(c)(1).
Passed the House of Representatives June 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Advisory Committee Act Amendments of 2008 - (Sec. 2) Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs each agency head to: (1) ensure that no individual who has a conflict of interest is appointed unless the need for the individual's services outweighs the potential impacts of the conflict; (2) require that each individual to be appointed inform the agency of any actual or potential conflict that exists before the appointment or that arises while the individual is serving; and (3) ensure that advisory committee reports are the result of the committee's judgment, independent from the agency.
Declares that: (1) this Act is not intended to preclude agency heads from requiring the recusal of individuals with conflicts from particular aspects of the committee's work; and (2) an individual representative's association with the entity whose views are being represented shall not itself be considered to be a conflict of interest.
Requires: (1) the public disclosure of any conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining "conflict of interest" and identifying the method for disclosure and the period back in time an interest is considered a conflict; and (3) the Administrator of General Services to promulgate regulations to implement the Federal Advisory Committee Act.
(Sec. 3) Regards an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of a committee if the individual regularly attends and participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the committee's advice or recommendations.
(Sec. 4) Requires public disclosure of: (1) any communication between an interagency advisory committee established by the President or the Vice President and a person who is not a federal officer or employee; (2) charters of advisory committees; (3) the process used to establish and appoint committee members; (4) specified information about current members; (5) each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future committee meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 30 days after for meeting transcripts or recordings). Authorizes an agency to withhold from disclosure any information that would be exempt from disclosure under the Freedom of Information Act. Requires the Administrator of General Services to provide electronic access to such information on the General Services Administration's (GSA's) Internet site.
Requires committee charters to include: (1) the authority under which the committee is established; (2) the estimated number of members and a description of the expertise needed to carry out the committee's objectives; (3) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and (4) whether the committee has the authority to create subcommittees and, if so, the agency official authorized to exercise such authority.
(Sec. 5) Requires the Comptroller General to review and report on agency compliance with the Federal Advisory Committee Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. | {"src": "billsum_train", "title": "To amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees, and for other purposes."} | 3,690 | 737 | 0.66745 | 2.156254 | 0.745818 | 4.155589 | 5.187311 | 0.962236 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory Cost
Relief Act of 1993''.
SEC. 2. TAX CREDIT FOR CERTAIN REGULATORY COSTS.
(a) General Rule.--Section 44 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 44. SMALL BUSINESS REGULATORY COSTS.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified small business, the regulatory cost credit determined under
this section for any taxable year is 50 percent of so much of the
qualified regulatory costs for the taxable year as exceed $250.
``(b) Qualified Small Business.--For purposes of this section, the
term `qualified small business' means any person if--
``(1)(A) such person is a small business concern as defined
in section 3(a) of the Small Business Act and the regulations
thereunder, or
``(B) a certification that such person is a small business
concern under section 8(b)(6) of the Small Business Act (15
U.S.C. 637(b)(6)) is in effect as of the close of the taxable
year, and
``(2) such person elects the application of this section
for the taxable year.
``(c) Qualified Regulatory Costs.--For purposes of this section--
``(1) In general.--The term `qualified regulatory costs'
means the sum of the following amounts paid or incurred during
the taxable year:
``(A) The federally required nonproductive
expenditures.
``(B) The product approval costs.
``(2) Federally required nonproductive expenditures.--
``(A) In general.--The term `federally required
nonproductive expenditure' means any amount which is
paid or incurred by the taxpayer in connection with any
plant or other property operated by the taxpayer and
which--
``(i) is certified by the Federal
certifying authority to the Secretary as being
necessary or appropriate for the operation of
such plant or property to be in compliance
with--
``(I) the requirements of any
regulation issued pursuant to any
Federal law, or
``(II) the requirements of any
regulation issued pursuant to a State
law which was adopted to meet a
requirement of such Federal law;
``(ii) does not significantly--
``(I) increase the output or
capacity, extend the useful life, or
reduce the total operating costs of any
property, or
``(II) alter the nature of any
manufacturing or production process,
and
``(iii) cannot reasonably be expected to be
recovered over its useful life by reason of
profits derived through the recovery of wastes
or otherwise.
``(B) Expenses with respect to new property not
eligible.--The term `federally required nonproductive
expenditure' does not include any amount paid or
incurred in connection with any property first placed
in service after the later of--
``(i) the date on which the regulation
became final, or
``(ii) the date of the enactment of the
Small Business Regulatory Cost Relief Act of
1993.
``(C) Federal certifying authority.--The term
`Federal certifying authority' means the head of the
Federal agency which has the primary jurisdiction over
the Federal law referred to in subparagraph (A)(i)(I).
``(3) Product approval costs.--The term `product approval
costs' means amounts paid or incurred by the taxpayer in
connection with determining the safety or effectiveness of any
product or service in order to comply with the requirements of
any Federal law.
``(d) Special Rules.--
``(1) Treatment of expenditures to provide access to
disabled individuals.--For purposes of this section, the term
`qualified regulatory costs' includes any eligible access
expenditures as defined in this section as in effect on the day
before the date of the enactment of the Small Business
Regulatory Cost Relief Act of 1993.
``(2) Denial of double benefit.--If a credit is determined
under this section with respect to any qualified regulatory
cost--
``(A) no deduction or credit shall be allowed under
any other provision of this chapter for the credit
portion of such cost, and
``(B) no increase in the adjusted basis of any
property shall result from the credit portion of such
cost.
For purposes of the preceding sentence, the term `credit
portion' means, with respect to any qualified regulatory cost
for any taxable year, the amount which bears the same ratio to
the credit determined under this section for such taxable year
as the amount of such cost bears to the entire amount of
qualified regulatory costs for such taxable year.''
(b) Credit Part of General Business Credit.--Paragraph (7) of
section 38(b) of such Code is amended to read as follows:
``(7) in the case of a qualified small business (as defined
in section 44(b)), the regulatory cost credit determined under
section 44(a), plus.''
(c) Conforming Amendment.--The paragraph of section 39(d) of such
Code which relates to the credit under section 44 is amended by adding
at the end thereof the following new sentence: ``No portion of the
unused business credit for any taxable year which is attributable to
the additional credit determined under section 44 by reason of the
Small Business Regulatory Cost Relief Act of 1993 may be carried back
to taxable year ending before the date of the enactment of such Act.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 44 and inserting the following:
``Sec. 44. Small business regulatory
costs.''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act in taxable years ending after such date of enactment. | Small Business Regulatory Cost Relief Act of 1993 - Amends the Internal Revenue Code to replace the small business tax credit for expenditures to provide access to disabled individuals with the small business tax credit for regulatory costs. Makes such credit 50 percent of qualified regulatory costs for a taxable year as exceed $250. Declares that such costs include eligible access expenditures for the disabled. | {"src": "billsum_train", "title": "Small Business Regulatory Cost Relief Act of 1993"} | 1,355 | 80 | 0.567029 | 1.333706 | 0.948585 | 3.5 | 17.528571 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Estate Revitalization Act of
2010''.
SEC. 2. TREATMENT OF FOREIGN INVESTMENTS IN UNITED STATES REAL
PROPERTY.
(a) Interest in Domestic Corporation Not a United States Real
Property Interest.--Subsection (c) of section 897 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) United States Real Property Interest.--For purposes of this
section--
``(1) In general.--The term `United States real property
interest' means an interest in real property (including an
interest in a mine, well, or other natural deposit) located in
the United States or the Virgin Islands.
``(2) Other special rules.--
``(A) Interest in real property.--The term
`interest in real property' includes fee ownership and
co-ownership of land or improvements thereon,
leaseholds of land or improvements thereon, options to
acquire land or improvements thereon, and options to
acquire leaseholds of land or improvements thereon.
``(B) Real property includes associated personal
property.--The term `real property' includes movable
walls, furnishings, and other personal property
associated with the use of the real property.''.
(b) Rules for Certain Investment Entities.--Section 897(h) of such
Code is amended to read as follows:
``(h) Special Rules for Certain Investment Entities.--For purposes
of this section--
``(1) Look-through of distributions.--Any distribution by a
qualified investment entity to a nonresident alien individual
or a foreign corporation shall, to the extent attributable to
gain from sales or exchanges by the qualified investment entity
(including as a result of sales or exchanges by a lower-tier
qualified investment entity) of United States real property
interests, be included in such foreign person's gross income as
an ordinary dividend from the qualified investment entity.
``(2) Liquidating distributions.--In the event of a
liquidating distribution, the lesser of--
``(A) gain recognized under section 331, or
``(B) the amount that would be treated as an
ordinary dividend pursuant to paragraph (1),
shall be treated as an ordinary dividend.
``(3) Partnerships.--For purposes of this paragraph, a
qualified investment entity shall be deemed to own its
proportionate share of each of the assets of any partnership
(as defined in section 7701(a)(2)) in which the qualified
investment entity has an interest as a partner.
``(4) Qualified investment entity.--The term `qualified
investment entity' means any real estate investment trust and
any regulated investment company.''.
(c) Repeal of the Election by a Foreign Corporation To Be Treated
as a Domestic Corporation.--Section 897 of such Code is amended by
striking subsection (i).
(d) Conforming Amendments.--
(1) Section 852(b)(3)(E) of such Code is amended by
striking ``to which section 897 does not apply by reason of the
second sentence of section 897(h)(1)'' and inserting
``described in section 897(h)(1)''.
(2) Section 857(b)(3)(F) of such Code is amended by
striking ``In the case of a shareholder of a real estate
investment trust to whom section 897 does not apply by reason
of the second sentence of section 897(h)(1)'' and inserting
``In the case of a distribution described in section 897(h)(1)
to a shareholder of a real estate investment trust''.
(3) Section 871(k)(2)(E) of such Code is amended by
striking ``to which section 897 does not apply by reason of the
second sentence of section 897(h)(1)'' and inserting
``described in section 897(h)(1)''.
(4) Section 884(d)(2) of such Code is amended by striking
subparagraph (C) and redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(5)(A) Section 1445(b) of such Code is amended by striking
paragraphs (3), (6), and (8) and by redesignating paragraphs
(4), (5), (7), and (9) as paragraphs (3), (4), (5), and (6),
respectively.
(B) Section 1445(d)(1)(A) of such Code is amended by
striking ``or a domestic corporation furnishes the transferee
an affidavit described in paragraph (3) of subsection (b)''.
(C) Section 1445(e) of such Code is amended by striking
paragraphs (3) and (6) and by redesignating paragraphs (4),
(5), and (7) as paragraphs (3), (4), and (5), respectively.
