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SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Paycheck Fairness
Act ''.
(b) Reference.--Whenever in this Act (other than in section 8) 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 Fair Labor Standards Act
of 1938.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Women have entered the workforce in record numbers.
(2) Even in the 21st century, women earn significantly
lower pay than men for work on jobs that require equal skill,
effort, and responsibility and that are performed under similar
working conditions. These pay disparities exist in both the
private and governmental sectors. In many instances, the pay
disparities can only be due to continued intentional
discrimination or the lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments to the United States Constitution.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist even decades after the enactment of the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress' power to enforce the
5th and 14th amendments to the United States
Constitution.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 (29 U.S.C. 206) and generalized
wage data, along with more effective remedies, women will be
better able to recognize and enforce their rights to equal pay
for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) (29 U.S.C. 206(d)(1)) is amended--
(1) by inserting ``(A)'' after ``(d)(1)''; and
(2) by striking ``(iv) a differential'' and all that
follows through the period and inserting the following: ``(iv)
a differential based on a bona fide factor other than sex, such
as education, training, or experience, except that this clause
shall apply only if--
``(I) the employer demonstrates that--
``(aa) such factor--
``(AA) is job-related with respect to the
position in question; or
``(BB) furthers a legitimate business
purpose, except that this item shall not apply
where the employee demonstrates that an
alternative employment practice exists that
would serve the same business purpose without
producing such differential and that the
employer has refused to adopt such alternative
practice; and
``(bb) such factor was actually applied and used
reasonably in light of the asserted justification; and
``(II) if the employer makes the demonstration described in
subclause (I), the employee fails to demonstrate that the
differential produced by the reliance of the employer on the
factor described in such subclause is the result of
discrimination on the basis of sex by the employer.
``(B) An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to achieve
such compliance.''.
(b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is
amended by adding at the end the following:
``(5) The provisions of this subsection shall apply to applicants
for employment if such applicants, upon employment by the employer
applied to, would be subject to any other subsection of this
section.''.
(c) Elimination of Establishment Requirement.--Section 6(d)(1) (29
U.S.C. 206(d)(1)) is amended--
(1) by striking ``, within any establishment in which such
employees are employed,''; and
(2) by striking ``such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C.
215(a)(3)) is amended--
(1) by striking ``employee'' the first place it appears and
inserting ``employee (or applicant for employment in the case
of an applicant described in section 6(d)(5))'';
(2) by inserting ``(or applicant)'' after ``employee'' the
second place it appears;
(3) by striking ``or has'' each place it appears and
inserting ``has''; and
(4) by inserting before the semicolon the following: ``,
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is
amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3) the following: ``Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is
amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence--
(A) by striking ``commenced in the case'' and
inserting ``commenced--
``(1) in the case'';
(B) by striking the period and inserting ``: or'';
and
(C) by adding at the end the following:
``(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action.''.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss and consider
approaches for rectifying the pay disparities.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.
(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and
responsibility, including decisionmaking responsibility and de
facto supervisory responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job, with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines developed under paragraph
(1) shall be published in the Federal Register not later than
180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance, encourage the improvement, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales using the guidelines
developed under subsection (a) to ensure that women are paid
fairly in comparison to men, but such adjustments shall not include the
lowering of wages paid to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Rulemaking.--The Secretary of Labor may make rules to carry out
this section.
SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Alexis Herman National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Alexis Herman National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials and bear such additional inscriptions as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made a
substantial effort to eliminate pay disparities between men and
women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President determines to be
appropriate.
(d) Business.--In this section, the term ``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
``(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
``(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
``(B) based on the results of the survey and consultations
under subparagraph (A), make rules to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
``(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination, and shall also consider other factors, including the
imposition of burdens on employers, the frequency of required reports
(including which employers should be required to prepare reports),
appropriate protections for maintaining data confidentiality, and the
most effective format for the data collections reports.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to: (1) add nonretaliation requirements; (2) increase penalties; and (3) authorize the Secretary of Labor to seek additional compensatory or punitive damages.Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.Directs the Secretary to provide for certain studies, information, a national summit, guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria.Establishes the Alexis Herman National Award for Pay Equity in the Workplace.Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes."} | 3,611 | 205 | 0.413287 | 1.138852 | 0.668861 | 2.909639 | 20.048193 | 0.861446 |
SECTION 1. NEGOTIATIONS REGARDING CURRENCY VALUATION.
(a) Findings.--Congress makes the following findings:
(1) The currency of the People's Republic of China, known
as the yuan or renminbi, is artificially pegged at a level
significantly below its market value. Economists estimate the
yuan to be undervalued by between 15 percent and 40 percent or
an average of 27.5 percent.
(2) The undervaluation of the yuan provides the People's
Republic of China with a significant trade advantage by making
exports less expensive for foreign consumers and by making
foreign products more expensive for Chinese consumers. The
effective result is a significant subsidization of China's
exports and a virtual tariff on foreign imports.
(3) The Government of the People's Republic of China has
intervened in the foreign exchange markets to hold the value of
the yuan within an artificial trading range. China's foreign
reserves are estimated to be over $609,900,000,000 as of
January 12, 2005, and have increased by over $206,700,000,000
in the last 12 months.
(4) China's undervalued currency, China's trade advantage
from that undervaluation, and the Chinese Government's
intervention in the value of its currency violates the spirit
and letter of the world trading system of which the People's
Republic of China is now a member.
(5) The Government of the People's Republic of China has
failed to promptly address concerns or to provide a definitive
timetable for resolution of these concerns raised by the United
States and the international community regarding the value of
its currency.
(6) Article XXI of the GATT 1994 (as defined in section
2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C.
3501(1)(B))) allows a member of the World Trade Organization to
take any action which it considers necessary for the protection
of its essential security interests. Protecting the United
States manufacturing sector is essential to the interests of
the United States.
(b) Negotiations and Certification Regarding the Currency Valuation
Policy of the People's Republic of China.--
(1) In general.--Notwithstanding the provisions of title I
of Public Law 106-286 (19 U.S.C. 2431 note), on and after the
date that is 180 days after the date of enactment of this Act,
unless a certification described in paragraph (2) has been made
to Congress, in addition to any other duty, there shall be
imposed a rate of duty of 27.5 percent ad valorem on any
article that is the growth, product, or manufacture of the
People's Republic of China, imported directly or indirectly
into the United States.
(2) Certification.--The certification described in this
paragraph means a certification by the President to Congress
that the People's Republic of China is no longer acquiring
foreign exchange reserves to prevent the appreciation of the
rate of exchange between its currency and the United States
dollar for purposes of gaining an unfair competitive advantage
in international trade. The certification shall also include a
determination that the currency of the People's Republic of
China has undergone a substantial upward revaluation placing it
at or near its fair market value.
(3) Alternative certification.--If the President certifies
to Congress 180 days after the date of enactment of this Act
that the People's Republic of China has made a good faith
effort to revalue its currency upward placing it at or near its
fair market value, the President may delay the imposition of
the tariffs described in paragraph (1) for an additional 180
days. If at the end of the 180-day period the President
determines that China has developed and started actual
implementation of a plan to revalue its currency, the President
may delay imposition of the tariffs for an additional 12
months, so that the People's Republic of China shall have time
to implement the plan.
(4) Negotiations.--Beginning on the date of enactment of
this Act, the Secretary of the Treasury, in consultation with
the United States Trade Representative, shall begin
negotiations with the People's Republic of China to ensure that
the People's Republic of China adopts a process that leads to a
substantial upward currency revaluation within 180 days after
the date of enactment of this Act. Because various Asian
governments have also been acquiring substantial foreign
exchange reserves in an effort to prevent appreciation of their
currencies for purposes of gaining an unfair competitive
advantage in international trade, and because the People's
Republic of China has concerns about the value of those
currencies, the Secretary shall also seek to convene a
multilateral summit to discuss exchange rates with
representatives of various Asian governments and other
interested parties, including representatives of other G-7
nations. | Imposes an additional duty of 27.5 percent on Chinese goods imported into the United States unless the President submits a certification to Congress that the People's Republic of China (PRC) is no longer manipulating the rate of exchange and is complying with accepted market-based trading policies.
Directs the Secretary of the Treasury to negotiate with the PRC to ensure a process that leads to a market-based system of currency valuation. | {"src": "billsum_train", "title": "A bill to authorize appropriate action if the negotiations with the People's Republic of China regarding China's undervalued currency are not successful."} | 1,027 | 94 | 0.468292 | 1.327798 | 0.212997 | 2.675 | 11.725 | 0.825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Services and Performance
Evaluation Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment of Coastal Zone Management Act of 1972.
Sec. 4. Policy.
Sec. 5. Coastal Zone Management Fund.
Sec. 6. Coastal services.
Sec. 7. Review of performance.
Sec. 8. Amendments relating to Walter B. Jones Awards for Excellence in
Coastal Zone Management.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.
Sec. 11. Technical corrections.
Sec. 12. Coastal zone management outcome indicators and monitoring and
performance evaluation system.
SEC. 3. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.
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 Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.).
SEC. 4. POLICY.
Section 303 (16 U.S.C. 1452) is amended in paragraph (2)(J) by
striking ``State'' the second place it appears and inserting ``State
and Federal fish''.
SEC. 5. COASTAL ZONE MANAGEMENT FUND.
Section 308 (16 U.S.C. 1456a) is amended--
(1) in subsection (a) by striking paragraph (2) and
inserting the following:
``(2) Loan repayments made pursuant to this subsection--
``(A) shall be retained by the Secretary and
deposited into the Coastal Zone Management Fund
established under subsection (b); and
``(B) subject to amounts provided in appropriation
Acts, shall be available to the Secretary for purposes
of this title and transferred to the Operations,
Research, and Facilities account to offset the costs of
implementing this title.''; and
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``(b)(1)'' and inserting ``(b)''.
SEC. 6. COASTAL SERVICES.
Section 310 (16 U.S.C. 1456c) is amended--
(1) by striking so much as precedes subsection (b) and
inserting the following:
``coastal services, training, education, and technical support
``Sec. 310. (a)(1) The Secretary shall conduct a program of
training, education, technical assistance, technology transfer,
management-oriented research, and other services to support--
``(A) State coastal management programs and national
estuarine reserves designated under this title; and
``(B) other Federal agencies, local governments, Indian
tribes, other persons, and international cooperative efforts
relating to the comprehensive planning, conservation, and
management of ocean and coastal resources.
``(2) The Secretary may, in implementing this program, take into
consideration the need to address regional or local concerns, including
the unique needs of island States and territories, in order to provide
effective and efficient support and develop expertise.
``(3) The Secretary shall coordinate the technical assistance,
studies, management-oriented research, and other activities under this
section with any other relevant activities conducted by or subject to
the authority of the Secretary.'';
(2) in subsection (b) by inserting ``Coordination and
Consultation.--'' after ``(b)''; and
(3) by adding at the end the following:
``(c) Assistance From Other Agencies and Persons.--(1) Each
department, agency, and instrumentality of the executive branch of the
Federal Government may assist the Secretary, on a reimbursable basis or
otherwise, in carrying out the purposes of this section, including the
furnishing of information to the extent permitted by law, the transfer
of personnel with their consent and without prejudice to their position
and rating, and the performance of any research, study, and technical
assistance that does not interfere with the performance of the primary
duties of such department, agency, or instrumentality.
``(2) The Secretary may enter into contracts or other arrangements
with other Federal agencies and any other qualified person for the
purposes of carrying out this section.''.
SEC. 7. REVIEW OF PERFORMANCE.
Section 312 (16 U.S.C. 1458) is amended by striking ``Sec. 312.''
and all that follows through subsection (a) and inserting the
following:
``Sec. 312. (a) Review.--No less than every 5 years, the Secretary
shall conduct a review of the performance of a coastal State's
management program. Each review shall include a written evaluation with
an assessment and detailed findings concerning the extent to which the
State has implemented and enforced the program approved by the
Secretary, addressed the coastal management needs identified in section
303(2)(A) through (K), met any outcome indicators established by the
Secretary under section 12 of the Coastal Services and Performance
Evaluation Act of 2003, and adhered to the terms of any grant, loan, or
cooperative agreement funded under this title.''.
SEC. 8. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE IN
COASTAL ZONE MANAGEMENT.
Section 314 (16 U.S.C. 1460) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authorization of Program.--(1) The Secretary may implement a
program to promote excellence in coastal zone management by identifying
and making awards acknowledging outstanding accomplishments in the
field of coastal zone management. An award under this section shall be
known as a `Walter B. Jones Award'.
``(2) Awards under this section may include, subject to the
availability of appropriations--
``(A) cash awards of not more than $5,000 each;
``(B) research grants; and
``(C) public ceremonies to acknowledge accomplishments in
the field of coastal zone management.'';
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``shall elect annually'' and inserting ``may
select annually for an award under this section''; and
(3) by repealing subsection (e).
SEC. 9. REPORTS.
Section 316(a) (16 U.S.C. 1462(a)) is amended--
(1) in subsection (a)--
(A) by striking ``to the President for
transmittal''; and
(B) in clause (10) by striking ``and an evaluation
of the effectiveness of financial assistance under
section 308 in dealing with such consequences''; and
(2) by amending subsection (c) to read as follows:
``(c) State of the Coast Report.--Not less than 24 months after the
date of the enactment of this subsection, and not less than every 24
months thereafter, the Secretary shall provide a coastal status report
to the Congress that includes the following:
``(1) An assessment of the ecological status and trends of
United States marine resources.
``(2) An identification and analysis of the changes in
those status and trends since the previous report.
``(3) An identification and assessment of Government
performance measures that track the status and trends of United
States marine resources.
``(4) An evaluation of the adequacy of marine resource
monitoring and assessment programs.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 318(a) (16 U.S.C. 1464(a)) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to carry out section 310 and for awards under section
314--
``(A) $28,000,000 for fiscal year 2004;
``(B) $29,000,000 for fiscal year 2005; and
``(C) $30,000,000 for each of fiscal years 2006
through 2008.''.
SEC. 11. TECHNICAL CORRECTIONS.
The Coastal Zone Management Act of 1972 is amended--
(1) in section 304(5) (16 U.S.C. 1453(5)) by striking the
semicolon and inserting a colon;
(2) in section 306(a), as redesignated by this Act, in
paragraph (10)(A) by inserting a comma after ``development'';
(3) by striking ``coastal state'' each place it appears and
inserting ``coastal State'';
(4) by striking ``coastal states'' each place it appears
and inserting ``coastal States'';
(5) by striking ``coastal state's'' each place it appears
and inserting ``coastal State's'';
(6) by striking the term ``state'' each place it appears in
reference to a State of the United States (other than in the
term ``coastal state'') and inserting ``State'';
(7) by striking the term ``states'' each place it appears
in reference to States of the United States (other than in the
term ``coastal states'') and inserting ``States''; and
(8) by striking the term ``state's'' each place it appears
in reference to a State of the United States (other than in the
term ``coastal state's'') and inserting ``State's''.
SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND
PERFORMANCE EVALUATION SYSTEM.
(a) In General.--
(1) Performance guidelines and evaluation.--The Secretary
of Commerce shall, by not later than 1 year after the date of
enactment of this Act, submit to the Committee on Resources of
the House of Representatives a report identifying a common set
of measurable outcome indicators to evaluate the performance of
State coastal zone management programs in furthering the goals
and objectives identified in the States' approved coastal
management programs, and in the achievement of the national
policy declared in section 303 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1452).
(2) Assessment of coastal and marine monitoring,
assessment, and other information.--The Secretary shall, by not
later than 2 years after the date of enactment of this Act,
submit to the Committee on Resources of the House of
Representatives a report providing--
(A) an assessment of the adequacy of coastal and
marine monitoring, assessment, and other information
necessary to establish a coastal zone management
outcome monitoring and performance evaluation system;
and
(B) recommendations for improving the availability
of such information, including funding needs.
(3) Outcome monitoring and performance evaluation system.--
The Secretary shall, by not later than 3 years after the date
of the enactment of this Act, establish a national coastal zone
management outcome monitoring and performance evaluation system
that uses the common set of indicators identified in the report
under paragraph (1).
(b) Consultation.--
(1) State consultation.--In preparing each of the reports
under subsection (a), the Secretary shall consult with and
provide a copy of the draft report to each coastal State,
through the Governor of the State or the head of the State
agency designated by such Governor pursuant to section
310(d)(6) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455(d)(6)).
(2) Public comment and participation.--The Secretary shall
also implement a public process to solicit the views and
comments of Federal agencies, local governments, regional
organizations, port authorities, and other interested public
and private persons regarding such reports, and shall make
available to such persons copies of each draft of such reports
for review and comment.
(3) Response to comments.--The Secretary shall include in
each final report under subsection (a)--
(A) any comments on each draft of the report
received from a Governor or the head of such a
designated State agency, and the Secretary's responses
to such comments; and
(B) a summary of other public comments regarding
the report, and the Secretary's response to those
comments.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Secretary $1,000,000 for
each of the fiscal years 2004, 2005, and 2006. | Coastal Services and Performance Evaluation Act of 2003 - Amends Federal law to make loan repayments deposited in the Coastal Zone Management Fund available to offset costs of implementing coastal zone management programs.Requires the Secretary of Commerce to provide training, education, and technical assistance for coastal zone management. Authorizes Federal agencies and instrumentalities to assist the Secretary on a reimbursable basis.Revises review requirements for coastal State management programs to change the frequency of review from continuing to every five years.Makes the Walter B. Jones Excellence in Coastal Zone Management Awards program discretionary instead of mandatory.Requires the Secretary to establish a national coastal zone management outcome indicators monitoring and performance evaluation system that provides for public comment and participation and uses a common set of measurable outcome indicators to evaluate the performance of State coastal zone management programs. | {"src": "billsum_train", "title": "To amend the Coastal Zone Management Act of 1972 to reauthorize coastal services, training, education, and technical support programs of the National Oceanic and Atmospheric Administration, to establish a performance evaluation system for such administration, and for other purposes."} | 2,754 | 183 | 0.556301 | 1.567161 | 0.853802 | 2.912752 | 17.402685 | 0.885906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Democracy Act''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch the National
Commission on Foreign Interference in the 2016 Election (in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
(a) Activities of Russian Government.--The purpose of the
Commission is to examine any attempts or activities by the Russian
government, persons or entities associated with the Russian government,
or persons or entities within Russia to use electronic means to
influence, interfere with, or sow distrust in elections for public
office held in the United States in 2016, including the following:
(1) Electronic hacks by the Russian government, persons or
entities associated with the Russian government, or other
persons or entities within Russia into--
(A) the electronic systems of the Democratic
National Committee;
(B) the electronic systems of the Democratic
Congressional Campaign Committee;
(C) the electronic systems of Mr. John Podesta,
campaign chairman for Democratic Presidential nominee
Hillary Clinton;
(D) the electronic systems of former Secretary of
State Colin Powell; and
(E) the electronic systems of Arizona, Illinois,
and Florida, particularly voter database information.
(2) Efforts by the Russian government, persons or entities
associated with the Russian government, or persons or entities
within Russia to put forward, disseminate, or promote false
news about the campaigns for elections for public office held
in the United States in 2016.
(3) Efforts by the Russian government to work with other
governments, entities, and individuals to carry out activities
described in paragraphs (1) and (2).
(b) Activities of Others.--In addition to the purpose described in
subsection (a), the purpose of the Commission is to examine attempts or
activities by governments other than the Russian government, persons
associated with governments other than the Russian government, and
other entities and individuals to use electronic means to influence,
interfere with, or sow distrust in elections for public office held in
the United States in 2016, including activities similar to those
described in paragraphs (1) through (3) of subsection (a).
SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.
(a) Members.--The Commission shall be composed of 12 members, of
whom--
(1) three shall be appointed by the Speaker of the House of
Representatives and three shall be appointed by the Majority
Leader of the Senate; and
(2) three shall be appointed by the Minority Leader of the
House of Representatives and three 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, of whom--
(1) one shall be a member appointed under paragraph (1);
and
(2) one shall be a member appointed under paragraph (2).
(c) Qualifications.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government, any State, or any local government.
(2) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services, law,
public administration, intelligence gathering, foreign affairs,
cybersecurity, and Federal elections.
(3) Deadline for appointment.--All members of the
Commission shall be appointed not later than 90 days after the
date of the enactment of this Act.
(4) 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.
(5) Compensation.--
(A) In general.--Each member of the Commission may
be compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Commission.
(B) Travel expenses.--While away from their homes
or regular places of business in the performance of
services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are
allowed expenses under section 5703(b) of title 5,
United States Code.
SEC. 5. PROCEDURES OF COMMISSION.
(a) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable. After its initial
meeting, the Commission shall meet upon the call of the chairman or a
majority of its members.
(b) Quorum.--
(1) In general.--Except as provided in paragraph (2), a
majority of the members of the Commission shall constitute a
quorum.
(2) Alternative quorum for taking testimony.--For purposes
of taking testimony of witnesses, 2 members of the Commission
may constitute a quorum, so long as at least one of the members
is a member appointed under paragraph (1) of section 4(a) and
at least one of the members is a member appointed under
paragraph (2) of section 4(a).
(c) Voting.--No proxy voting shall be allowed on behalf of a member
of the Commission.
(d) Rules of Procedure.--
(1) In general.--The Commission shall establish rules for
the conduct of the Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
(2) Adoption at initial meeting.--At its initial meeting,
the Commission shall adopt the rules established under
paragraph (1).
SEC. 6. FUNCTIONS OF COMMISSION.
(a) In General.--The duties of the Commission are as follows:
(1) To investigate attempts or activities by the Russian
government, persons or entities associated with the Russian
government, or persons or entities within Russia to use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States in
2016, including the following:
(A) Electronic hacks by the Russian government,
persons or entities associated with the Russian
government, or other persons or entities within Russia
into--
(i) the electronic systems of the
Democratic National Committee;
(ii) the electronic systems of the
Democratic Congressional Campaign Committee;
(iii) the electronic systems of Mr. John
Podesta, campaign chairman for Democratic
Presidential nominee Hillary Clinton;
(iv) the electronic systems of former
Secretary of State Colin Powell; and
(v) the electronic systems of Arizona,
Illinois, and Florida, particularly voter
database information.
(B) Efforts by the Russian government, persons or
entities associated with the Russian government, or
persons or entities within Russia to put forward,
disseminate, or promote false news about the campaigns
for elections for public office held in the United
States in 2016.
(C) Efforts by the Russian government to work with
other governments, entities, and individuals to carry
out activities described in subparagraphs (A) and (B).
(2) To investigate attempts or activities by governments
other than the Russian government, persons or entities
associated with governments other than the Russian government,
and other entities and individuals to use electronic means to
influence, interfere with, or sow distrust in elections for
public office held in the United States in 2016, including
activities similar to those described in subparagraphs (A)
through (C) of paragraph (1).
(3) To identify, review, and evaluate the lessons learned
from the attempts, activities, and efforts described in
paragraphs (1) and (2) relative to detecting, preventing,
protecting from, and responding to such attempts, activities,
and efforts.
(4) To make such recommendations as the Commission
considers appropriate to ensure that foreign governments and
persons associated with foreign governments never again use
electronic means to influence, interfere with, or sow distrust
in elections for public office held in the United States.
(b) Reports to the President and Congress.--
(1) Interim reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
(2) Final report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations as have been agreed
to by a majority of Commission members.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b)(1), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the Chair and Vice
Chair; or
(ii) by the affirmative vote of a majority
of the members of the Commission.
(B) Signature.--Subject to subparagraph (A)(i),
subpoenas issued under this subsection may be issued
under the signature of the chairman or any member
designated by a majority of the Commission, may be
served by any person designated by the chairman or by a
member designated by a majority of the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received as certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--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.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), 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.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 8. STAFF.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 9. PUBLIC MEETINGS; PUBLIC VERSIONS OF REPORTS.
(a) Requiring Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 6(b).
(b) Public Hearings.--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.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 6(b)(2).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports, and disseminating the
final report.
SEC. 12. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
SEC. 13. DEFINITION.
In this Act, the term ``electronic systems'' means computers,
servers, and electronic communications. | Protecting Our Democracy Act This bill establishes in the legislative branch the National Commission on Foreign Interference in the 2016 Election to investigate activities of the Russian government and others to use electronic means to influence, interfere with, or sow distrust in the elections for public office held in the United States in 2016. | {"src": "billsum_train", "title": "Protecting Our Democracy Act"} | 3,596 | 63 | 0.608081 | 1.590696 | 1.27089 | 5.929825 | 59.350877 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Transportation Systems
Vulnerability Assessment and Reduction Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Frontline transit employee.--The term ``frontline
transit employee'' means an employee of a mass transportation
agency who is a bus or rail operator, mechanic, customer
service representative, maintenance employee, or transit police
or security officer and other individuals designated by the
Secretary.
(2) Eligible transportation agency.--The term ``eligible
transportation agency'' means a designated recipient as defined
in section 5307(a) of title 49, United States Code, and any
other transportation agency designated by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ADMINISTRATION OF DUTIES.
All duties vested in the Secretary under this Act shall be carried
out by the Secretary acting jointly with the Secretary of
Transportation.
SEC. 4. PUBLIC TRANSPORTATION SYSTEMS VULNERABILITY ASSESSMENTS.
(a) Assessment.--The Secretary shall--
(1) conduct a review of all government assessments
conducted after September 11, 2001, of terrorist-related
threats to all forms of public transportation, including public
gathering areas related to public transportation;
(2) ensure that the assessment of each public
transportation system identifies--
(A) the critical assets of the system;
(B) threats to those assets;
(C) security weaknesses in the system and its
assets;
(D) redundant and backup systems required to ensure
the continued operation of critical elements of the
system in the event of an attack or other incident; and
(E) the extent to which frontline transit employees
have received training in security awareness and
emergency preparedness and response procedures; and
(3) as necessary, conduct additional assessments of
vulnerabilities associated with any public transportation
system.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
President and Congress a report on the results of the review
and assessments conducted under this subsection (a), including
the Secretary's recommendations for legislative and
administrative actions.
(2) Updates.--The Secretary shall update the report
annually for 2 years and transmit the updated reports to the
President and Congress.
SEC. 5. GRANTS FOR EMERGENCY PREPAREDNESS AND RESPONSE TRAINING OF
FRONTLINE TRANSIT EMPLOYEES.
(a) In General.--The Secretary may make grants to eligible
transportation agencies for--
(1) the training of frontline transit employees in
emergency preparedness and response activities; and
(2) the acquisition of equipment and technologies, approved
by the Secretary, to assist in carrying out such training and
activities.
(b) Training Activities.--Training activities under subsection
(a)(1) may include the teaching of best practice methods, planning,
testing, drills, and the development of agency and regional emergency
preparedness and response programs.
(c) Applications.--To be eligible for a grant under this section,
an eligible transportation agency shall submit to the Secretary an
application at the time and containing the information that the
Secretary requires by regulation.
(d) Terms and Conditions.--A grant to an eligible transportation
agency in a fiscal year under this section shall be subject to the
following terms and conditions:
(1) Emergency management committee.--The agency shall
certify that the agency will establish a committee on emergency
preparedness and response training consisting of at least one
frontline transit employee representative and at least one
management employee representative. The committee shall be
composed of an equal number of frontline transit employee
representatives and management employee representatives.
Committee positions shall not be vacant for any period in the
fiscal year of more than 30 days.
(2) Report.--The agency shall agree to submit to the
Secretary before the last day of the fiscal year a report on
the use of the grant, including a statement of the number of
frontline transit employees receiving training under the grant.
(e) Other Requirements.--Except as otherwise specifically provided
by this section, a grant under this section shall be subject to--
(1) the terms and conditions that apply to grants made
under section 5307 of title 49, United States Code; and
(2) other terms and conditions determined by the Secretary.
(f) Allocation of Grant Amounts.--The Secretary shall allocate
amounts made available for grants under this section in a fiscal year
among eligible transportation agencies based on the needs of the
agencies for emergency preparedness and response training and
equipment. Not less than 10 percent of such amounts shall be allocated
to eligible transportation agencies in nonurban areas.
(g) Federal Share.--The Federal share of the cost of activities
funded using amounts from a grant under this section may not exceed 90
percent.
(h) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall issue final regulations to
carry out this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Homeland
Security to carry out this Act $25,000,000 for each of fiscal years
2006 through 2009. Such amounts shall remain available until expended. | Public Transportation Systems Vulnerability Assessment and Reduction Act of 2005 - Directs the Secretary of Homeland Security (Secretary) to: (1) review all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including related public gathering areas; (2) ensure that the assessments identify the critical assets of the system, including threats, and identify the extent to which backup systems ensure continued operation of the system in the event of an attack and the extent frontline transit employees have received training in security awareness, emergency preparedness, and response procedures; and (3) conduct, as necessary, additional assessments of vulnerabilities associated with any public transportation system.
Authorizes the Secretary to make grants to eligible transportation agencies for: (1) the training of frontline transit employees in emergency preparedness and response activities; and (2) the acquisition of approved equipment and technologies to assist in carrying them out. Requires allocation of grant amounts among eligible transportation agencies based on need for emergency preparedness and response training and equipment, earmarking at least ten percent of such amounts to eligible transportation agencies in non-urban areas. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to carry out activities to assess and reduce the vulnerabilities of public transportation systems."} | 1,139 | 231 | 0.738279 | 2.07289 | 0.876669 | 4.53211 | 4.862385 | 0.954128 |
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7706) is amended--
(1) in subsection (a)(7)--
(A) by striking ``and'' after ``1995,''; and
(B) by inserting before the period at the end the
following: ``, $20,900,000 for the fiscal year ending
September 30, 1998, and $21,500,000 for the fiscal year
ending September 30, 1999'';
(2) in subsection (b)--
(A) by striking ``and'' after ``September 30,
1995;'';
(B) by inserting before the period at the end the
following: ``; $52,565,660 for the fiscal year ending
September 30, 1998, of which $3,800,000 shall be used
for the Global Seismic Network operated by the Agency;
and $54,052,630 for the fiscal year ending September
30, 1999, of which $3,800,000 shall be used for the
Global Seismic Network operated by the Agency''; and
(C) by adding at the end the following:
``Of the amounts authorized to be appropriated under this subsection,
at least--
``(1) $8,000,000 of the amount authorized to be
appropriated for the fiscal year ending September 30, 1998; and
``(2) $8,250,000 of the amount authorized for the fiscal
year ending September 30, 1999,
shall be used for carrying out a competitive, peer-reviewed program
under which the Director, in close coordination with and as a
complement to related activities of the United States Geological
Survey, awards grants to, or enters into cooperative agreements with,
State and local governments and persons or entities from the academic
community and the private sector.'';
(3) in subsection (c)--
(A) by striking ``and'' after ``September 30,
1995,''; and
(B) by inserting before the period at the end the
following: ``, (3) $18,450,000 for engineering research
and $11,920,000 for geosciences research for the fiscal
year ending September 30, 1998, and (4) $19,000,000 for
engineering research and $12,280,000 for geosciences
research for the fiscal year ending September 30,
1999''; and
(4) in the last sentence of subsection (d)--
(A) by striking ``and'' after ``September 30,
1995,''; and
(B) by inserting before the period at the end the
following: ``, $2,000,000 for the fiscal year ending
September 30, 1998, and $2,060,000 for the fiscal year
ending September 30, 1999''.
SEC. 2. AUTHORIZATION OF REAL-TIME SEISMIC HAZARD WARNING SYSTEM
DEVELOPMENT, AND OTHER ACTIVITIES.
(a) Automatic Seismic Warning System Development.--
(1) Definitions.--In this section:
(A) Director.--The term ``Director'' means the
Director of the United States Geological Survey.
(B) High-risk activity.--The term ``high-risk
activity'' means an activity that may be adversely
affected by a moderate to severe seismic event (as
determined by the Director). The term includes high-
speed rail transportation.
(C) Real-time seismic warning system.--The term
``real-time seismic warning system'' means a system
that issues warnings in real-time from a network of
seismic sensors to a set of analysis processors,
directly to receivers related to high-risk activities.
(2) In general.--The Director shall conduct a program to
develop a prototype real-time seismic warning system. The
Director may enter into such agreements or contracts as may be
necessary to carry out the program.
(3) Upgrade of seismic sensors.--In carrying out a program
under paragraph (2), in order to increase the accuracy and
speed of seismic event analysis to provide for timely warning
signals, the Director shall provide for the upgrading of the
network of seismic sensors participating in the prototype to
increase the capability of the sensors--
(A) to measure accurately large magnitude seismic
events (as determined by the Director); and
(B) to acquire additional parametric data.
(4) Development of communications and computation
infrastructure.--In carrying out a program under paragraph (2),
the Director shall develop a communications and computation
infrastructure that is necessary--
(A) to process the data obtained from the upgraded
seismic sensor network referred to in paragraph (3);
and
(B) to provide for, and carry out, such
communications engineering and development as is
necessary to facilitate--
(i) the timely flow of data within a real-
time seismic hazard warning system; and
(ii) the issuance of warnings to receivers
related to high-risk activities.
(5) Procurement of computer hardware and computer
software.--In carrying out a program under paragraph (2), the
Director shall procure such computer hardware and computer
software as may be necessary to carry out the program.
(6) Reports on progress.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Director shall
prepare and submit to Congress a report that contains a
plan for implementing a real-time seismic hazard
warning system.
(B) Additional reports.--Not later than 1 year
after the date on which the Director submits the report
under subparagraph (A), and annually thereafter, the
Director shall prepare and submit to Congress a report
that summarizes the progress of the Director in
implementing the plan referred to in subparagraph (A).
(7) Authorization of appropriations.--In addition to the
amounts made available to the Director under section 12(b) of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7706(b)), there are authorized to be appropriated to the
Department of the Interior, to be used by the Director to carry
out paragraph (2), $3,000,000 for each of fiscal years 1998 and
1999.
(b) Seismic Monitoring Networks Assessment.--
(1) In general.--The Director shall provide for an
assessment of regional seismic monitoring networks in the
United States. The assessment shall address--
(A) the need to update the infrastructure used for
collecting seismological data for research and
monitoring of seismic events in the United States;
(B) the need for expanding the capability to record
strong ground motions, especially for urban area
engineering purposes;
(C) the need to measure accurately large magnitude
seismic events (as determined by the Director);
(D) the need to acquire additional parametric data;
and
(E) projected costs for meeting the needs described
in subparagraphs (A) through (D).
(2) Results.--The Director shall transmit the results of
the assessment conducted under this subsection to Congress not
later than 1 year after the date of enactment of this Act.
(c) Earth Science Teaching Materials.--
(1) Definitions.--In this subsection:
(A) Local educational agency.--The term ``local
educational agency'' has the meaning given that term in
section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
(B) School.--The term ``school'' means a nonprofit
institutional day or residential school that provides
education for any of the grades kindergarten through
grade 12.
(2) Teaching materials.--In a manner consistent with the
requirement under section 5(b)(4) of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) and subject to a
merit based competitive process, the Director of the National
Science Foundation may use funds made available to him or her
under section 12(c) of such Act (42 U.S.C. 7706(c)) to develop,
and make available to schools and local educational agencies for use by
schools, at a minimal cost, earth science teaching materials that are
designed to meet the needs of elementary and secondary school teachers
and students.
(d) Improved Seismic Hazard Assessment.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Director shall conduct a project to
improve the seismic hazard assessment of seismic zones.
(2) Reports.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually during the
period of the project, the Director shall prepare, and
submit to Congress, a report on the findings of the
project.
(B) Final report.--Not later than 60 days after the
date of termination of the project conducted under this
subsection, the Director shall prepare and submit to
Congress a report concerning the findings of the
project.
(e) Study of National Earthquake Emergency Training Capabilities.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall conduct an assessment of the need for
additional Federal disaster-response training capabilities that
are applicable to earthquake response.
(2) Contents of assessment.--The assessment conducted under
this subsection shall include--
(A) a review of the disaster training programs
offered by the Federal Emergency Management Agency at
the time of the assessment;
(B) an estimate of the number and types of
emergency response personnel that have, during the
period beginning on January 1, 1990, and ending on July
1, 1997, sought the training referred to in
subparagraph (A), but have been unable to receive that
training as a result of the oversubscription of the
training capabilities of the Federal Emergency
Management Agency; and
(C) a recommendation on the need to provide
additional Federal disaster-response training centers.
(3) Report.--Not later than February 15, 1998, the Director
of the Federal Emergency Management Agency shall prepare and
submit to Congress a report that addresses the results of the
assessment conducted under this subsection.
SEC. 3. COMPREHENSIVE ENGINEERING RESEARCH PLAN.
(a) National Science Foundation.--Section 5(b)(4) of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) develop, in conjunction with the Federal
Emergency Management Agency, the National Institute of
Standards and Technology, and the United States
Geological Survey, a comprehensive plan for earthquake
engineering research to effectively use existing
testing facilities and laboratories (in existence at
the time of the development of the plan), upgrade
facilities and equipment as needed, and integrate new,
innovative testing approaches to the research
infrastructure in a systematic manner.''.
(b) Federal Emergency Management Agency.--Section 5(b)(1) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(1)) is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding after subparagraph (E) the following:
``(F) work with the National Science Foundation,
the National Institute of Standards and Technology, and
the United States Geological Survey, to develop a
comprehensive plan for earthquake engineering research
to effectively use existing testing facilities and
laboratories (existing at the time of the development
of the plan), upgrade facilities and equipment as
needed, and integrate new, innovative testing
approaches to the research infrastructure in a
systematic manner.''.
(c) United States Geological Survey.--Section 5(b)(3) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(3)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following:
``(H) work with the National Science Foundation,
the Federal Emergency Management Agency, and the
National Institute of Standards and Technology to
develop a comprehensive plan for earthquake engineering
research to effectively use existing testing facilities
and laboratories (in existence at the time of the
development of the plan), upgrade facilities and
equipment as needed, and integrate new, innovative
testing approaches to the research infrastructure in a
systematic manner.''.
(d) National Institute of Standards and Technology.--Section
5(b)(5) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704(b)(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) work with the National Science Foundation,
the Federal Emergency Management Agency, and the United
States Geological Survey to develop a comprehensive
plan for earthquake engineering research to effectively
use existing testing facilities and laboratories (in
existence at the time of the development of the plan),
upgrade facilities and equipment as needed, and
integrate new, innovative testing approaches to the
research infrastructure in a systematic manner.''.
SEC. 4. REPEALS.
Sections 6 and 7 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7705 and 7705a) are repealed. | Amends the Earthquake Hazards Reduction Act of 1977 to authorize appropriations for FY 1998 and 1999 to: (1) the Director of the Federal Emergency Management Agency (FEMA) to carry out the National Earthquake Hazards Reduction Program; and (2) the Secretary of the Interior for such responsibilities as may be assigned to the Director of the U.S. Geological Survey (USGS) under such Act, with specified funds earmarked for the Global Seismic Network and for carrying out a competitive, peer-reviewed program under which FEMA, in close coordination with and as a complement to related activities of the USGS, awards grants to, or enters into cooperative agreements with, State and local governments and persons or entities from the academic community and the private sector. Earmarks funds for responsibilities under such Act for FY 1998 and 1999 for: (1) the National Science Foundation (NSF) for engineering research and geosciences research; and (2) the National Institute of Standards and Technology (NIST).
Requires the Director of USGS to: (1) conduct and report to the Congress on a program to develop a prototype real-time seismic warning system; and (2) provide for an assessment of and report to the Congress on regional seismic monitoring networks in the United States.
Authorizes the Director of NSF to use funds made available under such Act to develop and make available to schools and local educational agencies for use by schools, at a minimal cost, earth science teaching materials that are designed to meet the needs of elementary and secondary school teachers and students.
Requires the Director to conduct and report to the Congress on a project to improve the seismic hazard assessment of seismic zones.
Requires the Director of FEMA to report to the Congress on the need for additional Federal disaster-response training capabilities that are applicable to earthquake response.
Requires NSF, FEMA, USGS, and NIST to jointly develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories, upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner. | {"src": "billsum_train", "title": "To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes."} | 2,968 | 454 | 0.561651 | 1.784556 | 0.689916 | 4.987654 | 6.777778 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virginia Jobs and Energy Act''.
SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE
VIRGINIA.
(a) Conduct of Lease Sale.--Notwithstanding inclusion in the
current 5-year oil and gas leasing program under section 18 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of
the Interior shall conduct lease sale 220 (as defined in the Draft
Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for
2010-2015 as published in the Federal Register on January 21, 2009 (74
Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon
as practicable, but not later than 1 year after the date of enactment
of this Act.
(b) Inclusion in Future Leasing Programs.--Notwithstanding
inclusion in the 2017-2022 OCS Oil and Gas Leasing Program, the
Secretary of the Interior shall include at least 2 lease sales in the
Virginia lease sale planning area (as defined in section 4(c)(4)) in
each 5-year oil and gas leasing program that applies after the current
leasing program.
SEC. 3. PROTECTION OF MILITARY OPERATIONS.
(a) Prohibition.--No person may engage in any exploration,
development, or production of oil or natural gas off the coast of
Virginia that would conflict with any military operation, as determined
in accordance with the Memorandum of Agreement between the Department
of Defense and the Department of the Interior on Mutual Concerns on the
Outer Continental Shelf signed July 20, 1983, and any revision or
replacement for that agreement that is agreed to by the Secretary of
Defense and the Secretary of the Interior after that date but before
the date of issuance of the lease under which such exploration,
development, or production is conducted.
(b) Review and Updating of MOA.--The Secretary of the Interior and
the Secretary of Defense shall periodically review and revise such
memorandum of agreement to account for new offshore energy production
technologies, including those that use wind energy.
SEC. 4. DISPOSITION OF REVENUE.
(a) Payment of New Leasing Revenues to States.--Notwithstanding
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of
the amount of new leasing revenues received by the United States each
fiscal year under any lease issued under this Act, 37.5 percent shall
be allocated and paid in accordance with subsection (b) to States that
are affected States with respect to the leases under which those
revenues are received by the United States.
(b) Allocation of Payments.--
(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to States in accordance with this
subsection each fiscal year shall be allocated among and paid
to States that are within 200 miles of the leased tract, in
amounts that are inversely proportional to the respective
distances between the point on the coastline of each such State
that is closest to the geographic center of the lease tract, as
determined by the Secretary.
(2) Minimum and maximum allocation.--The amount allocated
to a State under paragraph (1) each fiscal year with respect to
a leased tract shall be--
(A) in the case of a State that is the nearest
State to the geographic center of the leased tract, not
less than 25 percent of the total amounts allocated
with respect to the leased tract; and
(B) in the case of any other State, not less than
10 percent, and not more than 15 percent, of the total
amounts allocated with respect to the leased tract.
(3) Administration.--Amounts allocated to a State under
this subsection--
(A) shall be available to the State without further
appropriation;
(B) shall remain available until expended; and
(C) shall be in addition to any other amounts
available to the State under the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.).
(4) Use of funds.--
(A) In general.--Except as provided in subparagraph
(B), a State may use funds allocated and paid to it
under this subsection for any purpose as determined by
the laws of that State.
(B) Restriction on use for matching.--Funds
allocated and paid to a State under this subsection may
not be used as matching funds for any other Federal
program.
(c) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' has the
meaning that term has under section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331).
(2) New leasing revenues.--The term ``new leasing
revenues'' means amounts received by the United States as
bonuses, rents, and royalties under leases for oil and gas,
wind, tidal, or other energy exploration, development, and
production on areas of the Outer Continental Shelf that are
authorized to be made available for leasing as a result of
enactment of this Act.
(3) Virginia lease sale planning area.--The term ``Virginia
lease sale planning area'' means the area of the outer
Continental Shelf (as that term is defined in the Outer
Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that
has--
(A) a boundary consisting of a straight line
extending from the northernmost point of Virginia's
seaward boundary to the point on the seaward boundary
of the United States exclusive economic zone located at
37 degrees 17 minutes 1 second North latitude, 71
degrees 5 minutes 16 seconds West longitude; and
(B) a southern boundary consisting of a straight
line extending from the southernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 36 degrees 31 minutes 58 seconds North
latitude, 71 degrees 30 minutes 1 second West
longitude.
SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.
(a) Offshore Meteorological Project Permitting.--
(1) In general.--The Secretary of the Interior shall by
regulation require that any applicant seeking to conduct an
offshore meteorological site testing and monitoring project on
the outer Continental Shelf (as that term is defined in the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.))
must obtain a permit and right of way for the project in
accordance with this subsection.