(6) Paragraphs (1) and (2) of section 6039C(d) of such Code
are amended to read as follows:
``(1) to the United States, in the case of any interest in
real property located in the United States, and
``(2) to the Virgin Islands, in the case of any interest in
real property located in the Virgin Islands.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Real Estate Revitalization Act of 2010 - Amends the Internal Revenue Code, with respect to foreign investment in United States real property, to: (1) redefine "United States real property interest" to eliminate exclusions relating to interests in holding corporations; (2) treat distributions of real property interests by a real estate investment trusts (REIT) or a regulated investment company (RIC) as ordinary dividends; and (3) repeal the election allowed to foreign corporations to be treated as a domestic corporation for purposes of investment in a United States real property interest. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the treatment of foreign investments in United States real property, and for other purposes."} | 1,207 | 121 | 0.602601 | 1.50647 | 0.634958 | 1.897196 | 10.009346 | 0.813084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wasatch Range Recreation Access
Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is interest in providing direct public access
between the Wasatch Range front and back in the State of Utah
by linking ski resorts in the area by means of a skier
transport, lift, or tramway;
(2) the primary ski resorts in the Wasatch Range in Utah
are situated within a 5 mile radius, but currently there is no
convenient transportation link between the resorts;
(3) The Canyons Ski Resort and Solitude Mountain Resort
have proposed a public access transportation connection through
construction of a minimally invasive transportation
alternative, called ``SkiLink'', which would cross
approximately 30 acres of the Uinta-Wasatch-Cache National
Forest from private land at The Canyons Ski Resort in Summit
County, Utah, to private land at Solitude Mountain Resort in
Big Cottonwood Canyon, Utah;
(4) the land and resource management plan for the Uinta-
Wasatch-Cache National Forest prohibits new alpine ski lifts on
National Forest System land;
(5) despite efforts by the Utah Department of
Transportation, the Wasatch Front Regional Council, and the
Utah Transit Authority to increase transit and carpool access
in Big Cottonwood Canyon, daily traffic on winter weekends
ranges between 8,000 and 9,000 vehicles per day;
(6) studies show that the establishment of the SkiLink
would reduce ski season vehicle traffic between The Canyons
Resort and Solitude Mountain Resort by as many as 18,000 cars
per year or 1,000,000 fewer miles driven per year, and the
amount of the reduction is expected to increase over time;
(7) SkiLink would produce immediate traffic benefits,
including a reduction in PM 2.5 and other emissions in Parley's
Canyon and Big Cottonwood Canyons;
(8) a preliminary environmental review of the proposed
SkiLink corridor assessed the potential impact of SkiLink on
special status species, water quality and watershed resources,
and visual resources and found that no federally listed species
or critical habitat would be affected and that any water,
plant, and wildlife issues could be addressed through
mitigation;
(9) minimally invasive, environmentally sound construction
techniques would be used to construct SkiLink, including the
use of helicopters for concrete placement and tower
installations;
(10) the winter sport industry in Utah is a significant
contributor to the economy of Utah, with the ski/snowboarding
industry bringing $1,260,000,000 to Utah during the 2009/2010
ski season and resulting in 20,000 jobs; and
(11) economic analysis of SkiLink shows it would infuse
another $50,000,000 a year into Utah's economy and create 500
new jobs in the tourism and hospitality industries by creating
the largest interconnected ski network in the United States and
providing access to more than 6,000 acres of ski terrain.
SEC. 3. CONVEYANCE OF NATIONAL FOREST SYSTEM LAND, UINTA-WASATCH-CACHE
NATIONAL FOREST, SALT LAKE COUNTY, UTAH.
(a) Conveyance Required; Purpose.--Subject to subsection (e), the
Secretary of Agriculture shall convey, by sale, to Canyons-SkiLink,
LLC, all right, title, and interest of the United States in and to a
parcel of National Forest System Land in the Uinta-Wasatch-Cache
National Forest in Salt Lake County, Utah, consisting of approximately
30 acres, as identified on the map entitled ``SkiLink parcels, November
2011'', for the purpose of permitting Canyons-SkiLink, LLC, to
construct a ski-lift, gondola, or tramway to serve as a public-access
transportation interconnection of the Wasatch Front and the Wasatch
Back Mountains.
(b) Consideration.--As consideration for the conveyance of the
National Forest System land under subsection (a), Canyons-SkiLink, LLC,
shall pay to the Secretary of Agriculture an amount equal to at least
the fair market value of the Federal land as of the date of enactment
of this Act.
(c) Determination of Fair Market Value.--
(1) In general.--The fair market value of the National
Forest System land to be conveyed under subsection (a) shall be
based on an appraisal acceptable to the Secretary of
Agriculture.
(2) Deadline.--The appraisal shall be completed not later
than 180 days after the date of enactment of this Act.
(d) Reversionary Interest.--
(1) In general.--If the Secretary of Agriculture determines
at any time that the National Forest System land conveyed under
subsection (a) has not been used for a period of 10 years or
longer in accordance with the purpose of the conveyance all
right, title, and interest in and to the conveyed land,
including any improvements thereto shall, at the option of the
Secretary of Agriculture, revert to and become the property of
the United States, the United States shall have the right of
immediate entry onto the land.
(2) Determination.--A determination by the Secretary of
Agriculture under this subsection shall be made on the record
after an opportunity for a hearing.
(e) Environmental Compliance.--In making the conveyance under this
section, the Secretary of Agriculture shall complete all actions that
may be required under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) any other applicable laws. | Wasatch Range Recreation Access Enhancement Act - Directs the Secretary of Agriculture (USDA) to convey, by sale, a specified parcel of National Forest System land within the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to Canyons-SkiLink, LLC, to allow it to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains.
Requires Canyons-SkiLink to pay to the Secretary an amount equal to at least the fair market value of such land.
Requires the fair market value of the National Forest System land to be conveyed under this Act to be determined based on an appraisal that is acceptable to the Secretary. | {"src": "billsum_train", "title": "A bill to provide for the sale of approximately 30 acres of Federal land in Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to permit the establishment of a minimally invasive transportation alternative called \"SkiLink\" to connect 2 ski resorts in the Wasatch Mountains, and for other purposes."} | 1,221 | 177 | 0.550827 | 1.829313 | 0.608167 | 5.70922 | 7.822695 | 0.943262 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Presidential Tax Disclosure Act of
2017''.
SEC. 2. DISCLOSURE OF FEDERAL INCOME TAX RETURNS OF THE PRESIDENT.
(a) In General.--Any individual holding the office of President
shall submit to the Director of the Office of Government Ethics a copy
of each Federal income tax return filed by such individual with the
Internal Revenue Service for any taxable year ending during the period
such individual holds such office. Such copy shall be so submitted not
later than the earlier of the date which is 90 days after such return
is so filed or the end of the calendar year in which such return is so
filed.
(b) Application to Certain Prior Year Returns.--Not later than 90
days after an individual first assumes the office of President, such
individual shall submit to the Director of the Office of Government
Ethics a copy of each Federal income tax return filed by such
individual with the Internal Revenue Service for the 3 most recent
taxable years ending before the date on which such individual first
assumes such office.
(c) Public Disclosure.--In the case of any Federal income tax
return received by the Director of the Office of Government Ethics
under subsection (a) or (b) of this section or section 6103(l)(23) of
the Internal Revenue Code of 1986, the Director shall, not later than 7
business days after receiving such return--
(1) make such return publicly available on the Internet;
and
(2) submit such return to the Committees on the Judiciary,
Ways and Means, and Oversight and Government Reform of the
House of Representatives and to the Committees on the Judiciary
and Finance of the Senate.
(d) Special Rules.--
(1) Disclosure of entire return.--Any reference in this
section to a Federal income tax return includes all schedules,
supplements, amendments, and attachments with respect to such
return. In the case of any such schedule, supplement,
amendment, or attachment which is not filed with the Internal
Revenue Service on the same date as the return, such schedule,
supplement, amendment, or attachment shall be treated as a
separate return for purposes of determining the deadline for
submission and disclosure under this section.
(2) Permitted redactions.--No information may be redacted
from any return submitted or disclosed under this section,
except the following information:
(A) Any Social Security number of any individual.
(B) Any taxpayer identification number of any
person.
(C) Any account identification number.
(D) Any name of any dependent of the taxpayer.
(3) Application to spouses.--
(A) Joint returns.--In the case of any return which
is filed jointly with the spouse of any individual, the
entire return shall be treated as the return of such
individual for purposes of this section.
(B) Separate returns.--If the spouse of any
individual to whom subsection (a) applies files a
Federal income tax return which is separate from such
individual, this section and section 6103(l)(23) of the
Internal Revenue Code of 1986 shall apply to such
return in the same manner as such section would apply
if such return were filed by such individual.
(e) Enforcement by Attorney General.--
(1) The Attorney General may bring a civil action in any
appropriate United States district court against any individual
who knowingly falsifies or who knowingly fails to submit or
disclose any information that such individual is required to
submit or disclose pursuant to this section or section
6103(l)(23) of the Internal Revenue Code of 1986. The court may
assess against such individual a civil penalty in an amount of
not more than $50,000.
(2) It shall be unlawful for any person to knowingly--
(A) falsify any information that such person is
required to submit or disclose under this section or
section 6103(l)(23) of the Internal Revenue Code of
1986; or
(B) fail to so submit or disclose such information.
(3) Any person who--
(A) violates paragraph (2)(A) shall be fined not
more than $50,000, imprisoned for not more than 6
months, or both, and
(B) violates paragraph (2)(B) shall be fined not
more than $50,000, imprisoned for not more than 6
months or both.
(4) The Director of the Office of Government Ethics, or any
Committee referred to in subsection (c)(2), may refer to the
Attorney General the name of any individual which such Director
or Committee has reasonable cause to believe has violated
paragraph (2).
(f) Alternative Disclosure by Secretary of the Treasury.--Section
6103(l) of the Internal Revenue Code of 1986 is amended by adding at
the end the following new paragraph:
``(23) Disclosure of tax returns of the president.--
``(A) In general.--If any Federal income tax return
required to be submitted to the Director of the Office
of Government Ethics under subsection (a) or (b) of
section 2 of the Presidential Tax Disclosure Act of
2017 is not so submitted before the date specified in
such subsection with respect to such submission (or if
any such return so submitted is incomplete or
inaccurate), the Secretary shall disclose such return
to the Director of the Office of Government Ethics not
later than 30 days after such date.
``(B) Redactions; etc.--Rules similar to the rules
of section 2(d) of the Presidential Tax Disclosure Act
of 2017 shall apply for purposes of this paragraph,
except that the Secretary shall redact the information
described in subparagraphs (A) through (D) of paragraph
(2) of such section before disclosing such return under
subparagraph (A).
``(C) Redisclosure.--Return information disclosed
under subparagraph (A) may be redisclosed by the
Director of the Office of Government Ethics as provided
in section 2(c) of the Presidential Tax Disclosure Act
of 2017.''.
(g) Effective Date.--This section, and the amendments made by this
section, shall apply with respect to individuals assuming the office of
President after December 31, 2016. | Presidential Tax Disclosure Act of 2017 This bill requires any individual holding the office of President to submit federal tax returns to the Office of Government Ethics (OGE). The individual must submit: (1) each return filed with the Internal Revenue Service (IRS) for any year ending while the individual is President, and (2) each return filed with the IRS for the three years before the individual assumed office. After receiving the returns, the OGE must: (1) make the returns publicly available on the Internet, and (2) submit the returns to specified congressional committees. No information may be redacted from the disclosed returns except for: (1) Social Security, tax identification, and account identification numbers; and (2) the names of any dependent of the taxpayer. The bill establishes civil and criminal penalties to enforce the disclosure requirements. It also amends the Internal Revenue Code to permit the IRS to disclose to the OGE any federal tax return that is required to be disclosed by this bill, but has not been submitted to the OGE within a specified deadline. | {"src": "billsum_train", "title": "Presidential Tax Disclosure Act of 2017"} | 1,308 | 207 | 0.565024 | 1.559305 | 0.787557 | 2.109005 | 5.895735 | 0.838863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Ninth Circuit Reorganization
Act of 1999''.
SEC. 2. DIVISIONAL ORGANIZATION OF THE COURT OF APPEALS FOR THE NINTH
CIRCUIT.
(a) Regional Divisions.--Effective 180 days after the date of
enactment of this Act, the United States Court of Appeals for the Ninth
Circuit shall be organized into 3 regional divisions designated as the
Northern Division, the Middle Division, and the Southern Division, and
a nonregional division designated as the Circuit Division.
(b) Review of Decisions.--
(1) Nonapplication of section 1294.--Section 1294 of title
28, United States Code, shall not apply to the Ninth Circuit
Court of Appeals. The review of district court decisions shall
be governed as provided in this subsection.
(2) Review.--Except as provided in sections 1292(c),
1292(d), and 1295 of title 28, United States Code, once the
court is organized into divisions, appeals from reviewable
decisions of the district and territorial courts located within
the Ninth Circuit shall be taken to the regional divisions of
the Ninth Circuit Court of Appeals as follows:
(A) Appeals from the districts of Alaska, Guam,
Hawaii, Idaho, Montana, the Northern Mariana Islands,
Oregon, Eastern Washington, and Western Washington
shall be taken to the Northern Division.
(B) Appeals from the districts of Eastern
California, Northern California, and Nevada shall be
taken to the Middle Division.
(C) Appeals from the districts of Arizona, Central
California, and Southern California shall be taken to
the Southern Division.
(D) Appeals from the Tax Court, petitions to
enforce the orders of administrative agencies, and
other proceedings within the court of appeals'
jurisdiction that do not involve review of district
court actions shall be filed in the court of appeals
and assigned to the division that would have
jurisdiction over the matter if the division were a
separate court of appeals.
(3) Assignment of judges.--Each regional division shall
include from 7 to 11 judges of the court of appeals in active
status. A majority of the judges assigned to each division
shall reside within the judicial districts that are within the
division's jurisdiction as specified in paragraph (2). Judges
in senior status may be assigned to regional divisions in
accordance with policies adopted by the court of appeals. Any
judge assigned to 1 division may be assigned by the chief judge
of the circuit for temporary duty in another division as
necessary to enable the divisions to function effectively.
(4) Presiding judges.--Section 45 of title 28, United
States Code, shall govern the designation of the presiding
judge of each regional division as though the division were a
court of appeals, except that the judge serving as chief judge
of the circuit may not at the same time serve as presiding
judge of a regional division, and that only judges resident
within, and assigned to, the division shall be eligible to
serve as presiding judge of that division.
(5) Panels.--Panels of a division may sit to hear and
decide cases at any place within the judicial districts of the
division, as specified by a majority of the judges of the
division. The divisions shall be governed by the Federal Rules
of Appellate Procedure and by local rules and internal
operating procedures adopted by the court of appeals. The
divisions may not adopt their own local rules or internal
operating procedures. The decisions of 1 regional division
shall not be regarded as binding precedents in the other
regional divisions.
(c) Circuit Division.--
(1) In general.--In addition to the 3 regional divisions
specified under subsection (a), the Ninth Circuit Court of
Appeals shall establish a Circuit Division composed of the
chief judge of the circuit and 12 other circuit judges in
active status, chosen by lot in equal numbers from each
regional division. Except for the chief judge of the circuit,
who shall serve ex officio, judges on the Circuit Division
shall serve nonrenewable, staggered terms of 3 years each. One-
third of the judges initially selected by lot shall serve terms
of 1 year each, one-third shall serve terms of 2 years each,
and one-third shall serve terms of 3 years each. Thereafter all
judges shall serve terms of 3 years each. If a judge on the
Circuit Division is disqualified or otherwise unable to serve
in a particular case, the presiding judge of the regional
division to which that judge is assigned shall randomly select
a judge from the division to serve in the place of the
unavailable judge.
(2) Jurisdiction.--The Circuit Division shall have
jurisdiction to review, and to affirm, reverse, or modify any
final decision rendered in any of the court's divisions that
conflicts on an issue of law with a decision in another
division of the court. The exercise of such jurisdiction shall
be within the discretion of the Circuit Division and may be
invoked by application for review by a party to the case,
setting forth succinctly the issue of law as to which there is
a conflict in the decisions of 2 or more divisions. The Circuit
Division may review the decision of a panel within a division
only if en banc review of the decision has been sought and
denied by the division.
(3) Procedures.--The Circuit Division shall consider and
decide cases through procedures adopted by the court of appeals
for the expeditious and inexpensive conduct of the division's
business. The Circuit Division shall not function through
panels. The Circuit Division shall decide issues of law on the
basis of the opinions, briefs, and records in the conflicting
decisions under review, unless the Circuit Division determines
that special circumstances make additional briefing or oral
argument necessary.
(4) En banc proceedings.--Section 46 of title 28, United
States Code, shall apply to each regional division of the Ninth
Circuit Court of Appeals as though the division were the court
of appeals. Section 46(c) of title 28, United States Code,
authorizing hearings or rehearings en banc, shall be applicable
only to the regional divisions of the court and not to the
court of appeals as a whole. After a divisional plan is in
effect, the court of appeals shall not order any hearing or
rehearing en banc, and the authorization for a limited en banc
procedure under section 6 of Public Law 95-486 (92 Stat. 1633),
shall not apply to the Ninth Circuit. An en banc proceeding
ordered before the divisional plan is in effect may be heard
and determined in accordance with applicable rules of appellate
procedure.
(d) Clerks and Employees.--Section 711 of title 28, United States
Code, shall apply to the Ninth Circuit Court of Appeals, except the
clerk of the Ninth Circuit Court of Appeals may maintain an office or
offices in each regional division of the court to provide services of
the clerk's office for that division.
(e) Study of Effectiveness.--The Federal Judicial Center shall
conduct a study of the effectiveness and efficiency of the divisions in
the Ninth Circuit Court of Appeals. No later than 3 years after the
effective date of this Act, the Federal Judicial Center shall submit to
the Judicial Conference of the United States a report summarizing the
activities of the divisions, including the Circuit Division, and
evaluating the effectiveness and efficiency of the divisional
structure. The Judicial Conference shall submit recommendations to
Congress concerning the divisional structure and whether the structure
should be continued with or without modification.
SEC. 2. ASSIGNMENT OF JUDGES; PANELS; EN BANC PROCEEDINGS; DIVISIONS;
QUORUM.
(a) In General.--Section 46 of title 28, United States Code, is
amended to read as follows:
``Sec. 46. Assignment of judges; panels; en banc proceedings;
divisions; quorum
``(a) Circuit judges shall sit on the court of appeals and its
panels in such order and at such times as the court directs.
``(b) Unless otherwise provided by rule of court, a court of
appeals or any regional division thereof shall consider and decide
cases and controversies through panels of 3 judges, at least 2 of whom
shall be judges of the court, unless such judges cannot sit because
recused or disqualified, or unless the chief judge of that court
certifies that there is an emergency including, but not limited to, the
unavailability of a judge of the court because of illness. A court may
provide by rule for the disposition of appeals through panels
consisting of 2 judges, both of whom shall be judges of the court.
Panels of the court shall sit at times and places and hear the cases
and controversies assigned as the court directs. The United States
Court of Appeals for the Federal Circuit shall determine by rule a
procedure for the rotation of judges from panel-to-panel to ensure that
all of the judges sit on a representative cross section of the cases
heard and, notwithstanding the first sentence of this subsection, may
determine by rule the number of judges, not less than 2, who constitute
a panel.
``(c) Notwithstanding subsection (b), a majority of the judges of a
court of appeals not organized into divisions as provided in subsection
(d) who are in regular active service may order a hearing or rehearing
before the court en banc. A court en banc shall consist of all circuit
judges in regular active service, except that any senior circuit judge
of the circuit shall be eligible to participate, at that judge's
election and upon designation and assignment pursuant to section 294(c)
and the rules of the circuit, as a member of an en banc court reviewing
a decision of a panel of which such judge was a member.
``(d)(1) A court of appeals having more than 15 authorized
judgeships may organize itself into 2 or more adjudicative divisions,
with each judge of the court assigned to a specific division, either
for a specified term of years or indefinitely. The court's docket shall
be allocated among the divisions in accordance with a plan adopted by
the court, and each division shall have exclusive appellate
jurisdiction over the appeals assigned to it. The presiding judge of
each division shall be determined from among the judges of the division
in active status as though the division were the court of appeals,
except the chief judge of the circuit shall not serve at the same time
as the presiding judge of a division.
``(2) When organizing itself into divisions, a court of appeals
shall establish a circuit division, consisting of the chief judge and
additional circuit judges in active status, selected in accordance with
rules adopted by the court, so as to make an odd number of judges but
not more than 13.
``(3) The circuit division shall have jurisdiction to review, and
to affirm, reverse, or modify any final decision rendered in any of the
court's divisions that conflicts on an issue of law with a decision in
another division of the court. The exercise of such jurisdiction shall
be within the discretion of the circuit division and may be invoked by
application for review by a party to the case, setting forth succinctly
the issue of law as to which there is a conflict in the decisions of 2
or more divisions. The circuit division may review the decision of a
panel within a division only if en banc review of the decision has been
sought and denied by the division.
``(4) The circuit division shall consider and decide cases through
procedures adopted by the court of appeals for the expeditious and
inexpensive conduct of the circuit division's business. The circuit
division shall not function through panels. The circuit division shall
decide issues of law on the basis of the opinions, briefs, and records
in the conflicting decisions under review, unless the
division determines that special circumstances make additional briefing
or oral argument necessary.
``(e) This section shall apply to each division of a court that is
organized into divisions as though the division were the court of
appeals. Subsection (c), authorizing hearings or rehearings en banc,
shall be applicable only to the divisions of the court and not to the
court of appeals as a whole, and the authorization for a limited en
banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633),
shall not apply in that court. After a divisional plan is in effect,
the court of appeals shall not order any hearing or rehearing en banc,
but an en banc proceeding already ordered may be heard and determined
in accordance with applicable rules of appellate procedure.
``(f) A majority of the number of judges authorized to constitute a
court, a division, or a panel thereof shall constitute a quorum.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 28, United States Code, is amended by amending the
item relating to section 46 to read as follows:
``46. Assignment of judges; panels; en banc proceedings; divisions;
quorum.''.
(c) Monitoring Implementation.--The Federal Judicial Center shall
monitor the implementation of section 46 of title 28, United States
Code (as amended by this section) for 3 years following the date of
enactment of this Act and report to the Judicial Conference such
information as the Center determines relevant or that the Conference
requests to enable the Judicial Conference to assess the effectiveness
and efficiency of this section.
SEC. 3. DISTRICT COURT APPELLATE PANELS.
(a) In General.--Chapter 5 of title 28, United States Code, is
amended by adding after section 144 the following:
``Sec. 145. District Court Appellate Panels
``(a) The judicial council of each circuit may establish a district
court appellate panel service composed of district judges of the
circuit, in either active or senior status, who are assigned by the
judicial council to hear and determine appeals in accordance with
subsection (b). Judges assigned to the district court appellate panel
service may continue to perform other judicial duties.