(2) Permit and right-of-way timeline and conditions.--
(A) Deadline for approval.--The Secretary shall
decide whether to issue a permit and right of way for
an offshore meteorological site testing and monitoring
project within 30 days after receiving an application.
(B) Public comment and consultation.--During the
period referred to in subparagraph (A), the Secretary
shall--
(i) provide an opportunity for submission
of comments by the public; and
(ii) consult with the Secretary of Defense,
the Commandant of the Coast Guard, and the
heads of other Federal, State, and local
agencies that would be affected by issuance of
the permit and right of way.
(C) Denial of permit; opportunity to remedy
deficiencies.--If the application is denied, the
Secretary shall provide the applicant--
(i) in writing, clear and comprehensive
reasons why the application was not approved
and detailed information concerning any
deficiencies in the application; and
(ii) an opportunity to remedy such
deficiencies.
(b) NEPA Exclusion.--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 an offshore meteorological site testing and monitoring
project.
(c) Protection of Information.--The information provided to the
Secretary of the Interior pursuant to subsection (d)(3) shall be
treated by the Secretary as proprietary information and protected
against disclosure.
(d) Definition of an Offshore Meteorological Site Testing and
Monitoring Project.--In this section, the term ``offshore
meteorological site testing and monitoring project'' means a project
carried out on or in the waters of the Outer Continental Shelf
administered by the Department of the Interior to test or monitor
weather (including wind, tidal, current, and solar energy) using
towers, buoys, or other temporary ocean infrastructure, that--
(1) causes--
(A) less than 1 acre of surface or seafloor
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of surface or seafloor
disruption within the proposed area affected by the
project (including hazards to navigation);
(2) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of towers, buoys, or other temporary
ocean infrastructure from the project site; and
(B) restoration of the project site to
approximately the original condition of the site; and
(3) provides meteorological information obtained by the
project to the Secretary of the Interior. | Virginia Jobs and Energy Act Directs the Secretary of the Interior to: (1) conduct lease sale 220 within one year after enactment of this Act, and (2) include at least two lease sales in the Virginia lease sale planning area in each five-year oil and gas leasing program that applies after the current leasing program. Prohibits any oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. Directs the Secretary and the Secretary of Defense (DOD) periodically to review and revise a specified Memorandum of Agreement concerning such operations to account for new offshore energy production technologies, including those using wind energy. Allocates 37.5% of new leasing revenues received by the United States each fiscal year under any lease issued under this Act for payment to states affected with respect to the leases under which those revenues are received by the United States. Sets forth a payments allocation schedule for states within 200 miles of the leased tract. Exempts from environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA) any project determined by the Secretary to be an offshore meteorological site testing and monitoring project. Defines such project as one administered by the Department of the Interior and carried out on or in the waters of the Outer Continental Shelf to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned within five years of its commencement; and (3) provides meteorological information to the Secretary. Directs the Secretary to: (1) require that any applicant seeking to conduct such a project obtain a permit and right of way; (2) determine, within 30 days after receiving an application, whether to issue such a permit and right of way; (3) provide an opportunity for public comment; (4) consult with DOD, the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies affected by issuance of the permit and right of way; and (5) provide an applicant the opportunity to remedy deficiencies in an application that was denied. | {"src": "billsum_train", "title": "Virginia Jobs and Energy Act"} | 2,037 | 497 | 0.590842 | 1.959827 | 0.779872 | 5.04086 | 3.913978 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WISEWOMAN Expansion Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heart disease, stroke, and other cardiovascular
diseases remain the leading cause of death among females in the
United States, killing more than 500,000 women each year.
(2) About 1 in 5 females have some form of cardiovascular
disease, killing more American women than the next 14 causes of
death combined.
(3) In women, cardiovascular disease is frequently
undetected and untreated until the disease has become severe,
causing 38 percent of women who have heart attacks to die
within 1 year.
(4) Obesity increases women's risk for some of the leading
causes of death: heart disease, stroke, diabetes, and certain
cancers.
(5) Better nutrition and lifestyle changes can effectively
prevent and treat obesity.
(6) Osteoporosis afflicts more than 20,000,000 American
women.
(7) More than \1/2\ of all women over 65 have osteoporosis.
(8) One out of every 2 women over 50 will have an
osteoporosis-related fracture during her lifetime.
(9) The national annual costs associated with osteoporosis
are estimated at $14,000,000,000.
(10) Physical activity is necessary for bone acquisition
and maintenance throughout adulthood.
(11) Muscular strength and balance may be very significant
in future risk reduction for osteoporosis.
(12) There is consensus that adequate vitamin D and calcium
intakes are required for bone health.
(13) Research has demonstrated that--
(A) the uninsured often have significantly poorer
health than the insured; and
(B) being uninsured is an obstacle to receiving
preventive health care services.
(14) The WISEWOMAN program has--
(A) provided one-stop shopping for preventive
health services such as cholesterol and blood pressure
screening for close to 8,000 women and identified risk
factors for heart disease such as obesity, high
cholesterol, high blood pressure, sedentary behavior
and poor diet; and
(B) found that many of the women screened have
returned for additional interventions and follow-up,
resulting in improved weight management, lower blood
pressure and lower cholesterol.
(15) Expansion of the WISEWOMAN model program to additional
States would help reduce women's risk of illness and death from
heart disease and other preventable diseases and provide
further insights into the feasibility and effectiveness of
making comprehensive, integrated preventive services available
to low-income and uninsured women.
SEC. 3. SUPPLEMENTAL GRANTS FOR ADDITIONAL PREVENTIVE HEALTH SERVICES
FOR WOMEN.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended to read as follows:
``SEC. 1509. ESTABLISHMENT OF PROGRAM FOR ADDITIONAL PREVENTIVE HEALTH
SERVICES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may, through a
competitive review process, award grants to States that have received
grants under section 1501 for a fiscal year, to enable such State to
carry out programs--
``(1) to provide preventive health services, in addition to
the services authorized in such section 1501, for diseases such
as cardiovascular diseases, osteoporosis, and obesity;
``(2) to provide screenings, such as screening for blood
pressure, cholesterol, and osteoporosis, and other services
that the Secretary, acting through the Director of the Centers
for Disease Control and Prevention, determines to be
appropriate and feasible;
``(3) for health education, counseling, and interventions
for behavioral risk factors, such as physical inactivity and
poor nutrition, and diseases referred to in paragraph (1);
``(4) to provide appropriate referrals for medical
treatment of women receiving services pursuant to paragraph (1)
through (3), and ensuring, to the extent practicable, the
provision of appropriate follow-up services; and
``(5) to evaluate the activities conducted under paragraphs
(1) through (4) through appropriate surveillance, research, or
program monitoring activities.
``(b) Status as Participant in Program Regarding Breast and
Cervical Cancer.--The Secretary may not make a grant to a State under
subsection (a) unless the State involved agrees that services under the
grant will be provided in conjunction with entities that are screening
women for breast or cervical cancer pursuant to a grant under section
1501.
``(c) Applicability of Provisions.--The provisions of this title
shall apply to a grant under subsection (a) to the same extent and in
the same manner as such provisions apply to a grant under section 1501.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $20,000,000 for fiscal year 2002;
``(B) $25,000,000 for fiscal year 2003;
``(C) $30,000,000 for fiscal year 2004; and
``(D) such sums as may be necessary for each
subsequent fiscal year.
``(2) Limitation regarding funding with respect to breast
and cervical cancer.--No additional resources shall be
appropriated for a fiscal year under paragraph (1) unless the
amount appropriated under section 1510(a) for such fiscal year
is at least $173,920,000.''. | WISEWOMAN Expansion Act of 2001- Amends the Public Health Service Act (PHSA) to permit the Secretary of Health and Human Services, through a competitive review process, to award grants to States to provide additional specified preventive health services, screenings, education, and referrals under PHSA provisions concerning preventive health measures with respect to breast and cervical cancers. Authorizes appropriations. | {"src": "billsum_train", "title": "To reduce health care costs and promote improved health by providing supplemental grants for additional preventive health services for women."} | 1,166 | 89 | 0.443615 | 1.179778 | 0.217443 | 2.477612 | 16.38806 | 0.835821 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the School Management and Planning
magazine, up to $150,000,000,000 in repairs, renovations, and
modernizations is needed to put schools in the United States
into good overall condition.
(2) Approximately 14,000,000 United States students attend
schools that report the need for extensive repair or
replacement of 1 or more buildings.
(3) According to a recent study conducted by American
School & University magazine, $29,088,000,000 was spent to
address the Nation's education infrastructure needs, with the
average total cost of a new high school being $27,000,000.
(4) Academic research has proven that there is a direct
correlation between the condition of school facilities and
student achievement. At Georgetown University, researchers have
found that students assigned to schools in poor condition could
be expected to have test scores that are 10.9 percentage points
lower than students in schools in excellent condition. Similar
studies demonstrated improvement of up to 20 percent in test
scores when students were moved from a facility in poor
condition to a new facility.
(5) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(6) The challenges facing the Nation's public elementary
schools and secondary schools and libraries require the
concerted efforts of all levels of government and all sectors
of communities.
(7) The United States competitive position within the world
economy is vulnerable if the future workforce of the United
States continues to be educated in schools and libraries not
equipped for the 21st century.
(8) The deplorable state of collections in public school
libraries in the United States has increased the demands on
public libraries. In many instances, public libraries
substitute for school libraries, creating a higher demand for
material and physical space to house literature and educational
computer equipment.
(9) Research shows that 50 percent of a child's
intellectual development takes place before age 4. The Nation's
public and school libraries play a critical role in a child's
early development because the libraries provide a wealth of
books and other resources that can give every child a head
start on life and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--The Secretary of Education
(referred to in this Act as the ``Secretary''), after
consultation with the Secretary of the Treasury, may enter into
cooperative agreements with States under which--
(A) the States establish State infrastructure banks
and multistate infrastructure banks for the purpose of
providing the loans described in subparagraph (B); and
(B) the Secretary awards grants to States to be
used as initial capital for the purpose of making loans
through the infrastructure banks--
(i) to local educational agencies to enable
the agencies to construct, reconstruct, or
renovate elementary schools or secondary
schools that provide free public education; and
(ii) to public libraries to enable the
libraries to construct, reconstruct, or
renovate library facilities.
(2) Interstate compacts.--
(A) Consent.--Congress grants consent to any 2 or
more States, entering into a cooperative agreement
under paragraph (1) with the Secretary for the
establishment of a multistate infrastructure bank, to
enter into an interstate compact establishing a
multistate infrastructure bank in accordance with this
section.
(B) Reservation of rights.--Congress expressly
reserves the right to alter, amend, or repeal this
section and any consent granted pursuant to this
section.
(b) Repayments.--Each infrastructure bank established under
subsection (a) shall apply repayments of principal and interest on
loans funded by the grant received under subsection (a) to the making
of additional loans.
(c) Infrastructure Bank Requirements.--A State establishing an
infrastructure bank under this section shall--
(1) contribute to the bank, from non-Federal sources, an
amount equal to not less than 25 percent of the amount of each
grant made for the bank under subsection (a);
(2) identify as recipient of the grant an operating entity
of the State that has the capacity to manage loan funds, and
issue debt instruments of the State for purposes of leveraging
the funds made available through the grant or State
contributions under paragraph (1) related to the grant;
(3) allow such funds to be used as reserve for debt issued
by the State, so long as proceeds are deposited in the
appropriate accounts for loan purposes;
(4) ensure that investment income generated by funds
described in paragraph (2) and made available to an account of
the bank will be--
(A) credited to the account;
(B) available for use in providing loans for a
project eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of funds for projects assisted by the
bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rate being offered for bonds;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any such loan will
not exceed 30 years after the date of the first payment on the
loan under paragraph (6); and
(8) require the bank to make an annual report to the
Secretary on its status, and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make a loan to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for a loan under subsection
(e).
(2) Applications for loans.--
(A) In general.--A local educational agency or
public library desiring a loan under this section shall
submit to such an infrastructure bank an application
that includes--
(i) in the case of an application for a
renovation project for a facility--
(I) a description of each
architectural, civil, structural,
mechanical, or electrical deficiency to
be corrected with the loan funds and
the priorities to be applied in
determining which deficiency to address
first; and
(II) a description of the criteria
used by the applicant to determine the
type of corrective action necessary for
the renovation of the facility;
(ii) a description of any improvements to
be made and a cost estimate for the
improvements to be made with the loan;
(iii) a description of how work undertaken
with the loan will promote energy conservation;
and
(iv) such other information as the
infrastructure bank may require.
(B) Timing.--An infrastructure bank shall take
final action on a completed application submitted to it
in accordance with this subsection not later than 90
days after the date of the submission of the
application.
(3) Criteria for loans.--In considering an application for
a loan under this section, an infrastructure bank shall
consider--
(A) the extent to which the local educational
agency or public library desiring the loan would
otherwise lack the fiscal capacity, including the
ability to raise funds through the full use of bonding
capacity of the agency or library, to undertake the
project proposed in the application;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
proposed project poses to the safety and well-being of
students;
(C) the demonstrated need for the construction,
reconstruction, or renovation described in the
application, based on the condition of the facility in
the proposed project; and
(D) the age of the facility proposed to be
replaced, reconstructed, or renovated.
(e) Eligible Projects.--
(1) In general.--A project shall be eligible for a loan
from an infrastructure bank under this section if the project
consists of--
(A) the construction of an elementary school or
secondary school to meet the needs imposed by
enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning at an
educational facility, including the repair of leaking
roofs, crumbling walls, inadequate plumbing, poor
ventilation equipment, or inadequate heating or
lighting equipment;
(C) an activity to increase physical safety at an
educational facility;
(D) an activity to enhance an educational facility
to provide access for students, teachers, and other
individuals (such as staff and parents) who are
individuals with disabilities;
(E) an activity to address environmental hazards at
an educational facility, such as poor ventilation,
indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet, at an educational
facility;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law, if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste treatment, storage,
and disposal requirements mandated under the
Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) or similar State laws;
(H) work that will enable efficient use of
available energy resources at an educational facility;
(I) work to detect, remove, or otherwise contain
asbestos hazards in an educational facility; or
(J) work to construct public library facilities or
repair or upgrade public library facilities.
(2) Davis-bacon.--The wage requirements of subchapter IV of
chapter 31 of title 40, United States Code shall apply with
respect to individuals employed on the projects described in
paragraph (1).
(3) Healthy high performance schools.--
(A) Establishment of guidelines.--After
consultation with States and consideration of leading
green building standards, the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency,
shall establish Healthy, High Performance School
Guidelines, which shall provide guidance for the
construction and renovation of schools, educational
facilities, and libraries relating to energy
efficiency, renewable energy, water use, building
materials, indoor environmental quality, and such other
matters as the Secretary considers to be appropriate.
(B) Applicability of guidelines.--A local
educational agency or public library using a loan under
this section to fund a new construction or renovation
project described in paragraph (1) shall ensure that
the project conforms, to the maximum extent
practicable, to the Healthy, High Performance School
Guidelines described in subparagraph (A).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available to carry out school or library construction,
reconstruction, or renovation (including repair).
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, if an infrastructure bank makes a loan under this section with
funds made available through a grant awarded to a State under
subsection (a), the funds used to repay the loan may not be credited
toward the contribution required for the State under subsection (c)(1)
for a subsequent grant awarded under subsection (c).
(h) Secretarial Requirements.--In administering this section, the
Secretary shall specify procedures and guidelines for establishing,
operating, and providing assistance from an infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
to an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Income Attributable to Interest.--The income attributable to
interest described in subsection (c)(5) shall be exempt from Federal
taxation.
(k) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(l) Program Administration.--A State may expend an amount not to
exceed 2 percent of the grant funds contributed to an infrastructure
bank established by a State or States under this section to pay the
reasonable costs of administering the infrastructure bank.
(m) Secretarial Review and Report.--The Secretary shall--
(1) review the financial condition of each infrastructure
bank established under this section; and
(2) transmit to Congress a report on the results of such
review not later than 90 days after the completion of the
review.
SEC. 4. DEFINITIONS.
In this Act:
(1) Elementary school, free public education, and secondary
school.--The terms ``elementary school'', ``free public
education'', and ``secondary school'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)
and includes a public charter school that operates as a local
educational agency of the State in which the school is located.
(3) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
(4) Public library.--The term ``public library''--
(A) means a library that serves, free of charge,
all residents of a community, district, or region, and
receives its financial support in whole or in part from
public funds; and
(B) includes a research library, which, for
purposes of this subparagraph, means a library that--
(i) makes its services available to the
public free of charge;
(ii) has extensive collections of books,
manuscripts, and other materials suitable for
scholarly research that are not available to
the public through public libraries;
(iii) engages in the dissemination of
humanistic knowledge through the provision of
services to readers, fellowships, educational
and cultural programs, publication of
significant research, and other activities; and
(iv) is not an integral part of an
institution of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | Investing for Tomorrow's Schools Act of 2007 - Authorizes the Secretary of Education to enter into cooperative agreements with states under which: (1) they establish state and multistate infrastructure banks for education; and (2) the Secretary awards grants to states for initial capital to make loans through such banks to local educational agencies and public libraries for construction, reconstruction, or renovation of public elementary or secondary schools and public library facilities.
Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks.
Requires states to contribute from nonfederal sources at least 25% of the amount of each federal grant for an infrastructure bank.
Lists types of projects eligible for such bank loans.
Directs the Secretary to establish Healthy, High Performance School Guidelines for the construction and renovation of schools, educational facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and other appropriate matters.
Requires any local educational agency or public library using a loan under this Act to fund a new construction or renovation project to ensure that the project conforms, to the maximum extent practicable, to such Healthy, High Performance School Guidelines. | {"src": "billsum_train", "title": "A bill to establish State infrastructure banks for education, and for other purposes."} | 3,197 | 241 | 0.434313 | 1.30987 | 0.955486 | 3.696429 | 13.959821 | 0.946429 |
SECTION 1. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN THE
PERFORMANCE OF ABORTIONS FOR DEPENDENT CHILDREN OF
MEMBERS OF THE ARMED FORCES.
Section 1093 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(c) Parental Notice.--(1) A physician may not use facilities of
the Department of Defense to perform an abortion on a pregnant
unemancipated minor who is a child of a member of the armed forces
unless--
``(A) the physician gives at least 48 hours actual notice,
in person or by telephone, of the physician's intent to perform
the abortion to--
``(i) the member of the armed forces, or another
parent of the minor, if the minor has no managing
conservator or guardian; or
``(ii) a court-appointed managing conservator or
guardian;
``(B) the judge of an appropriate district court of the
United States issues an order authorizing the minor to consent
to the abortion as provided by subsection (d) or (e);
``(C) the appropriate district court of the United States
by its inaction constructively authorizes the minor to consent
to the abortion as provided by subsection (d) or (e); or
``(D) the physician performing the abortion--
``(i) concludes that on the basis of the
physician's good faith clinical judgment, a condition
exists that complicates the medical condition of the
minor and necessitates the immediate abortion of her
pregnancy to avert her death or to avoid a serious risk
of substantial and irreversible impairment of a major
bodily function; and
``(ii) certifies in writing to the appropriate
medical official of the Department of Defense, and in
the patient's medical record, the medical indications
supporting the physician's judgment that the
circumstances described by clause (i) exist.
``(2) If a person to whom notice may be given under paragraph
(1)(A) cannot be notified after a reasonable effort, a physician may
perform an abortion if the physician gives 48 hours constructive
notice, by certified mail, restricted delivery, sent to the last known
address, to the person to whom notice may be given under that
paragraph. The period under this paragraph begins when the notice is
mailed. If the person required to be notified is not notified within
the 48-hour period, the abortion may proceed even if the notice by mail
is not received.
``(3) The requirement that 48 hours actual notice be provided under
this subsection may be waived by an affidavit of--
``(A) the member of the armed forces concerned, or another
parent of the minor, if the minor has no managing conservator
or guardian; or
``(B) a court-appointed managing conservator or guardian.
``(4) A physician may execute for inclusion in the minor's medical
record an affidavit stating that, according to the best information and
belief of the physician, notice or constructive notice has been
provided as required by this subsection. Execution of an affidavit
under this paragraph creates a presumption that the requirements of
this subsection have been satisfied.
``(5) A certification required by paragraph (1)(D) is confidential
and privileged and is not subject to disclosure, discovery, subpoena,
or other legal process. Personal or identifying information about the
minor, including her name, address, or social security number, may not
be included in a certification under paragraph (1)(D). The physician
must keep the medical records on the minor in compliance with
regulations prescribed by the Secretary of Defense.
``(6) A physician who intentionally performs an abortion on a
pregnant unemancipated minor in violation of this subsection commits an
offense punishable by a fine not to exceed $10,000.
``(7) It is a defense to prosecution under this subsection that the
minor falsely represented her age or identity to the physician to be at
least 18 years of age by displaying an apparently valid governmental
record of identification such that a reasonable person under similar
circumstances would have relied on the representation. The defense does
not apply if the physician is shown to have had independent knowledge
of the minor's actual age or identity or failed to use due diligence in
determining the minor's age or identity.
``(d) Judicial Approval.--(1) A pregnant unemancipated minor who is
a child of a member of the armed forces and who wishes to have an
abortion using facilities of the Department of Defense without
notification to the member of the armed forces, another parent, her
managing conservator, or her guardian may file an application for a
court order authorizing the minor to consent to the performance of an
abortion without notification to either of her parents or a managing
conservator or guardian.
``(2) Any application under this subsection may be filed in any
appropriate district court of the United States. In the case of a minor
who elects not to travel to the United States in pursuit of an order
authorizing the abortion, the court may conduct the proceedings in the
case of such application by telephone.
``(3) An application under this subsection shall be made under oath
and include--
``(A) a statement that the minor is pregnant;
``(B) a statement that the minor is unmarried, is under 18
years of age, and has not had her disabilities removed;
``(C) a statement that the minor wishes to have an abortion
without the notification of either of her parents or a managing
conservator or guardian; and
``(D) a statement as to whether the minor has retained an
attorney and, if she has retained an attorney, the name,
address, and telephone number of her attorney.
``(4) The court shall appoint a guardian ad litem for the minor. If
the minor has not retained an attorney, the court shall appoint an
attorney to represent the minor. If the guardian ad litem is an
attorney, the court may appoint the guardian ad litem to serve as the
minor's attorney.
``(5) The court may appoint to serve as guardian ad litem for a
minor--
``(A) a psychiatrist or an individual licensed or certified
as a psychologist;
``(B) a member of the clergy;
``(C) a grandparent or an adult brother, sister, aunt, or
uncle of the minor; or
``(D) another appropriate person selected by the court.
``(6) The court shall determine within 48 hours after the
application is filed whether the minor is mature and sufficiently well-
informed to make the decision to have an abortion performed without
notification to either of her parents or a managing conservator or
guardian, whether notification would not be in the best interest of the
minor, or whether notification may lead to physical, sexual, or
emotional abuse of the minor. If the court finds that the minor is
mature and sufficiently well informed, that notification would not be
in the minor's best interest, or that notification may lead to
physical, sexual, or emotional abuse of the minor, the court shall
enter an order authorizing the minor to consent to the performance of
the abortion without notification to either of her parents or a
managing conservator or guardian and shall execute the required forms.
``(7) If the court fails to rule on the application within the
period specified in paragraph (6), the application shall be deemed to
be granted and the physician may perform the abortion as if the court
had issued an order authorizing the minor to consent to the performance
of the abortion without notification under subsection (c).
``(8) If the court finds that the minor does not meet the
requirements of paragraph (6), the court may not authorize the minor to
consent to an abortion without the notification authorized under
subsection (c)(1).
``(9) The court may not notify a parent, managing conservator, or
guardian that the minor is pregnant or that the minor wants to have an
abortion. The court proceedings shall be conducted in a manner that
protects the anonymity of the minor. The application and all other
court documents pertaining to the proceedings are confidential and
privileged and are not subject to disclosure, discovery, subpoena, or
other legal process. The minor may file the application using a
pseudonym or using only her initials.
``(10) An order of the court issued under this subsection is
confidential and privileged and is not subject to disclosure,
discovery, subpoena, or other legal process. The order may not be
released to any person but the pregnant minor, the pregnant minor's
guardian ad litem, the pregnant minor's attorney, another person
designated to receive the order by the minor, or a governmental agency
or attorney in a criminal or administrative action seeking to assert or
protect the interest of the minor.
``(11) A filing fee is not required of and court costs may not be
assessed against a minor filing an application under this subsection.
``(e) Appeal.--(1) A minor whose application under subsection (d)
is denied may appeal to the court of appeals of the United States
having jurisdiction of the district court of the United States that
denied the application. If the court of appeals fails to rule on the
appeal within 48 hours after the appeal is filed, the appeal shall be
deemed to be granted and the physician may perform the abortion using
facilities of the Department of Defense as if the court had issued an
order authorizing the minor to consent to the performance of the
abortion using facilities of the Department of Defense without
notification under subsection (c). Proceedings under this subsection
shall be given precedence over other pending matters to the extent
necessary to assure that the court reaches a decision promptly.
``(2) A ruling of the court of appeals under this subsection is
confidential and privileged and is not subject to disclosure,
discovery, subpoena, or other legal process. The ruling may not be
released to any person but the pregnant minor, the pregnant minor's
guardian ad litem, the pregnant minor's attorney, another person
designated to receive the ruling by the minor, or a governmental agency
or attorney in a criminal or administrative action seeking to assert or
protect the interest of the minor.
``(3) A filing fee is not required of and court costs may not be
assessed against a minor filing an appeal under this subsection.
``(f) Definitions.--In this section:
``(1) The term `abortion' means the use of any means at a
medical facility of the Department of Defense to terminate the
pregnancy of a female known by an attending physician to be
pregnant, with the intention that the termination of the
pregnancy by those means will with reasonable likelihood cause
the death of the fetus. The term applies only to an
unemancipated minor known by an attending physician to be
pregnant and may not be construed to limit a minor's access to
contraceptives.
``(2) The term `appropriate district court of the United
States' means--
``(A) with respect to a proposed abortion at a
particular Department of Defense medical facility in
the United States or its territories, the district
court of the United States having proper venue in
relation to that facility; or
``(B) if the minor is seeking an abortion at a
particular Department of Defense facility outside the
United States or its territories--
``(i) if the minor elects to travel to the
United States in pursuit of an order
authorizing the abortion, the district court of
the United States having proper venue in the
district in which the minor first arrives from
outside the United States; or
``(ii) if the minor elects not to travel to
the United States in pursuit of an order
authorizing the abortion, the district court of
the United States for the district in which the
minor last resided.
``(3) The term `fetus' means an individual human organism
from fertilization until birth.
``(4) The term `guardian' means a court-appointed guardian
of the person of the minor.
``(5) The term `physician' means an individual licensed to
practice medicine.
``(6) The term `unemancipated minor' includes a minor who
is not a member of the armed forces and who--
``(A) is unmarried; and
``(B) has not had any disabilities of minority
removed.''. | Prohibits physicians from using facilities of the Department of Defense (DOD) to perform an abortion on a pregnant unemancipated minor who is a child of a member of the armed forces unless: (1) the physician gives at least 24 hours actual notice to the member, another parent of the minor, or a court-appointed conservator or guardian; (2) the judge of an appropriate district court issues an order authorizing the minor to consent to the abortion; (3) the appropriate district court by its inaction constructively authorizes such consent; or (4) the physician concludes that a condition exists that necessitates immediate abortion and certifies to the appropriate medical officer of DOD, and in the patient's medical record, the medical indications supporting such judgment. Outlines provisions concerning: (1) alternative notification; and (2) physician penalties for violations.
Allows: (1) such a minor, under specified procedures, to file with the court an application for the performance of the abortion without parental or guardian notification; and (2) for judicial appeal of a denial of such application. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to provide for parental involvement in abortions of dependent children of members of the Armed Forces."} | 2,729 | 232 | 0.696292 | 2.07954 | 0.82271 | 3.913876 | 12.492823 | 0.91866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Voting Protection Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the defense of freedom, members of the United States
Armed Forces are routinely deployed to overseas theaters of
combat, assigned to overseas locations, and assigned to ocean-
going vessels far from home.
(2) As the United States continues to fight the Global War
on Terror, the substantial need for overseas service by members
of the Armed Forces will continue, as we live in what senior
Army leaders have referred to as an ``era of persistent
conflict''.
(3) The right to vote is one of the most basic and
fundamental rights enjoyed by Americans, and one which the
members of the Armed Forces bravely defend both at home in the
United States and overseas.
(4) The decisions of elected officials of the United States
Government directly impact the members of the Armed Forces who
are often called to deploy or otherwise serve overseas as a
result of decisions made by such elected officials.
(5) The ability of the members of the Armed Forces to vote
while serving overseas has been hampered by numerous factors,
including inadequate processes for ensuring their timely
receipt of absentee ballots, delivery methods that are
typically slow and antiquated, and a myriad of absentee voting
procedures that are often confusing and vary among the several
States.
(6) The Uniformed and Overseas Citizens Absentee Voting
Act, which requires the States to allow absentee voting for
members of the Armed Forces and other specified groups of
United States citizens, was intended to protect the voting
rights of members of the Armed Forces.
(7) The current system of absentee voting for overseas
members of the Armed Forces could be greatly improved by
decreasing delays in the process, and certain steps by the
Department of Defense, including utilization of express mail
services for the delivery of completed absentee ballots, would
address the major sources of delay.
SEC. 3. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after
section 103 the following new section:
``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
``(a) Collection.--The Presidential designee shall establish
procedures for collecting marked absentee ballots of absent overseas
uniformed services voters in regularly scheduled general elections for
Federal office, including absentee ballots prepared by States and the
Federal write-in absentee ballot prescribed under section 103, and for
delivering the ballots to the appropriate election officials.
``(b) Ensuring Delivery Prior to Closing of Polls.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall ensure that any
marked absentee ballot for a regularly scheduled general
election for Federal office which is collected prior to the
deadline described in paragraph (3) is delivered to the
appropriate election official in a State prior to the time
established by the State for the closing of the polls on the
date of the election.
``(2) Utilization of express mail delivery services.--The
Presidential designee shall carry out this section by utilizing
the express mail delivery services of the United States Postal
Service.
``(3) Deadline described.--
``(A) In general.--Except as provided in
subparagraph (B), the deadline described in this
paragraph is noon (in the location in which the ballot
is collected) on the fourth day preceding the date of
the election.
``(B) Authority to establish alternative deadline
for certain locations.--If the Presidential designee
determines that the deadline described in subparagraph
(A) is not sufficient to ensure timely delivery of the
ballot under paragraph (1) with respect to a particular
location because of remoteness or other factors, the
Presidential designee may establish as an alternative
deadline for that location the latest date occurring
prior to the deadline described in subparagraph (A)
which is sufficient to ensure timely delivery of the
ballot under paragraph (1).
``(c) Tracking Mechanism.--Under the procedures established under
this section, the Presidential designee, working in conjunction with
the United States Postal Service, shall implement procedures to enable
any individual whose marked absentee ballot for a regularly scheduled
general election for Federal office is collected by the Presidential
designee to determine whether the ballot has been delivered to the
appropriate election official, using the Internet, an automated
telephone system, or such other methods as the Presidential designee
may provide.
``(d) Outreach for Absent Overseas Uniformed Services Voters on
Procedures.--The Presidential designee shall take appropriate actions
to inform individuals who are anticipated to be absent overseas
uniformed services voters in a regularly scheduled general election for
Federal office to which this section applies of the procedures for the
collection and delivery of marked absentee ballots established pursuant
to this section, including the manner in which such voters may utilize
such procedures for the submittal of marked absentee ballots in the
election.
``(e) Reports on Utilization of Procedures.--
``(1) Reports required.--Not later than 180 days after each
regularly scheduled general election for Federal office to
which this section applies, the Presidential designee shall
submit to the relevant committees of Congress a report on the
utilization of the procedures for the collection and delivery
of marked absentee ballots established pursuant to this section
during such general election.
``(2) Elements.--Each report under paragraph (1) shall
include, for the general election covered by such report, a
description of the utilization of the procedures described in
that paragraph during such general election, including the
number of marked absentee ballots collected and delivered under
such procedures and the number of such ballots which were not
delivered by the time of the closing of the polls on the date
of the election (and the reasons therefor).
``(3) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress' means--
``(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
``(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.
``(f) Absent Overseas Uniformed Services Voter Defined.--In this
section, the term `absent overseas uniformed services voter' means an
overseas voter described in section 107(5)(A).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section.
``(h) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2010 and each succeeding election for Federal office.''.
(b) Conforming Amendments.--
(1) Federal responsibilities.--Section 101(b) of such Act
(42 U.S.C. 1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters in elections for Federal office.''.
(2) State responsibilities.--Section 102(a) of such Act (42
U.S.C. 1973ff-1(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) carry out section 103A(b)(2) with respect to the
processing and acceptance of marked absentee ballots of absent
overseas uniformed services voters.''.
(c) Report on Status of Implementation.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Presidential designee
under section 101(a) of the Uniformed and Overseas Citizens
Absentee Voting Act shall submit to the relevant committees of
Congress a report on the status of the implementation of the
program for the collection and delivery of marked absentee
ballots established pursuant to section 103A of such Act, as
added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
a status of the implementation of the program and a detailed
description of the specific steps taken towards its
implementation for November 2010.
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress'' has
the meaning given such term in section 103A(e)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act, as added
by subsection (a).
SEC. 4. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS.
Section 101(b) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)), as amended by section 3(b), is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to the greatest extent practicable, take such actions
as may be required to ensure that absent uniformed services
voters who cast absentee ballots at locations or facilities
under the Presidential designee's jurisdiction are able to do
so in a private and independent manner, and take such actions
as may be required to protect the privacy of the contents of
absentee ballots cast by absent uniformed services voters and
overseas voters while such ballots are in the Presidential
designee's possession or control.''. | Military Voting Protection Act of 2009 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to direct the Secretary of Defense (the presidential designee) to establish procedures for: (1) collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for federal office; and (2) delivering such ballots to the appropriate state election officials.
Requires the designee to: (1) ensure that such ballots are delivered prior to the time established for the closing of the polls on the date of the election; (2) carry out delivery requirements by utilizing the express mail delivery services of the U.S. Postal Service, which shall include a mechanism for ballot tracking; (3) inform individuals who are anticipated to be absent overseas uniformed services voters in such an election of the procedures for collection and delivery of marked absentee ballots established pursuant to this Act; and (4) take steps to ensure that such voters are able to cast their votes in a private and independent manner, and that vote contents remain private while in the designee's possession or control. | {"src": "billsum_train", "title": "A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act to improve procedures for the collection and delivery of marked absentee ballots of absent overseas uniformed service voters, and for other purposes."} | 2,334 | 239 | 0.653593 | 2.041682 | 0.730162 | 4.190244 | 9.980488 | 0.960976 |
SECTION 1. PURPOSES AND DEFINITIONS.
(a) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction of certain
Federal lands in Missouri from the Secretary of the Interior to
the Secretary of Agriculture for continued Federal operation of
the Mingo Job Corps Civilian Conservation Center; and
(2) to not change the Secretary of Labor's role or
authority regarding this Job Corps Center.
(b) Definitions.--For the purposes of this Act--
(1) ``Center'' means the Mingo Job Corps Civilian
Conservation Center in Stoddard County, Missouri, referenced in
section 2(a) of this Act;
(2) ``eligible employee'' means a person who, as of the
date of enactment of this Act, is a full-time, part-time, or
intermittent annual or per hour permanent Federal Government
employee of the Fish and Wildlife Service at the Mingo Job
Corps Civilian Conservation Center, including the two fully
funded Washington Office Job Corps support staff;
(3) ``Environmental Authorities'' mean all applicable
Federal, State and local laws (including regulations) and
requirements related to protection of human health, natural
resources, or the environment, including but not limited to:
the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. 9601, et seq.); the Solid
Waste Disposal Act (42 U.S.C. 6901, et seq.); the Federal Water
Pollution Control Act (33 U.S.C. 1251, et seq.); the Clean Air
Act (42 U.S.C. 7401, et seq.); the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.); the
Toxic Substances Control Act (15 U.S.C. 2601, et seq.); the
Safe Drinking Water Act (42 U.S.C. 300f, et seq.); and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321, et
seq.);
(4) ``U.S. Fish and Wildlife Service'' means the United
States Fish and Wildlife Service as referenced at title 16,
United States Code, section 742b(b);
(5) ``Forest Service'' means the Department of Agriculture
Forest Service as established by the Secretary of Agriculture
pursuant to the authority of title 16, United States Code,
section 551;
(6) ``Job Corps'' means the national Job Corps program
established within the Department of Labor, as set forth in the
Workforce Investment Act of 1998, Public Law No. 105-220,
Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29
U.S.C. 2881-2901);
(7) ``National Forest System'' means that term as defined
at title 16, United States Code, section 1609(a); and
(8) ``National Wildlife Refuge System'' means that term as
defined at title 16, United States Code, section 668dd.
SEC. 2. TRANSFER OF ADMINISTRATION.
(a) Transfer of Center.--Administrative jurisdiction over the Mingo
Job Corps Civilian Conservation Center, comprising approximately 87
acres in Stoddard County, Missouri, as generally depicted on a map
entitled ``Mingo National Wildlife Refuge'', dated September 17, 2002,
to be precisely identified in accordance with subsection (c) of this
section, is hereby transferred, without consideration, from the
Secretary of the Interior to the Secretary of Agriculture.
(b) Maps and Legal Descriptions.--
(1) The map referenced in this section shall be on file and
available for public inspection in the Office of the Chief,
Forest Service, Washington, DC, and in the office of the Chief
of Realty, U.S. Fish and Wildlife Service, Arlington, Virginia.
(2) Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior, in consultation with
the Secretary of Agriculture, shall file a legal description
and map of all of the lands comprising the Center and being
transferred by section 2(a) of this Act with the Committee on
Resources of the United States House of Representatives and the
Committee on Environment and Public Works of the United States
Senate, and such description and map shall have the same force
and effect as if included in this Act, except that the
Secretary of the Interior may make typographical corrections as
necessary.
(c) Applicable Laws.--
(1) Subject to section 3, the Center transferred pursuant
to subsection (a) shall be administered by the Secretary of
Agriculture and shall be subject to the laws and regulations
applicable to the National Forest System.
(2) This transfer shall not conflict or interfere with any
laws and regulations applicable to Job Corps.
SEC. 3. IMPLEMENTATION OF TRANSFER.
(a) Reversion Requirement.--
(1) In the event that the Center is no longer used or
administered for Job Corps purposes, as concurred to by the
Secretary of Labor, the Secretary of Agriculture shall so
notify the Secretary of the Interior, and the Secretary of the
Interior shall have 180 days from the date of such notice to
exercise discretion to reassume jurisdiction over such lands.
(2) The reversionary provisions of subsection (a) shall be
effected, without further action by the Congress, through a
Letter of Transfer executed by the Chief, Forest Service, and
the Director, United States Fish and Wildlife Service, and with
notice thereof published in the Federal Register within 60 days
of the date of the Letter of Transfer.
(b) Authorizations.--
(1) In general.--A permit or other authorization granted by
the U.S. Fish and Wildlife Service on the Center that is in
effect on the date of enactment of this Act will continue with
the concurrence of the Forest Service.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Forest Service.
(3) Exercise of rights.--The Forest Service may exercise
any of the rights of the U.S. Fish and Wildlife Service
contained in any permit or other authorization, including any
right to amend, modify, and revoke the permit or authorization.
(c) Contracts.--
(1) Existing contracts.--The Forest Service is authorized
to undertake all rights and obligations of the U.S. Fish and
Wildlife Service under contracts entered into by the U.S. Fish
and Wildlife Service on the Center that is in effect on the
date of enactment of this Act.
(2) Notice of novation.--The Forest Service shall promptly
notify all contractors that it is assuming the obligations of
the U.S. Fish and Wildlife Service under such contracts.
(3) Disputes.--Any contract disputes under the Contracts
Disputes Act (41 U.S.C. 601, et seq.) regarding the
administration of the Center and arising prior to the date of
enactment of this Act shall be the responsibility of the U.S.
Fish and Wildlife Service.
(d) Memorandum of Agreement.--
(1) In general.--The Chief, Forest Service, and the
Director, U.S. Fish and Wildlife Service, are authorized to
enter into a memorandum of agreement concerning implementation
of this Act, including procedures for--
(A) the orderly transfer of employees of the U.S.
Fish and Wildlife Service to the Forest Service;
(B) the transfer of property, fixtures, and
facilities;
(C) the transfer of records;
(D) the maintenance and use of roads and trails;
and
(E) other transfer issues.
(e) Agreements With the Secretary of Labor.--In the operation of
the Center, the Forest Service will undertake the rights and
obligations of the U.S. Fish and Wildlife Service with respect to
existing agreements with the Secretary of Labor pursuant to Public Law
105-220 (29 U.S.C. 2887, et seq.), and the Forest Service will be the
responsible agency for any subsequent agreements or amendments to
existing agreements.
(f) Records.--
(1) Area management records.--The Forest Service shall have
access to all records of the U.S. Fish and Wildlife Service
pertaining to the management of the Center.
(2) Personnel records.--The personnel records of eligible
employees transferred pursuant to this Act, including the
Official Personnel Folder, Employee Performance File, and other
related files, shall be transferred to the Forest Service.
(3) Land title records.--The U.S. Fish and Wildlife Service
shall provide to the Forest Service records pertaining to land
titles, surveys, and other records pertaining to transferred
real property and facilities.
(g) Transfer of Personal Property.--
(1) In general.--All federally owned personal property
present at the Center is hereby transferred without
consideration to the jurisdiction of the Forest Service, except
that with regard to personal property acquired by the Fish and
Wildlife Service using funds provided by the Department of
Labor under the Job Corps program, the Forest Service shall
dispose of any such property in accordance with the procedures
stated in section 7(e) of the 1989 Interagency Agreement for
Administration of Job Corps Civilian Conservation Center
Program, as amended, between the Department of Labor and the
Department of the Interior.
(2) Inventory.--Not later than 60 days after the date of
enactment of this Act, the U.S. Fish and Wildlife Service shall
provide the Forest Service with an inventory of all property
and facilities at the Center.
(3) Property included.--Property under this subsection
includes, but is not limited to, buildings, office furniture
and supplies, computers, office equipment, vehicles, tools,
equipment, maintenance supplies, and publications.
(4) Exclusion of property.--At the request of the
authorized representative of the U.S. Fish and Wildlife
Service, the Forest Service may exclude movable property from
transfer based on a showing by the U.S. Fish and Wildlife
Service that the property is needed for the mission of the U.S.
Fish and Wildlife Service, cannot be replaced in a cost-
effective manner, and is not needed for management of the
Center.
SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.
(a) Documentation of Existing Conditions.--
(1) In general.--Within 60 days after the date of enactment
of this Act, the U.S. Fish and Wildlife Service shall provide
the Forest Service and the Office of Job Corps, Employment and
Training Administration, Department of Labor, all reasonably
ascertainable documentation and information that exists on the
environmental condition of the land comprising the Center.
(2) Additional documentation.--The U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of Job
Corps, Employment and Training Administration, Department of
Labor, with any additional documentation and information
regarding the environmental condition of the Center as such
documentation and information becomes available.
(b) Actions Required.--
(1) Assessment.--Within 120 days after the date of
enactment of this Act, the U.S. Fish and Wildlife Service shall
provide the Forest Service and the Office of Job Corps,
Employment and Training Administration, Department of Labor, an
assessment, consistent with ASTM Standard E1527, indicating
what action, if any, is required on the Center under any
Environmental Authorities.
(2) Memorandum of agreement.--If the findings of the
environmental assessment indicate that action is required under
applicable Environmental Authorities with respect to any
portion of the Center, the Forest Service and the U.S. Fish and
Wildlife Service shall enter into a memorandum of agreement
that--
(A) provides for the performance by the U.S. Fish
and Wildlife Service of the required actions identified
in the environmental assessment; and
(B) includes a schedule for the timely completion
of the required actions to be taken as agreed to by
U.S. Fish and Wildlife Service and Forest Service.
(c) Documentation of Actions.--After a mutually agreeable amount of
time following completion of the environmental assessment, but not
exceeding 180 days from such completion, the U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of Job Corps,
Employment and Training Administration, Department of Labor, with
documentation demonstrating that all actions required under applicable
Environmental Authorities have been taken that are necessary to protect
human health and the environment with respect to any hazardous
substance, pollutant, contaminant, hazardous waste, hazardous material,
or petroleum product or derivative of a petroleum product on the
Center.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Center and the
requirements of this section shall not in any way affect the
responsibilities and liabilities of the U.S. Fish and Wildlife
Service at the Center under any applicable Environmental
Authorities.