``(b) An appeal heard under this section shall be heard by a panel
composed of 2 district judges assigned to the district court appellate
panel service, and 1 circuit judge as designated by the chief judge of
the circuit. The circuit judge shall preside. A district judge serving
on an appellate panel shall not participate in the review of decisions
of the district court to which the judge has been appointed. The clerk
of the court of appeals shall serve as the clerk of the district court
appellate panels. A district court appellate panel may sit at any place
within the circuit, pursuant to rules promulgated by the judicial
council, to hear and decide cases, for the convenience of parties and
counsel.
``(c) In establishing a district court appellate panel service, the
judicial council shall specify the categories or types of cases over
which district court appellate panels shall have appellate
jurisdiction. In such cases specified by the judicial council as
appropriate for assignment to district court appellate panels, and
notwithstanding sections 1291 and 1292, the appellate panel shall have
exclusive jurisdiction over district court decisions and may exercise
all of the authority otherwise vested in the court of appeals under
sections 1291, 1292, 1651, and 2106. A district court appellate panel
may transfer a case within its jurisdiction to the court of appeals if
the panel determines that disposition of the case involves a question
of law that should be determined by the court of appeals. The court of
appeals shall thereupon assume jurisdiction over the case for all
purposes.
``(d) Final decisions of district court appellate panels may be
reviewed by the court of appeals, in its discretion. A party seeking
review shall file a petition for leave to appeal in the court of
appeals, which that court may grant or deny in its discretion. If a
court of appeals is organized into adjudicative divisions, review of a
district court appellate panel decision shall be in the division to
which an appeal would have been taken from the district court had there
been no district court appellate panel.
``(e) Procedures governing review in district court appellate
panels and the discretionary review of such panels in the court of
appeals shall be in accordance with rules promulgated by the court of
appeals.
``(f) After a judicial council of a circuit makes an order
establishing a district court appellate panel service, the chief judge
of the circuit may request the Chief Justice of the United States to
assign 1 or more district judges from another circuit to serve on a
district court appellate panel, if the chief judge determines there is
a need for such judges. The Chief Justice may thereupon designate and
assign such judges for this purpose.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 28, United States Code, is amended by adding after
the item relating to section 144 the following:
``145. District court appellate panels.''.
(c) Monitoring Implementation.--The Federal Judicial Center shall
monitor the implementation of section 145 of title 28, United States
Code (as added by this section) for 3 years following the date of
enactment of this Act and report to the Judicial Conference such
information as the Center determines relevant or that the Conference
requests to enable the Conference to assess the effectiveness and
efficiency of this section. | Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act.
Directs that appeals from: (1) the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, and Nevada be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals.
Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court.
Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress.
(Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges.
(Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction.
Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference. | {"src": "billsum_train", "title": "Federal Ninth Circuit Reorganization Act of 1999"} | 3,831 | 503 | 0.760387 | 2.485061 | 0.843549 | 4.587838 | 7.997748 | 0.957207 |
SECTION 1. IMMUNIZATION OF CHILDREN.
Subtitle 1 of title XXI of the Public Health Service Act is
amended--
(1) by redesignating section 2106 (42 U.S.C. 300aa-6) as
section 2107; and
(2) by inserting after section 2105 (42 U.S.C. 300aa-5) the
following new section:
``SEC. 2106. IMMUNIZATION OF CHILDREN.
``(a) In General.--Subject to the other provisions of this section
and notwithstanding section 17 of Public Law 89-462, in the case of
infants and children who are enrolled in the program established under
such section (referred to in this section as the `program') and who
have not received all vaccinations that are appropriate for the age of
the infants and children, a State agency (as defined in subsection
(b)(13) of such section 17) may take action to--
``(1) identify the infants and children whose health is at
increased risk because the infants and children have not
received the vaccinations that are appropriate for the age of
the infants and children; and
``(2) ensure that the infants and children are properly
vaccinated.
``(b) Verification.--To carry out this section, the State agency
may require that the parent or legal guardian of an infant or child
enrolled in the program submit to the State or local agency, at
intervals determined by the State agency--
``(1) a copy of the immunization record of the infant or
child; or
``(2) a statement from a licensed health care provider
certifying that the infant or child has received all
vaccinations that are appropriate for the age of the infant or
child.
``(c) State Options.--To carry out this section, in the case of an
infant or child who is enrolled in the program and who has not received
all vaccinations that are appropriate for the age of the infant or
child, the State agency may--
``(1) adjust or delay the delivery schedule of benefits
made available under the program, except that the benefits may
not be discontinued pursuant to this paragraph; or
``(2) require more frequent evaluative clinic visits for an
infant or child who has been identified as being at higher
medical risk because the infant or child has not received all
vaccinations that are appropriate for the age of the infant or
child.
``(d) Prerequisites.--A State agency may not take an action under
subsection (c) unless the State agency has--
``(1) notified the parent or legal guardian of the enrolled
infant or child, in writing, of the requirements of this
section not later than 90 days, and again 30 days, before the
action is taken;
``(2) informed the parent or legal guardian of the need and
importance of childhood vaccinations, in a manner determined by
the State agency;
``(3) provided the parent or legal guardian with
information concerning the availability of public and private
providers of vaccination services; and
``(4) provided the parent or legal guardian with a copy of
the appropriate vaccination schedule determined pursuant to
subsection (e).
``(e) Appropriate Vaccinations.--To carry out this section, a State
shall determine the vaccinations that are appropriate for the age of an
infant or child after reviewing standards established by--
``(1) the Secretary;
``(2) the Advisory Committee on Immunization Practices of
the Centers for Disease Control and Prevention; or
``(3) the American Academy of Pediatrics.
``(f) Exemptions.--An infant or child residing in a State shall be
exempt from any requirement imposed under this section to the extent
that the law of the State would exempt the infant or child from
immunization requirements if the infant or child were entering or
attending school.
``(g) Funding.--The State agency may use amounts made available
under section 17 of Public Law 89-462 for the costs of nutrition
services and administration (as defined in subsection (b)(4) of such
section) to carry out this section (other than subsection (h)).
``(h) Grants.--
``(1) In general.--The Secretary may make grants to States
for the purpose of assisting in the vaccination of children
enrolled in the program at local program offices where no
health care providers are available.
``(2) Applications.--To receive a grant under this
subsection, a State shall submit an application to the
Secretary at such time, and containing or accompanied by such
information, as the Secretary may reasonably require.
``(3) Need.--The Secretary shall award grants under this
subsection based on need, as demonstrated in the application of
a State.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$6,000,000 for each of fiscal years 1993 and 1994.''. | Amends the Public Health Service Act to authorize States to identify unimmunized infants and children enrolled in a specified program and ensure that they are immunized. Requires States to determine the vaccinations that are appropriate for the age of an infant or child. Allows States to use amounts made available under specified Federal law to carry out this Act.
Authorizes grants to States to assist in the vaccination of children enrolled in such program at local program offices where no health care providers are available. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to promote the immunization of children, and for other purposes."} | 1,080 | 117 | 0.543312 | 1.268837 | 0.555435 | 3.65625 | 10.447917 | 0.822917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arafat Accountability Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestine Liberation Organization
(<plus-minus>PLO), under the leadership of Chairman Yasser
Arafat, has failed to abide by its promises, enumerated in the
Oslo Accords, to commit itself to ``a peaceful resolution of
the conflict between the two sides'', that ``all outstanding
issues relating to permanent status will be resolved through
negotiations'', and that the PLO ``renounces the use of
terrorism and other acts of violence and will assume
responsibility over all PLO elements and personnel in order to
assure their compliance, prevent violence, and discipline
violators''.
(2) Yasser Arafat failed to exercise his authority and
responsibility to maintain law and order in the West Bank and
Gaza, which has resulted in ongoing acts of terrorism against
Israeli and American civilians in the State of Israel.
(3) Yasser Arafat has failed, through words and deeds, to
offer credible security guarantees to the Palestinian and
Israeli peoples, and has once again violated his commitment to
peace through the recent purchase of 50 tons of offensive
weaponry from Iran.
(4) Yasser Arafat and the forces directly under his control
are responsible for the murder of hundreds of innocent Israelis
and the wounding of thousands more since October 2000.
(5) Yasser Arafat has been directly implicated in funding
and supporting terrorists who have claimed responsibility for
homicide bombings in Israel.
(6) Under the present circumstances, Yasser Arafat's
failure to adequately respond to end the homicide bombings
further complicates the prospects for a resolution of the
conflict in that region.
SEC. 3. STATEMENT OF CONGRESS.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the United States should continue to urge an immediate
and unconditional cessation of all terrorist activities and the
commencement of a cease-fire between Israel and the
Palestinians;
(2) the Palestine Liberation Organization and the
Palestinian Authority should immediately surrender to Israel
for detention and prosecution those Palestinian extremists
wanted by the Government of Israel for the assassination of
Israeli Minister of Tourism Rehavam Zeevi; and
(3) PLO Chairman Yasser Arafat and the Palestine Liberation
Organization must take immediate and concrete action to--
(A) publicly condemn all acts of terrorism,
including and especially homicide bombings, which
murdered over 125 Israeli men, women, and children
during the month of March 2002 alone, and injured
hundreds more;
(B) confiscate and destroy the infrastructures of
terrorism, including weapons, bomb factories, and other
offensive materials;
(C) end all financial support for terrorism; and
(D) urge all Arab nations and individuals to
immediately cease funding for terrorist operations and
payments to the families of terrorists.
(b) Support for Peace Efforts.--The Congress supports the
President's efforts, in conjunction with Israel, the Arab states, and
members of the international community, to achieve a comprehensive
peace in the region, and encourages continued efforts by all parties.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) Denial of Visas.--
(1) Prohibition.--The Secretary of State shall not issue a
visa to, and the Attorney General shall not admit to the United
States, any member of the Palestine Liberation Organization or
any official from the Palestinian Authority.
(2) Waiver.--The President may, on a case-by-case basis,
waive paragraph (1) if the President determines that the waiver
is in the national security interest of the United States. The
President shall report any such determination to the
appropriate congressional committees.
(b) Downgrading of Status of PLO Office in the United States.--
Notwithstanding any other provision of law, the President shall
withdraw or terminate any waiver by the President of the requirements
of section 1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or
maintenance of a Palestinian information office in the United States),
except that--
(1) such withdrawal or termination shall not prohibit the
operation of the Permanent Observer Mission of Palestine at the
United Nations; and
(2) such section shall apply so as to prohibit the
operation of any office of the Palestine Liberation
Organization or the Palestinian Authority in the United States
from carrying out any function other than those functions
carried out by the Palestinian information office during the
period beginning on the effective date of title X of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989, and ending on January 13, 1994.
(c) Travel Restriction on the Senior PLO Representative at the
United Nations.--The Secretary of State shall impose the same travel
restrictions on the senior official of the Permanent Observer Mission
of Palestine at the United Nations as those imposed on officials with
the Permanent Mission of the Islamic Republic of Iran to the United
Nations.
(d) Freezing of Assets of the PLO and the PA.--The President shall
identify and freeze the assets of the Palestine Liberation Organization
and the Palestinian Authority in the United States, other than those
assets which--
(1) the President determines are required to carry out the
functions of the Permanent Observer Mission of Palestine at the
United Nations;
(2) are necessary for travel in the United States pursuant
to a waiver granted under subsection (a)(2); or
(3) the President determines are necessary for any office
of the Palestine Liberation Organization and the Palestinian
Authority to carry out functions permitted under subsection
(b)(2).
SEC. 5. REPORT ON PLO TERRORIST ACTIVITIES.
(a) Report.--Within 30 days after the date of enactment of this
Act, and every 90 days thereafter, the President shall submit a report
to the appropriate congressional committees detailing acts of
terrorism, if any, committed by the Palestinian Authority, the
Palestine Liberation Organization, or any of their constituent
elements.
(b) Determination Regarding Designation as Terrorist
Organization.--The report under subsection (a) shall include a
determination on whether on the basis of acts of terrorism described in
the report the Palestinian Authority, the Palestine Liberation
Organization, or any of their constituent elements will be designated
as a foreign terrorist organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)).
(c) Waiver.--The President may waive the requirements of this
section if the President determines that the waiver is in the national
security interest of the United States. The President shall report any
such determination to the appropriate congressional committees.
SEC. 6. DURATION OF SANCTIONS.
The sanctions imposed under this Act shall remain in effect until
such time as the President determines and reports to the appropriate
congressional committees that the conditions that warrant these
sanctions no longer exist.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives. | Arafat Accountability Act - Expresses the support of Congress for the President's efforts to achieve comprehensive peace in the State of Israel.Expresses the sense of Congress that: (1) the United States should urge an immediate and unconditional cessation of all terrorist activities and the commencement of a cease-fire between Israel and the Palestinians; (2) the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) should immediately surrender to Israel for detention and prosecution those Palestinian extremists wanted by Israel for the assassination of Israeli Minister of Tourism Rehavam Zeevi; and (3) Yasser Arafat and the PLO must take immediate and concrete action to publicly condemn all acts of terrorism, confiscate and destroy the infrastructures of terrorism, and end (and urge all Arab nations to end) financial support for terrorism.Prohibits the Secretary of State (Secretary) and the Attorney General, respectively, from issuing a visa or admitting to the United States any member of the PLO or official of the PA. Permits the President to waive this prohibition in the national security interest of the United States.Directs the President to reinstate the prohibition on the establishment or maintenance of a Palestinian information office in the United States, except for operation of the Permanent Observer Mission of Palestine (POM) at the United Nations. Requires the Secretary to impose travel restrictions on the senior official of the POM.Requires the President to identify and freeze specific United States assets of the PLO and the PA.Requires the President to report to specified congressional committees on PLO or PA terrorist activities. | {"src": "billsum_train", "title": "To hold accountable the Palestine Liberation Organization and the Palestinian Authority, and for other purposes."} | 1,614 | 359 | 0.660523 | 2.234498 | 0.879422 | 4.351724 | 5.017241 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outdoor Lighting Efficiency Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Of all the electricity generated in the United States,
4.4 percent is consumed for outdoor lighting.
(2) Outdoor lighting represents approximately 20 percent of
all electricity consumed for lighting purposes in the United
States.
(3) Efficient outdoor lighting technologies provide light
quality equal or superior to other technologies in common use
today.
(4) Efficient outdoor lighting technologies often have
longer product lifetimes than other technologies in common use
today.
(5) The use of efficient outdoor lighting technologies will
substantially reduce waste and emissions from power generation,
and reduce the cost of electricity used in certain commercial
and government applications, such as lighting the Nation's
roadways and parking lots.
SEC. 3. DEFINITIONS.
(a) Section 340(1) of the Energy Policy and Conservation Act (42
U.S.C. 6311(1)) is amended by striking subparagraph (L) and inserting
the following:
``(L) Outdoor luminares.
``(M) Outdoor high light output lamps.
``(N) Any other type of industrial equipment which
the Secretary classifies as covered equipment under
section 341(b).''.
(b) Section 340 of the Energy Policy and Conservation Act (42
U.S.C. 6311) is amended as adding at the end the following:
``(25) The term `luminaire' means a complete lighting unit
consisting of a lamp or lamps, together with parts designed to
distribute the light, to position and protect such lamps, and
to connect such lamps to the power supply.
``(26) The term `outdoor luminaire' means a luminaire that
is listed as suitable for wet locations pursuant to
Underwriters Laboratories Inc. standard UL 1598 and is labeled
as `Suitable for Wet Locations' consistent with section
410.4(A) of the National Electrical Code 2005, except for--
``(A) luminaires designed solely for signs that
cannot be used in general lighting applications;
``(B) portable luminaires designed for use at
theatrical and television performance areas and
construction sites;
``(C) luminaires designed for continuous immersion
in swimming pools and other water features;
``(D) seasonal luminaires incorporating solely
individual lamps rated at 10 watts or less;
``(E) luminaires designed solely to be used in
emergency conditions;
``(F) landscape luminaries, with an integrated
photoelectric switch or programmable time switch, with
a nominal voltage of 15 volts or less; and
``(G) components used for repair of installed
luminaries.
``(27) The term `outdoor high light output lamp' means a
lamp that--
``(A) has a rated lumen output not less than 2601
lumens and not greater than 35,000 lumens;
``(B) is capable of being operated at a voltage not
less than 110 volts and not greater than 300 volts, or
driven at a constant current of 6.6 amperes; and
``(C) is not a Parabolic Aluminized Reflector lamp.
``(28) The term `outdoor lighting control' means a device
incorporated in a luminaire that receives a signal, from either
a sensor (such as an occupancy sensor, motion sensor, or
daylight sensor) or an input signal (including analog or
digital signals communicated through wired or wireless
technology), and can adjust the light level according to the
signal.''.
SEC. 4. STANDARDS.
Section 342 of the Energy Policy and Conservation Act (42 U.S.C.
6313) is amended by adding at the end the following:
``(g) Outdoor Luminaires.--
``(1) Each outdoor luminaire manufactured on or after
January 1, 2011, shall have--
``(A) a lighting efficiency of at least 50 lumens
per watt; and
``(B) a lumen maintenance, calculated as mean rated
lumens divided by initial lumens, of at least 0.6.
``(2) Each outdoor luminaire manufactured on or after
January 1, 2013, shall have--
``(A) a lighting efficiency of at least 70 lumens
per watt; and
``(B) a lumen maintenance, calculated as mean rated
lumens divided by initial lumens, of at least 0.6.
``(3) Each outdoor luminaire manufactured on or after
January 1, 2015, shall have--
``(A) a lighting efficiency of at least 80 lumens
per watt; and
``(B) a lumen maintenance, calculated as mean rated
lumens divided by initial lumens, of at least 0.65.
``(4) In addition to the requirements of paragraphs (1)
through (3), each outdoor luminaire manufactured on or after
January 1, 2011, shall have the capability of producing at
least two different light levels, including 100 percent and 60
percent of full lamp output.
``(5)(A) Not later than January 1, 2017, the Secretary
shall issue a final rule amending the applicable standards
established in paragraphs (3) and (4) if technologically
feasible and economically justified. Such a final rule shall be
effective no later than January 1, 2020.
``(B) A final rule issued under subparagraph (A) shall
establish efficiency standards at the maximum level that is
technically feasible and economically justified, as provided in
subsections (o) and (p) of section 325. The Secretary may also,
in such rulemaking, amend or discontinue the product exclusions
listed in section 340(23)(A) through (G), or amend the lumen
maintenance requirements in paragraph (3) if he determines that
such amendments are consistent with the purposes of this Act.
``(C) If the Secretary issues a final rule under
subparagraph (A) establishing amended standards, the final rule
shall provide that the amended standards apply to products
manufactured on or after January 1, 2020, or one year after the
date on which the final amended standard is published,
whichever is later.
``(h) Outdoor High Light Output Lamps.--Each outdoor high light
output lamp manufactured on or after January 1, 2012, shall have a
lighting efficiency of at least 45 lumens per watt.''.
SEC. 5. TEST PROCEDURES.
Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C.
6314(a)) is amended by adding at the end the following:
``(10) Outdoor lighting.--
``(A) With respect to outdoor luminaries and
outdoor high light output lamps, the test procedures
shall be based upon the test procedures specified in
Illuminating Engineering Society procedure LM-79 as of
March 1, 2009, and/or other appropriate consensus test
procedures developed by the Illuminating Engineering
Society or other appropriate consensus standards
bodies.
``(B) If Illuminating Engineering Society procedure
LM-79 is amended, the Secretary shall amend the test
procedures established in subparagraph (A) as necessary
to be consistent with the amended LM-79 test procedure,
unless the Secretary determines, by rule, published in
the Federal Register and supported by clear and
convincing evidence, that to do so would not meet the
requirements for test procedures under paragraph (2).
``(C) The Secretary may revise the test procedures
for outdoor luminaries or outdoor high light output
lamps by rule consistent with paragraph (2), and may
incorporate as appropriate consensus test procedures
developed by the Illuminating Engineering Society or
other appropriate consensus standards bodies.''.
SEC. 6. PREEMPTION.
Section 345 of the Energy Policy and Conservation Act (42 U.S.C.
6316) is amended by adding at the end the following:
``(i)(1) Except as provided in paragraph (2), section 327 shall
apply to outdoor luminaries to the same extent and in the same manner
as the section applies under part B.
``(2) Any State standard that is adopted on or before January 1,
2015, pursuant to a statutory requirement to adopt efficiency standards
for reducing outdoor lighting energy use enacted prior to January, 31,
2008, shall not be preempted.''. | Outdoor Lighting Efficiency Act - Amends the Energy Policy and Conservation Act to include as "covered equipment" outdoor luminares and outdoor high light output lamps, as defined in this Act.
Specifies the lighting efficiency, lumen maintenance, and light level production capability required for each outdoor luminare manufactured on or after January 1 of 2011, 2013, and 2015. Requires the Secretary of Energy (DOE), by January 1, 2017, to issue a final rule amending such efficiency standards to establish standards at the maximum level that is technically feasible and economically justified.
Requires each outdoor high light output lamp manufactured on or after January 1, 2012, to have a lighting efficiency of at least 45 lumens per watt.
Sets forth provisions governing energy efficiency test procedures for such luminares and lamps.
Provides that state standards that are adopted on or before January 1, 2015, pursuant to a requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted. | {"src": "billsum_train", "title": "To amend the Energy Policy and Conservation Act to provide for standards for energy efficient outdoor lighting."} | 1,811 | 217 | 0.575321 | 1.571785 | 0.79732 | 4.185567 | 8.737113 | 0.907216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Consumer Protection Act of
1995''.
SEC. 2. CERTAIN HEALTH INSURANCE POLICIES NOT DUPLICATIVE UNDER
MEDICARE.
(a) In General.--Section 1882(d)(3)(A) of the Social Security Act
(42 U.S.C. 1395ss(d)(3)(A)) is amended to read as follows:
``(3)(A)(i) It is unlawful for a person to sell or issue a health
insurance policy, other than a medicare supplemental policy, to an
individual entitled to benefits under part A or enrolled under part B
of this title with the knowledge that such policy substantially
duplicates health benefits to which the individual is otherwise
entitled under this title or title XIX.