(2) Access.--At all times after the date of enactment of
this Act, the U.S. Fish and Wildlife Service and its agents
shall be accorded any access to the Center that may be
reasonably required to carry out the responsibility or satisfy
the liability referred to in paragraph (1).
(3) No liability.--The Forest Service shall not be liable
under any applicable Environmental Authorities for matters that
are related directly or indirectly to activities of the U.S.
Fish and Wildlife Service or the Department of Labor on the
Center occurring on or before the date of enactment of this
Act, including liability for--
(A) costs or performance of response actions
required under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601, et seq.) at or related to the Center; or
(B) costs, penalties, fines, or performance of
actions related to noncompliance with applicable
Environmental Authorities at or related to the Center
or related to the presence, release, or threat of
release of any hazardous substance, pollutant, or
contaminant, hazardous waste, hazardous material, or
petroleum product or derivative of a petroleum product
of any kind at or related to the Center, including
contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except
as provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities
under applicable Environmental Authorities with respect to the
Forest Service after the date of enactment of this Act.
(e) Other Federal Agencies.--Subject to the other provisions of
this section, a Federal agency that carried or carries out operations
at the Center resulting in the violation of an environmental authority
shall be responsible for all costs associated with corrective actions
and subsequent remediation.
SEC. 5. PERSONNEL.
(a) In General.--
(1) Employment.--Notwithstanding section 3503 of title 5,
United States Code, the Forest Service will accept the transfer
of eligible employees at their current pay and grade levels to
administer the Center as of the date of enactment of this Act.
(b) Transfer-Appointment in the Forest Service.--Eligible employees
will transfer, without a break in Federal service and without
competition, from the Department of the Interior, U.S. Fish and
Wildlife Service, to the Department of Agriculture, Forest Service,
upon an agreed date by both agencies.
(c) Employee Benefit Transition.--Employees of the U.S. Fish and
Wildlife Service who transfer to the Forest Service--
(1) shall retain all benefits and/or eligibility for
benefits of Federal employment without interruption in coverage
or reduction in coverage, including those pertaining to any
retirement, Thrift Savings Plan (TSP), Federal Employee Health
Benefit (FEHB), Federal Employee Group Life Insurance (FEGLI),
leave, or other employee benefits;
(2) shall retain their existing status with respect to the
Civil Service Retirement System (CSRS) or the Federal Employees
Retirement System (FERS);
(3) shall be entitled to carry over any leave time
accumulated during their Federal Government employment;
(4) shall retain their existing level of competitive
employment status and tenure; and
(5) shall retain their existing GM, GS, or WG grade level
and pay.
SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.
(a) The U.S. Fish and Wildlife Service and the Forest Service will
cover their own costs in implementing this Act.
(b) There is hereby authorized to be appropriated such sums as may
be necessary to carry out this Act. | Transfers (with a reversionary interest for non-Job Corps use) administrative jurisdiction of certain Federal lands in Stoddard County, Missouri, from the Secretary of the Interior to the Secretary of Agriculture for continued operation of the Mingo Job Corps Civilian Conservation Center. Maintains Department of Labor agreements with respect to such Center. | {"src": "billsum_train", "title": "To transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior."} | 3,589 | 75 | 0.526235 | 1.603236 | 0.646395 | 3.779661 | 55.220339 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bob Dole Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bob Dole was born on July 22, 1923, in Russell, Kansas.
(2) Growing up during the Great Depression, Bob Dole
learned the values of hard work and discipline, and worked at a
local drug store.
(3) In 1941, Bob Dole enrolled at the University of Kansas
as a pre-medical student. During his time at KU he played for
the basketball, football, and track teams, and joined the Kappa
Sigma Fraternity, from which he would receive the ``Man of the
Year'' award in 1970.
(4) Bob Dole's collegiate studies were interrupted by WWII,
and he enlisted in the United States Army. During a military
offensive in Italy, he was seriously wounded while trying to
save a fellow soldier. Despite his grave injuries, Dole
recovered and was awarded two Purple Hearts and a Bronze Star
with an Oak Cluster for his service. He also received an
American Campaign Medal, a European-African-Middle Eastern
Campaign Medal, and a World War II Victory Medal.
(5) While working on his law degree from Washburn
University, Bob Dole was elected into the Kansas House of
Representatives, serving from 1951-1953.
(6) Bob Dole was elected into the U.S. House of
Representatives and served two Kansas districts from 1961-1969.
(7) In 1969, Bob Dole was elected into the U.S. Senate and
served until 1996. Over the course of this period, he served as
Chairman of the Republican National Committee, Chairman of the
Finance Committee, Senate Minority Leader, and Senate Majority
Leader.
(8) Bob Dole was known for his ability work across the
aisle and embrace practical bipartisanship on issues such as
Social Security.
(9) Bob Dole has been a life-long advocate for the disabled
and was a key figure in the passing of the Americans with
Disabilities Act in 1990.
(10) After his appointment as Majority Leader, Bob Dole set
the record as the nation's longest-serving Republican Leader in
the Senate.
(11) Several Presidents of the United States have specially
honored Bob Dole for his hard work and leadership in the public
sector. This recognition is exemplified by the following:
(A) President Reagan awarded Bob Dole the
Presidential Citizens Medal in 1989 stating, ``Whether
on the battlefield or Capitol Hill, Senator Dole has
served America heroically. Senate Majority Leader
during one of the most productive Congresses of recent
time, he has also been a friend to veterans, farmers,
and Americans from every walk of life. Bob Dole has
stood for integrity, straight talk and achievement
throughout his years of distinguished public
service.''.
(B) Upon awarding Bob Dole with the Presidential
Medal of Freedom in 1997, President Clinton made the
following comments, ``Son of the soil, citizen, soldier
and legislator, Bob Dole understands the American
people, their struggles, their triumphs and their
dreams . . . In times of conflict and crisis, he has
worked to keep America united and strong . . . our
country is better for his courage, his determination,
and his willingness to go the long course to lead
America.''.
(12) After his career in public office, Bob Dole became an
active advocate for the public good. He served as National
Chairman of the World War II Memorial Campaign, helping raise
over $197 million to construct the National WWII Memorial, and
as Co-Chair of the Families of Freedom Scholarship Fund,
raising over $120 million for the educational needs of the
families of victims of 9/11.
(13) From 1997-2001, Bob Dole served as chairman of the
International Commission on Missing Persons in the Former
Yugoslavia.
(14) In 2003, Bob Dole established The Robert J. Dole
Institute of Politics at the University of Kansas to encourage
bipartisanship in politics.
(15) Bob Dole is a strong proponent of international
justice and, in 2004, received the Golden Medal of Freedom from
the President of Kosovo for his support of democracy and
freedom in Kosovo.
(16) In 2007, President George W. Bush appointed Bob Dole
to co-chair the President's Commission on Care for America's
Returning Wounded Warriors, which inspected the system of
medical care received by U.S. soldiers returning from Iraq and
Afghanistan.
(17) Bob Dole was the co-creator of the McGovern-Dole
International Food for Education and Child Nutrition Program,
helping combat child hunger and poverty. In 2008, he was co-
awarded the World Food Prize for his work with this
organization.
(18) Bob Dole is co-founder of the Bipartisan Policy Center
which works to develop policies suitable for bipartisan
support.
(19) Bob Dole is a strong advocate for veterans, having
volunteered on a weekly basis for more than a decade on behalf
of the Honor Flight Network.
(20) Bob Dole serves as Finance Chairman of the Campaign
for the National Eisenhower Memorial, leading the private
fundraising effort to memorialize President Dwight D.
Eisenhower in Washington, DC.
(21) Bob Dole was acknowledged by many organizations for
his achievements both inside and outside of politics, including
being awarded the ``U.S. Senator John Heinz Award for
Outstanding Public Service By An Elected Official'', the Gold
Good Citizenship Award, the American Patriot Award, the
Survivor's Gratitude Award, the U.S. Association of Former
Member of Congress Distinguished Service Award, a Distinguished
Service Medal, the French Legion of Honor medal, the Horatio
Alger Award, the U.S. Defense Department's Distinguished Public
Service Award, the National Collegiate Athletic Association's
Teddy Roosevelt Award, the Albert Schweitzer Medal ``for
outstanding contributions to animal welfare'', the 2004
Sylvanus Thayer Award, and honorary degrees from the University
of Kansas, Fort Hays State University, and the University of
New Hampshire School of Law.
(22) Throughout his life-long service to our country, Bob
Dole has embodied the American spirit of leadership and
determination, and serves as one of the most prolific role
models both in and outside of politics.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a gold medal of
appropriate design to Bob Dole, in recognition for his service to the
nation as a soldier, legislator, and statesman.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Bob Dole Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman. | {"src": "billsum_train", "title": "Bob Dole Congressional Gold Medal Act"} | 1,685 | 66 | 0.525058 | 1.592069 | 0.464273 | 5.618182 | 28.818182 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2013''.
SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS.
(a) Conditions for Compelled Disclosure.--In any matter arising
under Federal law, a Federal entity may not compel a covered person to
provide testimony or produce any document related to information
obtained or created by such covered person as part of engaging in
journalism, unless a court determines by a preponderance of the
evidence, after providing notice and an opportunity to be heard to such
covered person--
(1) that the party seeking to compel production of such
testimony or document has exhausted all reasonable alternative
sources (other than the covered person) of the testimony or
document;
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
the covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
critical to the investigation or prosecution or
to the defense against the prosecution; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than the covered person, the testimony or
document sought is critical to the successful
completion of the matter;
(3) in the case that the testimony or document sought could
reveal the identity of a source of information or include any
information that could reasonably be expected to lead to the
discovery of the identity of such a source, that--
(A) disclosure of the identity of such a source is
necessary to prevent an act of terrorism against the
United States or its allies or other significant and
specified harm to national security with the objective
to prevent such harm;
(B) disclosure of the identity of such a source is
necessary to prevent imminent death or significant
bodily harm with the objective to prevent such death or
harm, respectively; or
(C) disclosure of the identity of such a source is
necessary to identify a person who has disclosed--
(i) a trade secret, actionable under
section 1831 or 1832 of title 18, United States
Code;
(ii) individually identifiable health
information, as such term is defined in section
1171(6) of the Social Security Act (42 U.S.C.
1320d(6)), actionable under Federal law; or
(iii) nonpublic personal information, as
such term is defined in section 509(4) of the
Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of
any consumer actionable under Federal law; and
(4) that the public interest in compelling disclosure of
the information or document involved outweighs the public
interest in gathering or disseminating news or information.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall--
(1) not be overbroad, unreasonable, or oppressive and, as
appropriate, be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered so as to avoid compelling production of
peripheral, nonessential, or speculative information.
(c) Rule of Construction.--Nothing in this Act shall be construed
as applying to civil defamation, slander, or libel claims or defenses
under State law, regardless of whether or not such claims or defenses,
respectively, are raised in a State or Federal court.
SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS.
(a) Conditions for Compelled Disclosure.--With respect to testimony
or any document consisting of any record, information, or other
communication that relates to a business transaction between a
communications service provider and a covered person, section 2 shall
apply to such testimony or document if sought from the communications
service provider in the same manner that such section applies to any
testimony or document sought from a covered person.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the communications service
provider not later than the time at which such subpoena or
request is issued to the communications service provider; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court involved determines by clear
and convincing evidence that such notice would pose a substantial
threat to the integrity of a criminal investigation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Communications service provider.--The term
``communications service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in sections 3 and 230 of the
Communications Act of 1934 (47 U.S.C. 153, 230)).
(2) Covered person.--The term ``covered person'' means a
person who, for financial gain or livelihood, is engaged in
journalism and includes a supervisor, employer, parent,
subsidiary, or affiliate of such covered person. Such term
shall not include--
(A) any person who is a foreign power or an agent
of a foreign power, as such terms are defined in
section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801); or
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or issue other compulsory process.
(5) Journalism.--The term ``journalism'' means the
gathering, preparing, collecting, photographing, recording,
writing, editing, reporting, or publishing of news or
information that concerns local, national, or international
events or other matters of public interest for dissemination to
the public. | Free Flow of Information Act of 2013 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Defines "covered person" as a person who, for financial gain or livelihood, is engaged in journalism, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain designated foreign terrorist organizations. Defines "journalism" as the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Prohibits this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. | {"src": "billsum_train", "title": "Free Flow of Information Act of 2013"} | 1,510 | 491 | 0.648376 | 2.192931 | 0.861641 | 4.943765 | 3.347188 | 0.904645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Ozone Regulation Act''.
SEC. 2. EXCLUSIVE APPLICATION OF 8-HOUR NAAQS TO COVERED EXTREME OZONE
NONATTAINMENT AREAS.
(a) In General.--Notwithstanding section 172(e) of the Clean Air
Act (42 U.S.C. 7502(e)), any covered extreme ozone nonattainment area
shall not be subject to any control (as defined in section 4(2))
pursuant to the 1-hour national primary ambient air quality standard
for ozone.
(b) Retroactive Applicability.--Subsection (a) applies as of the
effective date of the classification of the area involved as extreme
pursuant to the 8-hour national primary ambient air quality standard
for ozone promulgated on July 18, 1997 (62 Fed. Reg. 38856).
SEC. 3. POSTPONEMENT OF FUTURE OZONE STANDARDS FOR COVERED EXTREME
OZONE NONATTAINMENT AREAS.
(a) Postponement of Standard.--With respect to any covered extreme
ozone nonattainment area--
(1) the Administrator may take such steps as are necessary
to classify the area pursuant to any rule setting the level of
the 8-hour national primary ambient air quality standard for
ozone below 0.08 parts per million; and
(2) until the date that is 6 months after a report on the
feasability of compliance in the area with the rule described
in paragraph (1) is submitted to the Congress and the
Administrator under subsection (b)(4)--
(A) the rule described in paragraph (1) shall not
otherwise apply; and
(B) the 8-hour national primary ambient air quality
standard for ozone in effect as of January 1, 2011,
shall continue to apply.
(b) Local Advisory Committees.--
(1) Establishment and applicability.--Subsection (a)
applies with respect to a covered extreme ozone nonattainment
area only if the governing board of the responsible local air
agency agrees to establish, in accordance with this subsection,
a local advisory committee to study the feasibility of
compliance in such area with a rule described in subsection
(a)(1).
(2) Members.--Each local advisory committee under this
subsection shall be composed of the following members, to be
appointed by the governing board of the responsible local air
agency:
(A) A representative of the governing board of the
responsible local air agency.
(B) A local representative of the energy industry.
(C) A local representative of the agriculture
industry.
(D) A local representative of the manufacturing and
processing industry.
(E) A local representative of the transportation
industry.
(F) A local representative of local government.
(G) A local representative of the health care
industry.
(H) A local environmental justice representative.
(3) Study.--
(A) Feasibility of compliance with rule.--Each
local advisory committee under this subsection shall
conduct a study on the feasability of compliance in the
applicable covered extreme ozone nonattainment area
with a rule described in subsection (a)(1), taking into
account--
(i) topography of the area;
(ii) weather in the area;
(iii) foreign sources of pollution (both
stationary and mobile) that cause ozone
formation in the area;
(iv) pass-through traffic and its impact on
ozone formation in the area;
(v) exceptional events in the area;
(vi) current and future technologies needed
to bring the area into compliance with the
rule; and
(vii) natural ozone background levels in
the area.
(B) Costs of compliance with rule.--Each study
described in subparagraph (A) shall address the
potential adverse employment impacts of, and the costs
of compliance with, a rule described in subsection
(a)(1) for local businesses, agriculture operations,
and residents in the applicable covered extreme ozone
nonattainment area.
(4) Report.--Not later than 5 years after a rule described
in subsection (a)(1) is promulgated as final--
(A) each local advisory committee under this
subsection shall submit to the governing board of the
responsible local air agency a report on the results of
the study by the committee under paragraph (3),
including any findings and recommendations of the
committee; and
(B) such governing board shall immediately submit
such report, without change, to the Congress and the
Administrator.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Control.--The term ``control'' has the meaning given to
such term for purposes of section 172(e) of the Clean Air Act
(42 U.S.C. 7502(e)) and includes any fee or penalty under
section 185 of such Act (42 U.S.C. 7511d)).
(3) Covered extreme ozone nonattainment area.--The term
``covered extreme ozone nonattainment area'' means a
nonattainment area for ozone classified as extreme as of
January 1, 2011, pursuant to the 8-hour national primary
ambient air quality standard for ozone promulgated on July 18,
1997 (62 Fed. Reg. 38856).
(4) Exceptional event.--The term ``exceptional event'' has
the meaning given such term in section 319(b) of the Clean Air
Act (42 U.S.C. 7619(b)).
(5) Responsible local air agency.--The term ``responsible
local air agency'' means the local air district or other local
government agency or authority with responsibility for
enforcing requirements relating to the prevention and
regulation of air pollution for the area involved. | Commonsense [sic] Ozone Regulation Act - Prohibits a nonattainment area for ozone classified as extreme as of January 1, 2011, pursuant to the 8-hour national primary ambient air quality standard for ozone promulgated on July 18, 1997, from being subject to any control pursuant to the 1-hour national primary ambient air quality standard for ozone.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to classify such an area pursuant to any rule setting the level of the 8-hour standard for ozone below 0.08 parts per million. Provides that such rule will not apply, and the 8-hour national primary ambient air quality standard for ozone will continue to apply, until six months after a report on the feasibility of compliance with such rule is submitted to Congress and the Administrator.
Applies such requirements with respect to such areas only if the governing board of the responsible local air agency agrees to establish a local advisory committee to study the feasibility of compliance with such rule. Requires each feasibility study to address the potential adverse employment impacts of, and the cost of compliance with, such rule for local businesses, agriculture operations, and residents in such areas. Requires such committees to report to such boards on the results of such study no later than five years after such rule is promulgated. | {"src": "billsum_train", "title": "To address the application of the national primary ambient air quality standard for ozone with respect to extreme nonattainment areas, and for other purposes."} | 1,305 | 293 | 0.700979 | 2.177103 | 0.737364 | 5.270916 | 4.49004 | 0.912351 |
SECTION 1. LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER
CONTINENTAL SHELF.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Royalty Suspension Provisions.--
``(1) In general.--Subject to paragraphs (2) through (4),
the Secretary shall agree to a request by any lessee to amend
any lease issued as a result of a Central or Western Gulf of
Mexico lease sale held during the period beginning on January
1, 1998, and ending on December 31, 1999, to incorporate price
thresholds applicable to royalty suspension provisions in the
amount of $34.73 per barrel (2005 dollars) for oil and for
natural gas of $4.34 per million Btu (2005 dollars).
``(2) Adjustment.--The oil and natural gas price thresholds
established under paragraph (1) shall be adjusted during any
calendar year after 2005 by the percentage, if any, by which
the implicit price deflator for the gross domestic product as
computed and published by the Department of Commerce changed
during the preceding calendar year.
``(3) New royalty suspension volumes.--After the date of
enactment of this subsection, price thresholds shall apply to
any royalty suspension volumes granted by the Secretary.
``(4) Effective date.--Any amended lease shall impose the
new price thresholds effective beginning October 1, 2006.
``(r) Conservation of Resources Fees.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish, by
regulation, a conservation of resources fee for producing
leases that will apply to new and existing leases which shall
be established at $9 per barrel for oil and $1.25 per million
Btu for gas (2006 dollars).
``(2) Covered areas.--The fee shall only apply to leases
issued with deep water royalty relief for which royalties are
not being paid when prices exceed $34.73 per barrel for oil and
$4.34 per million Btu for natural gas (2005 dollars).
``(3) Effective date.--A fee imposed under this subsection
shall apply to production that occurs on or after October 1,
2006.''.
SEC. 2. COASTAL IMPACT ASSISTANCE PROGRAM.
Section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1356a(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting the
following:
``(A) Fiscal years 2007 through 2010.--The''; and
(B) by adding at the end the following:
``(B) Certain royalty revenues.--Notwithstanding
section 9, of the amount of any royalty revenues
payable to the United States from any lease issued with
deep water royalty relief as the result of a Central or
Western Gulf of Mexico lease sale held during the
period beginning on January 1, 1998, and ending on
December 31, 1999, the Secretary of the Treasury shall
deposit--
``(i) the amount of the royalty revenues in
a special account in the Treasury, to be
available to the Secretary of the Interior,
without further appropriation, for each of
fiscal years 2007 through 2016, for
disbursement to Gulf producing States and
coastal political subdivisions in accordance
with this section, except that the amount made
available under this clause shall not exceed a
total of $5,450,000,000; and
``(ii) any remainder of the royalty
revenues in the general fund of the Treasury,
to be used for deficit reduction.''; and
(2) in paragraph (3)(B)--
(A) in clause (i), by striking ``and'' after the
semicolon at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the amount of qualified outer
Continental Shelf revenues for each of fiscal
years 2011 through 2016 shall be determined
using qualified outer Continental Shelf
revenues received for fiscal year 2010.''.
SEC. 3. SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN.
(a) Buy and Build American.--It is the intention of the Congress
that this Act, among other things, result in a healthy and growing
American industrial, manufacturing, transportation, and service sector
employing the vast talents of America's workforce to assist in the
development of affordable energy from the Outer Continental Shelf.
Moreover, the Congress intends to monitor the deployment of personnel
and material in the Outer Continental Shelf to encourage the
development of American technology and manufacturing to enable United
States workers to benefit from this Act by good jobs and careers, as
well as the establishment of important industrial facilities to support
expanded access to American resources.
(b) Safeguard for Extraordinary Ability.--Section 30(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the
matter preceding paragraph (1) by striking ``regulations which'' and
inserting ``regulations that shall be supplemental and complimentary
with and under no circumstances a substitution for the provisions of
the Constitution and laws of the United States extended to the subsoil
and seabed of the outer Continental Shelf pursuant to section 4(a)(1)
of this Act, except insofar as such laws would otherwise apply to
individuals who have extraordinary ability in the sciences, arts,
education, or business, which has been demonstrated by sustained
national or international acclaim, and that''. | Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel (2005 dollars) for oil and of $4.34 per million Btu (2005 dollars) for natural gas, adjusted for changes in the implicit price deflator.
Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas (2006 dollars). Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel.
Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions.
Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS; and (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources. | {"src": "billsum_train", "title": "To promote the fair production of oil and gas on the Outer Continental Shelf."} | 1,232 | 318 | 0.67145 | 2.197286 | 0.77493 | 6.003484 | 3.954704 | 0.937282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cannabidiol Research Expansion
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``authorized medical research'' means medical
research that is--
(A) a preclinical study or clinical investigation
conducted in accordance with section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i))
or otherwise permitted by the Department of Health and
Human Services to determine the potential medical
benefits of marihuana or cannabidiol as a drug; and
(B) conducted by a covered institution of higher
education, practitioner, or manufacturer that is
appropriately registered under the Controlled
Substances Act (21 U.S.C. 801 et seq.);
(2) the term ``cannabidiol'' means the nonpsychoactive
substance, cannabidiol, as derived from marihuana or the
synthetic formulation;
(3) the terms ``controlled substance'', ``dispense'',
``distribute'', ``manufacture'', ``marihuana'', and
``practitioner'' have the meanings given such terms in section
102 of the Controlled Substances Act (21 U.S.C. 802);
(4) the term ``covered institution of higher education''
means an institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001))
that--
(A)(i) has highest or higher research activity, as
defined by the Carnegie Classification of Institutions
of Higher Education; or
(ii) is an accredited medical school or an
accredited school of osteopathic medicine; and
(B) is appropriately registered under the
Controlled Substances Act (21 U.S.C. 801 et seq.);
(5) the term ``drug'' has the meaning given the term in
section 201(g)(1) of the Federal Food Drug and Cosmetics Act
(21 U.S.C. 321(g)(1));
(6) the term ``registered manufacturer'' means an
individual or entity who is appropriately registered to
manufacture controlled substances under the Controlled
Substances Act (21 U.S.C. 801 et seq.), including an individual
or entity appropriately registered to manufacture controlled
substances as part of research; and
(7) the term ``State'' means any State of the United
States, the District of Columbia, and any territory of the
United States.
SEC. 3. PROCEEDINGS FOR CONTROL, TRANSFER, OR REMOVAL OF CANNABIDIOL.
(a) Scientific and Medical Evaluations.--Not later than 1 year
after the date of enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall each complete the
scientific and medical evaluation described in section 201(b) of the
Controlled Substances Act (21 U.S.C. 811(b)) as to cannabidiol, which
shall take into consideration the factors described in paragraphs (1)
through (8) of subsection (c) of section 201 of that Act (21 U.S.C.
811(c)).
(b) Proceedings To Control, Transfer, or Remove Cannabidiol.--After
taking into consideration the evaluation described in subsection (a),
if the Attorney General determines that the evaluations,
recommendations, and all other relevant data warrant control, transfer,
or removal of cannabidiol, the Attorney General shall initiate
proceedings for control, transfer, or removal under section 201(a) of
the Controlled Substances Act (21 U.S.C. 811(a)).
SEC. 4. RESEARCH PROTOCOLS.
The Attorney General shall amend section 1301.18 of title 21, Code
of Federal Regulations (as in effect on the date of enactment of this
Act), by striking subsections (c) and (d) and inserting the following:
``(c) In the event that the registrant desires to increase the
quantity of a controlled substance used for an approved research
project, he/she shall submit a request to the Registration Unit, Drug
Enforcement Administration, by registered mail, return receipt
requested. See the Table of DEA Mailing Addresses in Sec. 1321.01 of
this chapter for the current mailing address. The request shall contain
the following information: DEA registration number; name of the
controlled substance or substances and the quantity of each authorized
in the approved protocol; and the additional quantity of each desired.
Upon return of the receipt, the registrant shall be authorized to
purchase and use the additional quantity of the controlled substance or
substances specified in the request.
``(d) In the event the registrant desires to conduct research
beyond the variations provided in the registrant's approved protocol
(excluding any increase in the quantity of the controlled substance
requested for his/her research project as outlined in paragraph (c) of
this section), he/she shall submit three copies by registered mail,
with a return receipt requested, of a supplemental protocol in
accordance with paragraph (a) of this section describing the new
research and omitting information in the supplemental protocol which
has been stated in the original protocol. Unless explicitly denied,
supplemental protocols shall be considered approved 30 days after the
date on which the return receipt is returned.''.
SEC. 5. MEDICAL RESEARCH ON CANNABIDIOL.
(a) In General.--Notwithstanding any provision of the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools
and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41,
United States Code, or any other Federal law, an appropriately
registered covered institution of higher education, a practitioner, or
a manufacturer may manufacture, distribute, dispense, or possess
marihuana or cannabidiol if the marihuana or cannabidiol is
manufactured, distributed, dispensed, or possessed, respectively, for
purposes of authorized medical research.
(b) Registration for Research Involving Cannabidiol.--
(1) Initial period.--During the period beginning on the
date of enactment of this Act and ending on the date on which
the Attorney General makes a determination regarding control of
cannabidiol, an individual or entity engaged in authorized
medical research may distribute, dispense, or possess
cannabidiol for purposes of the authorized medical research if
the individual or entity is registered under the Controlled
Substances Act (21 U.S.C. 801 et seq.) to engage in such
activity with a controlled substance in schedule II in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(2) Completion of ongoing research.--If, as a result of the
determination and proceedings described in section 3,
cannabidiol is a controlled substance in schedule I in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), an
individual or entity engaged in authorized medical research may
continue to distribute, dispense, or possess cannabidiol for
purposes of completing the authorized medical research if the
individual or entity--
(A) was engaged in the authorized medical research
in accordance with paragraph (1) on or before the date
on which the proceedings are completed; and
(B) is registered under the Controlled Substances
Act (21 U.S.C. 801 et seq.) to engage in such activity
with a controlled substance in schedule II in section
202(c) of the Controlled Substances Act (21 U.S.C.
812(c)).
(c) Registration for the Commercial Production and Distribution of
Food and Drug Administration Approved Drugs.--The Attorney General
shall register an applicant to manufacture or distribute cannabidiol or
marihuana for the purpose of commercial production of a drug containing
or derived from marihuana that is approved by the Secretary of Health
and Human Services under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), in accordance with the applicable
requirements under subsection (a) or (b) of section 303 of the
Controlled Substances Act (21 U.S.C. 823).
(d) Timely Processing of Registration Applications.--
(1) In general.--Not later than 60 days after the Attorney
General receives an application for registration under the
Controlled Substances Act (21 U.S.C. 801 et seq.) to
manufacture, distribute, dispense, or possess controlled
substances, the Attorney General shall--
(A) grant or deny the application; or
(B) request supplemental information.
(2) Additional information.--Not later than 30 days after
the Attorney General receives supplemental information as
described in paragraph (1)(B) in connection with an application
described in paragraph (1), the Attorney General shall grant or
deny the application.
(e) Information Regarding Denials.--If an application described in
subsection (d)(1) is denied, the Attorney General shall provide a
written explanation of the basis of denial to the applicant.
SEC. 6. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES.
The Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.) is amended--
(1) in section 1002(a) (21 U.S.C. 952(a))--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2)(C), by inserting ``and'' after
``uses,''; and
(C) inserting before the undesignated matter
following paragraph (2)(C) the following:
``(3) such amounts of marihuana or cannabidiol as are--
``(A) approved for authorized medical research (as
such terms are defined in section 2 of the Cannabidiol
Research Expansion Act), or
``(B) necessary for registered manufacturers to
manufacture drugs containing marihuana or cannabidiol
that have been approved for use by the Commissioner of
Food and Drugs under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.),''; and
(2) in section 1007 (21 U.S.C. 957), by amending subsection
(a) to read as follows:
``(a)(1) Except as provided in paragraph (2), no person may--
``(A) import into the customs territory of the United
States from any place outside thereof (but within the United
States), or import into the United States from any place
outside thereof, any controlled substance or list I chemical,
or
``(B) export from the United States any controlled
substance or list I chemical,
unless there is in effect with respect to such person a registration
issued by the Attorney General under section 1008, or unless such
person is exempt from registration under subsection (b).
``(2) Paragraph (1) shall not apply to the import or export
of marihuana or cannabidiol that has been approved for--
``(A) authorized medical research authorized under
section 5 of the Cannabidiol Research Expansion Act; or
``(B) use by registered manufacturers to
manufacture drugs containing marihuana or cannabidiol
that have been approved for use by the Commissioner of
Food and Drugs under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).''.
SEC. 7. SAFE HARBOR.
(a) Definitions.--In this section--
(1) the term ``adult'' means an individual who is not less
than 18 years of age;
(2) the term ``child'' means an individual who is not more
than 17 years of age;
(3) the term ``intractable epilepsy'' means an epileptic
seizure disorder for which standard medical treatment--
(A) does not prevent or significantly ameliorate
recurring, uncontrollable seizures; or
(B) results in harmful side effects; and
(4) the term ``neurologist'' means an allopathic or
osteopathic physician board-certified in neurology in good
standing and licensed in the State in which the physician
practices neurology.
(b) Safe Harbor.--Notwithstanding the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or any other Federal law, it shall not be
unlawful for--
(1) a legal guardian to possess or transport cannabidiol or
any other nonpsychoactive component of marihuana for purposes
of dispensing the cannabidiol or other nonpsychoactive
component to a child of the legal guardian if--
(A) the child has been treated by a neurologist for
intractable epilepsy for not less than 6 months;
(B) the child's neurologist attests that other
treatment options have not resulted in significant
clinical improvement;
(C) the child's neurologist attests that he or she
has discussed the currently known potential harms and
benefits of using cannabidiol or other nonpsychoactive
components of marihuana as a treatment with the child's
legal guardian;
(D) the child's neurologist attests that he or she
will monitor the child for potential adverse reactions;
and
(E) the legal guardian provides documentation for
the requirements under subparagraphs (A), (B), (C), and
(D);
(2) an adult to possess or transport cannabidiol or any
other nonpsychoactive component of marihuana if--
(A) the adult has been treated by a neurologist for
intractable epilepsy for not less than 6 months;
(B) the adult's neurologist attests that other
treatment options have not resulted in significant
clinical improvement;
(C) the adult's neurologist attests that he or she
has discussed the currently known potential harms and
benefits of using cannabidiol or other nonpsychoactive
components of marihuana as a treatment with the adult;
(D) the adult's neurologist attests that he or she
will monitor the adult for potential adverse reactions;
and
(E) the adult provides documentation for the
requirements under subparagraphs (A), (B), (C), and
(D); or
(3) a State-licensed physician to discuss the currently
known potential harms and benefits of cannabidiol or any other
nonpsychoactive component of marihuana as a treatment with a
patient of the physician, or the legal guardian of the patient
if the patient is a child.
(c) Sunset.--This section shall cease to have force or effect on
the date that is 4 years after the date of enactment of this Act.
SEC. 8. FEDERAL RESEARCH.
The Secretary of Health and Human Services, either directly or
through awarding grants, contracts, or cooperative agreements to
covered institutions of higher education, medical or osteopathic
schools, or practitioners, or a consortia of covered institutions of
higher education, medical or osteopathic schools, or practitioners,
shall expand, intensify, and coordinate the activities of the National
Institutes of Health with respect to research on cannabidiol and other
nonpsychoactive components of marihuana to better determine their
potential therapeutic effects on serious medical conditions, including
intractable epilepsy. | Cannabidiol Research Expansion Act This bill requires the Drug Enforcement Administration (DEA) and the Department of Health and Human Services to each evaluate whether cannabidiol, the nonpsychoactive substance derived from marijuana or the synthetic formulation, should be a controlled substance under the Controlled Substances Act. After taking into consideration the evaluations, the DEA must initiate proceedings for classifying cannabidiol as a controlled substance if control is warranted. The bill expands the authority for: (1) conducting medical research on cannabidiol and other nonpsychoactive components of marijuana, and (2) possessing or transporting cannabidiol or any other nonpsychoactive component of marijuana for certain medicinal purposes. The Department of Justice shall register an applicant to manufacture or distribute cannabidiol or marijuana for the purpose of commercial production if approved by HHS. Physicians who are licensed under state law may discuss the potential harms and benefits of cannabidiol or those components of marijuana as a treatment with their patients or the legal guardians of underage patients. The bill terminates four years after enactment. | {"src": "billsum_train", "title": "Cannabidiol Research Expansion Act"} | 3,609 | 254 | 0.506992 | 1.290105 | 0.691242 | 2.72043 | 15.876344 | 0.827957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and Medicare is no longer a fair and equitable benefit
as compared to benefits for other retired Federal employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young men
and women make a career of any military service.
(7) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal Employees
Health Benefits program for members who entered active duty on
or prior to June 7, 1956, and who subsequently earned
retirement.
(8) The United States should reestablish adequate health
care for all retired members of the uniformed services that is
at least equivalent to that provided to other retired Federal
employees by extending to such retired members of the uniformed
services the option of coverage under the Federal Employees
Health Benefits program, the Civilian Health and Medical
Program of the uniformed services, or the TRICARE Program.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--Chapter
89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(h) For purposes of this section, the term `employee' includes a
retired member of the uniformed services (as defined in section
101(a)(5) of title 10) who began service before June 7, 1956. A
surviving widow or widower of such a retired member may also enroll in
an approved health benefits plan described by section 8903 or 8903a of
this title as an individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2) through (5)'';
and
(B) by adding at the end the following new
paragraph:
``(5) In the case of an employee described in section 8905(h) or
the surviving widow or widower of such an employee, the Government
contribution for health benefits shall be 100 percent, payable by the
department from which the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1) Section 1108
of title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under chapter
89 of title 5 is not eligible to enroll in a Federal Employees Health
Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take effect on
January 1, 2001.
SEC. 4. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF
THE UNIFORMED SERVICES.
Section 1086 of title 10, United States Code, is amended--
(1) in subsection (c), by striking ``Except as provided in
subsection (d), the'', and inserting ``The'';
(2) by striking subsection (d); and
(3) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively. | Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member of such member.
Repeals a provision prohibiting coverage under the Civilian Health and Medical Program of the Uniformed Services for persons entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Act. | {"src": "billsum_train", "title": "Keep Our Promise to America's Military Retirees Act"} | 1,917 | 172 | 0.490995 | 1.392293 | 0.673141 | 2.836601 | 11.575163 | 0.875817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Primary Care for
Women & Children Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Medicaid plays a key role in providing coverage for
millions of working families.
(2) Medicaid enrollees include families, pregnant women,
children, individuals with disabilities, and other low-income
individuals. Without Medicaid coverage, many enrollees would be
uninsured or lack coverage for services they need.
(3) In 2014, the Medicaid program covered 69,000,000
individuals, or 1 in every 5 Americans. This number will
continue to grow, particularly since the Affordable Care Act
significantly expanded eligibility to millions of uninsured
adults.
(4) If all States expand their Medicaid programs, an
estimated 7,000,000 women ages 18 to 64 would gain coverage
under Medicaid.
(5) In 47 States and in the District of Columbia, Medicaid
pays up to 67 percent less than Medicare for the same primary
care services.
(6) Congress has recognized that low provider participation
in Medicaid decreases access to health care. To address this
problem, Congress acted to increase Medicaid payments for
certain primary care services to be not less than the Medicare
payment rates for 2013 and 2014.
(7) As more Americans become insured and empowered
participants in their own health care, demand for primary care
services is expected to increase over the next few years.
(8) According to a study published earlier this year in the
New England Journal of Medicine, higher Medicaid payment rates
have significantly increased appointment availability for
Medicaid enrollees.
(9) Six in 10 women ages 18 to 44 (58 percent) report they
see an obstetrics and gynecology (OB/GYN) physician on a
regular basis. They are more likely to see their OB/GYN
physician on a regular basis than any other type of provider.
Given that women comprise the majority of Medicaid enrollees,
it is critical that primary care providers, including OB/GYN
physicians, receive sufficient reimbursement to participate in
Medicaid.
(10) Nurse practitioners and other health professionals
deliver many primary care services. Applying Medicare's rates
for nurse practitioners and other health professionals
encourages greater participation in Medicaid, thereby
increasing access to primary care, particularly in underserved
areas.
(11) The enhanced Medicaid reimbursement rate ensures
providers have the financial capability to serve their
patients' primary care needs. Furthermore, adding nurse
practitioners, physician assistants, certified nurse-midwives,
and OB/GYN physicians serving in primary care settings
increases access to critical health care services for women and
children nationwide.
SEC. 3. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO
PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND
INCLUSION OF ADDITIONAL PROVIDERS.
(a) Renewal of Payment Floor; Additional Providers.--
(1) In general.--Section 1902(a)(13) of the Social Security
Act (42 U.S.C. 1396a(a)(13)) is amended by striking
subparagraph (C) and inserting the following:
``(C) payment for primary care services (as defined
in subsection (jj)) at a rate that is not less than 100
percent of the payment rate that applies to such
services and physician under part B of title XVIII (or,
if greater, the payment rate that would be applicable
under such part if the conversion factor under section
1848(d) for the year involved were the conversion
factor under such section for 2009), and that is not
less than the rate that would otherwise apply to such
services under this title if the rate were determined
without regard to this subparagraph, and that are--
``(i) furnished in 2013 and 2014, by a
physician with a primary specialty designation
of family medicine, general internal medicine,
or pediatric medicine; or
``(ii) furnished in the 2-year period that
begins on the first day of the first month that
begins after the date of enactment of the
Ensuring Access to Primary Care for Women &
Children Act--
``(I) by a physician with a primary
specialty designation of family
medicine, general internal medicine, or
pediatric medicine, but only if the
physician self-attests that the
physician is Board certified in family
medicine, general internal medicine, or
pediatric medicine;
``(II) by a physician with a
primary specialty designation of
obstetrics and gynecology, but only if
the physician self-attests that the
physician is Board certified in
obstetrics and gynecology;
``(III) by an advanced practice
clinician, as defined by the Secretary,
that works under the supervision of--
``(aa) a physician that
satisfies the criteria
specified in subclause (I) or
(II); or
``(bb) a nurse practitioner
or a physician assistant (as
such terms are defined in
section 1861(aa)(5)(A)) who is
working in accordance with
State law, or a certified
nurse-midwife (as defined in
section 1861(gg)) who is
working in accordance with
State law;
``(IV) by a rural health clinic,
Federally qualified health center, or
other health clinic that receives
reimbursement on a fee schedule
applicable to a physician, a nurse
practitioner or a physician assistant
(as such terms are defined in section
1861(aa)(5)(A)) who is working in
accordance with State law, or a
certified nurse-midwife (as defined in
section 1861(gg)) who is working in
accordance with State law, for services
furnished by a physician, nurse
practitioner, physician assistant, or
certified nurse-midwife, or services
furnished by an advanced practice
clinician supervised by a physician
described in subclause (I)(aa) or
(II)(aa), another advanced practice
clinician, or a certified nurse-
midwife; or
``(V) by a nurse practitioner or a
physician assistant (as such terms are
defined in section 1861(aa)(5)(A)) who
is working in accordance with State
law, or a certified nurse-midwife (as
defined in section 1861(gg)) who is
working in accordance with State law,
in accordance with procedures that
ensure that the portion of the payment
for such services that the nurse
practitioner, physician assistant, or
certified nurse-midwife is paid is not
less than the amount that the nurse
practitioner, physician assistant, or
certified nurse-midwife would be paid
if the services were provided under
part B of title XVIII;''.
(2) Conforming amendments.--Section 1905(dd) of the Social
Security Act (42 U.S.C. 1396d(dd)) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by inserting ``or furnished during an
additional period specified in paragraph (2),'' after
``2015,''; and
(C) by adding at the end the following:
``(2) Additional periods.--For purposes of paragraph (1),
the following are additional periods:
``(A) The 2-year period that begins on the first
day of the first month that begins after the date of
enactment of the Ensuring Access to Primary Care for
Women & Children Act.''.
(b) Improved Targeting of Primary Care.--Section 1902(jj) of the
Social Security Act (42 U.S.C. 1396a(jj)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and realigning the left
margins accordingly;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of''; and
(3) by adding at the end the following:
``(2) Exclusions.--Such term does not include any services
described in subparagraph (A) or (B) of paragraph (1) if such
services are provided in an emergency department of a
hospital.''.
(c) Ensuring Payment by Managed Care Entities.--
(1) In general.--Section 1903(m)(2)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' after the
semicolon;
(B) by realigning the left margin of clause (xiii)
so as to align with the left margin of clause (xii) and
by striking the period at the end of clause (xiii) and
inserting ``; and''; and
(C) by inserting after clause (xiii) the following:
``(xiv) such contract provides that (I) payments to
providers specified in section 1902(a)(13)(C) for primary care
services defined in section 1902(jj) that are furnished during
a year or period specified in section 1902(a)(13)(C) and
section 1905(dd) are at least equal to the amounts set forth
and required by the Secretary by regulation, (II) the entity
shall, upon request, provide documentation to the State,
sufficient to enable the State and the Secretary to ensure
compliance with subclause (I), and (III) the Secretary shall
deem payments described in subclause (I) that are furnished
through an agreed upon capitation, partial capitation, or other
value-based payment arrangement to comply with subclause (I) if
the capitation, partial capitation, or other value-based
payment arrangement is based on a reasonable methodology and
the entity provides documentation of the methodology to the
Secretary.''.
(2) Conforming amendment.--Section 1932(f) of the Social
Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting
``and clause (xiv) of section 1903(m)(2)(A)'' before the
period.
SEC. 4. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES.
(a) GAO Study.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that examines the use of alternative payment
models in State Medicaid programs and identifies opportunities for
disseminating successful payment models among such programs.
(b) Funding the Development of Quality Measures.--The first
sentence of section 1139B(e) of the Social Security Act (42 U.S.C.
1320b-9b(e)) is amended by inserting ``, and for fiscal year 2016,
$15,000,000,'' before ``for the purpose''.
(c) Developing Quality Measures for Beneficiaries With
Disabilities.--Section 1139B(b)(5) of the Social Security Act (42
U.S.C. 1320b-9b(b)(5)) is amended by adding at the end the following:
``(C) Quality measures specific to adult
individuals with disabilities.--The Secretary, acting
through the Administrator for the Centers for Medicare
& Medicaid Services and the Director of the Agency for
Healthcare Research and Quality, shall develop adult
health quality measures that are specific to adult
individuals with disabilities and shall include those
measures in the Medicaid Quality Measurement Program.
In developing such measures, priority shall be given to
developing quality measures that assess the impact on
adult individuals with disabilities of existing
programs and to the development of quality measures
that assess the impact of new service delivery
innovations on such individuals.''. | Ensuring Access to Primary Care for Women & Children Act Amends title XIX (Medicaid) of the Social Security Act (SSAct) to require that the primary care services furnished in the two years after enactment of this Act by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine be paid at a rate that is not less than 100% of the payment rate that applies under Medicare part B (Supplementary Medical Insurance), but only if the physician self-attests as being Board certified in those areas. Extends this 100% of Medicare payment floor, subject to certain conditions, to the following providers: (1) physicians with a primary specialty designation of obstetrics and gynecology, and self-attesting they are Board certified; (2) advanced practice clinicians; (3) rural health clinics, federally-qualified health centers, or other specified health clinics; and (4) nurse practitioners, physician assistants, or certified nurse-midwives. Excludes from coverage of primary care services any such services provided in an emergency department of a hospital. Prescribes additional requirements for any contract between a state and a Medicaid managed care organization. Directs the Government Accountability Office to examine the use of alternative payment models in state Medicaid programs and identify opportunities for disseminating successful payment models among them. Amends SSAct title XI to: (1) extend funding for development of adult health quality measures; and (2) direct the Administrator for the Centers for Medicaid and Medicaid Services and the Director of the Agency for Healthcare Research and Quality to develop such measures specific to adult individuals with disabilities and include them in the Medicaid Quality Measurement Program. | {"src": "billsum_train", "title": "Ensuring Access to Primary Care for Women & Children Act"} | 2,627 | 371 | 0.564273 | 1.736286 | 0.675344 | 3.329154 | 7.188088 | 0.877743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Protection Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Bureau of the Census, 8,100,000
children and young adults are uninsured at some point during
the year. Young adults between the ages of 18 and 25 years old
make up 21 percent of the total uninsured population.
(2) According to a recent study, approximately 20 percent
of school-aged children suffer from a chronic illness.
(3) Thirteen States have passed legislation that increased
the age of dependency for young adults for purposes of private
insurance coverage to age 25.
(4) When a child or young adult has a 63-day gap in
insurance coverage, pre-existing condition exclusions, such as
coverage limits or waiting periods, can be applied when the
child or young adult becomes insured under a new health
insurance policy.
(5) Eliminating pre-existing condition exclusions for
children is a vital safeguard to ensure all children have
access to health care when in need.
(6) High-risk pools were created to help individuals with
pre-existing conditions purchase insurance with the assistance
of government subsidies. However, State high-risk pools are
often underfunded, unaffordable for patients, have long waiting
lists and impose pre-existing condition waiting periods once
enrolled.
(7) Pre-existing condition limitation periods for children
in the private market discourage families from moving off
Medicaid or the Children's Health Insurance Program.
SEC. 3. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS FOR CHILDREN
UNDER GROUP HEALTH PLANS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--Section 701(d) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Exclusion not applicable to children.--A group health
plan, and a health insurance issuer offering group health
insurance coverage, may not impose any pre-existing condition
exclusion in the case of an individual who has not attained 25
years of age.'';
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Amendments to the Public Health Service Act.--Section 2701(d)
of the Public Health Service Act (42 U.S.C. 300gg(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Exclusion not applicable to children.--A group health
plan, and a health insurance issuer offering group health
insurance coverage, may not impose any pre-existing condition
exclusion in the case of an individual who has not attained 25
years of age.'';
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Amendments to the Internal Revenue Code of 1986.--Subsection
(d) of section 9801 of the Internal Revenue Code of 1986 (relating to
exceptions) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Exclusion not applicable to children.--A group health
plan may not impose any pre-existing condition exclusion in the
case of an individual who has not attained 25 years of age.'';
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
group health plans for plan years beginning after the end of
the 12th calendar month following the date of the enactment of
this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(B) the date that is after the end of the 12th
calendar month following the date of enactment of this
Act.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by the amendments made by this section shall not be
treated as a termination of such collective bargaining
agreement.
SEC. 4. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS FOR CHILDREN
IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET.
(a) In General.--Section 2741 of the Public Health Service Act (42
U.S.C. 300gg-41) is amended--
(1) by redesignating the second subsection (e) (relating to
market requirements) and subsection (f) as subsections (f) and
(g), respectively; and
(2) by adding at the end the following new subsection:
``(h) Prohibition of Pre-Existing Condition Exclusions for
Children.--Each health insurance issuer that offers health insurance
coverage in the individual market may not impose any pre-existing
condition exclusion (as defined in section 2701(b)(1)(A)) in the case
of an individual who has not attained 25 years of age.''.
(b) Conforming Amendment.--Section 2744(a)(1) of such Act (42
U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other than subsection
(h))'' after ``section 2741''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market after the end
of the 12th calendar month following the date of the enactment of this
Act. | Children's Health Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from imposing any preexisting condition exclusion for individuals who have not attained 25 years of age.
Applies such requirement to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions for children in group health plans and health insurance coverage in the group and individual markets."} | 1,402 | 78 | 0.509938 | 1.261148 | 0.964592 | 3.522388 | 18.791045 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publically available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--Subject to the discretion of the
Secretary, the Secretary may exclude from the public version of
the Asset Management Report made available under paragraph (4)
any information that the Secretary identifies as sensitive or
classified, but shall make available to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a version of
the report containing the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--The Secretary shall consult with the Secretary
of the Army (acting through the Chief of Engineers) to the extent that
the consultation would assist the Secretary in preparing the Asset
Management Report under subsection (a) and updates to the Asset
Management Report under subsection (c).
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to the condition of, and planned
maintenance for, transferred works that are similar to the reporting
requirements described in section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for reserved works developed under section
4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
SEC. 6. OFFSET.
Notwithstanding any other provision of law, in the case of the
project authorized by section 1617 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the
maximum amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise
available as of the date of enactment of this Act shall be reduced by
$2,000,000.
Passed the Senate December 16, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1800
_______________________________________________________________________
AN ACT
To require the Secretary of the Interior to submit to Congress a report
on the efforts of the Bureau of Reclamation to manage its
infrastructure assets. | Bureau of Reclamation Transparency Act - Directs the Secretary of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to: (1) maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau); and (2) standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Requires such Report to include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Directs the Secretary to: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding the condition of, and planned maintenance for, transferred works; and (2) develop and implement a categorical rating system for transferred works. Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $2 million. | {"src": "billsum_train", "title": "Bureau of Reclamation Transparency Act"} | 1,901 | 371 | 0.58662 | 1.833143 | 0.719576 | 4.560976 | 5.384146 | 0.957317 |
SECTION 1. EXPANDING ACCESS TO HOME DIALYSIS THERAPY.
(a) Allowing Use of Telehealth for Monthly End Stage Renal Disease-
Related Visits.--
(1) In general.--Paragraph (3) of section 1881(b) of the
Social Security Act (42 U.S.C. 1395rr(b)) is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in clause (ii), as redesignated by subparagraph
(A)--
(i) by inserting ``subject to subparagraph
(B),'' before ``on a comprehensive''; and
(ii) by striking ``under this
subparagraph'' and inserting ``under this
clause'';
(C) by striking ``With respect to'' and inserting
``(A) With respect to''; and
(D) by adding at the end the following new
subparagraph:
``(B)(i) Subject to clause (ii), an individual who is determined to
have end stage renal disease and who is receiving home dialysis may
choose to receive monthly end stage renal disease-related visits,
furnished on or after January 1, 2019, via telehealth.
``(ii) Clause (i) shall apply to an individual only if the
individual receives a face-to-face visit, without the use of
telehealth--
``(I) in the case of the initial three months of home
dialysis of such individual, at least monthly; and
``(II) after such initial three months, at least once every
three consecutive months.''.
(2) Conforming amendment.--Paragraph (1) of such section is
amended by striking ``paragraph (3)(A)'' and inserting
``paragraph (3)(A)(i)''.
(b) Expanding Originating Sites for Telehealth To Include Renal
Dialysis Facilities and the Home for Purposes of Monthly End Stage
Renal Disease-Related Visits.--
(1) In general.--Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended--
(A) in paragraph (4)(C)(ii), by adding at the end
the following new subclauses:
``(IX) A renal dialysis facility,
but only for purposes of section
1881(b)(3)(B).
``(X) The home of an individual,
but only for purposes of section
1881(b)(3)(B).''; and
(B) by adding at the end the following new
paragraph:
``(5) Treatment of home dialysis monthly esrd-related
visit.--The geographic requirements described in paragraph
(4)(C)(i) shall not apply with respect to telehealth services
furnished on or after January 1, 2019, for purposes of section
1881(b)(3)(B), at an originating site described in subclause
(VI), (IX), or (X) of paragraph (4)(C)(ii)).''.
(2) No facility fee if originating site for home dialysis
therapy is the home.--Section 1834(m)(2)(B) of the Social
Security (42 U.S.C. 1395m(m)(2)(B)) is amended--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and by indenting
each of such subclauses 2 ems to the right;
(B) in subclause (II), as redesignated by
subparagraph (A), by striking ``clause (i) or this
clause'' and inserting ``subclause (I) or this
subclause'';
(C) by striking ``site.--With respect to'' and
inserting ``site.--
``(i) In general.--Subject to clause (ii),
with respect to''; and
(D) by adding at the end the following new clause:
``(ii) No facility fee if originating site
for home dialysis therapy is the home.--No
facility fee shall be paid under this
subparagraph to an originating site described
in subclause (X) of paragraph (4)(C)(ii).''.
(c) Clarification Regarding Telehealth Provided to Beneficiaries.--
Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--
(1) in subparagraph (H), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(J) the provision of telehealth on or after
January 1, 2019, to individuals with end stage renal
disease under title XVIII by a health care provider for
the purpose of furnishing of telehealth.''.
(d) Study and Report on Further Expansion.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to examine the benefits and drawbacks of
expanding the coverage under the Medicare program under title
XVIII of the Social Security Act of renal dialysis services as
telehealth services, pursuant to the amendments made by this
section, to include coverage of renal dialysis services
furnished via telehealth and other store-and-forward
technologies.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study conducted under
paragraph (1). | This bill amends title XVIII (Medicare) of the Social Security Act to allow a Medicare beneficiary who has end-stage renal disease (ESRD) and is receiving home dialysis to receive monthly ESRD-related visits via telehealth, provided that the beneficiary also receives face-to-face visits periodically. Specified facility fees and geographic requirements shall not apply with respect to the provision of such services via telehealth. The Government Accountability Office must study and report to Congress on the further expansion of Medicare coverage of renal dialysis services furnished via telehealth. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to expand access to home dialysis therapy."} | 1,327 | 140 | 0.574781 | 1.514187 | 0.473514 | 2.44 | 10.77 | 0.82 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill Emerson English Language
Empowerment Act of 1996''.
TITLE I--ENGLISH LANGUAGE EMPOWERMENT
SEC. 101. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals and
groups from diverse ethnic, cultural, and linguistic
backgrounds.
(2) The United States has benefited and continutes to
benefit from this rich diversity.
(3) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been a
common language.
(4) In order to preserve unity in diversity, and to prevent
division along linguistic lines, the Federal Government should
maintain a language common to all people.
(5) English has historically been the common language and
the language of opportunity in the United States.
(6) The purpose of this title is to help immigrants better
assimilate and take full advantage of economic and occupational
opportunities in the United States.
(7) By learning the English language, immigrants will be
empowered with the language skills and literacy necessary to
become responsible citizens and productive workers in the
United States.
(8) The use of a single common language in conducting
official businesss of the Federal Government will promote
efficiency and fairness to all people.
(9) English should be recognized in law as the language of
official business of the Federal Government.
(10) Any monetary savings derived from the enactment of
this title should be used for the teaching of the English
language to non-English speaking immigrants.
SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT
``Sec.
``161. Declaration of official language of Federal Government
``162. Preserving and enhancing the role of the official language
``163. Official Federal Government activities in English
``164. Standing
``165. Reform of naturalization requirements
``166. Application
``167. Rule of construction
``168. Affirmation of constitutional protections
``169. Definitions
``Sec. 161. Declaration of official language of Federal Government
``The official language of the Federal Government is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official Federal Government activities in English
``(a) Conduct of Business.--Representatives of the Federal
Government shall conduct its official business in English.
``(b) Denial of Services.--No person shall be denied services,
assistance, or facilities, directly or indirectly provided by the
Federal Government solely because the person communicates in English.
``(c) Entitlement.--Every person in the United States is entitled--
``(1) to communicate with representatives of the Federal
Government in English;
``(2) to receive information from or contribute information
to the Federal Government in English; and
``(3) to be informed of or be subject to official orders in
English.
``Sec. 164. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.
``Sec. 165. Reform of naturalization requirements
``(a) Fluency.--It has been the longstanding national belief that
full citizenship in the United States requires fluency in English.
English is the language of opportunity for all immigrants to take their
rightful place in society in the United States.
``(b) Ceremonies.--All authorized officials shall conduct all
naturalization ceremonies entirely in English.
``Sec. 166. Application
``Except as otherwise provided in this chapter, the provisions of
this chapter shall supersede any existing Federal law that contravenes
such provisions (such as by requiring the use of a language other than
English for official business of the Federal Government).
``Sec. 167. Rule of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or an employee or
official of the Federal Government, while performing official
business, from communicating orally with another person in a
language other than English;
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to discriminate against or restrict the rights of any
individual in the country; and
``(4) to discourage or prevent the use of languages other
than English in any nonofficial capacity.
``Sec. 168. Affirmation of constitutional protections
``Nothing in this chapter shall be construed to be inconsistent
with the Constitution of the United States.
``Sec. 169. Definitions
``For purposes of this chapter:
``(1) Federal government.--The term `Federal Government'
means all branches of the national Government and all employees
and officials of the national Government while performing
official business.
``(2) Official business.--The term `official business'
means governmental actions, documents, or policies which are
enforceable with the full weight and authority of the Federal
Government, and includes publications, income tax forms, and
informational materials, but does not include--
``(A) teaching of languages;
``(B) requirements under the Individuals with
Disabilities Education Act;
``(C) actions, documents, or policies necessary
for--
``(i) national security issues; or
``(ii) international relations, trade, or
commerce;
``(D) actions or documents that protect the public
health and safety;
``(E) actions or documents that facilitate the
activities of the Bureau of the Census in compiling any
census of population;
``(F) actions, documents, or policies that are not
enforceable in the United States;
``(G) actions that protect the rights of victims of
crimes or criminal defendants;
``(H) actions in which the United States has
initiated a civil lawsuit; or
``(I) using terms of art or phrases from languages
other than English.
``(3) United states.--The term `United States' means the
several States and the District of Columbia.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Federal Government..................... 161''.
SEC. 103. PREEMPTION.
This title (and the amendments made by this title) shall not
preempt any law of any State.
SEC. 104. EFFECTIVE DATE.
The amendments made by section 102 shall take effect on the date
that is 180 days after the date of enactment of this Act.
TITLE II--REPEAL OF BILINGUAL VOTING REQUIREMENTS
SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS
(a) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(b) Voting Rights.--Section 4 of the Voting Rights Act of 1965 (42
U.S.C. 1973b) is amended by striking subsection (f).
SEC. 202. CONFORMING AMENDMENTS.
(a) References to Section 203.--The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.) is amended--
(1) in section 204, by striking ``or 203,''; and
(2) in section 205, by striking ``, 202, or 203'' and
inserting ``or 202''.
(b) References to Section 4.--The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.) is amended--
(1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13,
by striking ``, or in contravention of the guarantees set forth
in section 4(f)(2)'';
(2) in paragraphs (1)(A) and (3) of section 4(a), by
striking ``or (in the case of a State or subdivision seeking a
declaratory judgment under the second sentence of this
subsection) in contravention of the guarantees of subsection
(f)(2)'';
(3) in paragraph (1)(B) of section 4(a), by striking ``or
(in the case of a State or subdivision seeking a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''; and
(4) in paragraph (5) of section 4(a), by striking ``or (in
the case of a State or subdivision which sought a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''.
Passed the House of Representatives August 1, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
Linda Nave,
Deputy Clerk. | TABLE OF CONTENTS: Title I: English Language Empowerment Title II: Repeal of Bilingual Voting Requirements Bill Emerson English Language Empowerment Act of 1996 - Title I: English Language Empowerment - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this title be construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act. Title II: Repeal of Bilingual Voting Requirements - Amends the Voting Rights Act of 1965 to repeal bilingual voting requirement provisions. | {"src": "billsum_train", "title": "Bill Emerson English Language Empowerment Act of 1996"} | 2,151 | 225 | 0.553449 | 1.614437 | 0.878221 | 3.685393 | 11.033708 | 0.876404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment for Quality and
Value Act of 2003''.
SEC. 2. DEMONSTRATION PROJECTS TO IMPROVE HEALTH CARE QUALITY AND
REDUCE COSTS UNDER MEDICARE.
(a) Definitions.--In this section:
(1) Demonstration project.--The term ``demonstration
project'' means a demonstration project established by the
Secretary under subsection (b)(1).
(2) Low-cost high-quality state.--The term ``low-cost high-
quality State'' means a State in the top quartile of cost and
quality efficiency as measured by the Centers for Medicare &
Medicaid Services using 1999 program data.
(3) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual who is entitled to (or
enrolled for) benefits under part A of the medicare program,
enrolled for benefits under part B of the medicare program, or
both (including an individual who is enrolled in a
Medicare+Choice plan under part C of the medicare program).
(4) Medicare program.--The term ``medicare program'' means
the health benefits program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Demonstration Projects To Improve Health Care Quality and
Reduce Costs Under Medicare.--
(1) Establishment.--There is established a demonstration
program under which the Secretary shall establish demonstration
projects in accordance with the provisions of this section for
the purpose of improving the quality of care--
(A) provided to medicare beneficiaries with high-
volume and high-cost conditions; and
(B) for which payment is made under the medicare
program.
(2) Rewarding quality care.--Under the demonstration
projects, the Secretary shall increase payments under the
medicare program by an amount determined by the Secretary for
purposes of the demonstration projects to health care providers
(as defined by the Secretary) in low-cost high-quality States
that demonstrate adherence to quality standards identified by
the Secretary for purposes of the demonstration projects.
(c) Conduct of Demonstration Projects.--
(1) Demonstration areas.--
(A) In general.--The Secretary shall conduct
demonstration projects in low-cost high-quality States
selected on the basis of proposals submitted under
subparagraph (B). Each demonstration project shall be
conducted on a statewide basis.
(B) Proposals.--The Secretary shall accept
proposals to establish the demonstration projects from
entities that demonstrate an intent to include multiple
public and private payers and a majority of practicing
physicians in a low-cost high-quality State.
(2) Duration.--The Secretary shall complete the
demonstration projects by the date that is 5 years after the
date on which the first demonstration project is implemented.
(d) Report to Congress.--Not later than the date that is 6 months
after the date on which the demonstration projects end, the Secretary
shall submit to Congress a report on the demonstration projects
together with such recommendations for legislation or administrative
action as the Secretary determines is appropriate.
(e) Waiver of Medicare Requirements.--The Secretary shall waive
compliance with such requirements of the medicare program to the extent
and for the period the Secretary finds necessary to conduct the
demonstration projects.
(f) Funding.--
(1) Demonstration projects.--
(A) In general.--Subject to subparagraph (B) and
paragraph (2), the Secretary shall provide for the
transfer from the Federal Hospital Insurance Trust Fund
under section 1817 of the Social Security Act (42
U.S.C. 1395i) and Federal Supplementary Insurance Trust
Fund under section 1841 of such Act (42 U.S.C. 1395t),
in such proportion as the Secretary determines
appropriate, of such funds as are necessary for the
costs of carrying out the demonstration projects under
this section.
(B) Limitation.--In conducting the demonstration
projects under this section, the Secretary shall ensure
that the aggregate payments made by the Secretary under
the medicare program do not exceed the amount which the
Secretary would have paid under the medicare program if
the demonstration projects under this section were not
implemented.
(2) Evaluation and report.--There are authorized to be
appropriated such sums as are necessary for the purpose of
developing and submitting the report to Congress under
subsection (d).
SEC. 3. INSTITUTE OF MEDICINE REPORT ON PAYMENT INCENTIVES AND
PERFORMANCE UNDER THE MEDICARE+CHOICE PROGRAM.
(a) Study.--The Secretary of Health and Human Services shall enter
into an arrangement with the Institute of Medicine of the National
Academy of Sciences under which the Institute shall conduct a study on
clinical outcomes, performance, and quality of care under the
Medicare+Choice program under part C of title XVIII of the Social
Security Act.
(b) Matters Studied.--
(1) In general.--In conducting the study under subsection
(a), the Institute shall review and evaluate the public and
private sector experience related to the establishment of
performance measures and payment incentives. The review shall
include an evaluation of the success, efficiency, and utility
of structural process and performance measurements, and
different methodologies that link performance to payment
incentives. The review shall include the use of incentives--
(A) aimed at plans and their enrollees;
(B) aimed at providers and their patients;
(C) to encourage consumers to purchase based on
quality and value; and
(D) to encourage multiple purchasers, providers,
beneficiaries, and plans within a community to work
together to improve performance.
(2) Identification of options.--As part of the study, the
Institute shall identify options for providing incentives and
rewarding performance, improve quality, outcomes, and
efficiency in the delivery of programs and services under the
Medicare+Choice program, including--
(A) periodic updates of performance measurements to
continue rewarding outstanding performance and
encourage improvements;
(B) payments that vary by type of plan, such as
preferred provider organization plans and MSA plans;
(C) extension of incentives in the Medicare+Choice
program to the fee for service program under title
XVIII of the Social Security Act; and
(D) performance measures needed to implement
alternative methodologies to align payments with
performance.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Institute shall submit to Congress and the
Secretary a report on the study conducted under subsection (a). | Medicare Payment for Quality and Value Act of 2003 - Directs the Secretary of Health and Human Services to establish demonstration projects to improve care provided to Medicare beneficiaries with high-volume and high-cost conditions and for which payment is made under Medicare. Directs the Secretary to increase payments under Medicare to health care providers in low-cost high-quality States that adhere to quality standards identified by the Secretary. Defines a low-cost high-quality State as a State meeting certain cost and quality efficiency standards.Directs the Secretary to accept proposals for projects in low-cost high-quality States from entities planning to include multiple public and private payers and a majority of practicing physicians in the State.Allows the Secretary to waive compliance with such requirements of the Medicare program to the extent and for the period necessary to conduct demonstration projects under this Act.Directs the Secretary to enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute shall conduct a study on clinical outcomes, performance, and quality of care under the Medicare+Choice program under the Social Security Act. | {"src": "billsum_train", "title": "A bill to conduct statewide demonstration projects to improve health care quality and to reduce costs under the medicare program under title XVIII of the Social Security Act and to conduct a study on payment incentives and performance under the Medicare+Choice program under such title."} | 1,451 | 228 | 0.690012 | 1.789286 | 0.912637 | 5.368421 | 6.186603 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interagency Cybersecurity
Cooperation Act''.
SEC. 2. INTERAGENCY COMMUNICATIONS SECURITY COMMITTEE.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Federal Communications Commission shall
establish an advisory committee to be known as the Interagency
Communications Security Committee (in this section referred to as the
``Committee'').
(b) Duties.--The Committee shall--
(1) review each communications security report submitted to
the Committee under subsection (d) or (f);
(2) recommend investigation to relevant agencies into any
such communications security report; and
(3) issue regular reports containing the results of any
such investigation, the Committee's findings following each
communications security incident, and policy recommendations
that may arise from each communications security incident to
the following:
(A) The agencies represented on the Committee.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(D) The Permanent Select Committee on Intelligence
of the House of Representatives.
(E) The Select Committee on Intelligence of the
Senate.
(F) The Armed Services Committee of the House of
Representatives.
(G) The Armed Services Committee of the Senate.
(H) The Committee on Homeland Security of the House
of Representatives.
(I) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(J) The Foreign Affairs Committee of the House of
Representatives.
(K) The Foreign Relations Committee of the Senate.
(c) Membership.--The Committee shall be composed of 8 members, who
shall each possess the appropriate access to classified information
commensurate with the sensitivity of the classified information such
members shall access in the course of service on the Committee. The
members of the Committee shall include only--
(1) one appointee from the Commission, who shall not be a
member of the Commission, to be appointed by the Chair of the
Commission, who shall serve as Chair of the Committee;
(2) one appointee from the Department of Defense, to be
appointed by the Secretary of Defense;
(3) one appointee from the Department of Homeland Security,
to be appointed by the Secretary of Homeland Security;
(4) one appointee from the Department of Justice, to be
appointed by the Attorney General of the United States;
(5) one appointee from the intelligence community, to be
appointed by the Director of National Intelligence;
(6) one appointee from the National Institute of Standards
and Technology, to be appointed by the Director of the National
Institute of Standards and Technology;
(7) one appointee from the National Telecommunications and
Information Administration, to be appointed by the Assistant
Secretary of Commerce for Communications and Information; and
(8) one appointee from the Office of Management and Budget,
to be appointed by the Director of the Office of Management and
Budget.
(d) Public Communications Security Reports.--The Committee shall
consider communications security reports from communications network
providers.
(e) Application of Critical Infrastructure Information
Protections.--For purposes of subtitle B of title II of the Homeland
Security Act of 2002 (6 U.S.C. 131 et seq.)--
(1) communications networks shall be treated as critical
infrastructure and protected systems defined in sections 2(4)
and 212(6), respectively, of the Homeland Security Act of 2002
(6 U.S.C. 101(4); 6 U.S.C. 131(6)); and
(2) with respect to critical infrastructure information
relating to communications networks, the Federal Communications
Commission (in addition to the Department of Homeland Security)
shall be treated as a covered Federal agency defined in section
212(2) of such Act.
(f) Agency Communications Security Reports.--Not less frequently
than every 3 months, the head of each agency shall submit to the
Committee a report of each communications security incident for the
previous 3 months.
(g) Continuation of Committee.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the Committee.
(h) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(2) Communications network.--In this section, the term
``communications network'' means a network for the provision of
wireline or mobile telephone service, Internet access service,
radio or television broadcasting, cable service, direct
broadcast satellite service, or any other communications
service.
(3) Communications security incident.--The term
``communications security incident'' means any compromise,
whether electronic or otherwise, of any telecommunications
system that the agency has reason to believe--
(A) resulted in Government-held or private
information, including passwords and other similar
means of access, being viewed or extracted; or
(B) resulted in the presence of outside programming
on an agency computer or other electronic device.
(4) Communications security report.--The term
``communications security report'' means a description of a
communications security incident or multiple communications
security incidents referred to the Committee. | Interagency Cybersecurity Cooperation Act This bill requires the Federal Communications Commission (FCC) to establish the Interagency Communications Security Committee as an advisory committee to: review communications security reports from federal agencies and communications network providers (wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, direct broadcast satellite service, or other communications services); recommend investigation by relevant agencies into any such report; and issue to Congress regular reports containing the results of any such investigation, the committee's findings following each communications security incident, and policy recommendations that may arise from each communications security incident. Every three months, agencies must submit to the committee a report of each communications security incident compromising a telecommunications system that resulted in: (1) government-held or private information being viewed or extracted, or (2) outside programming on an agency computer or electronic device. The bill requires communications networks to be treated as critical infrastructure and protected systems under the Homeland Security Act of 2002. The FCC is subject to the same requirements as the Department of Homeland Security concerning the protection of critical infrastructure information relating to communications networks that is voluntarily submitted to the FCC. | {"src": "billsum_train", "title": "Interagency Cybersecurity Cooperation Act"} | 1,136 | 242 | 0.690474 | 1.964206 | 0.814739 | 4.022124 | 4.707965 | 0.89823 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Sprinkler Incentive Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the publication of the original study and comprehensive
list of recommendations in America Burning, written in 1974,
requested advances in fire prevention through the installation
of automatic sprinkler systems in existing buildings have yet
to be fully implemented;
(2) fire departments responded to approximately 1,600,000
fires in 2005;
(3) there were 3,675 civilian deaths and 17,925 civilian
injuries resulting from fire in the United States in 2005;
(4) 87 firefighters were killed in 2005;
(5) fire caused $10,672,000,000 in direct property damage
in 2005, and sprinklers are responsible for a 70 percent
reduction in property damage from fires in public assembly,
educational, residential, commercial, industrial and
manufacturing buildings;
(6) fire departments respond to a fire every 20 seconds, a
fire breaks out in a structure every 61 seconds and in a
residential structure every 79 seconds in the United States;
(7) the Station Nightclub in West Warwick, Rhode Island,
did not contain an automated sprinkler system and burned down,
killing 100 people on February 20, 2003;
(8) due to an automated sprinkler system, not a single
person was injured from a fire beginning in the Fine Line Music
Cafe in Minneapolis after the use of pyrotechnics on February
17, 2003;
(9) the National Fire Protection Association has no record
of a fire killing more than 2 people in a completely
sprinklered public assembly, educational, institutional or
residential building where the system was properly installed
and fully operational;
(10) sprinkler systems dramatically improve the chances of
survival of those who cannot save themselves, specifically
older adults, young children and people with disabilities;
(11) the financial cost of upgrading fire counter-measures
in buildings built prior to fire safety codes is prohibitive
for most property owners;
(12) many State and local governments lack any requirements
for existing structures to contain automatic sprinkler systems;
(13) under the present straight-line method of
depreciation, there is a disincentive for building safety
improvements due to an extremely low rate of return on
investment; and
(14) the Nation is in need of incentives for the voluntary
installation and retrofitting of buildings with automated
sprinkler systems to save the lives of countless individuals
and responding firefighters as well as drastically reduce the
costs from property damage.
SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 5-year property) is amended
by striking ``and'' at the end of clause (v), by striking the period at
the end of clause (vi) and inserting ``, and'', and by adding at the
end the following:
``(vii) any automated fire sprinkler system
placed in service after April 11, 2003, in a
building or structure which was placed in
service before such date.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to subparagraph (B)(iii) the
following:
``(B)(vii).................................................. 7''.
(c) Definition of Automatic Fire Sprinkler System.--Subsection (i)
of section 168 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(17) Automated fire sprinkler system.--The term
`automated fire sprinkler system' means those sprinkler systems
classified under one or more of the following publications of
the National Fire Protection Association--
``(A) NFPA 13, Installation of Sprinkler Systems,
``(B) NFPA 13 D, Installation of Sprinkler Systems
in One and Two Family Dwellings and Manufactured Homes,
and
``(C) NFPA 13 R, Installation of Sprinkler Systems
in Residential Occupancies Up to and Including Four
Stories in Height.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after April 11, 2003.
(e) Waiver of Limitations.--If refund or credit of any overpayment
of tax resulting from the amendments made by this section is prevented
at any time before the close of the 1-year period beginning on the date
of the enactment of this Act by the operation of any law or rule of law
(including res judicata), such refund or credit may nevertheless be
made or allowed if claim therefor is filed before the close of such
period. | Fire Sprinkler Incentive Act of 2007 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to classify automatic fire sprinkler systems as 5-year property for purposes of depreciation."} | 1,035 | 52 | 0.48525 | 1.287826 | 0.669377 | 4.8 | 23.925 | 0.85 |
SECTION 1. PRIZE AWARDS.
(a) In General.--The Director of the National Science Foundation
shall carry out a pilot program to award innovation inducement cash
prizes in any area of research supported by the Foundation. The
Director may carry out a program of cash prizes only in conformity with
this section.
(b) Topics.--In identifying topics for prize competitions under
this section, the Director shall--
(1) consult widely both within and outside the Federal
Government;
(2) give priority to high-risk, high-reward research
challenges and to problems whose solution could improve the
economic competitiveness of the United States; and
(3) give consideration to the extent to which the topics
have the potential to raise public awareness about federally
sponsored research.
(c) Types of Contests.--The Director shall consider all categories
of innovation inducement prizes, including--
(1) contests in which the award is to the first team or
individual who accomplishes a stated objective; and
(2) contests in which the winner is the team or individual
who comes closest to achieving an objective within a specified
time.
(d) Advertising and Announcement.--
(1) Advertising and solicitation of competitors.--The
Director shall widely advertise prize competitions to encourage
broad participation, including by individuals, institutions of
higher education, nonprofit organizations, and businesses.
(2) Announcement through federal register notice.--The
Director shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize, including the method by which the prize
winner or winners will be selected.
(3) Time to announcement.--The Director shall announce a
prize competition within 18 months after receipt of
appropriated funds.
(e) Funding.--
(1) Funding sources.--Prizes under this Act shall consist
of Federal appropriated funds and any funds raised pursuant to
donations authorized under section 11(f) of the National
Science Foundation Act of 1950 (42 U.S.C. 1870(f)) for specific
prize competitions.
(2) Announcement of prizes.--The Director may not issue a
notice as required by subsection (d)(2) until all of the funds
needed to pay out the announced amount of the prize have been
appropriated or committed in writing by another entity pursuant
to paragraph (1).
(f) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have complied with all of the requirements under
this section;
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a United States citizen or
national, or an alien lawfully admitted to the United States
for permanent residence; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his or her employment, or a person
employed at a Federal laboratory acting within the scope of his
or her employment.
(g) Awards.--
(1) Number of competitions.--The Director may announce up
to 5 prize competitions through the end of fiscal year 2013.
(2) Size of award.--The Director may determine the amount
of each prize award based on the prize topic, but no award
shall be less than $1,000,000 or greater than $3,000,000.
(3) Selecting winners.--The Director may convene an expert
panel to select a winner of a prize competition. If the panel
is unable to select a winner, the Director shall determine the
winner of the prize.
(4) Public outreach.--The Director shall publicly award
prizes utilizing the Foundation's existing public affairs and
public outreach resources.
(h) Administering the Competition.--The Director may enter into an
agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(i) Intellectual Property.--The Federal Government shall not, by
virtue of offering or awarding a prize under this section, be entitled
to any intellectual property rights derived as a consequence of, or in
direct relation to, the participation by a registered participant in a
competition authorized by this section. This subsection shall not be
construed to prevent the Federal Government from negotiating a license
for the use of intellectual property developed for a prize competition
under this section.
(j) Liability.--The Director may require a registered participant
in a prize competition under this section to waive liability against
the Federal Government for injuries and damages that result from
participation in such competition.
(k) Nonsubstitution.--Any programs created under this section shall
not be considered a substitute for Federal research and development
programs.
(l) Reporting Requirement.--Not later than 5 years after the date
of enactment of this Act, the National Science Board shall transmit to
Congress a report containing the results of a review and assessment of
the pilot program under this section, including--
(1) a description of the nature and status of all completed
or ongoing prize competitions carried out under this section,
including any scientific achievements, publications,
intellectual property, or commercialized technology that
resulted from such competitions;
(2) any recommendations regarding changes to, the
termination of, or continuation of the pilot program;
(3) an analysis of whether the program is attracting
contestants more diverse than the Foundation's traditional
academic constituency;
(4) an analysis of whether public awareness of innovation
or of the goal of the particular prize or prizes is enhanced;
(5) an analysis of whether the Foundation's public image or
ability to increase public scientific literacy is enhanced
through the use of innovation inducement prizes; and
(6) an analysis of the extent to which private funds are
being used to support registered participants.
(m) Early Termination of Contests.--The Director shall terminate a
prize contest before any registered participant wins if the Director
determines that an unregistered entity has produced an innovation that
would otherwise have qualified for the prize award.
(n) Authorization of Appropriations.--
(1) In general.--
(A) Awards.--There are authorized to be
appropriated to the Director for the period
encompassing fiscal years 2011 through 2013 $12,000,000
for carrying out this section.
(B) Administration.--Of the amounts authorized in
subparagraph (A), not more than 15 percent for each
fiscal year shall be available for the administrative
costs of carrying out this section.
(2) Carryover of funds.--Funds appropriated for prize
awards under this section shall remain available until
expended, and may be transferred, reprogrammed, or expended for
other purposes as authorized by law only after the expiration
of 7 fiscal years after the fiscal year for which the funds
were originally appropriated. No provision in this section
permits obligation or payment of funds in violation of section
1341 of title 31 of the United States Code (commonly referred
to as the Anti-Deficiency Act). | Requires the Director of the National Science Foundation (NSF) to carry out a pilot program for awarding innovation inducement cash prizes in any area of research supported by NSF.
Instructs the Director, in identifying topics for prize competitions to be held under such program, to: (1) consult widely within and outside of the federal government; (2) give priority to high-risk, high-reward research challenges and to problems whose solution could improve the economic competitiveness of the United States; and (3) give consideration to the extent to which the topics have the potential to raise public awareness about federally sponsored research.
Sets forth provisions with regard to the types of contests, advertising and announcements, funding, and eligibility for prizes competitions under this Act.
Authorizes the Director to: (1) announce up to five prize competitions through FY2013; (2) set the amount of each prize award based on the prize topic; and (3) convene an expert panel to select the winners of prize competitions.
Allows the Director to enter into an agreement with a private, nonprofit entity to administer a prize competition. | {"src": "billsum_train", "title": "To authorize the National Science Foundation to carry out a pilot program to award innovation inducement cash prizes in areas of research funded by the National Science Foundation."} | 1,526 | 233 | 0.694898 | 2.04845 | 0.981 | 5 | 6.59633 | 0.908257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Enablers Accountability
Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of the Democratic People's Republic of
Korea has flagrantly defied the international community by
illicitly developing its nuclear and ballistic missile
programs, in violation of United Nations Security Council
Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013),
2270 (2016), and 2321 (2016).
(2) The Government of the Democratic People's Republic of
Korea engages in gross human rights abuses against its own
people and citizens of other countries, including the United
States and Japan.
(3) The United States and its partners are committed to
pursuing a peaceful denuclearization of the Democratic People's
Republic of Korea through a policy of maximum pressure and
engagement.
SEC. 3. SANCTIONS WITH RESPECT TO THE GOVERNMENT OF THE DEMOCRATIC
PEOPLE'S REPUBLIC OF KOREA AND ITS ENABLERS.
(a) Blocking of Property.--On and after the date that is 90 days
after the date of the enactment of this Act, the President shall block
and prohibit all transactions in all property and interests in property
of a person described in subsection (d) if such property and interests
in property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
(b) Facilitation of Certain Transactions.--The President shall
prohibit the opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution that the
President determines has knowingly, on or after the date that is 90
days after the date of the enactment of this Act, conducted or
facilitated a significant transaction with respect to the importation,
sale, or transfer of goods or services from the Democratic People's
Republic of Korea on behalf of a person described in subsection (d).
(c) Importation, Sale, or Transfer of Goods and Services.--The
President shall impose sanctions pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to
a person if the President determines that the person knowingly, on or
after the date that is 90 days after the date of the enactment of this
Act, imports, purchases, or transfers goods or services from a person
described in subsection (d).
(d) Persons Described.--A person described in this subsection is
any of the following:
(1) The Government of the Democratic People's Republic of
Korea or any political subdivision, agency, or instrumentality
of that Government.
(2) Any person owned or controlled, directly or indirectly,
by that Government.
(3) Any person acting or purporting to act, directly or
indirectly, for or on behalf of that Government.
(4) The following entities:
(A) Dandong Zhicheng Metallic Material.
(B) Shandong International Trade co Ltd Hongjian.
(C) Xiamen Xiang Yu Shares Co.
(D) Sdic Jingmin Putian Ltd.
(E) Hangzhou Pei Amoy Trading company.
(F) Hunchun xin Times.
(G) Rizhao Steel Holding.
(H) Shandong Yun Hill Mines.
(I) China Dawn Garmet (Dalian).
(J) Dandong Hao Du Trading co. ltd.
(5) Any person affiliated with an entity described in
paragraph (4).
(6) Any person affiliated with an entity identified by the
Secretary of the Treasury as a major importer of goods and
services from the Democratic People's Republic of Korea.
(e) Exemptions.--The following activities are exempt from sanctions
under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Authorized intelligence activities of the United
States.
(3) Activities necessary to comply with United States
obligations under the Agreement between the United Nations and
the United States of America regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, the Convention on
Consular Relations, done at Vienna April 24, 1963, and entered
into force March 19, 1967, or any other international
agreement.
(4) Activities incidental to the POW/MIA accounting mission
in the Democratic People's Republic of Korea, including
activities by the Defense POW/MIA Accounting Agency and other
governmental or nongovernmental organizations tasked with
identifying or recovering the remains of members of the United
States Armed Forces in the Democratic People's Republic of
Korea.
(f) Waivers.--
(1) In general.--The President may waive the application of
sanctions under this section with respect to a person if the
President--
(A) determines that the waiver is in the national
security interest of the United States; and
(B) submits to the appropriate congressional
committees a report on the determination and the
reasons for the determination.
(2) Humanitarian waiver.--
(A) In general.--The President may waive, for
renewable periods of not less than 30 days and not more
than one year, the application of sanctions under this
section if the President submits to the appropriate
congressional committees a written determination that
the waiver is necessary for humanitarian assistance or
to carry out the humanitarian purposes set forth in
section 4 of the North Korean Human Rights Act of 2004
(22 U.S.C. 7802).
(B) Content of written determination.--A written
determination submitted under subparagraph (A) with
respect to a waiver shall include a description of all
notification and accountability controls that have been
employed in order to ensure that the activities covered
by the waiver are humanitarian assistance or are
carried out for the purposes set forth in section 4 of
the North Korean Human Rights Act of 2004 (22 U.S.C.
7802) and do not entail any activities in North Korea
or dealings with the Government of North Korea not
reasonably related to humanitarian assistance or those
purposes.
(C) Clarification of permitted activities.--An
internationally recognized humanitarian organization
shall not be subject to sanctions under this section
for--
(i) engaging in a financial transaction
relating to humanitarian assistance or for
humanitarian purposes pursuant to a waiver
issued under subparagraph (A);
(ii) transporting goods or services that
are necessary to carry out operations relating
to humanitarian assistance or humanitarian
purposes pursuant to such a waiver; or
(iii) having merely incidental contact, in
the course of providing humanitarian assistance
or aid for humanitarian purposes pursuant to
such a waiver, with individuals who are under
the control of a foreign person subject to
sanctions under this section.
(g) Rule of Construction.--A person described in subsection (d) is
subject to sanctions under this section without regard to whether the
name of the person is published in the Federal Register or incorporated
into the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the Department of
the Treasury.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through account''
have the meanings given those terms in section 5318A of title
31, United States Code.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(4) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies, clothing,
and shelter.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
and
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. PROHIBITION ON IMPORT OF AND SANCTIONS WITH RESPECT TO GOODS
MADE WITH NORTH KOREAN LABOR.
(a) Prohibition on Import of Goods Made With North Korean Labor.--
(1) In general.--Except as provided in paragraph (2), any
significant goods, wares, articles, or merchandise mined,
produced, or manufactured wholly or in part by the labor of
nationals or citizens of the Democratic People's Republic of
Korea shall be deemed to be mined, produced, or manufactured,
as the case may be, by convict labor, forced labor, or
indentured labor under penal sanctions for purposes of section
307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be
entitled to entry at any of the ports of the United States.
(2) Exception.--The prohibition under paragraph (1) shall
not apply to goods, wares, articles, or merchandise if the
Commissioner of U.S. Customs and Border Protection finds, by
clear and convincing evidence, that the goods, wares, articles,
or merchandise were not produced with trafficked labor, convict
labor, forced labor, or indentured labor under penal sanctions.
(b) Sanctions With Respect to Persons That Use North Korean
Labor.--The President shall, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all
transactions in property and interests in property of a person that the
President determines mines, produces, or manufactures goods, wares,
articles, or merchandise prohibited from entry into the United States
under subsection (a), if such property and interests in property are in
the United States, come within the United States, or are or come within
the possession or control of a United States person.
(c) Trafficked Labor Defined.--In this section, the term
``trafficked labor'' means labor or services procured through the
recruitment, harboring, transportation, provision, or obtaining of a
person through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
SEC. 5. MANDATORY DISCLOSURE OF INVESTMENTS IN THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA AND OTHER SANCTIONABLE ACTIVITIES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Securities and Exchange Commission shall
prescribe regulations requiring each issuer to disclose annually,
beginning with the issuer's first fiscal year that begins after the
date on which those regulations are prescribed--
(1) any investments in the Democratic People's Republic of
Korea; and
(2) any other activities that may be subject to sanctions
under section 3 or 4.