``(ii) Clause (i) shall not apply to--
``(I) a health insurance policy providing for benefits
which are payable to or on behalf of an individual without
regard to other health benefit coverage of such individual; or
``(II) a health insurance policy (or a rider to an
insurance contract which is not a health insurance policy)
providing benefits only for long-term care, nursing home care,
home health care, or community-based care, or any combination
thereof, that prevents duplication by coordinating against or
excluding items and services available or paid for under this
title, and such coordination or exclusion is disclosed in the
policy's outline of coverage.
For purposes of this subparagraph, a health insurance policy meeting
the requirements of subclause (I) or (II) shall be deemed to be
nonduplicative and a State may impose additional requirements with
respect to duplication or nonduplication under clause (i) only for
policies not meeting the requirements of such subclauses.
``(iii)(I) It is unlawful for a person to sell or issue a medicare
supplemental policy to an individual entitled to benefits under part A
or enrolled under part B of this title with the knowledge that such
policy duplicates health benefits to which the individual is entitled
under another medicare supplemental policy.
``(II) A seller (who is not the issuer) shall not be considered to
have violated this subparagraph if the policy is sold in compliance
with subparagraph (B) and the statement under subparagraph (B)
indicates on its face that the sale of the policy will not duplicate
health benefits to which the individual is otherwise entitled under
another medicare supplemental policy.
``(iv) Whoever violates clause (i) or (iii) shall be fined under
title 18, United States Code, or imprisoned not more than 5 years, or
both, and, in addition to or in lieu of such a criminal penalty, is
subject to a civil money penalty of not to exceed $25,000 (or $15,000
in the case of a person other than the issuer of the policy) for each
such prohibited act. With respect to clause (iii), this clause shall
not apply to a seller until such date as the Secretary publishes a list
of the standardized benefit packages that may be offered consistent
with subsection (p).''.
(b) Modification of Certain Disclosure Requirements.--Section
1882(d)(3) of the Social Security Act (42 U.S.C. 1395ss(d)(3)) is
amended--
(1) in subparagraph (C)--
(A) by striking clauses (ii) and (iii);
(B) by striking ``(i)''; and
(C) by striking the comma at the end and inserting
a period; and
(2) by striking subparagraph (D).
(c) Effective Date and Other Rules.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect as if
included in the enactment of section 4354 of the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-508) (hereafter
referred to as ``OBRA-1990'') on November 5, 1990.
(2) Disclosure requirements.--Any amendment made by
subsection (a) relating to disclosure requirements for certain
health insurance policies shall take effect on the date that is
90 days after the date of the enactment of this Act.
(3) No penalties.--No penalty shall be imposed under
section 1882(d)(3)(A)(i) of the Social Security Act (42 U.S.C.
1395ss(d)(3)(A)(i)) for any act or omission occurring after the
effective date of the amendments made by section 4354 of OBRA-
90 and before the date of the enactment of this Act relating to
any health insurance policy that--
(A) meets the requirements of section
1882(d)(3)(A)(ii) of the Social Security Act (42 U.S.C.
1395ss(d)(3)(A)(ii)) (as amended by this Act), except
that the disclosure requirement in subclause (II) of
such section shall not apply; or
(B) was sold or issued before the effective date of
the amendments made by section 4354 of OBRA-90.
(4) Limitation on legal action.--No legal action shall be
permitted in any Federal or State court if such legal action--
(A) includes any cause of action which arose, or
any act or omission which occurred, prior to the date
of the enactment of this Act;
(B) relates to the provisions of section
1882(d)(3)(A)(i) of the Social Security Act (42 U.S.C.
1395ss(d)(3)(A)(i)) or any policy subject to the
provisions thereof, with respect to the sale, issuance,
or renewal of any health insurance policy;
(C) was filed after the effective date of the
amendments made by section 4354 of OBRA-1990; and
(D) relates to any health insurance policy that--
(i) meets the requirements of section
1882(d)(3)(A)(ii) of the Social Security Act
(42 U.S.C. 1395ss(d)(3)(A)(ii)) (as amended by
this Act), except that the disclosure
requirement in subclause (II) of such section
shall not apply; or
(ii) was sold or issued before the
effective date of the amendments made by
section 4354 of OBRA-90.
(5) Exclusive remedies.--Notwithstanding any other
provision of law, the remedies provided for in section
1882(d)(3) of the Social Security Act (42 U.S.C. 1395ss(d)(3)),
as amended by this section, are the exclusive remedies
available with respect to the non-duplication requirements
described in such section. | Medicare Consumer Protection Act of 1995 - Revises title XVIII (Medicare) of the Social Security Act to modify the prohibition against selling or issuing a health insurance policy to an individual entitled to benefits under part A or enrolled under part B with the knowledge that such policy duplicates health benefits to which the individual is otherwise entitled under such title or title XIX (Medicaid).
Exempts Medicare supplemental policies from such prohibition. Requires the duplication to be substantial before the prohibition applies.
Makes such prohibition inapplicable to: (1) a health insurance policy providing for benefits payable to or on behalf of an individual without regard to other health benefit coverage of such individual; or (2) a health insurance policy, or a rider to an insurance contract which is not a health insurance policy, providing benefits only for long-term, nursing home, home health, or community-based care, or any combination thereof, that prevents duplication by coordinating against or excluding items and services available or paid for under medicare, and such coordination or exclusion is disclosed in the policy's outline of coverage.
Modifies the prohibition against selling or issuing a Medicare supplemental policy to an individual entitled to benefits with the knowledge that such policy duplicates health benefits to which the individual is entitled under another Medicare supplemental policy. Declares that a seller (who is not the issuer) of such a policy shall not be considered to have violated this prohibition if the policy is sold in compliance with specified requirements and the statement indicates on its face that the sale will not duplicate health benefits to which the individual is otherwise entitled under another Medicare supplemental policy.
Repeals: (1) the exemption from such prohibition of certain group policies or plans sold or issued to employees or former employees or members or former members of labor organizations; and (2) specified disclosure requirements with respect to duplication of benefits.
Sets forth provisions regarding: (1) limitations on legal actions including causes of action that arose before specified dates; and (2) exclusivity of remedies available with respect to this Act's non-duplication requirements. | {"src": "billsum_train", "title": "Medicare Consumer Protection Act of 1995"} | 1,547 | 443 | 0.739187 | 2.381332 | 0.875102 | 4.825871 | 3.141791 | 0.870647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi Social Security Benefits
Termination Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States of America serves as a beacon of
refuge to thousands of victims fleeing religious, ethnic,
racial, and other forms of persecution around the world and has
become the home to thousands of survivors of the Nazi
Holocaust.
(2) In order to safeguard the integrity of the refugee and
asylum system that has provided safety to those who fled the
Holocaust, and in order to ensure that those survivors do not
have to share their adopted homeland with their former
persecutors, the policy of the United States has been that this
country should not provide safe haven for those who
participated in acts of Nazi persecution.
(3) Congress enacted laws specifically to exclude or to
remove participants of Nazi persecution from the United States
and never intended that those individuals should be entitled to
the benefits of citizenship or residency.
SEC. 3. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.
(a) In General.--The following paragraphs shall apply
notwithstanding any other provision of law:
(1) Social security benefits.--A participant in Nazi
persecution is not eligible for any benefit under sections 202
or 223 of the Social Security Act (42 U.S.C. 402; 423).
(2) Supplemental security income benefits.--A participant
in Nazi persecution is not eligible for any benefit under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.),
including any supplemental payment pursuant to an agreement for
Federal administration under section 1616(a) of such Act (42
U.S.C. 1382e) and any payment pursuant to an agreement entered
into under section 212 of Public Law 93-66.
(b) Participant in Nazi Persecution Defined.--In this Act, the term
``participant in Nazi persecution'' means an individual--
(1) with respect to whom an order admitting the individual
to citizenship has been revoked under section 340 of the
Immigration and Nationality Act in any case in which such
revocation is based on conduct described in section
212(a)(3)(E)(i) of such Act (relating to participation in Nazi
persecution); or
(2) who has lost status as a national of the United States
by voluntary renunciation under section 349(a)(5) of the
Immigration and Nationality Act pursuant to a settlement
agreement entered into with the Attorney General in a matter in
which such individual has admitted to conduct described in
section 212(a)(3)(E)(i) of such Act (relating to participation
in Nazi persecution).
(c) Notification of Disqualification.--As soon as practicable after
the Attorney General determines that an individual is a participant in
Nazi persecution, the Attorney General shall notify the Commissioner of
Social Security of the identity and residence of such individual.
(d) Effective Date.--This section shall apply with respect to
benefits for months beginning after the date of the enactment of this
Act.
SEC. 4. REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Attorney General
shall, in cooperation with the Commissioner of Social Security, submit
to Congress a report that includes the following with respect to the
year preceding the submission of such report--
(1) an identification of the total number of individuals
that the Attorney General has determined to be participants in
Nazi persecution;
(2) an identification of the total number of individuals--
(A) with respect to whom the Attorney General
pursued revocation of citizenship under section 340 of
the Immigration and Nationality Act based on conduct
described in section 212(a)(3)(E)(i) of such Act
(relating to participation in Nazi persecution) and
such revocation was denied; and
(B) with respect to whom the Attorney General
pursued a settlement agreement with such individual for
voluntary renunciation of status as a national of the
United States in which such individual admitted to
conduct described in section 212(a)(3)(E)(i) of such
Act (relating to participation in Nazi persecution) and
such agreement was not completed;
(3) an identification of the total number of individuals
with respect to whom the Attorney General is actively
investigating participation in Nazi persecution;
(4) an identification of the total number of individuals
with respect to whom the Attorney General has submitted a
notification of disqualification to the Commissioner of Social
Security as required under section 3(c); and
(5) an accounting of the amount and frequency of payments
under sections 202 or 223 of the Social Security Act, title XVI
of the Social Security Act, or section 212 of Public Law 93-66
that were received by each participant in Nazi persecution
prior to the date on which the Commissioner of Social Security
received the notification of disqualification for such
individual as required under section 3(c). | Nazi Social Security Benefits Termination Act of 2014 - Makes any participant in Nazi persecution ineligible for: (1) Old Age, Survivors and Disability Insurance (OASDI) benefits under title II of the Social Security Act (SSA), and (2) Supplemental Security Income (SSI) benefits under SSA title XVI. Requires the Attorney General (AG), as soon as practicable after determining that an individual is a participant in Nazi persecution, to notify the Commissioner of Social Security of the individual's identity and residence. Directs the AG, in cooperation with the Commissioner, to report to Congress specified information regarding such individuals. | {"src": "billsum_train", "title": "Nazi Social Security Benefits Termination Act of 2014"} | 1,093 | 138 | 0.538156 | 1.573916 | 0.65146 | 2.831933 | 8.235294 | 0.831933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PTC Elimination Act''.
SEC. 2. PHASEOUT AND REPEAL OF CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES.
(a) Reduction of Credit and Phaseout Amounts.--
(1) In general.--Section 45(b) of the Internal Revenue Code
of 1986 is amended by striking paragraph (2).