(b) Issuer Defined.--In this section, the term ``issuer'' has the
meaning given that term in section 3(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)). | North Korean Enablers Accountability Act of 2017 This bill directs the President to: (1) impose property-blocking sanctions against the North Korean government, business entities that trade with North Korea, including specified Chinese entities, and affiliated persons or entities; (2) prohibit the opening, and strictly control the maintaining in the United States, of correspondent or payable-through accounts by a foreign financial institution that assisted in the importation, sale, or transfer of North Korean goods or services; and (3) impose specified sanctions against a person that imports, purchases, or transfers goods or services from the North Korean government or from such entities or affiliates. The President may waive the application of these sanctions for humanitarian or national security purposes. The bill prohibits the U.S. entry of goods mined, produced, or manufactured by North Korean labor, and directs the President to apply property-blocking sanctions against a person or entity that mines, produces, or manufactures such prohibited goods. Such prohibition shall not apply if U.S. Customs and Border Protection finds that the goods were not produced with trafficked, convict, forced, or indentured labor. The Securities and Exchange Commission shall require issuers of stock and other securities to disclose annually any investments in North Korea and activities potentially sanctionable under this bill. | {"src": "billsum_train", "title": "North Korean Enablers Accountability Act of 2017"} | 2,629 | 276 | 0.616386 | 1.922765 | 0.824165 | 3 | 9.657143 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Storage for Grid Resilience
and Modernization Act of 2016'' or the ``Energy Storage Act of 2016''.
SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED
TO THE GRID.
(a) 30-Percent Credit Allowed.--Clause (i) of section 48(a)(2)(A)
of the Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subclause (III) and by adding at the end the following new
subclause:
``(V) qualified energy storage property,
and''.
(b) Qualified Energy Storage Property.--Subsection (c) of section
48 of such Code is amended by adding at the end the following new
paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy
storage property' means property described in
subparagraph (B) that is capable of absorbing energy,
storing such energy for a period of time, and
thereafter dispatching such energy for the purposes
of--
``(i) reducing demand for peak electrical
generation,
``(ii) deferring or substituting for an
investment in generation, transmission, or
distribution assets,
``(iii) providing back up energy for
variable generation sources,
``(iv) improving the reliable operation of
the electrical transmission or distribution
grid,
``(v) enabling management of end-user
energy consumption, or
``(vi) enabling the disconnection of a load
from the main grid.
``(B) Storage and use of energy.--Property is
described in this subparagraph if the property, whether
centralized or distributed--
``(i) uses mechanical, chemical, thermal,
or electrostatic processes to store energy that
was generated at one time for use at a later
time,
``(ii) stores thermal energy for direct use
for heating or cooling at a later time in a
manner that avoids the need to use electricity
at that later time,
``(iii) uses mechanical, chemical, thermal,
or electrostatic processes to store electricity
generated from renewable resources for use at a
later time, or
``(iv) uses mechanical, chemical, thermal,
or electrostatic processes to store, for
delivery at a later time, energy generated from
mechanical processes that would otherwise be
wasted.
``(C) Special rule for onsite energy storage.--
``(i) In general.--Property which performs
its purpose primarily for onsite consumption
shall not be treated as qualified energy
storage property unless such property in
aggregate--
``(I) has the ability to store the
energy equivalent of at least 5
kilowatt hours of energy, and
``(II) has the ability to have an
output of the energy equivalent of 1
kilowatt of electricity for a period of
5 hours.
``(ii) Limitation.--In the case of
qualified energy storage property described in
clause (i) that is placed in service during the
taxable year, the credit otherwise determined
under subsection (a) for such year with respect
to such property shall not exceed $1,000,000.
``(D) Allocation of credits.--
``(i) In general.--In the case of qualified
energy storage property placed in service
during the taxable year, the credit otherwise
determined under subsection (a) for such year
with respect to such property shall not exceed
the amount allocated to such project under
clause (ii).
``(ii) National limitation and
allocation.--There is a qualified energy
storage property investment credit limitation
of $2,000,000,000. Such limitation shall be
allocated by the Secretary among qualified
energy storage property projects selected by
the Secretary, in consultation with the
Secretary of Energy, for taxable years
beginning after the date of the enactment of
the Energy Storage for Grid Resilience and
Modernization Act of 2016, except that not more
than $40,000,000 shall be allocated to any
project for all such taxable years.
``(iii) Selection criteria.--In making
allocations under clause (ii), the Secretary,
in consultation with the Secretary of Energy,
shall select only those projects which have a
reasonable expectation of commercial viability,
select projects representing a variety of
technologies, applications, and project sizes,
and give priority to projects--
``(I) which provide the greatest
increase in reliability or the greatest
economic benefit,
``(II) which enable the greatest
improvement in integration of renewable
resources into the grid,
``(III) which enable the greatest
increase in efficiency in operation of
the grid, or
``(IV) the owner of which has not
received an allocation under this
paragraph for energy storage property
for a different project.
``(iv) Deadlines.--
``(I) In general.--If a project
which receives an allocation under
clause (ii) has not commenced
construction within 2 years after the
date of such allocation, such
allocation shall be invalid.
``(II) Special rule for
hydroelectric pumped storage.--
Notwithstanding subclause (I), in the
case of a hydroelectric pumped storage
project, if such project has not
received such permits or licenses as
are determined necessary by the
Secretary, in consultation with the
Secretary of Energy, within 3 years
after the date of such allocation,
begun construction within 5 years after
the date of such allocation, and been
placed in service within 8 years after
the date of such allocation, such
allocation shall be invalid.
``(III) Special rule for compressed
air energy storage.--Notwithstanding
subclause (I), in the case of a
compressed air energy storage project,
if such project has not begun
construction within 3 years after the
date of the allocation and been placed
in service within 5 years after the
date of such allocation, such
allocation shall be invalid.
``(IV) Exceptions.--The Secretary
may extend the 2-year period in
subclause (I) or the periods described
in subclauses (II) and (III) on a
project-by-project basis if the
Secretary, in consultation with the
Secretary of Energy, determines that
there has been a good faith effort to
begin construction or to place the
project in service, whichever is
applicable, and that any delay is
caused by factors not in the taxpayer's
control.
``(E) Review and redistribution.--
``(i) Review.--Not later than 4 years after
the date of the enactment of the Energy Storage
for Grid Resilience and Modernization Act of
2016, the Secretary shall review the credits
allocated under subparagraph (D) as of the date
of such review.
``(ii) Redistribution.--Upon the review
described in clause (i), the Secretary may
reallocate credits allocated under subparagraph
(D) if the Secretary determines that--
``(I) there is an insufficient
quantity of qualifying applications for
certification pending at the time of
the review, or
``(II) any allocation made under
subparagraph (D)(ii) has been revoked
pursuant to subparagraph (D)(iv)
because the project subject to such
allocation has been delayed.
``(F) Disclosure of allocations.--The Secretary
shall, upon making an allocation under subparagraph
(D)(ii), publicly disclose the identity of the
applicant, the location of the project, the energy
storage project size and output, and the amount of the
credit with respect to such applicant.
``(G) Coordination.--
``(i) Denial of double benefit.--The term
`qualified energy storage property' does not
include any property for which a credit is
allowable under any provision of this section
for the taxable year other than by reason of
this paragraph.
``(ii) Special rule for section 45.--The
term `qualified energy storage property' shall
not include any property with respect to which
a credit is allowable under section 45 for the
taxable year or any prior taxable year.
``(H) Termination.--No credit shall be allocated
under subparagraph (D) for any period ending after
December 31, 2026.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW
CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), or
``(ii) a qualified energy storage property (as
defined in section 48(c)(5)), and
``(B) owned by a public power provider, a
governmental body, or a cooperative electric
company.''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 4. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.
(a) Credit Allowed.--Subsection (a) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
paragraph (4), by striking the period at the end of paragraph (5) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(6) 30 percent of the qualified residential energy
storage equipment expenditures made by the taxpayer during such
taxable year.''.
(b) Qualified Residential Energy Storage Equipment Expenditures.--
Section 25D(d) of such Code is amended by adding at the end the
following new paragraph:
``(6) Qualified residential energy storage equipment
expenditures.--For purposes of this section, the term
`qualified residential energy storage equipment expenditure'
means an expenditure for property--
``(A) which is installed in or on a dwelling unit
located in the United States and owned and used by the
taxpayer as the taxpayer's principal residence (within
the meaning of section 121), or on property owned by
the taxpayer on which such a dwelling unit is located,
``(B) which--
``(i) provides supplemental energy to
reduce peak energy requirements, or
``(ii) is designed and used primarily to
receive and store, firm, or shape variable
renewable or off-peak energy and to deliver
such energy primarily for onsite consumption,
and
``(C) which--
``(i) has the ability to store the energy
equivalent of at least 5 kilowatt hours of
energy, and
``(ii) has the ability to have an output of
the energy equivalent of 1 kilowatt of
electricity for a period of 4 hours.''.
(c) Termination.--Section 25D(g) of such Code is amended by
inserting ``(December 31, 2026, in the case of property described in
subsection (d)(6))'' after ``December 31, 2016''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Energy Storage for Grid Resilience and Modernization Act of 2016 or the Energy Storage Act of 2016 This bill amends the Internal Revenue Code to: (1) allow, through 2026, a 30% energy tax credit for investment in energy storage property capable of absorbing energy, storing the energy for a period of time, and dispatching the energy for specified purposes; (2) make energy storage property owned by a public power provider, a governmental body, or a cooperative electric company eligible for new clean renewable energy bond financing; and (3) allow, through 2026, a 30% nonbusiness energy property tax credit for residential energy storage equipment expenditures for a taxpayer's principal residence. | {"src": "billsum_train", "title": "Energy Storage Act of 2016"} | 2,633 | 143 | 0.519079 | 1.449866 | 0.682471 | 3.335878 | 18.358779 | 0.862595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Wetlands Conservation
Reauthorization Act''.
SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVATION ACT.
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 North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.).
SEC. 3. FINDINGS AND STATEMENT OF PURPOSE.
(a) Finding.--Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended by
striking ``and other habitats'' and inserting ``and associated
habitats''.
(b) Purposes.--Section 2(b) (16 U.S.C. 4401(b)) is amended--
(1) in paragraph (1) by striking ``and other habitats for
migratory birds'' and inserting ``and habitats associated with
wetland ecosystems'';
(2) in paragraph (2) by inserting ``wetland associated'' before
``migratory bird''; and
(3) in paragraph (3)--
(A) by inserting ``wetland associated'' before ``migratory
birds''; and
(B) by inserting ``, the United States Shorebird
Conservation Plan, the North American Waterbird Conservation
Plan, the Partners In Flight Conservation Plans,'' after
``North American Waterfowl Management Plan''.
SEC. 4. DEFINITION OF WETLANDS CONSERVATION PROJECT.
Section 3(9) (16 U.S.C. 4402(9)) is amended--
(1) in subparagraph (A) by inserting ``of a wetland ecosystem
and associated habitat'' after ``including water rights,''; and
(2) in subparagraph (B) by striking ``and other habitat'' and
inserting ``and associated habitat''.
SEC. 5. REAUTHORIZATION.
Section 7(c) (16 U.S.C. 4406(c)) is amended by striking ``not to
exceed'' and all that follows and inserting ``not to exceed--
``(1) $55,000,000 for fiscal year 2003;
``(2) $60,000,000 for fiscal year 2004;
``(3) $65,000,000 for fiscal year 2005;
``(4) $70,000,000 for fiscal year 2006; and
``(5) $75,000,000 for fiscal year 2007.''.
SEC. 6. ALLOCATION.
Section 8(a) (16 U.S.C. 4407(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(but at least 50 per centum and not more
than 70 per centum thereof)'' and inserting ``(but at least 30
percent and not more than 60 percent)''; and
(B) by striking ``4 per centum'' and inserting ``4
percent''; and
(2) in paragraph (2) by striking ``(but at least 30 per centum
and not more than 50 per centum thereof)'' and inserting ``(but at
least 40 percent and not more than 70 percent)''.
SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF APPROVED
WETLANDS CONSERVATION PROJECTS.
Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so much as
precedes the second sentence and inserting the following:
``(b) Cost Sharing.--(1) Except as provided in paragraph (2), as a
condition of providing assistance under this Act for any approved
wetlands conservation project, the Secretary shall require that the
portion of the costs of the project paid with amounts provided by non-
Federal United States sources is equal to at least the amount allocated
under subsection (a) that is used for the project.
``(2) Federal moneys allocated under subsection (a) may be used to
pay 100 percent of the costs of such projects located on Federal lands
and waters, including the acquisition of inholdings within such lands
and waters.
``(3)''.
SEC. 8. TECHNICAL CORRECTIONS.
(a) The North American Wetlands Conservation Act is amended as
follows:
(1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by inserting
``of 1973'' after ``Species Act''.
(2) In section 2(a)(12) (16 U.S.C. 4401(a)(12)), by inserting
``and in 1994 by the Secretary of Sedesol for Mexico'' after
``United States''.
(3) In section 3(2) (16 U.S.C. 4402(2)), by striking
``Committee on Merchant Marine and Fisheries of the United States
House of Representatives'' and inserting ``Committee on Resources
of the House of Representatives''.
(4) In section 3(5) (16 U.S.C. 4402(5)), by inserting ``of
1973'' after ``Species Act''.
(5) In section 3(6) (16 U.S.C. 4402(6)), by inserting after
``1986'' the following: ``, and by the Secretary of Sedesol for
Mexico in 1994, and subsequent dates''.
(6) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by
striking ``section 3(2)(B)'' and inserting ``section 3(g)(2)(B)''.
(7) In section 4(c) (16 U.S.C. 4403(c)), in the matter
preceding paragraph (1), by striking ``Commission'' and inserting
``Council''.
(8) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting
``of 1973'' after ``Species Act''.
(9) In section 5(b) (16 U.S.C. 4404(b)), by striking ``by
January 1 of each year,'' and inserting ``each year''.
(10) In section 5(d) (16 U.S.C. 4404(d)), by striking ``one
Council member'' and inserting ``2 Council members''.
(11) In section 5(f) (16 U.S.C. 4404(f)), by striking
``subsection (d)'' and inserting ``subsection (e)''.
(12) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking
``western hemisphere pursuant to section 17 of this Act'' and
inserting ``Western Hemisphere pursuant to section 16''.
(13) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking
the period and inserting ``; and''.
(14) In section 16(a) (16 U.S.C. 4413), by striking ``western
hemisphere'' and inserting ``Western Hemisphere''.
(b)(1) Section 112(1) of Public Law 101-593 (104 Stat. 2962) is
amended by striking ``and before the period''.
(2) Paragraph (1) of this subsection shall be effective on and
after the effective date of section 112(1) of Public Law 101-593 (104
Stat. 2962).
SEC. 9. CHESAPEAKE BAY INITIATIVE.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (16
U.S.C. 461 note; Public Law 105-312) is amended by striking ``2003''
and inserting ``2008''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | North American Wetlands Conservation Reauthorization Act - Amends the North American Wetlands Conservation Act to revise the findings and purposes of the Act.Revises the definition of "wetlands conservation project" to specify that: (1) water rights obtained as part of a real property interest must be those of a wetland ecosystem and associated habitat; and (2) habitat restored, managed, or enhanced must be associated with wetland ecosystems.Authorizes appropriations for FY 2003 through 2007 to carry out the purposes of the Act.Decreases the percentages of amounts available to carry out approved projects in Canada and Mexico.Revises cost-sharing requirements to state that, except for projects located on Federal lands and waters, as a condition for provision of assistance, the portion of project costs paid with amounts from non-Federal U.S. sources shall be equal to at least the amount allocated by the Secretary of the Interior under the Act.Makes technical corrections.Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization through FY 2008. | {"src": "billsum_train", "title": "To reauthorize the North American Wetlands Conservation Act, and for other purposes."} | 1,824 | 237 | 0.536582 | 1.393066 | 0.824341 | 2.109948 | 7.78534 | 0.769634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Every Requirement of
Exemplary Service Act of 2005'' or the ``HEROES Act of 2005''.
SEC. 2. DEATH GRATUITY ENHANCEMENTS.
(a) Deaths From Combat-Related Causes or Causes Incurred in
Designated Operations or Areas.--
(1) Amount.--Section 1478 of title 10, United States Code,
is amended--
(A) in subsection (a), by inserting ``, except as
provided in subsection (c)'' after ``$12,000'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection (c):
``(c) The death gratuity payable under sections 1475 through 1477
of this title is $100,000 (as adjusted under subsection (d)) in the
case of a death resulting from wounds, injuries, or illnesses that
are--
``(1) incurred as described in section 1413a(e)(2) of title
10; or
``(2) incurred in an operation or area designated as a
combat operation or a combat zone, respectively, by the
Secretary of Defense under section 1967(e)(1)(A) of title
38.''.
(2) Increases consistent with increases in rates of basic
pay.--Subsection (d) of such section, as redesignated by
paragraph (1)(B), is amended by striking ``amount of the death
gratuity in effect under subsection (a)'' and inserting
``amounts of the death gratuities in effect under subsections
(a) and (c)''.
(3) Conforming amendment.--Subsection (a) of such section,
as amended by paragraph (1) of this subsection, is further
amended by striking ``(as adjusted under subsection (c))'' and
inserting ``(as adjusted under subsection (d))''.
(b) Additional Gratuity for Deaths Before Effective Date.--
(1) Requirement to pay additional gratuity.--
(A) In the case of a member of the Armed Forces
described in subparagraph (B), the Secretary of the
military department concerned shall pay a death
gratuity in accordance with this subsection that is in
addition to the death gratuity payable in the case of
such death under sections 1475 through 1477 of title
10, United States Code.
(B) The requirements of this subsection apply in
the case of a member of the Armed Forces who died
before the date of the enactment of this Act as a
direct result of one or more wounds, injuries, or
illnesses that--
(i) were incurred in the theater of
operations of Operation Enduring Freedom or
Operation Iraqi Freedom; or
(ii) were incurred as described in section
1413a(e)(2) of title 10, United States Code, on
or after October 7, 2001.
(2) Amount.--The amount of the additional death gratuity is
$238,000.
(3) Beneficiaries.--The beneficiary or beneficiaries who
are entitled under section 1477 of title 10, United States
Code, to receive payment of the regular military death gratuity
in the case of the death of a member referred to in paragraph
(2) shall be entitled to receive the additional death gratuity
payable in such case. If there are two or more such
beneficiaries, the portion of the total amount of the
additional death gratuity payable to a beneficiary in such case
shall be the amount that bears the same ratio to the total
amount of the additional death gratuity under paragraph (2) as
the amount of the share of the regular military death gratuity
payable to that beneficiary bears to the total amount of the
regular military death gratuity payable to all such
beneficiaries in such case.
(4) Definitions.--In this subsection:
(A) The term ``additional death gratuity'' means
the death gratuity provided under paragraph (1).
(B) The term ``regular military death gratuity'',
means a death gratuity payable under sections 1475
through 1477 of title 10, United States Code.
SEC. 3. SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENTS.
(a) Increased Maximum Amount Under Servicemembers' Group Life
Insurance.--Section 1967 of title 38, United States Code, is amended--
(1) in subsection (a)(3)(A), by striking clause (i) and
inserting the following new clause:
``(i) In the case of a member--
``(I) $400,000 or such lesser amount as the member
may elect;
``(II) in the case of a member covered by
subsection (e), the amount provided for or elected by
the member under subclause (I) plus the additional
amount of insurance provided for the member by
subsection (e); or
``(III) in the case of a member making an election
under paragraph (2)(A) not to be insured under this
subchapter, the amount of insurance provided for the
member by subsection (e).''; and
(2) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(b) Additional Amount for Members Serving in Certain Areas or
Operations.--
(1) Increased amount.--Section 1967 of such title is
further amended--
(A) by redesignating subsection (e) as subsection
(g); and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) A member covered by this subsection is any member as
follows:
``(A) Any member who dies as a result of one or more
wounds, injuries, or illnesses incurred while serving in an
operation or area that the Secretary designates, in writing, as
a combat operation or a zone of combat, respectively, for
purposes of this subsection.
``(B) Any member who formerly served in an operation or
area so designated and whose death is determined (under
regulations prescribed by the Secretary of Defense) to be the
direct result of injury or illness incurred or aggravated while
so serving.
``(2) The additional amount of insurance under this subchapter that
is provided for a member by this subsection is $150,000, except that in
a case in which the amount provided for or elected by the member under
subclause (I) of subsection (a)(3)(A) exceeds $250,000, the additional
amount of insurance under this subchapter that is provided for the
member by this subsection shall be reduced to such amount as is
necessary to comply with the limitation in paragraph (3).
``(3) The total amount of insurance payable for a member under this
subchapter may not exceed $400,000.
``(4) While a member is serving in an operation or area designated
as described in paragraph (1), the cost of insurance of the member
under this subchapter that is attributable to $150,000 of insurance
coverage shall be contributed as provided in section 1969(b)(2) of this
title and may not be deducted or withheld from the member's pay.''.
(2) Funding.--Section 1969(b) of such title is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as described
by paragraph (1)(A) of section 1967(e) of this title, there shall be
contributed from the appropriation made for active duty pay of the
uniformed service concerned an amount determined by the Secretary and
certified to the Secretary concerned to be the cost of Servicemembers'
Group Life Insurance which is traceable to the cost of providing
insurance for the member under section 1967 of this title in the amount
of $150,000.''.
(c) Conforming Amendment.--Section 1967(a)(2)(A) of such title is
amended by inserting before the period at the end the following: ``,
except for insurance provided under paragraph (3)(A)(i)(III)''.
(d) Coordination With VGLI.--Section 1977(a) of such title is
amended--
(1) by striking ``$250,000'' each place it appears and
inserting ``$400,000''; and
(2) by adding at the end of paragraph (1) the following new
sentence: ``Any additional amount of insurance provided a
member under section 1967(e) of this title may not be treated
as an amount for which Veterans' Group Life Insurance shall be
issued under this section.''.
(e) Requirements Regarding Elections of Members to Reduce or
Decline Insurance.--Section 1967(a) of such title is further amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Pursuant to regulations prescribed by the Secretary of
Defense, notice of an election of a member not to be insured under this
subchapter, or to be insured under this subchapter in an amount less
than the maximum amount provided under paragraph (3)(A)(i)(I), shall be
provided to the spouse of the member.''; and
(2) in paragraph (3)--
(A) in the matter preceding clause (i), by striking
``and (C)'' and inserting ``, (C), and (D)''; and
(B) by adding at the end the following new
subparagraph:
``(D) A member with a spouse may not elect not to be insured under
this subchapter, or to be insured under this subchapter in an amount
less than the maximum amount provided under subparagraph (A)(i)(I),
without the written consent of the spouse.''.
(f) Requirement Regarding Redesignation of Beneficiaries.--Section
1970 of such title is amended by adding at the end the following new
subsection:
``(j) A member with a spouse may not modify the beneficiary or
beneficiaries designated by the member under subsection (a) without the
written consent of the spouse.''.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month that
begins more than 90 days after the date of the enactment of this Act. | Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone.
Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001.
Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable. | {"src": "billsum_train", "title": "To amend titles 10 and 38, United States Code, to improve death benefits for the families of deceased members of the Armed Forces, and for other purposes."} | 2,293 | 320 | 0.644661 | 1.879484 | 0.717057 | 3.223827 | 7.570397 | 0.884477 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Decommissioning Assurance
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) full, safe decommissioning of nuclear power plants is a
compelling Federal interest, in that--
(A) the public health and safety and the protection
of the environment can be guaranteed only if nuclear
power plants are adequately decommissioned at the end
of their useful lives; and
(B) decommissioning obligations cannot be avoided,
abandoned, or mitigated, as a matter of public health
and safety;
(2) electric utilities that own nuclear power plants must
be able to collect adequate revenues to ensure that the
utilities can satisfy the obligation to fully decommission
nuclear power plants in accordance with standards established
by the Nuclear Regulatory Commission;
(3) the authority of the Nuclear Regulatory Commission to
ensure that utilities are able to collect adequate funds so
that they can satisfy the decommissioning obligation is limited
by the fact that the Commission does not directly establish
rates for electric services;
(4) many nuclear decommissioning trust funds are not
adequate to meet decommissioning obligations, and the current
electric rates of collection are not adequate to ensure that
there will be adequate funds at the time of decommissioning.
(5) potential restructuring of the electric utility
industry will exacerbate the problem, because competitive
pressure is expected to be placed on current rates, thereby
threatening the ability of utility entities to recover funds
for decommissioning in electric rates; and
(6) there is a Federal interest in establishing a national
policy to ensure that electric utilities that own nuclear power
plants can recover funds sufficient to satisfy the
decommissioning obligation.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that electric utilities that own commercial
nuclear electric generating plants will be able to satisfy the
obligation to decommission the plants, as established by the
Nuclear Regulatory Commission; and
(2) to provide ratemaking bodies, including the Federal
Energy Regulatory Commission, with sufficient authority to
provide for recovery of funds for decommissioning.
SEC. 3. DEFINITIONS.
In this Act:
(1) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or any successor regulation).
(2) Decommissioning obligation.--The term ``decommissioning
obligation'' means the obligation to pay costs associated with
the measures necessary to ensure the continued protection of
the public from the dangers of any residual radioactivity or
other hazards present at a facility when a nuclear unit is
decommissioned.
(3) Nuclear decommissioning trust fund.--The term ``nuclear
decommissioning trust fund'' has the meaning given the term
``external sinking fund'' in section 50.75(e)(1)(ii) of title
10, Code of Federal Regulations (or any successor regulation).
(4) State commission.--The term ``State commission'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
SEC. 4. NUCLEAR DECOMMISSIONING ASSURANCE DETERMINATION BY THE NUCLEAR
REGULATORY COMMISSION.
(a) Petition.--
(1) In general.--A licensee under part 50 of title 10, Code
of Federal Regulations may petition the Nuclear Regulatory
Commission for a determination of whether--
(A) adequate amounts have been deposited or are
being deposited in the nuclear decommissioning trust
fund of the licensee; and
(B) the future funding for any nuclear power plant
owned in whole or in part by the licensee is assured.
(2) Contents.--A petition under paragraph (1) shall
disclose--
(A) the licensee's current minimum amount
established by the Nuclear Regulatory Commission under
section 50.75 of title 10, Code of Federal Regulations
for each facility for which the licensee holds a
license;
(B) the currently effective rates to recover costs
for decommissioning obligations as established by the
Commission or State commissions, as appropriate;
(C) the amount that has been deposited in the
nuclear decommissioning trust fund;
(D) the planned rate and timing of collection of
the costs of the decommissioning obligation through the
projected useful life of the facility; and
(E) any other information pertinent to the
continuing assurance of funding of the nuclear
decommissioning trust fund.
(b) Determination.--Not later than 180 days of receipt of a
petition under paragraph (1), the Nuclear Regulatory Commission shall
issue a determination regarding whether the nuclear decommissioning
trust fund and the currently approved level of rates to recover the
costs of the decommissioning obligation are adequate to ensure full and
safe decommissioning of the facility.
(c) Considerations.--In making a determination under subsection
(b), the Nuclear Regulatory Commission shall consider.--
(1) the current level of funds in the nuclear
decommissioning trust fund;
(2) the adequacy of the currently approved rates to recover
the costs of the decommissioning obligation;
(3) the assurance of continuing recovery of such costs
through rates;
(4) the timing of the recovery of such costs relative to
the projected useful life of the plant; and
(5) any other information that the Nuclear Regulatory
Commission considers pertinent to a determination of the
necessary assurance of adequate funding.
(d) Adequacy of Minimum Amounts.--Nothing in this Act precludes the
Nuclear Regulatory Commission from revising or reconsidering the
adequacy of the minimum amounts established under section 50.75(c) of
title 10, Code of Federal Regulations.
(e) Notice.--The Nuclear Regulatory Commission shall issue notice
of its finding to the licensee, the Federal Energy Regulatory
Commission, and any other party of record.
SEC. 5. AMENDMENT OF THE FEDERAL POWER ACT.
(a) Declaration.--Section 201 of the Federal Power Act is amended
by adding at the end the following:
``(h) Declaration Regarding Decommissioning.--The decommissioning
of nuclear power plants licensed by the Commission is affected with a
public interest, and the Federal regulation of matters relating to
decommissioning of nuclear power plants, to the extent provided in this
part, is necessary in the public interest.''.
(b) Nuclear Decommissioning Assurance.--Part II of the Federal
Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the
following:
``SEC. 215. NUCLEAR DECOMMISSIONING ASSURANCE.
``(a) Cost Recovery in Wholesale Rates.--
``(1) In general.--To the extent that the costs of a
decommissioning obligation are recovered in wholesale rates, an
electric utility that owns a nuclear power facility in whole or
in part may apply to the Commission for an order approving
rates and charges in connection with the wholesale transmission
or sale of electricity to ensure collection of revenues
necessary to ensure that there will be adequate funding to
satisfy the decommissioning obligation of the electric utility
in establishing rates and charges.
``(2) Nuclear decommissioning assurance determination.--In
a proceeding under this section, any nuclear decommissioning
assurance determination made in a proceeding under section 4 of
the Nuclear Decommissioning Assurance Act of 1999 shall be
conclusive.
``(3) Denial of request.--If the Commission, by order or by
failure to act with 180 days of the filing of a petition,
denies in whole or in part an application under paragraph (1)
or otherwise fails to allow collection of costs in rates
necessary to ensure adequate funding under section 4 of the
Nuclear Decommissioning Assurance Act of 1999, the electric
utility may seek review of the action under section 313(b).
``(b) Cost Recovery in Retail Rates.--To the extent that the costs
of the decommissioning obligation are recovered in retail rates, in a
proceeding before a State commission initiated by an electric utility
that owns a nuclear power plant in whole or in part for an order
approving rates and charges in connection with the distribution of
electricity, any nuclear decommissioning assurance determination made
by the Commission under section 4 of the Nuclear Decommissioning
Assurance Act of 1999 shall be given due consideration, so as to ensure
collection of revenues necessary to ensure adequate funding of the
nuclear-owning utility's nuclear decommissioning obligations.
``(c) Rates, Terms, and Conditions.--
``(1) In general.--The Commission and the State commissions
shall establish rates, terms, and conditions in response to an
application under subsection (a) or (b) not later than 180 days
after the date of submission of the application.
``(2) Failure to act.--For purposes of section 313(b),
failure of the Commission to comply with paragraph (1) shall be
considered a denial and shall be appealable as a final agency
action.
``(d) Denial of Request by State Commission.--Notwithstanding any
other provision of law, if a State commission, by order or by failure
to act within 180 days of the filing of a petition, denies in whole or
in part the request under subsection (b) or otherwise fails to allow
collection of costs in rates necessary to ensure adequate funding under
section 4(b) of the Nuclear Decommissioning Assurance Act of 1999, the
electric utility may apply to the United States district court for an
order requiring the State commission to establish rates, terms, and
conditions necessary to ensure adequate funding under section 4(b) of
the Nuclear Decommissioning Assurance Act of 1999.''. | Sets a time frame by which the NRC must issue a determination whether the nuclear decommissioning trust fund and the currently approved decommissioning recovery cost rates are adequate to ensure full and safe facility decommissioning. Details mandatory NRC considerations.
Amends the Federal Power Act to permit an electric utility that owns a nuclear power facility in whole or in part to petition the Federal Energy Regulatory Commission (FERC), for an order approving rates and charges in connection with wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure adequate funding to satisfy its decommissioning obligations.
Provides that in such petition proceeding any nuclear decommissioning assurance determination made under this Act shall be conclusive. Permits a utility whose request has been denied to seek judicial review. | {"src": "billsum_train", "title": "Nuclear Decommissioning Assurance Act of 1999"} | 2,139 | 174 | 0.606793 | 1.789215 | 0.75093 | 3.52518 | 13.633094 | 0.892086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Campbell National Wildlife
Refuge Expansion Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States Fish and Wildlife Service manages the
James Campbell National Wildlife Refuge for the purpose of
promoting the recovery of 4 species of endangered Hawaiian
waterbirds;
(2) the United States Fish and Wildlife Service leases
approximately 240 acres of high-value wetland habitat (including
ponds, marshes, freshwater springs, and adjacent land) and manages
the habitat in accordance with the National Wildlife Refuge System
Improvement Act (16 U.S.C. 668dd note; Public Law 105-312);
(3) the United States Fish and Wildlife Service entered into a
contract to purchase in fee title the land described in paragraph
(2) from the estate of James Campbell for the purposes of--
(A) permanently protecting the endangered species habitat;
and
(B) improving the management of the Refuge;
(4) the United States Fish and Wildlife Service has identified
for inclusion in the Refuge approximately 800 acres of additional
high-value wildlife habitat adjacent to the Refuge that are owned
by the estate of James Campbell;
(5) the land of the estate of James Campbell on the Kahuku
Coast features coastal dunes, coastal wetlands, and coastal strand
that promote biological diversity for threatened and endangered
species, including--
(A) the 4 species of endangered Hawaiian waterbirds
described in paragraph (1);
(B) migratory shorebirds;
(C) waterfowl;
(D) seabirds;
(E) endangered and native plant species;
(F) endangered monk seals; and
(G) green sea turtles;
(6) because of extensive coastal development, habitats of the
type within the Refuge are increasingly rare on the Hawaiian
islands;
(7) expanding the Refuge will provide increased opportunities
for wildlife-dependent public uses, including wildlife observation,
photography, and environmental education and interpretation; and
(8) acquisition of the land described in paragraph (4)--
(A) will create a single, large, manageable, and
ecologically-intact unit that includes sufficient buffer land
to reduce impacts on the Refuge; and
(B) is necessary to reduce flood damage following heavy
rainfall to residences, businesses, and public buildings in the
town of Kahuku.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of the
United States Fish and Wildlife Service.
(2) Refuge.--The term ``Refuge'' means the James Campbell
National Wildlife Refuge established pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. EXPANSION OF REFUGE.
(a) Expansion.--The boundary of the Refuge is expanded to include
the approximately 1,100 acres of land (including any water and interest
in the land) depicted on the map entitled ``James Campbell National
Wildlife Refuge--Expansion'' dated October 20, 2005, and on file in the
office of the Director.
(b) Boundary Revisions.--The Secretary may make such minor
modifications to the boundary of the Refuge as the Secretary determines
to be appropriate to--
(1) achieve the goals of the United States Fish and Wildlife
Service relating to the Refuge; or
(2) facilitate the acquisition of property within the Refuge.
(c) Availability of Map.--
(1) In general.--The map described in subsection (a) shall
remain available for inspection in an appropriate office of the
United States Fish and Wildlife Service, as determined by the
Secretary.
(2) Notice.--As soon as practicable after the date of enactment
of this Act, the Secretary shall publish in the Federal Register
and any publication of local circulation in the area of the Refuge
notice of the availability of the map.
SEC. 5. ACQUISITION OF LAND AND WATER.
(a) In General.--Subject to the availability of appropriated funds,
the Secretary may acquire the land described in section 4(a).
(b) Inclusion.--Any land, water, or interest acquired by the
Secretary pursuant to this section shall--
(1) become part of the Refuge; and
(2) be administered in accordance with applicable law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | James Campbell National Wildlife Refuge Expansion Act of 2005 - Expands the boundary of the James Campbell National Wildlife Refuge (Refuge) in Honolulu, Hawaii, to include approximately 1,100 acres of land. Authorizes the Secretary of the Interior to: (1) acquire such land; and (2) make minor modifications to the boundary of the Refuge to achieve U.S. Fish and Wildlife Service goals or to acquire property within the Refuge.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the expansion of the James Campbell National Wildlife Refuge, Honolulu County, Hawaii."} | 1,017 | 100 | 0.616535 | 1.592205 | 0.57566 | 3.142857 | 11.202381 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ludlow Massacre National Historic
Landmark Act''.
SEC. 2. INDINGS.
Congress finds that--
(1) the 1913-1914 Colorado coal strike was 1 of the most
visible and violent labor conflicts of the early 20th century;
(2) the coal strike began in September 1913, when coal
miners walked out of southern Colorado coal mines to protest
for--
(A) higher wages;
(B) enforcement of State mining and labor laws; and
(C) union recognition;
(3) striking miners and their families, evicted from
company towns, lived in tent colonies, including the Ludlow
Tent Colony, near the entrances to the canyons that led to the
mines;
(4) on April 20, 1914, a day-long battle between strikers
and the Colorado National Guard erupted at the Ludlow Tent
Colony, which resulted in multiple deaths, including the deaths
of 2 women and 11 children who were trapped in a shelter under
a tent that was engulfed in flames when the colony was set on
fire;
(5) in response to the violence, President Woodrow Wilson
dispatched the United States Army to the strike zone;
(6) the United Mine Workers of America declared an end to
the strike on December 10, 1914;
(7) the events of April 20, 1914--
(A) were dubbed the ``Ludlow Massacre''; and
(B) stirred national outrage, including protests by
citizens and investigations by Congress and the U.S.
Commission on Industrial Relations;
(8) following the Ludlow Massacre, the Colorado Fuel and
Iron Company, the largest coal producer in southern Colorado,
undertook several actions, including--
(A) launching the first major public relations
campaigns by a company in the history of the United
States; and
(B) creating a company union, which was outlawed in
1935 under the National Labor Relations Act (29 U.S.C.
191 et seq.);
(9) the 1913-1914 Colorado coal strike and the Ludlow
Massacre have been, and continue to be, the focus of historical
and archaeological inquiries, including a book by the Honorable
George McGovern and Herbert Guttridge entitled ``The Great
Coalfield War'';
(10) since the 1918 dedication of the Ludlow Massacre
Memorial at the Ludlow Tent Colony Site, the United Mine
Workers of America has--
(A) maintained the Ludlow Massacre Memorial; and
(B) held an annual memorial service to honor the
memory of the people who died in the strike;
(11) the Ludlow Massacre Memorial continues to function as
a site of memory, at which thousands of visitors from around
the world record their reactions as well as personal and family
stories of the 1913-1914 strike; and
(12) the Ludlow Tent Colony Site has been listed on the
National Register of Historic Places in recognition of--
(A) the national significance of the history of the
site;
(B) the importance of the site as a memorial site;
and
(C) the archaeological resources of the site.
SEC. 3. DEFINITIONS.
In this Act:
(1) Landmark.--The term ``Landmark'' means the Ludlow
Massacre National Historic Landmark designated by section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Colorado.
SEC. 4. LUDLOW MASSACRE NATIONAL HISTORIC LANDMARK.
(a) Designation.--The Ludlow Tent Colony Site in Las Animas County,
Colorado, as listed on the National Register of Historic Places, is
designated as the ``Ludlow Massacre National Historic Landmark''.
(b) Administration.--Consistent with part 65 of title 36, Code of
Federal Regulations (or successor regulations), designation of the
Ludlow Tent Colony Site as a National Historic Landmark shall not
prohibit any actions that may otherwise be taken by the owner of the
Landmark with respect to the Landmark under Federal law (including
regulations).
(c) Cooperative Agreements.--
(1) In general.--The Secretary, in consultation with the
State, may enter into cooperative agreements with appropriate
public or private entities for the purposes of--
(A) protecting historic resources at the Landmark;
and
(B) providing educational and interpretive
facilities and programs at the Landmark for the public.
(2) Technical and financial assistance.--The Secretary may
provide technical and financial assistance to any entity with
which the Secretary has entered into a cooperative agreement
under paragraph (1) to carry out the cooperative agreement.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Ludlow Massacre National Historic Landmark Act - Designates the Ludlow Tent Colony Site (a site where striking miners and their families lived during the 1913-1914 Colorado coal strike) in Las Animas County, Colorado, as the "Ludlow Massacre National Historic Landmark." | {"src": "billsum_train", "title": "A bill to designate the Ludlow Massacre National Historic Landmark in the State of Colorado, and for other purposes."} | 1,096 | 70 | 0.593559 | 1.641771 | 0.720807 | 4.040816 | 19.918367 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Frontline Health Care Act
of 2011''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended--
(1) by redesignating the second subpart XI (as added by
section 10333 of Public Law 111-148) as subpart XII;
(2) by redesignating the second section 340H (as added by
such section 10333) as section 340I; and
(3) by adding at the end the following:
``Subpart XIII--Frontline Health Care Services
``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which the Secretary agrees to make student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Defines "frontline care services" as health care services in the fields of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program."} | 1,506 | 171 | 0.533094 | 1.543924 | 0.707044 | 4.695313 | 10.828125 | 0.914063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Tax Credit Act of 2001''.
SEC. 2. INVESTMENT TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of 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 thereof the following new paragraph:
``(4) the investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Investment Credit.--
``(1) In general.--For purposes of section 46, the
investment credit for any taxable year is an amount equal to 25
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new investment credit property
placed in service by the taxpayer during such
taxable year, plus
``(ii) the applicable percentage of the
cost of each used investment credit property
placed in service by the taxpayer during such
taxable year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules relating to new and used
property made applicable.--The provisions of
subsections (b) and (c) of section 48 (as in effect on
the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of
this paragraph.
``(D) Temporary duration of credit.--For purposes
of this subsection, property shall be treated as
investment credit property only--
``(i) in any case in which the rules of
paragraph (6) do not apply to such property,
only if--
``(I) the construction,
reconstruction, or erection of the
property is completed by the taxpayer
during the 18-month period beginning on
the date of enactment of this
subsection, but only to the extent of
the basis attributable to the
construction, reconstruction, or
erection during such period, or
``(II) acquired by the taxpayer
during such period and placed in
service during such period, or
``(ii) to which the rules of paragraph (6)
apply, but only to the extent of the qualified
investment with respect to qualified progress
expenditures made during such period.
``(3) Investment credit property.--For purposes of this
subsection, the term `investment credit property' means--
``(A) tangible personal property, or
``(B) other tangible property (not including a
building and its structural components) but only if
such property--
``(i) is used as an integral part of
manufacturing, production, or extraction or of
furnishing transportation, communications,
electrical energy, gas, water, or sewage
disposal services, or
``(ii) constitutes a research facility used
in connection with any of the activities
referred to in clause (i), or
``(iii) constitutes a facility used in
connection with any of the activities referred
to in clause (i) for the bulk storage of
fungible commodities (including commodities in
a liquid or gaseous state), or
``(C) elevators and escalators, but only if--
``(i) the construction, reconstruction, or
erection of the elevator or escalator is
completed by the taxpayer, or
``(ii) the original use of such elevator or
escalator commences with the taxpayer, or
``(D) single purpose agricultural or horticultural
structures; or
``(E) a storage facility (not including a building
and its structural components) used in connection with
the distribution of petroleum or any primary product of
petroleum.
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of depreciation)
is allowable and having a useful life (determined as of the time such
property is placed in service) of 3 years or more.
``(4) Exclusion of other property.--Rules similar to the
rules of paragraphs (6), (7), and (10) of section 48(a) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990) shall apply.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.
``(7) Certain rules relating to vessels made applicable.--
Rules similar to rules of subsection (g) of section (46) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990) shall apply for purposes of
this subsection.''
(c) Application of Other Rules.--
(1) At risk rules.--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 thereof the
following new clause:
``(iv) the basis of any new investment
credit property and the cost of any used
investment credit property.''
(2) Recapture rules.--
(A) Subparagraph (E) of section 50(a)(2) of such
Code is amended by inserting ``or 48(c)(9)'' before the
period at the end thereof.
(B) Paragraph (5) of section 50(a) of such Code is
amended by adding at the end thereof the following new
subparagraph:
``(D) Special rules for certain property.--In the
case of any investment credit property which is 3-year
property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(d) Conforming Amendments.--
(1) Section 39(d) of such Code is amended by adding at the
end the following new paragraph:
``(11) Investment tax credit.--No portion of the unused
business credit which is attributable to the credit determined
under section 48(c) (relating to investment credit) may be
carried to any taxable year ending before the date of enactment
of this paragraph.''
(2) Section 1033(g)(3)(A) of such Code is amended by
inserting ``with respect to which the investment credit
determined under section 48(c) is or has been claimed or,''
before ``with respect to which''.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990). | Investment Tax Credit Act of 2001 - Amends the Internal Revenue Code to allow an investment credit for certain investment credit property acquired, completed, or placed in service within 18 months of enactment. Covers tangible personal property and other non-building tangible property as specified.Makes such property ineligible for other investment credits (energy or rehabilitation). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a temporary incentive for investing in tangible property in the United States."} | 1,883 | 75 | 0.543502 | 1.183002 | 0.903234 | 2.0625 | 27.4375 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Stimulus Through Bonus
Depreciation Act of 2001''.
SEC. 2. BONUS DEPRECIATION ALLOWANCE FOR CERTAIN BUSINESS ASSETS.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following:
``(k) Bonus Allowance for Certain Business Assets.--
``(1) In general.--In the case of any qualified property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall be an amount equal
to 50 percent of the adjusted basis of the qualified
property, and
``(B) subject to paragraph (2), the amount
otherwise allowable as a depreciation deduction under
this chapter for any subsequent taxable year shall be
computed in the same manner as if this subsection had
not been enacted.