(2) Conforming amendments.--Section 45(e)(2) of such Code
is amended--
(A) by striking ``the inflation adjustment factor
and'' in subparagraph (A), and
(B) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(3) Effective date.--The amendments made by this subsection
shall apply to electricity, and refined coal, produced and sold
after December 31, 2015.
(b) Special Rule for Determining Beginning of Construction.--
(1) In general.--Section 45(e) of such Code is amended by
adding at the end the following new paragraph:
``(12) Special rule for determining beginning of
construction.--For purposes of subsection (d) and section
48(a)(5), the construction of any facility, modification,
improvement, addition, or other property shall not be treated
as beginning before any date unless there is a continuous
program of construction which begins, and makes significant
progress, before such date and ends on the date that such
property is placed in service.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning before, on, or after the
date of the enactment of this Act.
(c) Repeal of Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of such Code is amended by striking section 45 (and
by striking the item relating to such section in the table of
sections for such subpart).
(2) Conforming amendments.--
(A) Section 38(b) of such Code is amended by
striking paragraph (8).
(B) Section 45J of such Code is amended by adding
at the end the following new subsection:
``(f) References to Section 45.--Any reference in this section to
any provision of section 45 shall be treated as a reference to such
provision as in effect immediately before its repeal.''.
(C) Section 45K(g)(2) of such Code is amended by
striking subparagraph (E).
(D) Section 48 of such Code is amended by adding at
the end the following new subsection:
``(e) References to Section 45.--Any reference in this section to
any provision of section 45 shall be treated as a reference to such
provision as in effect immediately before its repeal.''.
(E) Section 54(d)(2)(A) of such Code is amended by
inserting ``(as in effect immediately before its
repeal)'' after ``section 45(d)''.
(F) Section 54C(d)(1) of such Code is amended by
inserting ``(as in effect immediately before its
repeal)'' after ``section 45(d)''.
(G) Section 54D(f)(1)(A)(iv) of such Code is
amended by inserting ``(as in effect immediately before
its repeal)'' after ``section 45(d)''.
(H) Section 55(c)(1) of such Code is amended by
striking ``45(e)(11)(C),''.
(3) Effective date.--The amendments made by this subsection
shall apply to electricity, and refined coal, produced and sold
after December 31, 2025.
(d) Sense of Congress Regarding Further Extension.--It is the sense
of the Congress that the credit under section 45 of the Internal
Revenue Code of 1986 should be allowed to expire and should not be
extended beyond the expiration dates specified in such section as of
the date of the enactment of this Act.
SEC. 3. REDUCTION OF CORPORATE INCOME TAX.
(a) In General.--Section 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Reduction.--
``(1) In general.--In the case of any taxable year
beginning more than 1 year after the date of the enactment of
this subsection, the amount of tax otherwise imposed under this
section with respect to any taxpayer for such taxable year
shall be reduced by the applicable percentage of such amount.
``(2) Applicable percentage.--For purposes of this
subsection--
``(A) In general.--The term `applicable percentage'
means the percentage which the Secretary estimates will
result in--
``(i) a decrease in revenues to the
Treasury for the fiscal year which includes the
date of the enactment of this subsection and
the 10 subsequent fiscal years, which is equal
to
``(ii) the increase in such revenues for
such taxable years by reason of the amendments
made by section 2 of the PTC Elimination Act.
``(B) Single percentage.--The percentage under
subparagraph (A) shall be determined by the Secretary
not later than the date which is 1 year after the date
of the enactment of this subsection and shall apply for
all taxable years to which paragraph (1) applies.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning more than 1 year after the date of the
enactment of this Act. | PTC Elimination Act This bill amends the Internal Revenue Code to phase out and eventually eliminate the tax credit for production of electricity from renewable resources. The bill repeals the inflation adjustment for current recipients of the tax credit and modifies the "beginning of construction" requirement to require that construction of an eligible project is continuous and makes significant progress. The credit is repealed in its entirety after December 31, 2025. The bill expresses the sense of Congress that the credit should be allowed to expire and should not be extended beyond its expiration date. The bill also reduces the corporate income tax by an applicable percentage based on increases in revenues resulting from this bill. | {"src": "billsum_train", "title": "PTC Elimination Act"} | 1,247 | 145 | 0.500644 | 1.484246 | 0.645197 | 2.055118 | 8.527559 | 0.716535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Cost and Tax Relief Act''.
SEC. 2. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES IN RESIDENCES.
(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 against tax) is amended by inserting after section 25B
the following new section:
``SEC. 25C. ENERGY CONSERVATION PROPERTY IN RESIDENCES.
``(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 50 percent of the expenditures
made by the taxpayer for qualified energy conservation property during
such taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to each dwelling unit for any taxable year shall not exceed
$2,500.
``(c) Qualified Energy Conservation Property.--For purposes of this
section--
``(1) In general.--The term `qualified energy conservation
property' means energy conservation property described in
paragraph (2) if--
``(A) the property is certified by the Secretary of
Energy to equal or exceed energy conservation standards
for such property or for the installation of such
property, and
``(B) the property is installed on or in connection
with a dwelling unit which is located in the United
States and which is used by the taxpayer as a
residence.
``(2) Description of energy conservation property.--For
purposes of paragraph (1), energy conservation property
described in this paragraph is the following:
``(A) Ceiling insulation.
``(B) Weatherstripping.
``(C) Water heater insulation blankets.
``(D) Low-flow showerheads.
``(E) Caulking in ceilings.
``(F) Insulation of plenums and ducts.
``(G) Storm windows with a U-value of 0.45 or less.
``(H) Thermal doors and windows.
``(I) Duty cyclers.
``(J) Clock thermostats.
``(K) Evaporative coolers.
``(L) Whole house fans.
``(M) External shading devices.
``(N) Thermal energy storage devices with central
control systems.
``(O) Controls and automatic switching devices
between natural and electric lighting.
``(P) Any other property that the Secretary of
Energy determines to be an effective device for the
conservation of energy.
``(d) Certification.--For purposes of subsection (c)(1)(A)--
``(1) Products.--A certification with respect to qualified
energy conservation property shall be made by the manufacturer
of such property.
``(2) Installation.--A certification with respect to the
installation of qualified energy conservation property shall be
made by the person who sold or installed the property.
``(3) Form.--Certifications referred to in this subsection
shall be in such form as the Secretary shall prescribe, and,
except in the case of a certification by a representative of a
local building regulatory authority, shall include the taxpayer
identification number of the person making the certification.
``(e) Special Rules.--For purposes of this section--
``(1) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which if 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 he owns, such
individual shall be treated as having made his
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) Joint ownership of energy items.--
``(A) In general.--Any expenditure otherwise
qualifying as an expenditure for qualified energy
conservation property shall not be treated as failing
to so qualify merely because such expenditure was made
with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any expenditure described in subparagraph (A), the
amount of the credit allowable under subsection (a)
shall (subject to paragraph (1)) be computed separately
with respect to the amount of the expenditure made for
each dwelling unit.
``(5) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness residential purposes,
only that portion of the expenditures for such item which is
properly allocable to use for nonbusiness residential purposes
shall be taken into account.
``(6) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(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.
``(7) Other applicable rules.--Rules similar to the rules
of paragraphs (4) and (5) of section 48(a) shall apply for
purposes of this section.
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any 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) Denial of Double Benefit.--No deduction or other credit shall
be allowed under this chapter for any expenditure for which credit is
allowed under this section.
``(h) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
``(i) Application of Section.--This section shall apply to
expenditures with respect to property placed in service after December
31, 2000.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) 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) in the case of a residence with respect to which a
credit was allowed under section 25C, to the extent provided in
section 25C(f).''.
(c) Clerical Amendment.--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. Energy conservation property
in residences.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. TAX CREDIT FOR PURCHASES OF ENERGY EFFICIENT APPLIANCES.
(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 against tax), as amended by section 2, is amended by
inserting after section 25C the following new section:
``SEC. 25D. ENERGY EFFICIENT APPLIANCES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter an
amount equal to 50 percent of the amount paid by the taxpayer for the
purchase of any qualified appliance.
``(b) Limitation.--The credit allowed under subsection (a) for any
taxable year shall not exceed $2,500.
``(c) Qualified Appliance.--For purposes of this section--
``(1) In general.--The term `qualified appliance' means any
appliance listed in paragraph (2) if it meets the standards in
the Appliance Standards Program of the Department of Energy (in
part 430 of chapter II of title 10 of the Code of Federal
Regulations).
``(2) List of appliances.--For purposes of paragraph (1),
the appliances listed in this paragraph are the following:
``(A) Air conditioners--central air and heat pumps.
``(B) Air conditioners--room.
``(C) Clothes dryers.
``(D) Clothes washers.
``(E) Heating equipment--furnaces and boilers.
``(F) Kitchen ranges and ovens.
``(G) Refrigerators, refrigerator-freezers, and
freezers.
``(H) Showerheads and faucets.
``(I) Water closets and urinals.
``(J) Water heaters.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code, as amended by
section 2, is amended by inserting after the item relating to section
25C the following new item:
``25D. Energy efficient appliances.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Energy Cost and Tax Relief Act- Amends the Internal Code to provide, for an individual, tax credits equal to 50 percent of: (1) the expenditures (up to a limit of $2,500 annually for each dwelling unit) for qualified energy conservation property during a year; and (2) the expenditures (up to a limit of $2,500 annually) for the purchase of any qualified appliance. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a credit against income tax for energy conservation expenditures in residences and for purchases of energy efficient appliances."} | 2,478 | 82 | 0.522781 | 1.181274 | 0.866316 | 2.623377 | 29.168831 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento River National Recreation
Area Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Sacramento River National Recreation Area Advisory Council
established by section 5(a).
(2) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area prepared under
section 4(c).
(3) Recreation area.--The term ``Recreation Area'' means
the Sacramento River National Recreation Area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
California.
SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA.
(a) In General.--To conserve, protect, and enhance the landscape
described in subsection (b) in order to promote the outstanding
recreational, ecological, geological, scenic, cultural, and historic
resources, fish and wildlife values, and other resources of the
landscape, there is established the Sacramento River National
Recreation Area in the State, to be managed by the Secretary.
(b) Boundaries.--The Recreation Area shall consist of approximately
17,869 acres of Federal land in Tehama County and Shasta County,
California, adjacent to the Sacramento River, lower Battle Creek, and
lower Paynes Creek, as generally depicted on the map entitled
``Sacramento River National Recreation Area'' and dated February 2,
2010.
(c) Map.--
(1) In general.--As soon as practicable, but not later than
3 years, after the date of enactment of this Act, the Secretary
shall submit a map and legal description of the Recreation Area
to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Effect.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
description.
(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management; and
(B) the appropriate office of the Bureau of Land
Management in California.
(d) Inclusion in National Landscape Conservation System.--The
Recreation Area shall be included in the National Landscape
Conservation System.
SEC. 4. MANAGEMENT.
(a) In General.--The Secretary shall manage the Recreation Area to
further the purposes described in section 3(a), in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law.
(b) Uses.--The Secretary shall only allow uses of the Recreation
Area that would further the purposes for which the area is designated,
as described in section 3(a).