``(2) Adjusted basis.--The aggregate deduction allowed
under this section for taxable years described in paragraph
(1)(B) with respect to any qualified property shall not exceed
the adjusted basis of such property reduced by the amount of
the deduction allowed under paragraph (1)(A).
``(3) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies, or
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(ii) the original use of which commences
with the taxpayer on or after September 11,
2001,
``(iii) which is--
``(I) acquired by the taxpayer on
or after September 11, 2001, and before
July 1, 2002, but only if no written
binding contract for the acquisition
was in effect before September 11,
2001, or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into on or after
September 11, 2001, and before July 1,
2002, and
``(iv) which is placed in service by the
taxpayer before January 1, 2003.
``(B) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified property' shall not include
any property to which the alternative
depreciation system under subsection (g) applies, determined--
``(I) without regard to paragraph
(7) of subsection (g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(iii) Repaired or reconstructed
property.--Except as otherwise provided in
regulations, the term `qualified property'
shall not include any repaired or reconstructed
property.
``(C) Special rules relating to original use.--
``(i) Self-constructed property.--In the
case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own
use, the requirements of clause (ii) of
subparagraph (A) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property on or after September
11, 2001, and before January 1, 2003.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(i), if property--
``(I) is originally placed in
service on or after September 11, 2001,
by a person, and
``(II) is sold and leased back by
such person within 3 months after the
date such property was originally
placed in service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(D) Coordination with section 280f.-- For
purposes of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified equipment, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i), and decrease each
other limitation under subparagraphs (A) and
(B) of section 280F(a)(1), to appropriately
reflect the amount of the deduction allowable
under paragraph (1).
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).
``(4) Applicable convention.--Subsection (d)(3) shall not
apply in determining the applicable convention with respect to
qualified property.''.
(b) Allowance Against Alternative Minimum Tax.--
(1) In general.--Section 56(a)(1)(A) of the Internal
Revenue Code of 1986 (relating to depreciation adjustment for
alternative minimum tax) is amended by adding at the end the
following:
``(iii) Additional allowance for certain
business assets.--The deduction under section
168(k) shall be allowed.''.
(2) Conforming amendment.--Clause (i) of section
56(a)(1)(A) of such Code is amended by inserting ``or (iii)''
after ``(ii)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after September 11, 2001, in
taxable years ending on or after such date. | Economic Stimulus Through Bonus Depreciation Act of 2001 - Amends the Internal Revenue Code to provide a 50 percent bonus (first-year) deduction for qualified business property (including computer software) acquired or contracted for between September 11, 2001 and July 1, 2002, and placed in service before January 1, 2003.Sets forth related provisions respecting: (1) alternative depreciation property; (2) original use; and (3) alternative minimum tax. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a bonus deduction for depreciable business assets."} | 1,331 | 94 | 0.596229 | 1.538053 | 0.94241 | 2.258824 | 13.776471 | 0.847059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Military Training
Responsibility Act''.
SEC. 2. FINDING; SENSE OF CONGRESS.
(a) Finding.--Congress finds that the United States provides
education and training for approximately 38,000 foreign military
personnel, other than military personnel of North Atlantic Treaty
Organization (NATO) countries, every year.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States shares a responsibility for actions
of those foreign military personnel for which it provides
education and training; and
(2) therefore the United States should take a serious
approach to evaluating the objectives, methods, and results of
such education and training, including evaluating and tracking
the personnel for which it provides such education and
training.
SEC. 3. ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) Contents.--Section 656(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2416(b)) is amended by adding at the end the following:
``(4) United States Government personnel (other than United
States military units referred to in paragraph (3)) and non-
United States Government personnel, including private
contractors, involved in each military training activity.''.
(b) Form.--Section 656(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2416(c)) is amended--
(1) by striking ``The report'' and inserting the following:
``(1) In general.--Subject to paragraph (2), the report'';
and
(2) by adding at the end the following:
``(2) Additional requirement.--Notwithstanding paragraph
(1), all information relating to the number of foreign military
personnel provided training for each military training
activity, their units of operation, and the location of the
training, pursuant to subsection (b)(1) and all information
pursuant to subsection (b)(2) shall be in unclassified form.''.
SEC. 4. ANNUAL FOREIGN POLICE TRAINING REPORT.
Section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420)
is amended by adding at the end the following:
``(e)(1) Not later than January 31 of each year, the Secretary of
State, in conjunction with the head of each other appropriate
department or agency, shall prepare and submit to the appropriate
congressional committees a report on all police training, advice, or
financial support described in subsection (a) provided during the
previous fiscal year and all such training, advice, or support proposed
for the current fiscal year.
``(2) The report described in paragraph (1) shall include the
following:
``(A) For each activity, the foreign policy justification
and purpose for the activity, and with respect to police
training, the number of personnel provided training and their
units of operation, and the location of the training.
``(B) For each country, the aggregate number of personnel
trained and the aggregate cost of the police training
activities.
``(C) With respect to United States Government personnel,
the operational benefits to the United States derived from each
police training activity and the United States Government
personnel involved in each activity.
``(D) Non-United States Government personnel involved in
each police training activity.
``(3)(A) Subject to subparagraph (B), the report described in
paragraph (1) shall be in unclassified form but may include a
classified annex.
``(B) Notwithstanding subparagraph (A), all information relating to
the number of personnel provided training for each activity pursuant to
paragraph (2)(A) and all information pursuant to paragraph (2)(B) shall
be in unclassified form.
``(4) All unclassified portions of the report described in
paragraph (1) shall be made available to the public on the Internet
through the Department of State.
``(5) In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
``(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.''.
SEC. 5. RECORDS RELATING TO FOREIGN MILITARY AND POLICE TRAINING.
(a) Records.--Chapter 3 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2401 et seq.) is amended by inserting after section 660
the following:
``SEC. 660A. RECORDS RELATING TO FOREIGN MILITARY AND POLICE TRAINING.
``(a) Records.--The Secretary of Defense, the Secretary of State,
and the head of each other appropriate department or agency shall
jointly develop and maintain a database containing records on each
foreign military participant and each foreign law enforcement
participant in education and training activities conducted by the
United States Government pursuant to any other provision of law after
December 31, 2001.
``(b) Contents.--Each record shall include the type of instruction
received, the dates of the instruction, whether such instruction was
completed successfully, and, to the extent practicable, a record of the
participant's subsequent military or law enforcement career, including
the participant's current position and location.''.
SEC. 6. TASK FORCE ON EDUCATION AND TRAINING FOR MILITARY PERSONNEL OF
FOREIGN COUNTRIES.
(a) Establishment.--There is established a task force to conduct an
assessment of the kind of education and training that is appropriate
for the Department of Defense to provide to military personnel of
foreign countries.
(b) Composition.--The task force shall be composed of eight Members
of Congress, of whom two each shall be designated by the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the minority
leader of the Senate.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the task force shall submit to Congress a report
on its assessment as specified in subsection (a). The report shall
include--
(1) a critical assessment of courses, curriculum, and
procedures appropriate for such education and training;
(2) an evaluation of the effect of such education and
training on the performance of military personnel of foreign
countries in the areas of human rights and adherence to
democratic principles and the rule of law;
(3) an evaluation of compliance by the United States
Government with requirements that prohibit the training of
military personnel of foreign countries involved in human
rights violations;
(4) an evaluation of such education and training for
military personnel of countries with limited civilian control
of the military; and
(5) a description of criteria for limiting such education
and training for military personnel of countries with limited
civilian control of the military.
(d) Definition.--In this subsection, the term ``Member'' includes a
Delegate to, or Resident Commissioner, in the Congress. | Foreign Military Training Responsibility Act - Expresses the sense of Congress that the United States: (1) shares a responsibility for actions of those foreign military personnel for which it provides education and training; and (2) should evaluate the objectives, methods, and results of such education and training.Amends the Foreign Assistance Act of 1961 to: (1) require the Secretaries of Defense and State to include in a required annual foreign military training report information on U.S. and non-U.S. Government personnel, including contractors, involved in each military training activity; (2) require information concerning foreign military personnel provided training to be in unclassified form; (3) require the Secretary of State to prepare and submit to the appropriate congressional committees an annual report on all foreign police training, advice, or financial support provided; and (4) require such Secretaries and the heads of each appropriate department or agency to jointly develop and maintain a database on each foreign military and law enforcement participant in education and training activities conducted by the U.S. Government after December 31, 2001.Establishes a task force to assess the kind of education and training that is appropriate for the Department of Defense to provide to military personnel of foreign countries. | {"src": "billsum_train", "title": "To provide for increased accountability with respect to the education and training of foreign military personnel, and for other purposes."} | 1,540 | 248 | 0.665767 | 1.957746 | 0.865919 | 4.401747 | 6.196507 | 0.925764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Jobs Act of 2010''.
SEC. 2. SUMMER AND YEAR-ROUND YOUTH JOBS.
(a) Findings.--Congress finds that--
(1) a $1,500,000,000 investment in summer and year-round
employment for youth, through the program supported under this
section, can create up to 450,000 temporary jobs and meaningful
work experiences for economically disadvantaged youth and
stimulate local economies;
(2) there is a serious and growing need for employment
opportunities for economically disadvantaged youth (including
young adults), as demonstrated by statistics from the Bureau of
Labor Statistics stating that, in November 2009--
(A) the unemployment rate increased to 10 percent,
as compared to 6.8 percent in November 2008;
(B) the unemployment rate for 16- to 19-year-olds
rose to 26.7 percent, as compared to 20.4 percent in
November 2008; and
(C) the unemployment rate for African-American 16-
to 19-year-olds increased to 49.4 percent, as compared
to 32.2 percent in November 2008;
(3) research from Northwestern University has shown that
every $1 a youth earns has an accelerator effect of $3 on the
local economy;
(4) summer and year-round jobs for youth help supplement
the income of families living in poverty;
(5) summer and year-round jobs for youth provide valuable
work experience for economically disadvantaged youth;
(6) often, a summer or year-round job provided under the
Workforce Investment Act of 1998 is an economically
disadvantaged youth's introduction to the world of work;
(7) according to the Center for Labor Market Studies at
Northeastern University, early work experience is a very
powerful predictor of success and earnings in the labor market,
and early work experience raises earnings over a lifetime by 10
to 20 percent;
(8) participation in a youth jobs program can contribute to
a reduction in criminal and high-risk behavior for youth; and
(9)(A) youth jobs programs benefit both youth and
communities when designed around principles that promote
mutually beneficial programs;
(B) youth benefit from jobs that provide them with work
readiness skills and that help them make the connection between
responsibility on the job and success in adulthood; and
(C) communities benefit when youth are engaged
productively, providing much-needed services that meet real
community needs.
(b) References.--
(1) Certificate; credential.--In subsection (d), references
to the terms ``certificate'' and ``credential'' have the
meanings prescribed by the Secretary of Labor.
(2) Youth-related references.--In this Act, and in the
provisions referred to in subsections (c) and (d) for purposes
of this Act--
(A) a reference to a youth refers to an individual
who is not younger than age 14 and not older than age
24, and meets any other requirements for that type of
youth; and
(B) a reference to a youth activity refers to an
activity covered in subsection (d)(1) that is carried
out for a youth described in subparagraph (A).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Labor for youth activities under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
$1,500,000,000, which shall be available for the period of January 1,
2010, through June 30, 2011, under the conditions described in
subsection (d).
(d) Conditions.--
(1) Use of funds.--The funds made available under
subsection (c) shall be used for youth jobs and training
programs, to provide opportunities referred to in subparagraphs
(C), (D), (E), and (F) of section 129(c)(2) of such Act (29
U.S.C. 2854(c)(2)) and, as appropriate, opportunities referred
to in subparagraphs (A) and (G) of such section, except that no
such funds shall be spent on unpaid work experiences and the
opportunities may include learning described in paragraph
(3)(B).
(2) Limitation.--Such funds shall be distributed in
accordance with sections 127 and 128 of such Act (29 U.S.C.
2852, 2853), except that no portion of such funds shall be
reserved to carry out 128(a) or 169 of such Act (29 U.S.C.
2853(a), 2914).
(3) Priority.--In using funds made available under
subsection (c), a local area (as defined in section 101 of such
Act (29 U.S.C. 2801))--
(A) shall give priority to providing--
(i) work experiences in viable, emerging,
or demand industries, or work experiences in
the public or nonprofit sector that fulfill a
community need; and
(ii) job referral services for youth to
work experiences described in clause (i) in the
private sector, for which the employer involved
agrees to pay the wages and benefits,
consistent with Federal and State child labor
laws; and
(B) may give priority to providing--
(i) work experiences combined with linkages
to academic and occupational learning, so that
the experiences and learning provide
opportunities for youth to earn a short-term
certificate or credential that has value in the
labor market; and
(ii) work experiences combined with
learning that are designed to encourage and
maximize the likelihood of a participant's
return to, or completion of, a program of study
leading to a recognized secondary or
postsecondary degree, certificate, or
credential.
(4) Measure of effectiveness.--The effectiveness of the
activities carried out with such funds shall be measured, under
section 136 of such Act (29 U.S.C. 2871), only with performance
measures based on the core indicators of performance described
in section 136(b)(2)(A)(ii)(I) of such Act (29 U.S.C.
2871(b)(2)(A)(ii)(I)), applied to all youth served through the
activities. | Youth Jobs Act of 2010 - Authorizes appropriations to the Secretary of Labor for summer and year-round youth jobs and training programs for individuals aged 14 to 24 under the Workforce Investment Act of 1998 which are directly linked to academic and occupational learning for the period January 1, 2010, through June 30, 2011.
Prohibits the use of such funds for unpaid jobs, statewide workforce investment activities, or the award of certain youth opportunity grants.
Requires local areas receiving such funds to give priority to providing: (1) work experiences in viable, emerging, or demand industries, or work experiences in the public or nonprofit sector that fulfill a community need; and (2) job referral services for youth for such jobs in which the employer agrees to pay the wages and benefits consistent with federal and state child labor laws.
Authorizes such local areas to give priority to providing work experiences linked to academic and occupational learning to: (1) provide opportunities to youth to earn a short-term certificate or credential that has value in the labor market; and (2) encourage the likelihood of a participant's return to, or completion of, a program of study leading to a recognized secondary or postsecondary degree, certificate, or credential. | {"src": "billsum_train", "title": "A bill to provide funding for summer and year-round youth jobs and training programs."} | 1,315 | 253 | 0.578381 | 1.952517 | 0.883279 | 4.48954 | 5.087866 | 0.916318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Piracy Reprisal and Capture Act
of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) That the terrorist attacks on September 11, 2001 were
acts of air piracy contrary to the law of nations.
(2) That the terrorist attacks were not just criminal
actions, but belligerent attacks designed to destroy the
sovereign independence of the United States of America contrary
to the law of nations.
(3) That the perpetrators of the terrorist attacks were
aided and abetted by enemy belligerents contrary to the law of
nations.
(4) That similar acts of air piracy are planned for future
execution by persons and organizations enjoying safe harbor by
nations contrary to the law of nations.
(5) That the lives, liberties, and properties of the
American people have been taken, and are threatened to be
taken, by acts of air piracy contrary to the law of nations.
(6) That under Article I, section 8 of the United States
Constitution, Congress has the power to define and punish
piracies and other offenses against the laws of nations.
(7) That under Article I, section 8 of the United States
Constitution, Congress has the powers to grant letters of
marque and reprisal and to make rules concerning captures on
land and water.
SEC. 3. DEFINITIONS.
(1) For the purpose of chapter 81, title 18, United States
Code, the term ``piracy as defined by the law of nations''
means robbery on the high seas and in the air.
(2) For the purposes of chapter 81, title 18, United States
Code, and chapter 7, title 33, United States Code, terms
``vessel'' includes ``aircraft'' and ``port'' include
``airport''.
SEC. 4. PUNISHMENTS FOR PIRACY.
Chapter 81 of title 18, United States Code, is amended--
(1) in section 1651--
(A) by inserting ``or in the skies'' after ``on the
high seas''; and
(B) by inserting ``or if death results, may be
sentenced to death'' after ``life'';
(2) in section 1652--
(A) by inserting ``or in the skies'' after ``on the
high seas''; and
(B) by inserting ``or, if death results may be
sentenced to death'' after ``life'';
(3) in section 1653--
(A) by inserting ``on land, or in the sky'' after
``on the sea''; and
(B) by inserting ``or, if death results may be
sentenced to death'' after ``life'';
(4) in section 1654--
(A) by inserting ``or within'' after ``without'';
(B) by inserting ``or any individual aboard any
such private vessel of war or privateer, whether it be
a ship or aircraft'' after ``privateer'';
(C) by striking ``fined under this title or''; and
(D) by striking ``not more than ten years or
both.'' and inserting ``for life.'';
(5) in section 1655--
(A) by inserting ``or an airman, including steward,
stewardess, pilot, copilot or other airplane officer''
after ``being a seaman'';
(B) by inserting ``, including the pilot or copilot
of an aircraft'' after ``upon his commander'';
(C) by inserting ``or persons'' after ``or goods'';
and
(D) by inserting ``or if death results, may be
sentenced to death'' after ``life'';
(6) in section 1656--
(A) by inserting ``or being a captain, pilot, or
other officer or service member of an aircraft'' after
``the United States,'';
(B) by inserting ``or flies'' after ``runs''; and
(C) by inserting ``or if death results, may be
sentenced to death'' after ``fined under this title'';
and
(7) in section 1657--
(A) by inserting ``or captain, pilot, copilot or
service member'' after ``mariner'';
(B) by inserting ``or fly'' after ``run'';
(C) by inserting ``or passenger'' after
``merchandise'';
(D) by inserting ``or in the skies'' after ``upon
the seas'' both places it appears;
(E) by inserting ``or being an airman confines the
pilot of any aircraft'' after ``of any vessel''; and
(F) before the dash by striking ``three'' and
inserting ``ten''.
SEC. 5. SUPPRESSION OF PIRACY.
(a) Expansion of Application of Piracy Laws.--For purposes of
sections 4293 through 4299b of the Revised Statutes of the United
States, as amended by this Act, each of the terms ``piratical
aggressions and depredation'' and ``act of piracy'' includes all such
aggressions, depredations, and other such acts whether committed upon
land or sea or in the air in relation to any ship or aircraft.
(b) Conforming Amendments.--The Revised Statutes of the United
States are amended as follows:
(1) In section 4293 (33 U.S.C. 381)--
(A) by inserting ``, including commercial
aircraft,'' after ``merchant vessels''; and
(B) by inserting ``, or of the citizens thereof,''
after ``the United States''.
(2) In section 4294 (33 U.S.C. 382), by inserting ``or in
the skies'' immediately after ``upon the high seas''.
(3) In section 4295 (33 U.S.C. 383)--
(A) by inserting ``and lawful passengers'' after
``crew''; and
(B) by inserting ``, including commercial
aircraft,'' after ``merchant vessel''.
(4) In section 4298 (33 U.S.C. 386)--
(A) by striking ``or the commanders of any other
suitable vessels,'' and inserting ``or the commander or
other leader of any other suitable entity operating
under the authority of any letters of marque and
reprisal granted by Congress''; and
(B) by inserting ``, or, whether on the high seas,
in the skies or on land, subdue, seize, and take
persons and property, using such force as may be
necessary to defend the lives, liberties, and property
of the citizens of the United States against piratical
aggressions and degradations, as authorized by any
letter of marque and reprisal granted by Congress''
after ``that section''.
(c) Treatment of Property and Persons Identified in Letter of
Marque and Reprisal.--The Revised Statutes of the United States are
further amended by inserting after section 4299 the following new
sections:
``Sec. 4299a. Property identified as subject to seizure under a
duly issued letter of marque and reprisal shall be deemed enemy
property and subject to confiscation and forfeiture, and further, shall
be deemed the property of the captors or of the United States in such
proportions as provided for in the letter of marque and reprisal
pursuant to which said property was seized.
``Sec. 4299b. Any person identified as subject to seizure under a
duly issued letter of marque and reprisal shall be deemed an enemy
belligerent of the United States and subject to court-martial
jurisdiction thereof for punishment of any violation of the laws of
nations, such person to be transferred into the custody of the United
States as provided for in the letter of marque and reprisal pursuant to
which such person was seized.''. | Air Piracy Reprisal and Capture Act of 2001 - Amends the Federal criminal code to expand provisions regarding: (1) piracy on the high seas to cover piracy in the skies and on land and, if death results, to authorize imposition of the death sentence; (2) arming or serving on privateers to increase penalties; (3) assault on a commander (as piracy) to cover assault on any airplane officer; (4) conversion or surrender of a vessel to cover aircraft and aircraft officers or service members and, if death results, to provide for the death sentence; and (5) corruption of seamen and confederating with pirates to cover aircraft and to increase penalties.Amends the Revised Statutes of the United States to expand the application of piracy laws to acts committed upon land or in the air. Modifies a provision regarding the commissioning of private vessels for seizure of piratical vessels to authorize the President to instruct the leader of any suitable entity operating under the authority of any letters of marque and reprisal granted by Congress, whether on the high seas, in the skies, or on land, to subdue, seize, and take persons and property, using force as necessary to defend the lives, liberties, and property of U.S. citizens. Deems: (1) property identified as subject to seizure under such a letter subject to confiscation and forfeiture; and (2) any person so identified as subject to seizure subject to court-martial jurisdiction and to transfer into U.S. custody. | {"src": "billsum_train", "title": "To amend title 18, United States Code, and the Revised Statutes of the United States to provide punishment for, and to authorize the issuance of letters of marque and reprisal against acts of air piracy."} | 1,842 | 339 | 0.599532 | 1.883757 | 0.701103 | 2.887719 | 5.849123 | 0.838596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Restoration Act''.
SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Annual priority list.--The term `annual priority
list' means the annual priority list compiled under subsection
(b).
``(2) Comprehensive plan.--The term `comprehensive plan'
means--
``(A) the comprehensive conservation and management
plan approved under section 320 for the San Francisco
Bay estuary; and
``(B) any amendments to that plan.
``(3) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, the entity that is
designated as the management conference under section 320.
``(b) Annual Priority List.--
``(1) In general.--After providing public notice, the
Administrator shall annually compile a priority list
identifying and prioritizing the activities, projects, and
studies intended to be funded with the amounts made available
under subsection (c).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include--
``(A) activities, projects, or studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the approved comprehensive plan;
``(B) information on the activities, projects,
programs, or studies specified under subparagraph (A),
including a description of--
``(i) the identities of the financial
assistance recipients; and
``(ii) the communities to be served; and
``(C) the criteria and methods established by the
Administrator for selection of activities, projects,
and studies.
``(3) Consultation.--In developing the priority list under
paragraph (1), the Administrator shall consult with and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed;
and
``(C) any other relevant stakeholder involved with
the protection and restoration of the San Francisco Bay
estuary that the Administrator determines to be
appropriate.
``(c) Grant Program.--
``(1) In general.--Pursuant to section 320, the
Administrator may provide funding through cooperative
agreements, grants, or other means to State and local agencies,
special districts, and public or nonprofit agencies,
institutions, and organizations, including the Estuary
Partnership, for activities, studies, or projects identified on
the annual priority list.
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided
to any individual or entity under this section for a
fiscal year shall not exceed an amount equal to 75
percent of the total cost of any eligible activities
that are to be carried out using those amounts.
``(B) Non-federal share.--The non-Federal share of
the total cost of any eligible activities that are
carried out using amounts provided under this section
shall be--
``(i) not less than 25 percent; and
``(ii) provided from non-Federal sources.
``(d) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $5,000,000 for each of fiscal years 2015 through 2019.
``(2) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year, the
Administrator shall use not more than 5 percent to pay
administrative expenses incurred in carrying out this section.
``(3) Relationship to other funding.--Nothing in this
section limits the eligibility of the Estuary Partnership to
receive funding under section 320(g).
``(4) Prohibition.--No amounts made available under
subsection (c) may be used for the administration of a
management conference under section 320.''. | San Francisco Bay Restoration Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide funding for prioritized activities, studies, or projects that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Funding may be provided through cooperative agreements, grants, or other means. Funding may not be used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Funding amounts provided under this Act may not exceed 75% of the total cost of eligible activities to be carried out using those amounts. This bill authorizes appropriations for the funding program through FY2019. | {"src": "billsum_train", "title": "San Francisco Bay Restoration Act"} | 951 | 151 | 0.579156 | 1.525813 | 0.705053 | 3.435115 | 6.618321 | 0.885496 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Habitat Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Complex seafloor habitats created by geologic
structures and structure-forming organisms are essential to the
maintenance of marine biodiversity and to numerous fish
species, including commercially and recreationally targeted
species, which rely on them for spawning, food, and shelter
from predation.
(2) The diverse fish and other marine species that are
associated with three-dimensional, structurally complex
seafloor habitats within the exclusive economic zone of the
United States--
(A) constitute valuable and renewable natural
resources;
(B) are an essential component of marine
biodiversity;
(C) contribute to the food supply, economy, and
health of the United States;
(D) support the economies of coastal communities;
and
(E) provide recreational opportunities.
(3) Living organisms, such as deep-sea corals and sponges,
which create complex habitat, have not been adequately studied
for their potential benefit to society or for their ecological
importance to fish species and other forms of marine life.
(4) Scientists now recognize deep-sea corals to be as
diverse as, and more widely distributed than, shallow, reef-
forming tropical corals.
(5) Deep-sea corals typically exhibit slow growth, extreme
longevity, and highly patchy distribution, predominating along
continental margins, sea mounts, and ridges.
(6) Deep-sea coral habitats are subject to growing human
pressures, particularly as a result of the rapid spread of
deep-sea trawl fisheries into new regions and new grounds,
aided by the explosive development of navigational, fish-
finding, and other technologies.
(7) The exceptional diversity, uniqueness, and
vulnerability of deep-sea corals necessitates that their
mapping and conservation be given a high priority.
(8) Bottom trawling reduces habitat complexity and
biological diversity by leveling geologic bedforms and by
killing, removing, crushing, burying, and exposing benthic
organisms, including deep-sea corals and sponges, to predators
and scavengers, thereby significantly reducing their value for
economically and ecologically important fishes and other marine
life. The resultant reduction in biodiversity is detrimental to
many commercially and recreationally important species and to
the industries and people that depend on them.
(9) In the past, the practice of bottom trawling was
conducted mainly on soft bottom areas, and was rarely used in
three-dimensional, structurally complex habitats.
(10) Technological modifications to bottom trawls,
including the creation of large rockhopper and roller gear and
chafing gear, facilitate the use of bottom trawls in rocky and
other complex marine habitats that were once refuges for fishes
and other marine life.
(11) The expansion in the use of bottom trawls from soft
bottom areas to three-dimensional, structurally complex
habitats over the past 25 years has had and continues to have
significant, adverse effects on the diversity and habitat
complexity of these areas, particularly on deep-sea corals and
sponges which, due to their fragility, slow growth, and
longevity, may take decades to centuries to recover from a
single pass of a trawl. With repeated trawling in the same
area, the damage may be irreversible.
(12) Numerous scientific studies show that bottom trawling
is especially damaging to three-dimensional, structurally
complex habitats such as corals, boulder fields, sponge beds,
and gravel bottoms. According to a National Research Council
report, ``there is enough information currently available to
support efforts to improve the management of the effects of
these fishing gears on seafloor habitats.''. (National Research
Council Report 2002, page 66).
(13) Prohibiting the use of large rockhopper, roller, and
other groundgear is a practical, precautionary, and enforceable
measure to protect structurally complex, benthic marine
habitats from the damaging effects of bottom trawling.
SEC. 3. PROHIBITION ON USE OF LARGE FOOTROPE DEVICES ON BOTTOM TRAWL
GEAR.
(a) Policy and Purpose.--
(1) Policy.--It is the policy of the United States that
essential fish habitat, including complexly structured bottom
habitats, be protected from damage in order to protect the
species that benefit from the habitat.
(2) Purpose.--The purpose of this section is to restrict
access of bottom trawls to complexly structured seafloor
habitats, composed of geologic and biogenic structures, that
are found scattered throughout the Federal exclusive economic
zone.
(b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by inserting ``(a) In General.--'' before ``It is
unlawful--''; and
(2) by adding at the end the following:
``(b) Bottom Trawl Fishing.--
``(1) Prohibition.--It is unlawful for any person to use a
bottom trawl with rollers, bobbins, tires, rockhoppers, or any
other devices that are affixed to the footrope (also known as
the sweep) and that are in excess of 8 inches in diameter, for
fishing that is subject to the jurisdiction of the United
States, including fishing by a vessel of the United States
beyond the equivalent of the exclusive economic zone of all
countries.
``(2) Exemption of fishing in certain areas.--Paragraph (1)
shall not apply to fishing in an area that is exempted by the
Secretary under paragraph (3).
``(3) Exempted fishing areas.--The Secretary may exempt
fishing in an area of the exclusive economic zone from the
prohibition under paragraph (1) if--
``(A) the Council having jurisdiction over the area
submits to the Secretary--
``(i) substantial evidence that--
``(I) the area is comprised
predominately of sand and mud bottom;
and
``(II) the use of rollers, bobbins,
or other rotating devices in excess of
8 inches in diameter that are affixed
to the footrope of bottom trawl nets
used for fishing in the area is
necessary to prevent a significant
increase from rates of bycatch of non-
target managed species as of the date
of the enactment of this subsection, or
to provide significant other benefits;
``(ii) the specific geographic boundaries
of the area; and
``(iii) a credible and effective vessel
monitoring plan that would require a vessel
monitoring system on board all vessels engaged
in bottom trawl fishing in the area; and
``(B) the Secretary--
``(i) determines that the evidence and plan
are satisfactory; and
``(ii) issues regulations that implement
the vessel monitoring plan.''.
(3) Effective date.--Section 307(b)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act, as amended by
this subsection, shall take effect upon the expiration of the
1-year period beginning on the date of the enactment of this
Act, and shall apply to fishing after that period.
(4) Rebuttable presumption.--Section 310(e) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1860(e)) is amended by adding at the end the following:
``(4) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer
boundary of the exclusive economic zone, or beyond the
equivalent zone of all countries, and that has on board gear
comprised of a trawl net with rollers, bobbins, tires,
rockhoppers, or any other devices attached to the footrope of
the trawl net that are in excess of 8 inches in diameter, is
engaged in fishing using such gear, unless--
``(A) the captain, master, or individual in charge
of the vessel has declared to the Secretary in the
manner prescribed by the Secretary in regulations,
prior to the trip, his or her intention to use the gear
in an area of mud or sand bottom covered by an
exemption under section 307(b)(3); and
``(B) the vessel has on board a functioning vessel
monitoring system required by regulations issued by the
Secretary under section 307(b)(3)(B)(ii).''.
SEC. 4. ASSISTANCE.
(a) Gear Transition Assistance.--The Secretary of Commerce may
provide to a person that is the owner of a qualified fishing vessel
under subsection (d), on a one-time basis, financial assistance in an
amount not to exceed $4,000 per qualified fishing vessel owned by the
person, to pay for any of the following:
(1) The depreciated cost of rockhoppers, rollers, tires,
bobbins, or other similar devices in excess of 8 inches in
diameter that are part of the fishing gear of the vessel on the
date of the enactment of this Act and that are disposed of in a
manner that is approved by the Secretary.
(2) The cost of converting trawl nets that are part of the
fishing gear of the vessel on the date of the enactment of this
Act to footrope gear that is 8 inches or less in diameter.
(b) Payment for Prompt Conversion.--The Secretary of Commerce may
provide to a person that is the owner of a qualified fishing vessel
under subsection (d) a one-time payment of $10,000, if the person, by
not later than 6 months after the date of the enactment of this Act--
(1) ceases to engage in trawling; and
(2) commits to not engage in fishing other than fishing
exclusively with fixed gear comprised solely of any combination
of fishpots, fishtraps, or hook-and-line gear.
(c) Economic Assistance.--
(1) Vessel owners and crews.--The Secretary of Commerce
shall, based on such factors as the Secretary considers to be
relevant, provide economic assistance to--
(A) the owner of a qualified fishing vessel who--
(i) applies within 6 months after the date
of the enactment of this Act, in the manner
prescribed by the Secretary in regulations, to
cease fishing in bottom trawl fisheries; and
(ii) does not continue fishing in other
fisheries; and
(B) any individual who is a member of the crew of a
qualified fishing vessel the owner of which applies
within 6 months after the date of the enactment of this
Act to cease fishing in bottom trawl fisheries.
(2) Included assistance.--Economic assistance under this
subsection may include--
(A) income assistance--
(i) for a period of not to exceed 2-years;
and
(ii) in an amount not to exceed the amount
of income earned by the vessel owner or crew
member, as applicable, in the taxable year
preceding the date of the application for
assistance that is attributable to the fishing
vessel or employment on the qualified fishing
vessel, as reported to the Internal Revenue
Service; and
(B) funds for training for nonfishery employment
that the Secretary determines reasonable, for a period
of not to exceed 2 years.
(3) Report.--The Secretary of Commerce shall, by not later
than 12 months after the date of the enactment of this Act,
submit a report to the Congress estimating the costs of
implementing this subsection.
(d) Qualified Fishing Vessels.--A vessel shall be a qualified
fishing vessel for purposes of this section if it is a vessel of the
United States authorized to be used for trawl fishing by a permit under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) that is in effect on date of enactment of this Act.
(e) Prohibition on Issuance of Trawl Permit.--The Secretary of
Commerce shall not issue any permit that authorizes trawl fishing by an
individual who receives economic assistance under this section.
SEC. 5. SCIENTIFIC INFORMATION ON SEAFLOOR HABITAT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the United States Geological Survey, shall--
(1) undertake a program to collect, and make available to
Regional Fishery Management Councils, information and maps on
the existence, location, composition, condition, and protected
status of the diverse bottom habitats of the exclusive economic
zone of the United States; and
(2) complete such program within 10 years after the date of
the enactment of this Act.
(b) Cooperation of Other Agencies and Councils.--The head of each
Federal agency and each Regional Fishery Management Council shall
cooperate with the Secretary to provide relevant information for
purposes of this section.
(c) Use of Information by Councils.--Each Regional Fishery
Management Council shall use the information made available by the
Secretary under subsection (a) as appropriate to make determinations
otherwise required by law regarding seafloor habitats that should be
protected from bottom trawling, other types of fishing gear, and other
types of human impacts.
(d) Reports.--The Secretary shall report to the Congress on the
progress made in carrying out the program under subsection (a), by not
later than 1 year after the date of the enactment of this Act and
annually thereafter.
SEC. 6. APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce--
(1) $8,000,000 for providing gear transition assistance
under section 4(a);
(2) such sums as may be necessary for--
(A) making payments under section 4(b); and
(B) providing economic assistance under section
4(c); and
(3) $100,000,000 for carrying out section 5. | Ocean Habitat Protection Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit the use of bottom trawls with rollers, bobbins, tires, rockhoppers, or any other device affixed to the footrope and in excess of eight inches in diameter, for fishing that is subject to the jurisdiction of the United States, including fishing by a U.S. vessel beyond the equivalent of the exclusive economic zone of all countries.
Permits the Secretary of Commerce or his designee to exempt from this prohibition fishing in the exclusive economic zone if the Council having jurisdiction over the area submits to the Secretary: (1) substantial evidence that the area is composed predominately of sand and mud bottom and that the prohibited devices are necessary to prevent a significant increase from rates of bycatch of non-target managed species, or to provide other significant benefits; (2) the geographic boundaries of the area; and (3) a credible and effective vessel monitoring plan of bottom trawl fishing in the area that is adopted by the Secretary.Authorizes the Secretary to provide to the owner of a qualified fishing vessel: (1) the depreciated cost of prohibited fishing devices that are part of the fishing gear of a vessel on the date of the enactment of this Act, and are disposed of in an approved manner; (2) the cost of converting trawl nets to compliance; and (3) payment for cessation of trawling.Requires the Secretary to provide economic assistance to the owners and crew members of any qualified fishing vessel that ceases fishing in bottom trawl fisheries and does not continue fishing in other fisheries.Requires the Secretary to undertake a program to collect, and make available to Regional Fishery Management Councils, information and maps on diverse bottom habitats of the exclusive U.S. economic zone. | {"src": "billsum_train", "title": "To protect diverse and structurally complex areas of the seafloor in the United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other groundgear used on bottom trawls, and for other purposes."} | 3,135 | 414 | 0.486873 | 1.606916 | 0.687271 | 4.78806 | 8.268657 | 0.949254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Enforcement and
Security Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Criminal enforcement program.--The term ``criminal
enforcement program'' means the criminal enforcement program of
the Criminal Investigation Division of the Office of Criminal
Enforcement, Forensics, and Training of the Environmental
Protection Agency.
(3) Special agent.--The term ``special agent'' means a
Special Agent in the Criminal Investigation Division of the
Office of Criminal Enforcement, Forensics, and Training of the
Environmental Protection Agency.
SEC. 3. CRIMINAL ENFORCEMENT.
(a) In General.--The Administrator shall increase the number of
special agents assigned to the criminal enforcement program as
necessary to ensure that the total number of special agents assigned to
the criminal enforcement program--
(1) by September 30, 2005, is at least 330;
(2) by September 30, 2006, is at least 340; and
(3) by September 30, 2007, is at least 355.
(b) Homeland Security and Protective Service Duties.--Not later
than September 30, 2005, the Administrator shall ensure that at least
80 special agents are assigned to homeland security and protective
service duties.
(c) Administrative Support Staff.--The Administrator shall maintain
a number of administrative support staff to support special agents that
is not less than 10 percent of the number of special agents.
SEC. 4. HOMELAND SECURITY DUTIES OF SPECIAL AGENTS.
The Administrator may assign special agents from the criminal
enforcement program--
(1) to support crisis management and consequence management
activities during terrorism attacks;
(2) to support the anti-terrorism and counter-terrorism
efforts of the Department of Homeland Security and the
Department of Justice to detect, prevent, prepare for, protect
against, respond to, and recover from terrorist attacks; and
(3) to provide protective service duties.
SEC. 5. DRINKING WATER INFRASTRUCTURE PROTECTION.
(a) In General.--The Administrator may provide grants to drinking
water systems to improve the security of those facilities against
terrorist attack.
(b) Criteria.--The Administrator shall distribute the grants based
on criteria, developed jointly with the Secretary of the Department of
Homeland Security, that consider--
(1) population density; or
(2) service to critical national assets.
(c) Water Information Sharing and Analysis Center.--The
Administrator shall provide for the operation of the Water Information
Sharing and Analysis Center at no cost to subscribers.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Criminal Enforcement.--There are authorized to be appropriated
to carry out section 3--
(1) $54,450,000 for fiscal year 2005;
(2) $57,970,000 for fiscal year 2006; and
(3) $62,480,000 for fiscal year 2007.
(b) Enforcement Training.--There are authorized to be appropriated
to train Federal, State, and local lawyers, inspectors, civil and
criminal investigators, and technical experts in the enforcement of
environmental laws--
(1) $6,000,000 for fiscal year 2005;
(2) $9,000,000 for fiscal year 2006; and
(3) $12,000,000 for fiscal year 2007.
(c) Compliance Assistance.--To improve compliance with
environmental laws and reduce risk to human health and the environment,
there are authorized to be appropriated to provide information and
technical assistance to the individuals and entities that are subject
to regulation under this or any other Federal environmental law to
increase the understanding of those individuals and entities of
statutory and regulatory environmental requirements--
(1) $37,000,000 for fiscal year 2005;
(2) $47,000,000 for fiscal year 2006; and
(3) $55,000,000 for fiscal year 2007.
(d) Enforcement Targeting.--There are authorized to be appropriated
to develop and use strategic targeting tools to assist the
Administrator and States in compliance assistance and civil and
criminal enforcement activities--
(1) $5,000,000 for fiscal year 2005;
(2) $5,150,000 for fiscal year 2006; and
(3) $5,300,000 for fiscal year 2007.
(e) Authorizations of Appropriations.--
(1) Drinking water infrastructure protection.--There is
authorized to be appropriated to carry out section 5(a)
$100,000,000, to remain available until expended.
(2) Water information sharing and analysis center.--There
is authorized to be appropriated to carry out section 5(c)
$5,000,000 for each fiscal year. | Environmental Enforcement and Security Act of 2004 - Requires the Administrator of the Environmental Protection Agency (EPA) to increase the number of special agents assigned to the EPA's criminal enforcement program, with a specified number of those agents to be assigned to homeland security and protective service duties.
Authorizes the Administrator to assign special agents from the program to: (1) support crisis management and consequence management activities during terrorist attacks; (2) support the anti-terrorism and counter-terrorism efforts of the Departments of Homeland Security and Justice; and (3) provide protective service duties.
Authorizes the Administrator to provide grants to improve the security of drinking water systems against terrorist attacks.
Requires the Administrator to provide for the operation of the Water Information Sharing and Analysis Center at no cost to subscribers. | {"src": "billsum_train", "title": "A bill to improve environmental enforcement and security."} | 949 | 160 | 0.692128 | 1.857307 | 0.81538 | 4.117647 | 5.960784 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Response and
Loan Improvements Act of 2007''.
SEC. 2. PRIVATE DISASTER LOANS.
(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means a county,
parish, or similar unit of general local government in
which a disaster was declared under subsection (b);
``(B) the term `eligible small business concern'
means a business concern that is--
``(i) a small business concern, as defined
in this Act; or
``(ii) a small business concern, as defined
in section 103 of the Small Business Investment
Act of 1958; and
``(C) the term `qualified private lender' means any
privately-owned bank or other lending institution that
the Administrator determines meets the criteria
established under paragraph (9).
``(2) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled on any
loan issued by a qualified private lender to an eligible small
business concern located in a disaster area.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized
under subsection (a) or (b).
``(4) Online applications.--
``(A) Establishment.--The Administrator may
establish, directly or through an agreement with
another entity, an online application process for loans
guaranteed under this subsection.
``(B) Other federal assistance.--The Administrator
may coordinate with the head of any other appropriate
Federal agency so that any application submitted
through an online application process established under
this paragraph may be considered for any other Federal
assistance program for disaster relief.
``(C) Consultation.--In establishing an online
application process under this paragraph, the
Administrator shall consult with appropriate persons
from the public and private sectors, including private
lenders.
``(5) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amounts.--The maximum amount of a loan
guaranteed under this subsection shall be $2,000,000.
``(6) Loan term.--The longest term of a loan for a loan
guaranteed under this subsection shall be--
``(A) 15 years for any loan that is issued without
collateral; and
``(B) 25 years for any loan that is issued with
collateral.
``(7) Fees.--
``(A) In general.--The Administrator may not
collect a guarantee fee under this subsection.
``(B) Origination fee.--The Administrator may pay a
qualified private lender an origination fee for a loan
guaranteed under this subsection in an amount agreed
upon in advance between the qualified private lender
and the Administrator.
``(8) Documentation.--A qualified private lender may use
its own loan documentation for a loan guaranteed by the
Administrator, to the extent authorized by the Administrator.
The ability of a lender to use its own loan documentation for a
loan offered under this subsection shall not be considered part
of the criteria for becoming a qualified private lender under
the regulations promulgated under paragraph (9).
``(9) Implementation regulations.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Small Business Disaster
Response and Loan Improvements Act of 2007, the
Administrator shall issue final regulations
establishing permanent criteria for qualified private
lenders.
``(B) Report to congress.--Not later than 6 months
after the date of enactment of the Small Business
Disaster Response and Loan Improvements Act of 2007,
the Administrator shall submit a report on the progress
of the regulations required by subparagraph (A) to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives.
``(10) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out
this subsection shall be made available from amounts
appropriated to the Administration under subsection
(b).
``(B) Authority to reduce interest rates.--Funds
appropriated to the Administration to carry out this
subsection may be used by the Administrator, to the
extent available, to reduce the applicable rate of
interest for a loan guaranteed under this subsection by
not more than 3 percentage points.''.
(b) Effective Date.--The amendments made by this section shall
apply to disasters declared under section 7(b)(2) of the Small Business
Act (631 U.S.C. 636(b)(2)) before, on, or after the date of enactment
of this Act.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and
inserting ``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph
(1) of subsection (c)'' and inserting ``That the
provisions of paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of
any other law the interest rate on the Administration's
share of any loan made under subsection (b) except as
provided in subsection (c),'' and inserting
``Notwithstanding any other provision of law, and
except as provided in subsection (d), the interest rate
on the Administration's share of any loan made under
subsection (b)''. | Small Business Disaster Response and Loan Improvements Act of 2007 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to: (1) guarantee the payment of principal and interest on private lender loans to small businesses located in a disaster area; and (2) make disaster loans to private nonprofit organizations located or operating in a disaster area. Increases disaster loan caps. | {"src": "billsum_train", "title": "To improve the disaster loan program of the Small Business Administration, and for other purposes."} | 1,385 | 82 | 0.590475 | 1.394828 | 0.964123 | 2.766234 | 16.675325 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Drug Savings Act of 2011''.
SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS
DISPENSED TO LOW-INCOME INDIVIDUALS.
(a) In General.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
(1) in subsection (e)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (f)'' after
``this subsection''; and
(2) by adding at the end the following new subsection:
``(f) Prescription Drug Rebate Agreement for Rebate Eligible
Individuals.--
``(1) Requirement.--
``(A) In general.--For plan years beginning on or
after January 1, 2013, in this part, the term `covered
part D drug' does not include any drug or biological
product that is manufactured by a manufacturer that has
not entered into and have in effect a rebate agreement
described in paragraph (2).
``(B) 2012 plan year requirement.--Any drug or
biological product manufactured by a manufacturer that
declines to enter into a rebate agreement described in
paragraph (2) for the period beginning on January 1,
2012, and ending on December 31, 2012, shall not be
included as a `covered part D drug' for the subsequent
plan year.
``(2) Rebate agreement.--A rebate agreement under this
subsection shall require the manufacturer to provide to the
Secretary a rebate for each rebate period (as defined in
paragraph (6)(B)) ending after December 31, 2011, in the amount
specified in paragraph (3) for any covered part D drug of the
manufacturer dispensed after December 31, 2011, to any rebate
eligible individual (as defined in paragraph (6)(A)) for which
payment was made by a PDP sponsor or MA organization under this
part for such period, including payments passed through the
low-income and reinsurance subsidies under sections 1860D-14
and 1860D-15(b), respectively. Such rebate shall be paid by the
manufacturer to the Secretary not later than 30 days after the
date of receipt of the information described in section 1860D-
12(b)(7), including as such section is applied under section
1857(f)(3), or 30 days after the receipt of information under
subparagraph (D) of paragraph (3), as determined by the
Secretary. Insofar as not inconsistent with this subsection,
the Secretary shall establish terms and conditions of such
agreement relating to compliance, penalties, and program
evaluations, investigations, and audits that are similar to the
terms and conditions for rebate agreements under paragraphs (3)
and (4) of section 1927(b).
``(3) Rebate for rebate eligible medicare drug plan
enrollees.--
``(A) In general.--The amount of the rebate
specified under this paragraph for a manufacturer for a
rebate period, with respect to each dosage form and
strength of any covered part D drug provided by such
manufacturer and dispensed to a rebate eligible
individual, shall be equal to the product of--
``(i) the total number of units of such
dosage form and strength of the drug so
provided and dispensed for which payment was
made by a PDP sponsor or an MA organization
under this part for the rebate period,
including payments passed through the low-
income and reinsurance subsidies under sections
1860D-14 and 1860D-15(b), respectively; and
``(ii) the amount (if any) by which--
``(I) the Medicaid rebate amount
(as defined in subparagraph (B)) for
such form, strength, and period,
exceeds
``(II) the average Medicare drug
program rebate eligible rebate amount
(as defined in subparagraph (C)) for
such form, strength, and period.
``(B) Medicaid rebate amount.--For purposes of this
paragraph, the term `Medicaid rebate amount' means,
with respect to each dosage form and strength of a
covered part D drug provided by the manufacturer for a
rebate period--
``(i) in the case of a single source drug
or an innovator multiple source drug, the
amount specified in paragraph (1)(A)(ii)(II) or
(2)(C) of section 1927(c) plus the amount, if
any, specified in subparagraph (A)(ii) of
paragraph (2) of such section, for such form,
strength, and period; or
``(ii) in the case of any other covered
outpatient drug, the amount specified in
paragraph (3)(A)(i) of such section for such
form, strength, and period.
``(C) Average medicare drug program rebate eligible
rebate amount.--For purposes of this subsection, the
term `average Medicare drug program rebate eligible
rebate amount' means, with respect to each dosage form
and strength of a covered part D drug provided by a
manufacturer for a rebate period, the sum, for all PDP
sponsors under part D and MA organizations
administering an MA-PD plan under part C, of--
``(i) the product, for each such sponsor or
organization, of--
``(I) the sum of all rebates,
discounts, or other price concessions
(not taking into account any rebate
provided under paragraph (2) or any
discounts under the program under
section 1860D-14A) for such dosage form
and strength of the drug dispensed,
calculated on a per-unit basis, but
only to the extent that any such
rebate, discount, or other price
concession applies equally to drugs
dispensed to rebate eligible Medicare
drug plan enrollees and drugs dispensed
to PDP and MA-PD enrollees who are not
rebate eligible individuals; and
``(II) the number of the units of
such dosage and strength of the drug
dispensed during the rebate period to
rebate eligible individuals enrolled in
the prescription drug plans
administered by the PDP sponsor or the
MA-PD plans administered by the MA
organization; divided by
``(ii) the total number of units of such
dosage and strength of the drug dispensed
during the rebate period to rebate eligible
individuals enrolled in all prescription drug
plans administered by PDP sponsors and all MA-
PD plans administered by MA organizations.
``(D) Use of estimates.--The Secretary may
establish a methodology for estimating the average
Medicare drug program rebate eligible rebate amounts
for each rebate period based on bid and utilization
information under this part and may use these estimates
as the basis for determining the rebates under this
section. If the Secretary elects to estimate the
average Medicare drug program rebate eligible rebate
amounts, the Secretary shall establish a reconciliation
process for adjusting manufacturer rebate payments not
later than 3 months after the date that manufacturers
receive the information collected under section 1860D-
12(b)(7)(B).
``(4) Length of agreement.--The provisions of paragraph (4)
of section 1927(b) (other than clauses (iv) and (v) of
subparagraph (B)) shall apply to rebate agreements under this
subsection in the same manner as such paragraph applies to a
rebate agreement under such section.
``(5) Other terms and conditions.--The Secretary shall
establish other terms and conditions of the rebate agreement
under this subsection, including terms and conditions related
to compliance, that are consistent with this subsection.
``(6) Definitions.--In this subsection and section 1860D-
12(b)(7):
``(A) Rebate eligible individual.--The term `rebate
eligible individual' means--
``(i) a subsidy eligible individual (as
defined in section 1860D-14(a)(3)(A));
``(ii) a Medicaid beneficiary treated as a
subsidy eligible individual under clause (v) of
section 1860D-14(a)(3)(B); and
``(iii) any part D eligible individual not
described in clause (i) or (ii) who is
determined for purposes of the State plan under
title XIX to be eligible for medical assistance
under clause (i), (iii), or (iv) of section
1902(a)(10)(E).
``(B) Rebate period.--The term `rebate period' has
the meaning given such term in section 1927(k)(8).''.
(b) Reporting Requirement for the Determination and Payment of
Rebates by Manufactures Related to Rebate for Rebate Eligible Medicare
Drug Plan Enrollees.--
(1) Requirements for pdp sponsors.--Section 1860D-12(b) of
the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(7) Reporting requirement for the determination and
payment of rebates by manufacturers related to rebate for
rebate eligible medicare drug plan enrollees.--
``(A) In general.--For purposes of the rebate under
section 1860D-2(f) for contract years beginning on or
after January 1, 2013, each contract entered into with
a PDP sponsor under this part with respect to a
prescription drug plan shall require that the sponsor
comply with subparagraphs (B) and (C).
``(B) Report form and contents.--Not later than a
date specified by the Secretary, a PDP sponsor of a
prescription drug plan under this part shall report to
each manufacturer--
``(i) information (by National Drug Code
number) on the total number of units of each
dosage, form, and strength of each drug of such
manufacturer dispensed to rebate eligible
Medicare drug plan enrollees under any
prescription drug plan operated by the PDP
sponsor during the rebate period;
``(ii) information on the price discounts,
price concessions, and rebates for such drugs
for such form, strength, and period;
``(iii) information on the extent to which
such price discounts, price concessions, and
rebates apply equally to rebate eligible
Medicare drug plan enrollees and PDP enrollees
who are not rebate eligible Medicare drug plan
enrollees; and
``(iv) any additional information that the
Secretary determines is necessary to enable the
Secretary to calculate the average Medicare
drug program rebate eligible rebate amount (as
defined in paragraph (3)(C) of such section),
and to determine the amount of the rebate
required under this section, for such form,
strength, and period.
Such report shall be in a form consistent with a
standard reporting format established by the Secretary.
``(C) Submission to secretary.--Each PDP sponsor
shall promptly transmit a copy of the information
reported under subparagraph (B) to the Secretary for
the purpose of audit oversight and evaluation.
``(D) Confidentiality of information.--The
provisions of subparagraph (D) of section 1927(b)(3),
relating to confidentiality of information, shall apply
to information reported by PDP sponsors under this
paragraph in the same manner that such provisions apply
to information disclosed by manufacturers or
wholesalers under such section, except--
``(i) that any reference to `this section'
in clause (i) of such subparagraph shall be
treated as being a reference to this section;
``(ii) the reference to the Director of the
Congressional Budget Office in clause (iii) of
such subparagraph shall be treated as including
a reference to the Medicare Payment Advisory
Commission; and
``(iii) clause (iv) of such subparagraph
shall not apply.
``(E) Oversight.--Information reported under this
paragraph may be used by the Inspector General of the
Department of Health and Human Services for the
statutorily authorized purposes of audit,
investigation, and evaluations.
``(F) Penalties for failure to provide timely
information and provision of false information.--In the
case of a PDP sponsor--
``(i) that fails to provide information
required under subparagraph (B) on a timely
basis, the sponsor is subject to a civil money
penalty in the amount of $10,000 for each day
in which such information has not been
provided; or
``(ii) that knowingly (as defined in
section 1128A(i)) provides false information
under such subparagraph, the sponsor is subject
to a civil money penalty in an amount not to
exceed $100,000 for each item of false
information.
Such civil money penalties are in addition to other
penalties as may be prescribed by law. The provisions
of section 1128A (other than subsections (a) and (b))
shall apply to a civil money penalty under this
subparagraph in the same manner as such provisions
apply to a penalty or proceeding under section
1128A(a).''.
(2) Application to ma organizations.--Section 1857(f)(3) of
the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended
by adding at the end the following:
``(D) Reporting requirement related to rebate for
rebate eligible medicare drug plan enrollees.--Section
1860D-12(b)(7).''.
(c) Deposit of Rebates Into Medicare Prescription Drug Account.--
Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c))
is amended by adding at the end the following new paragraph:
``(6) Rebate for rebate eligible medicare drug plan
enrollees.--Amounts paid under a rebate agreement under section
1860D-2(f) shall be deposited into the Account.''.
(d) Exclusion From Determination of Best Price and Average
Manufacturer Price Under Medicaid.--
(1) Exclusion from best price determination.--Section
1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C.
1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts
paid under a rebate agreement under section 1860D-2(f)'' after
``this section''.
(2) Exclusion from average manufacturer price
determination.--Section 1927(k)(1)(B)(i) of the Social Security
Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended--
(A) in subclause (IV), by striking ``and'' after
the semicolon;
(B) in subclause (V), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(VI) amounts paid under a rebate
agreement under section 1860D-2(f).''. | Medicare Drug Savings Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require drug manufacturers to pay the Secretary of Health and Human Services (HHS) drug rebates for rebate eligible (low-income) individuals. Excludes from Medicare coverage as a part D drug any drug or biological manufactured by a manufacturer that has not entered into and have in effect a rebate agreement with the Secretary.
Requires a rebate agreement to require a drug or biological manufacturer to provide to the Secretary a rebate, determined according to a specified formula, for each rebate period ending after December 31, 2011, for any covered Medicare part D drug dispensed after that date to any rebate eligible individual for which payment was made by a prescription drug plan (PDP) sponsor or MedicareAdvantage (MA) organization for such period.
Specifies a formula for determination of Medicaid rebate amounts for such drugs or biologicals.
Amends SSA title XIX (Medicaid) to exclude any amounts paid under a rebate agreement from the determination of best price and average manufacturer price under the Medicaid program. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to require drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals under the Medicare prescription drug benefit program."} | 3,288 | 259 | 0.706818 | 2.001502 | 0.742332 | 3.123853 | 13.114679 | 0.912844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Defense Accountability Act of
2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 13, 2018, a ballistic missile alert reading:
``BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE
SHELTER. THIS IS NOT A DRILL'' was sent in error to individuals
in the State of Hawaii, and was not corrected for 38 minutes,
traumatizing Hawaii residents and visitors.
(2) The National Security Strategy of the President, dated
December 18, 2017, noted the following:
(A) ``As missiles grow in numbers, types, and
effectiveness, to include those with greater ranges,
they are the most likely means for states like North
Korea to use a nuclear weapon against the United
States.''.
(B) North Korea ``has spent hundreds of millions of
dollars on nuclear, chemical, and biological weapons
that could threaten our homeland''.
(C) ``North Korea seeks the capability to kill
millions of Americans with nuclear weapons.''.
(3) Due to the heightened threat level of conflict with
North Korea, the State of Hawaii has begun to implement monthly
outdoor warning siren system tests for the first time since the
end of the Cold War.
(4) According to the Hawaii Emergency Management Agency, a
North Korean ballistic missile would reach Hawaii approximately
20 minutes after launch.
(5) According to the Missile Defense Agency,
``sophisticated ballistic missile technology is available on a
wider scale than ever to countries hostile to the U.S. and our
allies. As those countries continue to develop and exchange
this technology, there is also an increasing threat of those
technologies falling into the hands of hostile non-state
groups.''.
SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DEFENSE NOTIFICATION
PROTOCOLS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of the Federal Communications Commission and the Secretary
of Homeland Security, shall submit to Congress a report regarding
current notification protocols regarding ballistic missile threats.
Such report shall include assessments of notifications required under
Federal law or regulations--
(1) after a ballistic missile threat is identified,
including notifications to Federal and State entities;
(2) during a ballistic missile threat, including
communications between Federal and State entities; and
(3) regarding ballistic missile impact warnings to Federal
and State entities and the general public.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES.
(a) Study.--(1) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Federal Emergency Management Agency, shall conduct a study
to identify best practices of the States selected under paragraph (2)
regarding civil defense emergencies. Such study shall identify the
following:
(A) Plans of each State regarding communications
between State, local, and Federal entities before,
during, and after a civil defense emergency.
(B) Plans of each State to communicate with
residents before, during, and after a civil defense
emergency.
(C) Plans of each State to educate residents
regarding civil defense emergencies.
(D) Security plans of each State and local law
enforcement agencies of each State regarding civil
defense emergencies.
(E) Contingency plans of each State to deliver aid,
food, water, and temporary shelter in a civil defense
emergency.
(2) The Secretary of Homeland Security shall select not fewer than
13 States to participate in the study under this subsection,
including--
(A) Hawaii, Alaska, California, and Washington;
(B) not fewer than five other States that border on an
ocean or the Gulf of Mexico; and
(C) not fewer than five other States that do not so border
an ocean or the Gulf of Mexico.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report regarding the following:
(A) The study under subsection (a).
(B) Deficiencies identified by the Secretary in
existing State practices regarding civil defense
emergencies.
(C) Best practices identified by the Secretary
regarding civil defense emergencies.
(D) Best modes and methods used to provide public
instructions once a civil defense emergency is
declared.
(E) Plans of the Secretary to improve outreach to
the general public regarding civil defense emergencies.
(2) Form.--The report required under this subsection shall
be submitted in unclassified form, but may contain a classified
annex.
(3) Dissemination to the states.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall disseminate the unclassified portions
of the report required under this subsection to the chief
executive of each State.
SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC MISSILE FALSE ALARM
THAT OCCURRED ON JANUARY 13, 2018.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, each key official shall submit to Congress an
unclassified report, with a classified annex if necessary, regarding
the actions of the respective Federal department or agency of the key
official with respect to the ballistic missile false alarm that
occurred on January 13, 2018, in the State of Hawaii. Each report under
this section shall include recommendations of the key official who
submits each such report regarding corrective actions that such key
official determines will diminish the possibility of another ballistic
missile false alarm.
(b) Publication.--Each key official who submits a report under
subsection (a) shall publish on a publicly available website of the
respective Federal department or agency of each such key official the
unclassified portion of each such report.
(c) Key Official Defined.--In this section, the term ``key
official'' includes--
(1) the Secretary of Defense;
(2) the Administrator of the Federal Emergency Management
Agency; and
(3) the Director of the Federal Communications Commission.
SEC. 6. PUBLIC HEALTH RECOMMENDATIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Office of the Assistant Secretary for Preparedness
and Response of the Department of Health and Human Services, shall
submit to Congress and publish online a report regarding the ability of
the Department and health care providers to respond to attacks in the
United States with biological, chemical, radiological, or nuclear
weapons. The report under this section shall include the following:
(1) Assessments of current readiness of the Department and
health care providers to respond to such attacks.
(2) Recommendations to Congress and to health care
providers that the Secretary determines will improve readiness
described in paragraph (1).
(b) Outreach.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
develop and implement a public outreach program in coordination with
State and local government entities regarding recommendations contained
in the report required under subsection (a).
(c) Grants.--The Secretary of Health and Human Services shall take
into consideration the recommendations in the report required under
subsection (a) when issuing grants under the Public Health Emergency
Preparedness cooperative agreement and the Hospital Preparedness
Program.
SEC. 7. DEFINITION.
In this Act, the term ``State'' means each of the several States of
the United States, the District of Columbia, and any territory,
commonwealth, or possession of the United States. | Civil Defense Accountability Act of 2018 This bill directs the Department of Defense (DOD), in coordination with the Federal Communications Commission (FCC) and the Department of Homeland Security (DHS), to report to Congress regarding current notification protocols for ballistic missile threats. The Federal Emergency Management Agency (FEMA) must conduct, and report on, a study to identify best practices of at least 13 states, including Hawaii, Alaska, California, Washington, and other states bordering or not bordering on an ocean or the Gulf of Mexico, regarding civil defense emergencies. The bill requires key officials (defined to include the heads of DOD, FEMA, and the FCC) to submit to Congress and make publicly available unclassified reports on the actions of their respective departments or agencies regarding the ballistic missile false alarm that occurred on January 13, 2018, in Hawaii. Each report shall include recommendations for corrective actions to diminish the possibility of another ballistic missile false alarm. The Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services (HHS) must submit to Congress and publish online a report regarding the ability of HHS and health care providers to respond to attacks in the United States with biological, chemical, radiological, or nuclear weapons. HHS must (1) develop and implement a public outreach program in coordination with state and local governments regarding recommendations in such report for improving readiness in responding to such attacks, and (2) consider the report's recommendations when issuing grants under the Public Health Emergency Preparedness cooperative agreement and the Hospital Preparedness Program. | {"src": "billsum_train", "title": "Civil Defense Accountability Act of 2018"} | 1,711 | 324 | 0.582963 | 1.865587 | 0.771565 | 4.464883 | 5.421405 | 0.892977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection and Family Support
Act of 2017''.
SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN A
LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR
SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42 U.S.C.
672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed residential
family-based treatment facility, but only to the extent
permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section, or who would be
eligible for the payments if the eligibility were determined
without regard to paragraphs (1)(B) and (3) of subsection (a),
shall be eligible for the payments for a period of not more
than 12 months during which the child is placed with a parent
who is in a licensed residential family-based treatment
facility for substance abuse, but only if--
``(A) the recommendation for the placement is
specified in the child's case plan before the
placement;
``(B) the treatment facility provides, as part of
the treatment for substance abuse, parenting skills
training, parent education, and individual and family
counseling; and
``(C) the substance abuse treatment, parenting
skills training, parent education, and individual and
family counseling is provided under an organizational
structure and treatment framework that involves
understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph (1),
only the children who satisfy the requirements of paragraphs
(1)(B) and (3) of subsection (a) shall be considered to be
children with respect to whom foster care maintenance payments
are made under this section for purposes of subsection (h) or
section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of the Social Security
Act (42 U.S.C. 674(a)(1)) is amended by inserting ``subject to section
472(j),'' before ``an amount equal to the Federal''.
SEC. 3. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES
AFFECTED BY SUBSTANCE ABUSE.
Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is
amended--
(1) in the subsection heading, by striking ``Increase the
Well-being of, and to Improve the Permanency Outcomes for,
Children Affected by'' and inserting ``Implement IV-E
Prevention Services, and Improve the Well-Being of, and Improve
Permanency Outcomes for, Children and Families Affected by
Methamphetamine, Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection,
the term `regional partnership' means a collaborative agreement
(which may be established on an interstate, State, or
intrastate basis) entered into by the following:
``(A) Mandatory partners for all partnership
grants.--
``(i) The State child welfare agency that
is responsible for the administration of the
State plan under this part and part E.
``(ii) The State agency responsible for
administering the substance abuse prevention
and treatment block grant provided under
subpart II of part B of title XIX of the Public
Health Service Act.
``(B) Mandatory partners for partnership grants
proposing to serve children in out-of-home
placements.--If the partnership proposes to serve
children in out-of-home placements, the Juvenile Court
or Administrative Office of the Court that is most
appropriate to oversee the administration of court
programs in the region to address the population of
families who come to the attention of the court due to
child abuse or neglect.
``(C) Optional partners.--At the option of the
partnership, any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service
providers.
``(iii) For-profit child welfare service
providers.
``(iv) Community health service providers,
including substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or
a consortia of the agencies).
``(ix) Any other providers, agencies,
personnel, officials, or entities that are
related to the provision of child and family
services under a State plan approved under this
subpart.
``(D) Exception for regional partnerships where the
lead applicant is an indian tribe or tribal
consortia.--If an Indian tribe or tribal consortium
enters into a regional partnership for purposes of this
subsection, the Indian tribe or tribal consortium--
``(i) may (but is not required to) include
the State child welfare agency as a partner in
the collaborative agreement;
``(ii) may not enter into a collaborative
agreement only with tribal child welfare
agencies (or a consortium of the agencies); and
``(iii) if the condition described in
paragraph (2)(B) applies, may include tribal
court organizations in lieu of other judicial
partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and
inserting ``2018 through 2022''; and
(ii) by striking ``$500,000 and not more
than $1,000,000'' and inserting ``$250,000 and
not more than $1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
inserting ``; planning'' after ``approval'';
(ii) in clause (i), by striking ``clause
(ii)'' and inserting ``clauses (ii) and
(iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant
awarded under this subsection shall be
disbursed in 2 phases: a planning phase (not to
exceed 2 years); and an implementation phase.
The total disbursement to a grantee for the
planning phase may not exceed $250,000, and may
not exceed the total anticipated funding for
the implementation phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No
payment shall be made under subparagraph (A) or (C) for
a fiscal year until the Secretary determines that the
eligible partnership has made sufficient progress in
meeting the goals of the grant and that the members of
the eligible partnership are coordinating to a
reasonable degree with the other members of the
eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``,
parents, and families'' after ``children'';
(ii) in clause (ii), by striking ``safety
and permanence for such children; and'' and
inserting ``safe, permanent caregiving
relationships for the children;'';
(iii) in clause (iii), by striking ``or''
and inserting ``increase reunification rates
for children who have been placed in out of
home care, or decrease''; and
(iv) by redesignating clause (iii) as
clause (v) and inserting after clause (ii) the
following:
``(iii) improve the substance abuse
treatment outcomes for parents including
retention in treatment and successful
completion of treatment;
``(iv) facilitate the implementation,
delivery, and effectiveness of prevention
services and programs under section 471(e);
and'';
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and
inserting the following:
``(E) A description of a plan for sustaining the
services provided by or activities funded under the
grant after the conclusion of the grant period,
including through the use of prevention services and
programs under section 471(e) and other funds provided
to the State for child welfare and substance abuse
prevention and treatment services.
``(F) Additional information needed by the
Secretary to determine that the proposed activities and
implementation will be consistent with research or
evaluations showing which practices and approaches are
most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment''
and inserting ``use disorder treatment including medication
assisted treatment and in-home substance abuse disorder
treatment and recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph
(C); and
(B) by redesignating subparagraph (D) as
subparagraph (E) and inserting after subparagraph (C)
the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse
disorder treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that
will be'' and inserting ``review indicators
that are''; and
(ii) by striking ``in using funds made
available under such grants to achieve the
purpose of this subsection'' and inserting
``and establish a set of core indicators
related to child safety, parental recovery,
parenting capacity, and family well-being. In
developing the core indicators, to the extent
possible, indicators shall be made consistent
with the outcome measures described in section
471(e)(6)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``base the performance measures on
lessons learned from prior rounds of regional
partnership grants under this subsection, and''
before ``consult''; and
(ii) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) Other stakeholders or
constituencies as determined by the
Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and
inserting the following:
``(i) Semiannual reports.--Not later than
September 30 of each fiscal year in which a
recipient of a grant under this subsection is
paid funds under the grant, and every 6 months
thereafter, the grant recipient shall submit to
the Secretary a report on the services provided
and activities carried out during the reporting
period, progress made in achieving the goals of
the program, the number of children, adults,
and families receiving services, and such
additional information as the Secretary
determines is necessary. The report due not
later than September 30 of the last such fiscal
year shall include, at a minimum, data on each
of the performance indicators included in the
evaluation of the regional partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016''
and inserting ``2018 through 2022''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2017. | Child Protection and Family Support Act of 2017 This bill amends Part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the removal and foster care placement of a child to meet the requirements for foster care maintenance payments if the child has been placed with a parent residing in a licensed residential family-based treatment facility for substance abuse. The bill revises requirements for grants to regional partnerships delivering services and producing activities designed to implement IV-E prevention services, improve the well-being of, and improve permanency outcomes for, children and families affected by heroin, opioids and other substance abuse. This grant program is reauthorized for FY2018-FY2022. | {"src": "billsum_train", "title": "Child Protection and Family Support Act of 2017"} | 2,669 | 152 | 0.492643 | 1.365975 | 0.646986 | 3.549618 | 18.900763 | 0.877863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney Accountability Act of
1995''.
SEC. 2. AWARD OF COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY
LITIGATION AFTER AN OFFER OF SETTLEMENT.
Section 1332 of title 28, United States Code, is amended by adding
at the end the following:
``(e)(1) In any action over which the court has jurisdiction under
this section, any party may, at any time not less than 10 days before
trial, serve upon any adverse party a written offer to settle a claim
or claims for money or property or to the effect specified in the
offer, including a motion to dismiss all claims, and to enter into a
stipulation dismissing the claim or claims or allowing judgment to be
entered according to the terms of the offer. Any such offer, together
with proof of service thereof, shall be filed with the clerk of the
court.
``(2) If the party receiving an offer under paragraph (1) serves
written notice on the offeror that the offer is accepted, either party
may then file with the clerk of the court the notice of acceptance,
together with proof of service thereof.
``(3) The fact that an offer under paragraph (1) is made but not
accepted does not preclude a subsequent offer under paragraph (1).
Evidence of an offer is not admissible for any purpose except in
proceedings to enforce a settlement, or to determine costs and expenses
under this subsection.
``(4) At any time before judgment is entered, the court, upon its
own motion or upon the motion of any party, may exempt from this
subsection any claim that the court finds presents a question of law or
fact that is novel and important and that substantially affects
nonparties. If a claim is exempted from this subsection, all offers
made by any party under paragraph (1) with respect to that claim shall
be void and have no effect.
``(5) If all offers made by a party under paragraph (1) with
respect to a claim or claims, including any motion to dismiss all
claims, are not accepted and the judgment, verdict, or order finally
issued (exclusive of costs, expenses, and attorneys' fees incurred
after judgment or trial) in the action under this section is not more
favorable to the offeree with respect to the claim or claims than the
last such offer, the offeror may file with the court, within 10 days
after the final judgment, verdict, or order is issued, a petition for
payment of costs and expenses, including attorneys' fees, incurred with
respect to the claim or claims from the date the last such offer was
made or, if the offeree made an offer under this subsection, from the
date the last such offer by the offeree was made.
``(6) If the court finds, pursuant to a petition filed under
paragraph (5) with respect to a claim or claims, that the judgment,
verdict, or order finally obtained is not more favorable to the offeree
with respect to the claim or claims than the last offer, the court
shall order the offeree to pay the offeror's costs and expenses,
including attorneys' fees, incurred with respect to the claim or claims
from the date the last offer was made or, if the offeree made an offer
under this subsection, from the date the last such offer by the offeree
was made, unless the court finds that requiring the payment of such
costs and expenses would be manifestly unjust.
``(7) Attorney's fees under paragraph (6) shall be a reasonable
attorney's fee attributable to the claim or claims involved, calculated
on the basis of an hourly rate which may not exceed that which the
court considers acceptable in the community in which the attorney
practices law, taking into account the attorney's qualifications and
experience and the complexity of the case, except that the attorney's
fees under paragraph (6) may not exceed--
``(A) the actual cost incurred by the offeree for an
attorney's fee payable to an attorney for services in
connection with the claim or claims; or
``(B) if no such cost was incurred by the offeree due to a
contingency fee agreement, a reasonable cost that would have
been incurred by the offeree for an attorney's noncontingent
fee payable to an attorney for services in connection with the
claim or claims.
``(8) This subsection does not apply to any claim seeking an
equitable remedy.''.
SEC. 3. HONESTY IN EVIDENCE.
Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is
amended--
(1) by inserting ``(a) In general.--'' before ``If'', and
(2) by adding at the end the following:
``(b) Adequate basis for opinion.--Testimony in the form of an
opinion by a witness that is based on scientific knowledge shall be
inadmissible in evidence unless the court determines that such
opinion--
``(1) is scientifically valid and reliable;
``(2) has a valid scientific connection to the fact it is
offered to prove; and
``(3) is sufficiently reliable so that the probative value
of such evidence outweighs the dangers specified in rule 403.
``(c) Disqualification.--Testimony by a witness who is qualified as
described in subdivision (a) is inadmissible in evidence if the witness
is entitled to receive any compensation contingent on the legal
disposition of any claim with respect to which the testimony is
offered.
``(d) Scope.--Subdivision (b) does not apply to criminal
proceedings.''.
SEC. 4. ATTORNEY ACCOUNTABILITY.
(a) Sanctions.--Rule 11(c) of the Federal Rules of Civil Procedure
(28 U.S.C. App.) is amended--
(1) in the matter preceding paragraph (1) by striking
``may'' and inserting ``shall'';
(2) in paragraph (1)(A)--
(A) in the second sentence by striking ``, but
shall'' and all that follows through ``corrected''; and
(B) in the third sentence by striking ``may'' and
inserting ``shall''; and
(3) in paragraph (2) by striking ``A sanction imposed'' and
all that follows through ``violation.'' and inserting the
following: ``A sanction imposed for a violation of this rule
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.
Subject to the limitations in subparagraphs (A) and (B), the
sanction may consist of an order to pay to the other 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.''.
(b) Applicability to Discovery.--Rule 11 of the Federal Rules of
Civil Procedure is amended by striking subdivision (d).
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Subject to subsection (b), this Act and the
amendments made by this Act shall take effect on the first day of the
first month beginning more than 180 days after the date of the
enactment of this Act.
(b) Application of Amendments.--
(1) The amendment made by section 2 shall apply only with
respect to civil actions commenced after the effective date of
this Act.
(2) The amendments made by section 3 shall apply only with
respect to cases in which a trial begins after the effective
date of this Act.
Passed the House of Representatives March 7, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Attorney Accountability Act of 1995 - Amends the Federal judicial code to set forth provisions regarding the award of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement. Provides that any party may, at any time not less than ten days before trial, serve upon an adverse party a written offer to settle a claim for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or allowing judgment to be entered according to the terms of the offer. Directs that any such offer, together with proof of service thereof, be filed with the clerk of the court. Specifies that: (1) if the party receiving the offer serves written notice that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof; and (2) the fact that an offer is made but not accepted does not preclude a subsequent offer (but evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement or to determine costs and expenses). Authorizes the court, at any time before judgment is entered, upon its own motion or the motion of any party, to exempt from such provisions any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. Specifies that if a claim is exempted, all offers made by any party under this Act with respect to that claim shall be void and have no effect. Provides that if all offers made by a party with respect to a claim, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorney fees incurred after judgment or trial) in the action under this Act is not more favorable to the offeree than the last such offer: (1) the offeror may file with the court a petition for payment of costs and expenses, including attorney fees, incurred with respect to the claim from the date the last offer from the offeror or from the offeree was made; and (2) the court, if it makes such a finding, shall order the offeree to pay the offeror's costs and expenses unless it finds that requiring the payment of such costs and expenses would be manifestly unjust. Specifies that such an attorney's fee shall be a reasonable fee attributable to the claim, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, subject to specified limitations. (Sec. 3) Amends rule 702 of the Federal Rules of Evidence to provide that: (1) testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion is scientifically valid and reliable, has a valid scientific connection to the fact it is offered to prove, and is sufficiently reliable so that the probative value of such evidence is not outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (but makes this provision inapplicable to criminal proceedings); and (2) testimony by a witness who is qualified is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. (Sec. 4) Amends rule 11(c) of the Federal Rules of Civil Procedure to require (currently, permit) the court to impose sanctions upon the attorneys, law firms, or parties that violate provisions regarding certain representations to the court (e.g., regarding frivolous lawsuits). Specifies that a sanction imposed for a violation of this rule: (1) 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; and (2) may consist of an order to pay to the other party 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. Repeals provisions making rule 11 (regarding the signing of pleadings, representations to the court, and sanctions) inapplicable to discovery. | {"src": "billsum_train", "title": "Attorney Accountability Act of 1995"} | 1,731 | 995 | 0.820053 | 2.788432 | 0.747229 | 6.45165 | 1.844141 | 0.918089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2014''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.) is amended by adding at the end the following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``(a) Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State that is within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or any successor regulation).
``(b) Development; Initial Consultation.--A licensee shall develop
a proposed PSDAR for a covered facility after consultation with--
``(1) each affected State; and
``(2) each unit of local government and tribal government
in the affected State that is located within 50 miles of the
covered facility.
``(c) Submission to Commission; Additional Consultation.--
``(1) In general.--After additional consultation with the
entities described in subsection (b) with respect to the
proposed PSDAR developed under that subsection, the licensee
shall--
``(A) submit to the Commission the proposed PSDAR;
and
``(B) on submission of the proposed PSDAR under
subparagraph (A), make the proposed PSDAR readily
available to the public.
``(2) Public availability.--On receipt of the proposed
PSDAR under paragraph (1), the Commission shall make the
proposed PSDAR readily available to the public.
``(d) Public Participation.--During a period of at least 90 days
beginning on the date on which the licensee submits the proposed PSDAR
to the Commission under subsection (c), the Commission shall solicit
public participation on the proposed PSDAR in the host State, including
through--
``(1) the solicitation of written comments from the public;
and
``(2) the conduct of at least 2 public hearings within the
host State.
``(e) Support or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed PSDAR for a covered facility, the Commission
shall invite the host State to file with the Commission, by the
date that is 60 days after the date on which the host State
receives the invitation under this paragraph--
``(A) a statement of support for the proposed
PSDAR;
``(B) a statement of conditional support for the
proposed PSDAR, with specific recommendations for
changes that could lead the host State to support the
proposed PSDAR; or
``(C) a statement of nonsupport for the proposed
PSDAR.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files a
statement of support under paragraph (1)(A), a
statement of nonsupport under paragraph (1)(C), or
fails to file a statement with the Commission by the
deadline specified in paragraph (1), the Commission
shall issue a determination on whether the proposed
PSDAR is adequate or inadequate--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into account--
``(I) any written comments
submitted by the host State, other
States, and local communities with
respect to the proposed PSDAR; and
``(II) any input from the public
under subsection (d).
``(B) Considerations.--The Commission shall
consider a proposed PSDAR to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR provides for the
overall protection of human health and the
environment;
``(ii) the licensee has a substantial
likelihood of implementing the proposed PSDAR
within the timeframe described in the proposed
PSDAR;
``(iii) the proposed PSDAR is in accordance
with applicable law (including regulations);
and
``(iv) the licensee has proactively
demonstrated that the licensee has, or will
have, the funds required to fully implement the
proposed PSDAR within the timeframe described
in the proposed PSDAR.
``(C) Determination of adequacy.--If the Commission
determines that the proposed PSDAR is adequate under
subparagraph (A), the Commission shall issue a decision
document approving the PSDAR.
``(D) Determination of inadequacy.--If the
Commission determines that the proposed PSDAR is
inadequate under subparagraph (A)--
``(i) the Commission shall issue a decision
rejecting the proposed PSDAR, including the
reasons for the decision; and
``(ii) the licensee shall develop and
submit to the Commission a new proposed PSDAR
in accordance with this section.
``(3) Conditional support by host state.--
``(A) In general.--The Commission shall determine
whether the proposed PSDAR is permissible under
applicable law (including regulations) if the host
State files a statement of conditional support for the
proposed PSDAR with the Commission in accordance with
paragraph (1)(B).
``(B) Changes.--For each change recommended by the
host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final PSDAR, unless the
Commission determines the change to be
inappropriate for inclusion, based on clear and
convincing evidence provided by the licensee
that--
``(I) the change violates
applicable law; or
``(II) the costs of the change
substantially outweigh the safety,
economic, or environmental benefits of
the change to the host State; and
``(ii) provide the rationale for a
determination of inappropriateness under clause
(i).
``(C) Decision document.--
``(i) In general.--Based on the
determinations made under subparagraphs (A) and
(B), the Commission shall issue a decision
document that--
``(I) accepts the proposed PSDAR
with any changes recommended by the
host State that are not determined to
be inappropriate under subparagraph
(B); or
``(II) rejects the proposed PSDAR.
``(ii) Applicable law.--A decision document
issued under clause (i) shall be considered to
be a final order entered in a proceeding under
section 189(a).
``(D) Acceptance.--If the Commission approves the
proposed PSDAR under subparagraph (C)(i)(I)--
``(i) the PSDAR is final; and
``(ii) the licensee may begin
implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects the
proposed PSDAR under subparagraph (C)(i)(II), the
licensee shall develop and submit to the Commission a
new proposed PSDAR in accordance with this section.
``(f) Additional Requirement.--Notwithstanding any other provision
of this section, a Commission shall not approve a PSDAR under this
section unless the proposed PSDAR includes a requirement that the
licensee comply with applicable State law relating to air, water, or
soil quality or radiological standards with respect to the
implementation of the proposed PSDAR if the applicable State law is
more restrictive than the applicable Federal law.''. | Nuclear Plant Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting each affected state and local governments, to develop and submit to the NRC a post-shutdown decommissioning activities report (PSDAR) for any of the licensee's shutdown facilities for which a PSDAR is required. Requires the NRC to: (1) solicit written comments on the proposed PSDAR from the public and conduct at least two public hearings in the facility's host state; and (2) invite the host state to file a statement of support, of conditional support with specific recommendations for changes, or of nonsupport for the proposed PSDAR. Directs the NRC, after receiving the state's statement of support or nonsupport, to determine whether the proposed PSDAR is adequate or inadequate on the basis of specified considerations, and issue a decision of approval or disapproval, as appropriate. Prescribes requirements for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to develop and submit a new proposed PSDAR if the first one is rejected. Prohibits the NRC from approving a proposed PSDAR unless it includes a requirement that the licensee comply with state law relating to air, water, or soil quality or radiological standards if they are more restrictive than federal law. | {"src": "billsum_train", "title": "Nuclear Plant Decommissioning Act of 2014"} | 1,868 | 327 | 0.63527 | 1.981438 | 0.803356 | 3.019685 | 6.511811 | 0.877953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get Tough on Trade Act''.
SEC. 2. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
Section 310 of the Trade Act of 1974 is amended to read as follows:
``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
``(a) Identification.--
``(1) Identification and report.--Within 30 days after the
submission in each of calendar year 2005 through 2009 of the
report required by section 181(b), the Trade Representative
shall--
``(A) review United States trade expansion
priorities;
``(B) identify priority foreign country practices,
the elimination of which is likely to have the most
significant potential to increase United States
exports, either directly or through the establishment
of a beneficial precedent; and
``(C) submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives and publish in the Federal Register
a report on the priority foreign country practices
identified.
``(2) Factors.--In identifying priority foreign country
practices under paragraph (1), the Trade Representative shall
take into account all relevant factors, including--
``(A) the major barriers and trade distorting
practices described in the National Trade Estimate
Report required under section 181(b);
``(B) the trade agreements to which a foreign
country is a party and its compliance with those
agreements;
``(C) the medium- and long-term implications of
foreign government procurement plans; and
``(D) the international competitive position and
export potential of United States products and
services.
``(3) Contents of report.--The Trade Representative may
include in the report, if appropriate--
``(A) a description of foreign country practices
that may in the future warrant identification as
priority foreign country practices; and
``(B) a statement about other foreign country
practices that were not identified because they are
already being addressed by provisions of United States
trade law, by existing bilateral trade agreements, or
as part of trade negotiations with other countries and
progress is being made toward the elimination of such
practices.
``(b) Initiation of Consultations.--By no later than the date that
is 21 days after the date on which a report is submitted to the
appropriate congressional committees under subsection (a)(1), the Trade
Representative shall seek consultations with each foreign country
identified in the report as engaging in priority foreign country
practices for the purpose of reaching a satisfactory resolution of such
priority practices.
``(c) Initiation of Investigation.--If a satisfactory resolution of
priority foreign country practices has not been reached under
subsection (b) within 90 days after the date on which a report is
submitted to the appropriate congressional committees under subsection
(a)(1), the Trade Representative shall initiate under section 302(b)(1)
an investigation under this chapter with respect to such priority
foreign country practices.
``(d) Agreements for the Elimination of Barriers.--In the
consultations with a foreign country that the Trade Representative is
required to request under section 303(a) with respect to an
investigation initiated by reason of subsection (c), the Trade
Representative shall seek to negotiate an agreement that provides for
the elimination of the practices that are the subject of the
investigation as quickly as possible or, if elimination of
the practices is not feasible, an agreement that provides for
compensatory trade benefits.
``(e) Reports.--The Trade Representative shall include in the
semiannual report required by section 309 a report on the status of any
investigations initiated pursuant to subsection (c) and, where
appropriate, the extent to which such investigations have led to
increased opportunities for the export of products and services of the
United States.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for the Office of the General
Counsel and the Office of Monitoring and Enforcement.--There are
authorized to be appropriated to the Office of the United States Trade
Representative for the appointment of additional staff in the Office of
the General Counsel and the Office of Monitoring and Enforcement--
(1) $2,000,000 for fiscal year 2005; and
(2) $2,000,000 for fiscal year 2006.
(b) Responsibilities of Additional Staff.--The responsibilities of
the additional staff appointed under subsection (a) shall include--
(1) investigating, prosecuting, and defending cases before
the World Trade Organization and under trade agreements to
which the United States is a party;
(2) administering United States trade laws, including title
III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) and other
trade laws relating to foreign government barriers to United
States goods and services, including barriers involving
intellectual property rights, government procurement, and
telecommunications; and
(3) monitoring compliance with the Uruguay Round Agreements
(as defined in section 2 of the Uruguay Round Agreements Act
(19 U.S.C. 3501)) and other trade agreements, particularly by
the People's Republic of China.
SEC. 4. CHIEF ENFORCEMENT NEGOTIATOR.
Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) There shall be in the Office 3 Deputy United States Trade
Representatives, 1 Chief Agricultural Negotiator, and 1 Chief
Enforcement Negotiator. The 3 Deputy United States Trade
Representatives and the 2 Chief Negotiators shall be appointed by the
President, by and with the advice and consent of the Senate. As an
exercise of the rulemaking power of the Senate, any nomination of a
Deputy United States Trade Representative, the Chief Agricultural
Negotiator, or the Chief Enforcement Negotiator submitted to the Senate
for its advice and consent, and referred to a committee, shall be
referred to the Committee on Finance. Each Deputy United States Trade
Representative, the Chief Agricultural Negotiator, and the Chief
Enforcement Negotiator shall hold office at the pleasure of the
President and shall have the rank of Ambassador.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(6) The principal function of the Chief Enforcement Negotiator
shall be to conduct negotiations to ensure compliance with trade
agreements relating to United States manufactured goods and services.