(c) Recreation Area Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a
comprehensive plan for the long-range protection and management
of the Recreation Area to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Contents of plan.--The management plan--
(A) shall describe the appropriate uses and
management of the Recreation Area in accordance with
this Act;
(B) may incorporate any appropriate decisions, as
determined by the Secretary, in accordance with this
Act, that are contained in any management or activity
plan for the area completed before the date of
enactment of this Act;
(C) may incorporate appropriate wildlife habitat
management plans or other plans prepared for the land
within or adjacent to the Recreation Area before the
date of enactment of this Act, in accordance with this
Act;
(D) shall include a monitoring and enforcement
strategy;
(E) shall be prepared in consultation with--
(i) the Sacramento River National
Recreation Area Advisory Council;
(ii) appropriate Federal, State, and local
agencies (including Tehama County and Shasta
County, California);
(iii) adjacent landowners; and
(iv) other stakeholders; and
(F) may use information developed under any studies
of land within or adjacent to the Recreation Area
carried out before the date of enactment of this Act.
(d) Acquisition of Property.--
(1) In general.--The Secretary may acquire land adjacent to
the National Recreation Area by purchase from willing sellers,
donation, or exchange.
(2) Management.--Any land acquired under paragraph (1)
shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including
regulations).
(3) Improved access.--The Secretary may acquire, through
voluntary sale, donation, exchange, or easement, land or
interest in land to improve public safety in providing access
to the Recreation Area.
(e) Private Property.--
(1) Access to private property.--
(A) In general.--The Secretary shall provide
landowners adequate access to inholdings within the
Recreation Area.
(B) Inholdings.--For access purposes, private land
adjacent to the Recreation Area to which there is no
other practicable access except through the Recreation
Area shall be managed as an inholding.
(2) Use of private property.--Nothing in this Act affects
the ownership, management, or other rights relating to any non-
Federal land (including any interest in any non-Federal land).
(3) Buffer zones.--Nothing in this Act creates a protective
perimeter or buffer zone around any area designated as a
Recreation Area by this Act.
(4) Valid rights.--Nothing in this Act affects any
easements, rights-of-way, and other valid rights in existence
on the date of enactment of this Act.
(f) Water Right Exclusion.--Nothing in this Act--
(1) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as a
National Recreation Area by section 3(a); or
(2) shall affect any water rights existing on the date of
enactment of this Act.
(g) Hunting and Fishing.--Nothing in this Act--
(1) limits hunting or fishing; or
(2) affects the authority, jurisdiction, or responsibility
of the State to manage, control, or regulate fish and resident
wildlife under State law (including regulations), including the
regulation of hunting or fishing on public land managed by the
Bureau of Land Management.
(h) Motorized Vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond to an
emergency, the use of motorized vehicles on public land in the
Recreation Area shall be permitted only on routes designated by the
management plan for the use of motorized vehicles.
(i) Motorized Boats.--
(1) In general.--Nothing in this Act restricts the use of
motorized boats on the Sacramento River.
(2) Regulation.--Tehama County and Shasta County,
California, and the California Department of Boating and
Waterways shall retain authority to regulate motorized boating
for the purpose of ensuring public safety and environmental
protection.
(j) Grazing.--In the Recreation Area, the grazing of livestock in
areas in which grazing is allowed as of the date of enactment of this
Act shall be allowed to continue, consistent with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any regulations promulgated by the Secretary, acting
through the Director of the Bureau of Land Management.
(k) Withdrawal.--Subject to valid existing rights, all Federal land
within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 5. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL.
(a) Establishment.--There is established an advisory council to be
known as the ``Sacramento River National Recreation Area Advisory
Council''.
(b) Purpose.--The purposes of the Advisory Council are--
(1) to ensure public involvement in the management of the
Recreation Area;
(2) to provide advice and recommendations to the Secretary
relating to the development, implementation, and amendment of
the management plan; and
(3) to improve collaborative relationships among persons
and entities interested in the management of the Recreation
Area.
(c) Composition of Council.--The Advisory Council shall consist of
11 members, of whom--
(1) 3 members shall be appointed by the Secretary, based on
recommendations from the Board of Supervisors of Tehama County,
to represent Tehama County, California;
(2) 1 member shall be appointed by the Secretary, based on
recommendations from the Board of Supervisors of Shasta County,
to represent Shasta County, California;
(3) 1 member shall be appointed by the Secretary to
represent the conservation community that is carrying out
conservation activities in or near the Recreation Area;
(4) 1 member shall be appointed by the Secretary from the
livestock grazing community in or near the Recreation Area;
(5) 1 member shall be appointed by the Secretary to
represent Indian tribes in or near the Recreation Area; and
(6) 4 members shall be appointed by the Secretary to
represent different sectors of the recreation community that
are carrying out activities in or near the Recreation Area.
(d) Terms.--
(1) In general.--Except as provided in paragraph (3), a
member of the Advisory Council shall be appointed to a term of
4 years.
(2) Reappointment.--A member of the Advisory Council may be
reappointed to additional 4-year terms.
(3) Initial term.--Of the members initially appointed to
the Advisory Council--
(A) 5 shall be appointed for a term of 2 years; and
(B) 6 shall be appointed for a term of 4 years.
(e) Chairperson.--
(1) In general.--The Advisory Council shall elect a member
of the Advisory Council to serve as chairperson of the Advisory
Council.
(2) Term.--The chairperson of the Advisory Council shall
serve for a term of 1 year.
(3) Reelection.--The chairperson may be reelected for
additional 1-year terms.
(f) Consultation With Secretary.--The Secretary shall consult with
the Advisory Council on a periodic basis to discuss matters relating to
the development and implementation of the management plan for the
Recreation Area.
(g) Meetings.--
(1) In general.--The Advisory Council shall meet--
(A) at the call of the Secretary; but
(B) not less than--
(i) 4 times annually while the management
plan is being developed, unless a majority of
members of the Advisory Council determine the
meetings to be unnecessary; and
(ii) not less than annually after the
management plan is completed.
(2) Public access.--All meetings of the Advisory Council
shall be open to the public.
(3) Public comments.--During meetings, the Advisory Council
shall provide interested persons a reasonable opportunity to
comment on the management of the Recreation Area.
(4) Notice.--The Secretary shall provide appropriate notice
of the time, date, and location of each meeting of the Advisory
Council.
(h) Compensation.--Members of the Advisory Council shall serve
without pay.
(i) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Council shall terminate on the date that is 20 years
after the date of enactment of this Act.
(2) Exception.--The Secretary may, at the request of the
Advisory Council, extend the authority of the Advisory Council
beyond the date specified in paragraph (1).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Sacramento River National Recreation Area Act of 2010 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a comprehensive plan for the long-range protection and management of the Recreation Area.
Establishes the Sacramento River National Recreation Area Advisory Council to provide advice and make recommendations to the Secretary of the Interior related to the development, implementation, and amendment of such plan and to ensure public involvement in the management of such Area. | {"src": "billsum_train", "title": "A bill to establish the Sacramento River National Recreation Area in the State of California."} | 2,745 | 112 | 0.634717 | 1.603043 | 0.856609 | 5.03125 | 26.447917 | 0.927083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterinary Health Enhancement Act''.
SEC. 2. ESTABLISHMENT OF SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS
REGARDING VETERINARY MEDICINE.
Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following
section:
``SEC. 338M. SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS REGARDING
VETERINARY MEDICINE.
``(a) Scholarship Program.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a program of entering into agreements with students
under which the Federal Government provides to the students
scholarships for attending schools of veterinary medicine in
consideration of the students agreeing to provide, for a period of time
specified in the agreement, veterinary services in veterinarian
shortage areas.
``(b) Loan Repayment Program.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall carry out a program of entering into agreements with
veterinarians under which the veterinarians agree to provide, for a
period of time specified in the agreement, veterinary services in
veterinarian shortage areas in consideration of the Federal Government
agreeing to repay, for each year of such service, not more than $35,000
of the principal and interest of the educational loans of the
veterinarians.
``(c) Veterinarian Shortage Areas.--
``(1) In general.--For purposes of this section, the term
`veterinarian shortage area' means any of the following:
``(A) An area in an urban or rural area (which need
not conform to the geographic boundaries of a political
subdivision and which is a rational area for the
delivery of veterinary services) that the Secretary
determines has a shortage of veterinarians.
``(B) A population group that the Secretary
determines has such a shortage.
``(C) A public or nonprofit private medical
facility or other public facility that the Secretary
determines has such a shortage.
``(2) State participation.--In designating a veterinarian
shortage area in a State, the Secretary shall consult with the
chief veterinary-medicine official of the State and with other
appropriate entities in the State, including representatives of
schools of veterinary medicine in the State; representatives of
State members of professional associations regarding veterinary
medicine; and representatives of large-animal veterinarians in the
State.
``(d) Eligible Individuals.--
``(1) In general.--The Secretary may approve an individual
for participation in the program under subsection (a) or (b)
only if (in addition to the requirements that apply under
subsection (e)) the individual has been approved by the chief
veterinary-medicine official of the State involved, after such
official consulted with appropriate entities in the State
regarding such approval, including representatives specified in
subsection (c)(2).
``(2) State involved.--For purposes of paragraph (1), the
State involved with respect to an individual is the State
described in subparagraph (A) or (B) (as applicable), as
follows:
``(A) In the case of the program under subsection
(a), the State in which the individual attends or will
attend a school of veterinary medicine with a
scholarship under the program.
``(B) In the case of the program under subsection
(b), the State that contains the veterinarian shortage
area for which the individual will provide veterinary
services under the program.
``(e) Applicability of Certain Provisions.--
``(1) Scholarship program.--With respect to the National
Health Service Corps Scholarship Program established in section
338A, the provisions of this subpart that apply to such program
shall, except as determined by the Secretary to be inconsistent
with subsection (a), apply to the program established in
subsection (a) in the same manner and to the same extent as
such provisions apply to the National Health Service Corps
Scholarship Program.
``(2) Loan repayment program.--With respect to the National
Health Service Corps Loan Repayment Program established in
section 338B, the provisions of this subpart that apply to such
program shall, except as determined by the Secretary to be
inconsistent with subsection (b), apply to the program
established in subsection (b) in the same manner and to the
same extent as such provisions apply to the National Health
Service Corps Loan Repayment Program.
``(f) Definition.--For purposes of this section, the term `school
of veterinary medicine' has the meaning given such term in section
799B.
``(g) Authorization of Appropriations.--
``(1) Scholarship program.--For the purpose of carrying out
this section with respect to the program under subsection (a),
there are authorized to be appropriated up to $5,000,000 for
each of the fiscal years 2002 through 2006.
``(2) Loan repayment program.--For the purpose of carrying
out this section with respect to the program under subsection
(b), there are authorized to be appropriated up to $5,000,000
for each of this fiscal years 2002 through 2006.''. | Veterinary Health Enhancement Act - Amends the Public Health Service Act to establish veterinary scholarship and loan repayment programs in return for service in veterinary shortage areas. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish scholarship and loan repayment programs regarding the provision of veterinary services in veterinarian shortage areas."} | 1,128 | 43 | 0.566344 | 1.262394 | 0.555403 | 2.741935 | 33.83871 | 0.870968 |
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