The Chief Enforcement Negotiator shall recommend investigating and
prosecuting cases before the World Trade Organization and under trade
agreements to which the United States is a party. The Chief Enforcement
Negotiator shall recommend administering United States trade laws
relating to foreign government barriers to United States goods and
services. The Chief Enforcement Negotiator shall perform such other
functions as the United States Trade Representative may direct.''. | Get Tough on Trade Act - Amends the Trade Act of 1974 to extend from FY 2005 through 2009 (currently, 1995 only) the U.S. Trade Representative's mandate to identify and report on trade expansion priorities.
Requires the Trade Representative, before initiating an investigation (as under current law), to seek consultations with each foreign country identified in the report as engaging in priority foreign country practices, for the purpose of reaching a satisfactory resolution of such priority practices. Requires initiation of an investigation only if a satisfactory resolution of such practices has not been reached.
Modifies the composition of the Office of the U.S. Trade Representative to include a Chief Enforcement Negotiator to recommend investigating and prosecuting cases before the World Trade Organization and under trade agreements to which the United States is a party. | {"src": "billsum_train", "title": "A bill to strengthen United States trade enforcement laws."} | 1,462 | 177 | 0.561422 | 1.552444 | 0.881028 | 4.52349 | 9.214765 | 0.885906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuels for Energy Security
Act of 2001''.
SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) Definitions.--In this section:
(1) Biodiesel.--The term ``biodiesel'' means mono alkyl
esters of long chain fatty acids derived from renewable liquid
sources such as vegetable oils or animal fats, for use in
compression-ignition (diesel) engines.
(2) Biogas.--The term ``biogas'' means gas produced from a
biogas source.
(3) Biogas source.--The term ``biogas source'' means--
(A) a landfill;
(B) a sewage waste treatment plant;
(C) a feedlot; and
(D) any other accumulation of decaying organic
material.
(4) Biomass.--
(A) In general.--The term ``biomass'' means
lignocellulosic or hemicellulosic matter that is
available on a renewable basis.
(B) Inclusions.--The term ``biomass'' includes--
(i) dedicated energy crops and trees;
(ii) wood and wood residues;
(iii) plants;
(iv) grasses;
(v) agricultural commodities and residues;
(vi) fibers; and
(vii) animal waste, municipal solid waste,
and other waste.
(5) Biomass ethanol.--The term ``biomass ethanol'' means
ethanol derived from biomass.
(6) Renewable fuel.--The term ``renewable fuel'' means fuel
that--
(A) is--
(i) biodiesel;
(ii) ethanol or any other liquid fuel
produced from biomass; or
(iii) biogas; and
(B) is used to reduce the quantity of fossil fuel
present in a fuel mixture used to operate a motor
vehicle.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Renewable Fuel Program.--
(1) Program requirements.--The motor vehicle fuel sold or
introduced into commerce in the United States in calendar year
2002 or any calendar year thereafter by a refiner, blender, or
importer shall, on a 6-month average basis, be comprised of a
quantity of renewable fuel, measured in gasoline-equivalent
gallons (as determined by the Secretary), that is not less than
the applicable percentage by volume for the 6-month period.
(2) Applicable percentage.--
(A) In general.--For the purposes of paragraph (1),
the applicable percentage for a 6-month period of a
calendar year shall be determined in accordance with
the following table, unless modified under subparagraph
(B):
Calendar year: Applicable percentage of renewable
fuel:
2002.......................................... .8
2003.......................................... .9
2004.......................................... 1.1
2005.......................................... 1.3
2006.......................................... 1.5
2007.......................................... 1.7
2008.......................................... 2.0
2009.......................................... 2.3
2010.......................................... 2.6
2011.......................................... 3.0
2012.......................................... 3.42
2013.......................................... 3.84
2014.......................................... 4.24
2015.......................................... 4.63
2016 and thereafter........................... 5.00.
(B) Adjustments to applicable percentage.--On
petition by a State, the Secretary, in consultation
with the Secretary of Agriculture, may lower the
applicable percentage specified in subparagraph (A) for
a period of 1 calendar year with respect to motor
vehicle fuel sold or introduced into commerce in the
State, based on a determination by the Secretary, after
public notice and opportunity for comment, that during the calendar
year there is likely to be an inadequate domestic supply or
distribution capacity in the State to meet the applicable percentage
specified in subparagraph (A) for the calendar year.
(C) Petitions for adjustment.--
(i) Submission.--A State shall submit a
petition under subparagraph (B) not later than
September 1 of the year preceding the calendar
year for which the adjustment is sought.
(ii) Action on petitions.--The Secretary,
in consultation with the Secretary of
Agriculture, shall approve or deny a State
petition before the beginning of the calendar
year.
(c) Credit Program.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations providing for the generation of an appropriate
amount of credits by a person that refines, blends, or imports
motor vehicle fuel that contains, on a 6-month average basis, a
quantity of renewable fuel that is greater than the quantity
required for that 6-month period under subsection (b).
(2) Use of credits.--A person that generates credits under
paragraph (1) may use the credits, hold the credits for later
use, or transfer all or a portion of the credits to another
person, for the purpose of complying with subsection (b).
(3) Expiration of credits.--A credit generated under this
subsection shall expire 2 years after the date on which the
credit was generated.
(4) Inability to purchase sufficient credits.--The
regulations under paragraph (1) shall include provisions
allowing a refiner, blender, or importer that is unable to
purchase sufficient credits to meet the requirements of
subsection (b) to enter into an enforceable agreement to
generate or purchase sufficient credits to make up for any
deficiency within a period of time specified in the agreement.
(5) Testing; reports.--The regulations under paragraph (1)
may include provisions requiring a refiner, blender, or
importer--
(A) to conduct tests to ascertain the composition
of fuels for the purpose of compliance with subsection
(b); and
(B) to submit to the Secretary periodic reports on
the composition of the fuels refined, blended, or
imported.
(d) Civil Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--The Secretary may impose against a
person that fails to comply with subsection (b) or with
a regulation under subsection (c) a civil penalty in
the amount of--
(i) not more than $25,000 for each day of
the failure to comply; plus
(ii) the amount of economic benefit
realized by the person as a result of the
failure to comply.
(B) Averaging period.--Any failure to comply with
respect to a regulation under subsection (c) that
establishes a regulatory requirement based on an
averaging period shall constitute a separate day of
failure of compliance for each day of the averaging
period.
(2) Enforcement.--The Secretary may bring a civil action in
United States district court for--
(A) an order enjoining a failure to comply with
subsection (b) or with a regulation under subsection
(c); and
(B) other appropriate relief. | Renewable Fuels for Energy Security Act of 2001 - Mandates that motor vehicle fuel introduced into commerce in calendar year 2002 and beyond be composed of specified percentages of renewable fuel.Prescribes procedural guidelines for: (1) adjustments to such percentages if the Secretary of Energy determines that an inadequate domestic supply or distribution capacity exists; and (2) a renewable fuel credit program.Empowers the Secretary to impose civil penalties and bring a civil action in Federal district court for non-compliance with this Act. | {"src": "billsum_train", "title": "To provide for the energy security of the United States and promote environmental quality by enhancing the use of motor vehicle fuels from renewable sources, and for other purposes."} | 1,550 | 109 | 0.543638 | 1.303967 | 0.336603 | 2.255319 | 14.446809 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Lawful Commerce in
Arms Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, protected by the Second
Amendment to the United States Constitution, to keep and bear
arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of firearms that operate
as designed and intended, which seek money damages and other
relief for the harm caused by the misuse of firearms by third
parties, including criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States are heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
manufacture, marketing, distribution, importation, or sale to
the public of firearms or ammunition that has been shipped or
transported in interstate or foreign commerce are not, and
should not, be liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products that function as designed and intended.
(5) The possibility of imposing liability on an entire
industry for harm that is solely caused by others is an abuse
of the legal system, erodes public confidence in our Nation's
laws, threatens the diminution of a basic constitutional right
and civil liberty, invites the disassembly and destabilization
of other industries and economic sectors lawfully competing in
the free enterprise system of the United States, and
constitutes an unreasonable burden on interstate and foreign
commerce of the United States.
(6) The liability actions commenced or contemplated by the
Federal Government, States, municipalities, and private
interest groups are based on theories without foundation in
hundreds of years of the common law and jurisprudence of the
United States and do not represent a bona fide expansion of the
common law. The possible sustaining of these actions by a
maverick judicial officer or petit jury would expand civil
liability in a manner never contemplated by the Framers of the
Constitution, by the Congress, or by the legislatures of the
several states. Such an expansion of liability would constitute
a deprivation of the rights, privileges, and immunities
guaranteed to a citizen of the United States under the
Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others when the
product functioned as designed and intended.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section 5 of that Amendment.
(4) To prevent the use of such lawsuits to impose
unreasonable burdens on interstate and foreign commerce.
(5) To protect the right, under the First Amendment to the
Constitution, of manufacturers, distributors, dealers, and
importers of firearms or ammunition products, and trade
associations, to speak freely, to assemble peaceably, and to
petition the Government for a redress of their grievances.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' has the meaning given that term in section
921(a)(21) of title 18, United States Code, and, as applied to
a seller of ammunition, means a person who devotes, time,
attention, and labor to the sale of ammunition as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of
ammunition.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is engaged in the
business of manufacturing the product in interstate or foreign
commerce and who is licensed to engage in business as such a
manufacturer under chapter 44 of title 18, United States Code.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''
means a firearm (as defined in subparagraph (A) or (B) of
section 921(a)(3) of title 18, United States Code, including
any antique firearm (as defined in section 921(a)(16) of such
title)), or ammunition (as defined in section 921(a)(17) of
such title), or a component part of a firearm or ammunition,
that has been shipped or transported in interstate or foreign
commerce.
(5) Qualified civil liability action.--
(A) In general.--The term ``qualified civil
liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified
product, or a trade association, for damages or
injunctive relief resulting from the criminal or
unlawful misuse of a qualified product by the person or
a third party, but shall not include--
(i) an action brought against a transferor
convicted under section 924(h) of title 18,
United States Code, or a comparable or
identical State felony law, by a party directly
harmed by the conduct of which the transferee
is so convicted;
(ii) an action brought against a seller for
negligent entrustment or negligence per se;
(iii) an action in which a manufacturer or
seller of a qualified product knowingly and
willfully violated a State or Federal statute
applicable to the sale or marketing of the
product, and the violation was a proximate
cause of the harm for which relief is sought;
(iv) an action for breach of contract or
warranty in connection with the purchase of the
product; or
(v) an action for physical injuries or
property damage resulting directly from a
defect in design or manufacture of the product,
when used as intended.
(B) Negligent entrustment.--In subparagraph
(A)(ii), the term ``negligent entrustment'' means the
supplying of a qualified product by a seller for use by
another person when the seller knows or should know the
person to whom the product is supplied is likely to use
the product, and in fact does use the product, in a
manner involving unreasonable risk of physical injury
to the person and others.
(6) Seller.--The term ``seller'' means, with respect to a
qualified product--
(A) an importer (as defined in section 921(a)(9) of
title 18, United States Code) who is engaged in the
business as such an importer in interstate or foreign
commerce and who is licensed to engage in business as
such an importer under chapter 44 of title 18, United
States Code;
(B) a dealer (as defined in section 921(a)(11) of
title 18, United States Code) who is engaged in the
business as such a dealer in interstate or foreign
commerce and who is licensed to engage in business as
such a dealer under chapter 44 of title 18, United
States Code; or
(C) a person engaged in the business of selling
ammunition (as defined in section 921(a)(17) of title
18, United States Code) in interstate or foreign
commerce at the wholesale or retail level, consistent
with Federal, State, and local law.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2
or more members of which are manufacturers or sellers of a
qualified product.
Passed the House of Representatives April 9, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was reported to the House on April 7, 2003. The summary of that version is repeated here.)Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages or injunctive relief resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended. | {"src": "billsum_train", "title": "To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others."} | 2,030 | 312 | 0.480352 | 1.6376 | 0.732632 | 4.253731 | 6.902985 | 0.902985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Federal Effectiveness
Act''.
SEC. 2. GREAT LAKES RESEARCH COUNCIL.
(a) In General.--Section 118 of the Federal Water Pollution Control
Act (33 U.S.C. 1268) is amended--
(1) in subsection (a)(3)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) `Council' means the Great Lakes Research
Council established by subsection (d)(1);'';
(B) in subparagraph (I), by striking ``and'' at the
end;
(C) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(K) `Great Lakes research' means the application
of scientific or engineering expertise to explain,
understand, and predict a physical, chemical,
biological, or socioeconomic process, or the
interaction of 1 or more of the processes, in the Great
Lakes ecosystem.'';
(2) by striking subsection (d) and inserting the following:
``(d) Great Lakes Research Council.--
``(1) Establishment of council.--There is established a
Great Lakes Research Council.
``(2) Duties of council.--The Council shall--
``(A) advise and promote the coordination of
Federal Great Lakes research activities to avoid
unnecessary duplication and ensure greater
effectiveness in achieving protection of the Great
Lakes ecosystem through the goals of the Great Lakes
Water Quality Agreement;
``(B) not later than 1 year after the date of the
enactment of this subparagraph and biennially
thereafter, after providing opportunity for public
review and comment, prepare and provide to interested
parties a document that includes--
``(i) an assessment of the Great Lakes
research activities needed to fulfill the goals
of the Great Lakes Water Quality Agreement;
``(ii) an assessment of Federal expertise
and capabilities in the activities needed to
fulfill the goals of the Great Lakes Water
Quality Agreement, including an inventory of
Federal Great Lakes research programs,
projects, facilities, and personnel; and
``(iii) recommendations for long-term and
short-term priorities for Federal Great Lakes
research, based on a comparison of the
assessment conducted under clause (i) and the
assessment conducted under clause (ii);
``(C) identify topics for and participate in
meetings, workshops, symposia, and conferences on Great
Lakes research issues;
``(D) make recommendations for the uniform
collection of data for enhancing Great Lakes research
and management protocols relating to the Great Lakes
ecosystem;
``(E) advise and cooperate in--
``(i) improving the compatible integration
of multimedia data concerning the Great Lakes
ecosystem; and
``(ii) any effort to establish a
comprehensive multimedia data base for the
Great Lakes ecosystem; and
``(F) ensure that the results, findings, and
information regarding Great Lakes research programs
conducted or sponsored by the Federal Government are
disseminated in a timely manner, and in useful forms,
to interested persons, using to the maximum extent
practicable mechanisms in existence on the date of the
dissemination, such as the Great Lakes
Research Inventory prepared by the International Joint Commission.
``(3) Membership.--
``(A) In general.--The Council shall consist of 1
research manager with extensive knowledge of, and
scientific expertise and experience in, the Great Lakes
ecosystem from each of the following agencies and
instrumentalities:
``(i) The Agency.
``(ii) The National Oceanic and Atmospheric
Administration.
``(iii) The National Biological Service.
``(iv) The United States Fish and Wildlife
Service.
``(v) Any other Federal agency or
instrumentality that expends $1,000,000 or more
for a fiscal year on Great Lakes research.
``(vi) Any other Federal agency or
instrumentality that a majority of the Council
membership determines should be represented on
the Council.
``(B) Nonvoting members.--At the request of a
majority of the Council membership, any person who is a
representative of a Federal agency or instrumentality
not described in subparagraph (A) or any person who is
not a Federal employee may serve as a nonvoting member
of the Council.
``(4) Chairperson.--The chairperson of the Council shall be
a member of the Council from an agency specified in clause (i),
(ii), or (iii) of paragraph (3)(A) who is elected by a majority
vote of the members of the Council. The chairperson shall serve
as chairperson for a period of 2 years. A member of the Council
may not serve as chairperson for more than 2 consecutive terms.
``(5) Expenses.--While performing official duties as a
member of the Council, a member shall be allowed travel or
transportation expenses under section 5703 of title 5, United
States Code.
``(6) Interagency cooperation.--The head of each Federal
agency or instrumentality that is represented on the Council--
``(A) shall cooperate with the Council in
implementing the recommendations developed under
paragraph (2);
``(B) may, on written request of the chairperson of
the Council, make available, on a reimbursable basis or
otherwise, such personnel, services, or facilities as
may be necessary to assist the Council in carrying out
the duties of the Council under this section; and
``(C) shall, on written request from the
chairperson, furnish data or information necessary to
carry out the duties of the Council under this section.
``(7) International cooperation.--The Council shall
cooperate, to the maximum extent practicable, with the research
coordination efforts of the Council of Great Lakes Research
Managers of the International Joint Commission.
``(8) Reimbursement for requested activities.--Each Federal
agency or instrumentality represented on the Council may
reimburse another Federal agency or instrumentality or a non-
Federal entity for costs associated with activities authorized
under this subsection that are carried out by the other agency,
instrumentality, or entity at the request of the Council.
``(9) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
``(10) Effect on other law.--Nothing in this subsection
affects the authority of any Federal agency or instrumentality,
under any law, to undertake Great Lakes research activities.'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the Program
Office and the Research Office shall prepare a joint
research plan'' and inserting ``the Program Office, in
consultation with the Council, shall prepare a research
plan''; and
(B) in paragraph (3)(A), by striking ``the Research
Office, the Agency for Toxic Substances and Disease
Registry, and Great Lakes States'' and inserting ``the
Council, the Agency for Toxic Substances and Disease
Registry, and Great Lakes States,''; and
(4) in subsection (h)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(b) Conforming Amendment.--The second sentence of section 403(a) of
the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1447b(a)) is amended by striking ``Great Lakes Research Office
authorized under'' and inserting ``Great Lakes Research Council
established by''. | Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to replace provisions regarding the Great Lakes Research Office of the National Oceanic and Atmospheric Administration with those establishing an interagency Great Lakes Research Council.
Directs the Council to: (1) promote the coordination of Federal Great Lakes research activities to avoid duplication and ensure effectiveness in achieving protection of the Great Lakes ecosystem through the Great Lakes Water Quality Agreement; (2) prepare a document that assesses research activities and Federal expertise in such activities needed to fulfill Agreement goals; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise in improving the integration of multimedia data concerning the ecosystem and in efforts to establish a multimedia data base for the ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner. | {"src": "billsum_train", "title": "Great Lakes Federal Effectiveness Act"} | 1,718 | 215 | 0.644881 | 1.762133 | 0.907991 | 3.652632 | 8.447368 | 0.957895 |
-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
-T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-U-n-i-t-e-d
-S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -C-o-m-m-e-m-o-r-a-t-i-v-e
-C-o-i-n -A-c-t -o-f -1-9-9-5-'-'-.
-S-E-C-. -2-. -C-O-I-N -S-P-E-C-I-F-I-C-A-T-I-O-N-S-.
-(-a-) -O-n-e---D-o-l-l-a-r -S-i-l-v-e-r -C-o-i-n-s-.--
-(-1-) -I-s-s-u-a-n-c-e-.---T-h-e -S-e-c-r-e-t-a-r-y -o-f
-t-h-e -T-r-e-a-s-u-r-y -(-h-e-r-e-a-f-t-e-r -i-n -t-h-i-s
-A-c-t -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e
-`-`-S-e-c-r-e-t-a-r-y-'-'-) -s-h-a-l-l -i-s-s-u-e -n-o-t
-m-o-r-e -t-h-a-n -5-0-0-,-0-0-0 -$-1 -c-o-i-n-s-, -w-h-i-c-h
-s-h-a-l-l -w-e-i-g-h -2-6-.-7-3 -g-r-a-m-s-, -h-a-v-e -a
-d-i-a-m-e-t-e-r -o-f -1-.-5-0-0 -i-n-c-h-e-s-, -a-n-d
-c-o-n-t-a-i-n -9-0 -p-e-r-c-e-n-t -s-i-l-v-e-r -a-n-d -1-0
-p-e-r-c-e-n-t -c-o-p-p-e-r-.
-(-2-) -D-e-s-i-g-n-.---T-h-e -d-e-s-i-g-n -o-f -t-h-e
-c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l
-b-e -a -r-o-s-e-, -t-h-e -n-a-t-i-o-n-a-l -f-l-o-r-a-l
-e-m-b-l-e-m-, -a-n-d -a -f-r-o-n-t-a-l -v-i-e-w -o-f -t-h-e
-F-r-e-n-c-h -f-a-c-a-d-e -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s
-B-o-t-a-n-i-c -G-a-r-d-e-n-. -O-n -e-a-c-h -c-o-i-n -t-h-e-r-e
-s-h-a-l-l -b-e -a -d-e-s-i-g-n-a-t-i-o-n -o-f -t-h-e
-v-a-l-u-e -o-f -t-h-e -c-o-i-n-, -a-n -i-n-s-c-r-i-p-t-i-o-n
-o-f -t-h-e -y-e-a-r -`-`-1-9-9-5-'-'-, -a-n-d
-i-n-s-c-r-i-p-t-i-o-n-s -o-f -t-h-e -w-o-r-d-s
-`-`-L-i-b-e-r-t-y-'-'-, -`-`-I-n -G-o-d -W-e -T-r-u-s-t-'-'-,
-`-`-U-n-i-t-e-d -S-t-a-t-e-s -o-f -A-m-e-r-i-c-a-'-'-, -a-n-d
-`-`-E -P-l-u-r-i-b-u-s -U-n-u-m-'-'-.
-(-b-) -L-e-g-a-l -T-e-n-d-e-r-.---T-h-e -c-o-i-n-s -i-s-s-u-e-d
-u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -l-e-g-a-l -t-e-n-d-e-r-,
-a-s -p-r-o-v-i-d-e-d -i-n -s-e-c-t-i-o-n -5-1-0-3 -o-f -t-i-t-l-e
-3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-.
-S-E-C-. -3-. -S-O-U-R-C-E-S -O-F -B-U-L-L-I-O-N-.
-T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -o-b-t-a-i-n -s-i-l-v-e-r
-f-o-r -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t
-o-n-l-y -f-r-o-m -s-t-o-c-k-p-i-l-e-s -e-s-t-a-b-l-i-s-h-e-d
-u-n-d-e-r -t-h-e -S-t-r-a-t-e-g-i-c -a-n-d -C-r-i-t-i-c-a-l
-M-a-t-e-r-i-a-l-s -S-t-o-c-k -P-i-l-i-n-g -A-c-t-.
-S-E-C-. -4-. -S-E-L-E-C-T-I-O-N -O-F -D-E-S-I-G-N-.
-T-h-e -d-e-s-i-g-n -f-o-r -t-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d
-b-y -t-h-i-s -A-c-t -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d -b-y -t-h-e
-S-e-c-r-e-t-a-r-y -a-f-t-e-r -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e
-N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s
-B-o-t-a-n-i-c -G-a-r-d-e-n -a-n-d -t-h-e -C-o-m-m-i-s-s-i-o-n -o-f
-F-i-n-e -A-r-t-s-. -A-s -r-e-q-u-i-r-e-d -b-y -s-e-c-t-i-o-n -5-1-3-5
-o-f -t-i-t-l-e -3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -t-h-e
-d-e-s-i-g-n -s-h-a-l-l -a-l-s-o -b-e -r-e-v-i-e-w-e-d -b-y -t-h-e
-C-i-t-i-z-e-n-s -C-o-m-m-e-m-o-r-a-t-i-v-e -C-o-i-n -A-d-v-i-s-o-r-y
-C-o-m-m-i-t-t-e-e-.
-S-E-C-. -5-. -I-S-S-U-A-N-C-E -O-F -C-O-I-N-S-.
-(-a-) -Q-u-a-l-i-t-y -o-f -C-o-i-n-s-.---C-o-i-n-s -m-i-n-t-e-d
-u-n-d-e-r -t-h-i-s -A-c-t -m-a-y -b-e -i-s-s-u-e-d -i-n
-u-n-c-i-r-c-u-l-a-t-e-d -a-n-d -p-r-o-o-f -q-u-a-l-i-t-i-e-s-.
-(-b-) -M-i-n-t -F-a-c-i-l-i-t-y-.---N-o-t -m-o-r-e -t-h-a-n -1
-f-a-c-i-l-i-t-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -M-i-n-t -m-a-y
-b-e -u-s-e-d -t-o -s-t-r-i-k-e -a-n-y -p-a-r-t-i-c-u-l-a-r
-q-u-a-l-i-t-y -o-f -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s
-A-c-t-.
-(-c-) -P-e-r-i-o-d -o-f -I-s-s-u-a-n-c-e-.---T-h-e
-S-e-c-r-e-t-a-r-y -m-a-y -i-s-s-u-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r
-t-h-i-s -A-c-t -d-u-r-i-n-g -t-h-e -p-e-r-i-o-d -b-e-g-i-n-n-i-n-g
-o-n -J-a-n-u-a-r-y -1-, -1-9-9-5-, -a-n-d -e-n-d-i-n-g -o-n
-D-e-c-e-m-b-e-r -3-1-, -1-9-9-5-.
-S-E-C-. -6-. -S-A-L-E -O-F -C-O-I-N-S-.
-(-a-) -S-a-l-e -P-r-i-c-e-.---T-h-e -c-o-i-n-s
-a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e
-s-o-l-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -a-t -a -p-r-i-c-e -e-q-u-a-l
-t-o -t-h-e -s-u-m -o-f -t-h-e -f-a-c-e -v-a-l-u-e -o-f -t-h-e
-c-o-i-n-s-, -t-h-e -s-u-r-c-h-a-r-g-e -p-r-o-v-i-d-e-d -i-n
-s-u-b-s-e-c-t-i-o-n -(-d-) -w-i-t-h -r-e-s-p-e-c-t -t-o -s-u-c-h
-c-o-i-n-s-, -a-n-d -t-h-e -c-o-s-t -o-f -d-e-s-i-g-n-i-n-g -a-n-d
-i-s-s-u-i-n-g -t-h-e -c-o-i-n-s -(-i-n-c-l-u-d-i-n-g -l-a-b-o-r-,
-m-a-t-e-r-i-a-l-s-, -d-i-e-s-, -u-s-e -o-f -m-a-c-h-i-n-e-r-y-,
-o-v-e-r-h-e-a-d -e-x-p-e-n-s-e-s-, -m-a-r-k-e-t-i-n-g-, -a-n-d
-s-h-i-p-p-i-n-g-)-.
-(-b-) -B-u-l-k -S-a-l-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l
-m-a-k-e -b-u-l-k -s-a-l-e-s -a-v-a-i-l-a-b-l-e -a-t -a
-r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-.
-(-c-) -P-r-e-p-a-i-d -O-r-d-e-r-s-.---T-h-e -S-e-c-r-e-t-a-r-y
-s-h-a-l-l -a-c-c-e-p-t -p-r-e-p-a-i-d -o-r-d-e-r-s -f-o-r -t-h-e
-c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -p-r-i-o-r
-t-o -t-h-e -i-s-s-u-a-n-c-e -o-f -s-u-c-h -c-o-i-n-s-. -S-a-l-e-s
-u-n-d-e-r -t-h-i-s -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-t -a
-r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-.
-(-d-) -S-u-r-c-h-a-r-g-e -R-e-q-u-i-r-e-d-.---A-l-l -s-a-l-e-s
-s-h-a-l-l -i-n-c-l-u-d-e -a -s-u-r-c-h-a-r-g-e -o-f -$-1-0 -p-e-r
-c-o-i-n-.
-S-E-C-. -7-. -G-E-N-E-R-A-L -W-A-I-V-E-R -O-F -P-R-O-C-U-R-E-M-E-N-T
-R-E-G-U-L-A-T-I-O-N-S-.
-N-o -p-r-o-v-i-s-i-o-n -o-f -l-a-w -g-o-v-e-r-n-i-n-g
-p-r-o-c-u-r-e-m-e-n-t -o-r -p-u-b-l-i-c -c-o-n-t-r-a-c-t-s -s-h-a-l-l
-b-e -a-p-p-l-i-c-a-b-l-e -t-o -t-h-e -p-r-o-c-u-r-e-m-e-n-t -o-f
-g-o-o-d-s -o-r -s-e-r-v-i-c-e-s -n-e-c-e-s-s-a-r-y -f-o-r
-c-a-r-r-y-i-n-g -o-u-t -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-i-s
-A-c-t-. -N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l
-r-e-l-i-e-v-e -a-n-y -p-e-r-s-o-n -e-n-t-e-r-i-n-g -i-n-t-o -a
-c-o-n-t-r-a-c-t -u-n-d-e-r -t-h-e -a-u-t-h-o-r-i-t-y -o-f -t-h-i-s
-A-c-t -f-r-o-m -c-o-m-p-l-y-i-n-g -w-i-t-h -a-n-y -l-a-w
-r-e-l-a-t-i-n-g -t-o -e-q-u-a-l -e-m-p-l-o-y-m-e-n-t
-o-p-p-o-r-t-u-n-i-t-y-.
-S-E-C-. -8-. -D-I-S-T-R-I-B-U-T-I-O-N -O-F -S-U-R-C-H-A-R-G-E-S-.
-A-l-l -s-u-r-c-h-a-r-g-e-s -r-e-c-e-i-v-e-d -b-y -t-h-e
-S-e-c-r-e-t-a-r-y -f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s
-i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e
-p-r-o-m-p-t-l-y -p-a-i-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -t-o -t-h-e
-N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s
-B-o-t-a-n-i-c -G-a-r-d-e-n-.
-S-E-C-. -9-. -A-U-D-I-T-S-.
-T-h-e -C-o-m-p-t-r-o-l-l-e-r -G-e-n-e-r-a-l -s-h-a-l-l -h-a-v-e
-t-h-e -r-i-g-h-t -t-o -e-x-a-m-i-n-e -s-u-c-h -b-o-o-k-s-,
-r-e-c-o-r-d-s-, -d-o-c-u-m-e-n-t-s-, -a-n-d -o-t-h-e-r -d-a-t-a -o-f
-t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -a-s -m-a-y -b-e
-r-e-l-a-t-e-d -t-o -t-h-e -e-x-p-e-n-d-i-t-u-r-e-s -o-f -a-m-o-u-n-t-s
-p-a-i-d -u-n-d-e-r -s-e-c-t-i-o-n -8-.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Botanic Garden
Commemorative Coin Act of 1995''.
SEC. 2. COIN SPECIFICATIONS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue
not more than 500,000 $1 coins, which shall weigh 26.73 grams,
have a diameter of 1.500 inches, and contain 90 percent silver
and 10 percent copper.
(2) Design.--The design of the coins issued under this Act
shall be a rose, the national floral emblem, and a frontal view
of the French facade of the United States Botanic Garden. On
each coin there shall be a designation of the value of the
coin, an inscription of the year ``1995'', and inscriptions of
the words ``Liberty'', ``In God We Trust'', ``United States of
America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCE OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for the coins minted under this Act shall be--
(1) selected by the Secretary after consultation with the
National Fund for the United States Botanic Garden and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act may be issued in
uncirculated and proof qualities.
(b) Mint Facility.--Not more than 1 facility of the United States
Mint may be used to strike any particular quality of the coins minted
under this Act.
(c) Period of Issuance.--The Secretary may issue coins minted under
this Act during the period beginning on January 1, 1995, and ending on
December 31, 1995.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins authorized under this Act shall be sold
by the Secretary at a price equal to the sum of the face value of the
coins, the surcharge provided in subsection (d) with respect to such
coins, and the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales available at a
reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under this Act prior to the issuance of such
coins. Sales under this subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
issued under this Act shall be promptly paid by the Secretary to the
National Fund for the United States Botanic Garden.
SEC. 9. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
National Fund for the United States Botanic Garden as may be related to
the expenditures of amounts paid under section 8. | United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue one-dollar silver coins for a one-year period to commemorate the 175th anniversary of the founding of the United States Botanic Garden.
States that the design for such coins shall be selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts and after review by the Citizens Commemorative Coin Advisory Committee.
Directs the Secretary to distribute all surcharges from the coin sales to the National Fund for the United States Botanic Garden. | {"src": "billsum_train", "title": "United States Botanic Garden Commemorative Coin Act of 1995"} | 7,494 | 131 | 0.257943 | 0.497641 | 0.185538 | 4.372727 | 55.6 | 0.918182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Use Efficiency and
Conservation Research Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Between 1950 and 2000, the United States population
increased nearly 90 percent. In that same period, public demand
for water increased 209 percent. Americans now use an average
of 100 gallons of water per person each day. This increased
demand has put additional stress on water supplies and
distribution systems, threatening both human health and the
environment.
(2) Thirty-six States are anticipating local, regional, or
statewide water shortages by 2013. In addition, climate change
related effects are expected to exacerbate already scarce water
resources in many areas of the country.
(3) The Intergovernmental Panel on Climate Change's 2007
assessment states that water stored in glaciers and snow cover
is projected to decline, reducing water availability to one-
sixth of the world's population that relies upon meltwater from
major mountain ranges. The Intergovernmental Panel on Climate
Change also predicts droughts will become more severe and
longer lasting in a number of regions.
(4) Water conservation should be a national goal and the
Environmental Protection Agency should work with
nongovernmental partners to achieve that goal. The
Environmental Protection Agency should support the research,
development, and dissemination of technologies and processes
that will achieve greater water use efficiency.
(5) WaterSense is a voluntary public-private partnership
program established by the Environmental Protection Agency to
promote water efficiency by helping consumers identify water-
efficient products and practices. The Environmental Protection
Agency estimates that if all United States households installed
water-efficient appliances, the country would save more than
3,000,000,000,000 gallons of water and more than
$17,000,000,000 per year.
(6) The WaterSense program has developed a network of
partners, and therefore can disseminate the results of research
on technologies and processes that achieve greater water use
efficiency.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--The Assistant Administrator for Research and
Development of the Environmental Protection Agency (in this Act
referred to as the ``Assistant Administrator'') shall establish a
research and development program consistent with the plan developed
under section 4 that promotes water use efficiency and conservation,
including--
(1) technologies and processes that enable the collection,
storage, treatment, and reuse of rainwater, stormwater, and
greywater;
(2) water storage and distribution systems;
(3) behavioral, social, and economic barriers to achieving
greater water use efficiency; and
(4) use of watershed planning directed toward water
quality, conservation, and supply.
(b) Considerations.--In planning and implementing the program, the
Assistant Administrator shall consider--
(1) research needs identified by water resource managers,
State and local governments, and other interested parties; and
(2) technologies and processes likely to achieve the
greatest increases in water use efficiency and conservation.
(c) Minority Serving Institutions.--In the execution of this
program, the Assistant Administrator may award extramural grants to
institutions of higher education and shall encourage participation by
Minority Serving Institutions.
SEC. 4. STRATEGIC RESEARCH PLAN.
(a) In General.--The Assistant Administrator shall coordinate the
development of a strategic research plan (in this Act referred to as
the ``plan'') for the water use efficiency and conservation research
and development program established in section 3 with all other
Environmental Protection Agency research and development strategic
plans.
(b) Plan Contents.--The plan shall--
(1) outline research goals and priorities for a water use
efficiency and conservation research agenda, including--
(A) developing innovative water supply-enhancing
processes and technologies; and
(B) improving existing processes and technologies,
including wastewater treatment, desalinization, and
groundwater recharge and recovery schemes;
(2) identify current Federal research efforts on water that
are directed toward meeting the goals of improving water use
efficiency, water conservation, or expanding water supply and
describe how such efforts are coordinated with the program
established in section 3 in order to leverage resources and
avoid duplication; and
(3) consider and utilize, as appropriate, recommendations
in reports and studies conducted by Federal agencies, the
National Research Council, the National Science and Technology
Council, or other entities in the development of the plan.
(c) Science Advisory Board Review.--The Assistant Administrator
shall submit the plan to the Science Advisory Board of the
Environmental Protection Agency for review.
(d) Revision.--The plan shall be revised and amended as needed to
reflect current scientific findings and national research priorities.
SEC. 5. TECHNOLOGY TRANSFER.
The Assistant Administrator, building on the results of the
activities of the program established under section 3, shall--
(1) facilitate the adoption of technology and processes to
promote water use efficiency and conservation; and
(2) collect and disseminate information, including the
establishment of a publicly accessible clearinghouse, on
technologies and processes to promote water use efficiency and
conservation, including information on--
(A) incentives and impediments to development and
commercialization;
(B) best practices; and
(C) anticipated increases in water use efficiency
and conservation resulting from the implementation of
specific technologies and processes.
SEC. 6. ADVANCED WATER EFFICIENCY DEVELOPMENT PROJECTS.
(a) In General.--As part of the program under section 3, the
Assistant Administrator shall carry out at least 4 projects under which
the funding is provided for the incorporation into a building of the
latest water use efficiency and conservation technologies and designs.
Funding for each project shall be provided only to cover incremental
costs of water-use efficiency and conservation technologies.
(b) Criteria.--Of the 4 projects described in subsection (a), at
least 1 shall be for a residential building and at least 1 shall be for
a commercial building.
(c) Public Availability.--The designs of buildings with respect to
which funding is provided under subsection (a) shall be made available
to the public, and such buildings shall be accessible to the public for
tours and educational purposes.
SEC. 7. REPORT.
Not later than 18 months after the date of enactment of this Act,
and once every 2 years thereafter, the Assistant Administrator shall
transmit to Congress a report which details the progress being made by
the Environmental Protection Agency with regard to--
(1) water use efficiency and conservation research projects
initiated by the Agency;
(2) development projects initiated by the Agency;
(3) outreach and communication activities conducted by the
Agency concerning water use efficiency and conservation; and
(4) development and implementation of the plan.
SEC. 8. WATER MANAGEMENT STUDY AND REPORT.
(a) Study.--
(1) Requirement.--The Administrator of the Environmental
Protection Agency shall enter into an arrangement with the
National Academy of Sciences to complete a study of low impact
and soft path strategies for management of water supply,
wastewater, and stormwater.
(2) Contents.--The study shall--
(A) examine and compare the state of research,
technology development, and emerging practices in other
developed and developing countries with those in the
United States;
(B) identify and evaluate relevant system
approaches for comprehensive water management,
including the interrelationship of water systems with
other major systems such as energy and transportation;
(C) identify priority research and development
needs; and
(D) assess implementation needs and barriers.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall transmit to the Committee on Science and Technology of the House
of Representatives and the Committee on Environment and Public Works of
the Senate a report on the key findings of the study conducted under
subsection (a). The report shall evaluate challenges and opportunities
and serve as a practical reference for water managers, planners,
developers, scientists, engineers, non-governmental organizations,
Federal agencies, and regulators by recommending innovative and
integrated solutions.
(c) Definitions.--For purposes of this section--
(1) the term ``low impact'' means a strategy that manages
rainfall at the source using uniformly distributed
decentralized micro-scale controls to mimic a site's
predevelopment hydrology by using design techniques that
infiltrate, filter, store, evaporate, and detain runoff close
to its source; and
(2) the term ``soft path'' means a general framework that
encompasses--
(A) increased efficiency of water use;
(B) integration of water supply, wastewater
treatment, and stormwater management systems; and
(C) protection, restoration, and effective use of
the natural capacities of ecosystems to provide clean
water.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency for carrying out this section $1,000,000 for fiscal year 2010.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Assistant
Administrator for carrying out this Act $20,000,000 for each of the
fiscal years 2010 through 2014.
Passed the House of Representatives February 11, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Water Use Efficiency and Conservation Research Act - Requires the Environmental Protection Agency's (EPA) Assistant Administrator for Research and Development to establish a research and development program to promote water use efficiency and conservation, including: (1) technologies and processes that enable the collection, storage, treatment, and reuse of rainwater, stormwater, and greywater; (2) water storage and distribution systems; and (3) behavioral, social, and economic barriers to achieving greater water use efficiency.
Requires the Assistant Administrator to coordinate the development of a strategic research plan for the water use efficiency and conservation research and development program established by this Act with all other EPA research and development strategic plans.
Requires the Assistant Administrator to: (1) facilitate the adoption of technology and processes to promote water use efficiency and conservation; and (2) collect and disseminate information on technologies and processes to promote water use efficiency and conservation, including information on incentives and impediments to development and commercialization, best practices, and anticipated increases in water use efficiency and conservation resulting from the implementation of specific technologies and processes.
Requires at least four projects under which funding is provided for the incorporation into a building (at least one residential and one commercial building) of the latest water use efficiency and conservation technologies and designs.
Requires biennial reports to Congress on research and development projects initiated under this Act, outreach and communication activities concerning water use efficiency and conservation, and development and implementation of the strategic research plan.
Directs the EPA Administrator to enter into an arrangement with the National Academy of Sciences for completion of a study of "low impact" (mimicking predevelopment hydrology) and "soft path" (using natural capacities of ecosystems) strategies for management of water supply, wastewater, and stormwater.
Authorizes appropriations. | {"src": "billsum_train", "title": "To increase research, development, education, and technology transfer activities related to water use efficiency and conservation technologies and practices at the Environmental Protection Agency."} | 1,934 | 379 | 0.577573 | 1.948217 | 0.900128 | 5.325581 | 5.456395 | 0.94186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Education and Reform Act of
2016''.
SEC. 2. COMPLIANCE THROUGH EDUCATION.
From amounts made available to the Disability Rights Section of the
Department of Justice as of the effective date of this Act, the
Disability Rights Section of the Department of Justice shall, in
consultation with property owners and representatives of the disability
rights community, develop a program to educate State and local
governments and property owners on effective and efficient strategies
for promoting access to public accommodations for persons with a
disability (as defined in section 3 of the Americans with Disabilities
Act (42 U.S.C. 12102)). Such program may include training for
professionals such as Certified Access Specialists to provide guidance
about remediation for potential violations of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
SEC. 3. NOTICE AND CURE PERIOD.
Paragraph (1) of section 308(a) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
``(1) Availability of remedies and procedures.--
``(A) In general.--Subject to subparagraph (B), the
remedies and procedures set forth in section 204(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are
the remedies and procedures this title provides to any
person who is being subjected to discrimination on the
basis of disability in violation of this title or who
has reasonable grounds for believing that such person
is about to be subjected to discrimination in violation
of section 303. Nothing in this section shall require a
person with a disability to engage in a futile gesture
if such person has actual notice that a person or
organization covered by this title does not intend to
comply with its provisions.
``(B) Barriers to access to existing public
accommodations.--A civil action under section 302 or
303 based on the failure to remove an architectural
barrier to access into an existing public accommodation
may not be commenced by a person aggrieved by such
failure unless--
``(i) that person has provided to the owner
or operator of the accommodation a written
notice specific enough to allow such owner or
operator to identify the barrier; and
``(ii)(I) during the period beginning on
the date the notice is received and ending 60
days after that date, the owner or operator
fails to provide to that person a written
description outlining improvements that will be
made to remove the barrier; or
``(II) if the owner or operator provides
the written description under subclause (I),
the owner or operator fails to remove the
barrier or to make substantial progress in
removing the barrier during the period
beginning on the date the description is
provided and ending 120 days after that date.
``(C) Specification of details of alleged
violation.--The written notice required under
subparagraph (B) must also specify in detail the
circumstances under which an individual was actually
denied access to a public accommodation, including the
address of the property, the specific sections of this
Act alleged to have been violated, whether a request
for assistance in removing an architectural barrier to
access was made, and whether the barrier to access was
a permanent or temporary barrier.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 30
days after the date of the enactment of this Act.
SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS.
The Judicial Conference of the United States shall, under rule 16
of the Federal Rules of Civil Procedure or any other applicable law, in
consultation with property owners and representatives of the disability
rights community, develop a model program to promote the use of
alternative dispute resolution mechanisms, including a stay of
discovery during mediation, to resolve claims of architectural barriers
to access for public accommodations. To the extent practical, the
Federal Judicial Center should provide a public comment period on any
such proposal. The goal of the model program shall be to promote such
access quickly and efficiently without the need for costly litigation.
The model program should include an expedited method for determining
the relevant facts related to such barriers to access and steps taken
before the commencement of litigation to resolve any issues related to
access. | ADA Education and Reform Act of 2016 This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide guidance about remediation for potential violations of the Americans with Disabilities Act of 1990 (ADA). The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify: (1) the address of the property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary. The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation. | {"src": "billsum_train", "title": "ADA Education and Reform Act of 2016"} | 971 | 291 | 0.637107 | 1.983299 | 0.948134 | 4.255556 | 3.292593 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment for America Act''.
SEC. 2. REINSTATEMENT OF 10-PERCENT DOMESTIC INVESTMENT TAX CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to rules for computing
credit for investment in certain depreciable property), as amended by
subsection (b)(2), is amended by adding at the end the following new
section:
``SEC. 50. 10-PERCENT DOMESTIC INVESTMENT CREDIT.
``(a) In General.--With respect to any domestic property placed in
service after December 31, 1992--
``(1) section 49 shall not apply, and
``(2) the regular percentage for purposes of this subpart
shall be 10 percent.
``(b) Domestic Property.--For purposes of this section--
``(1) In general.--The term `domestic property' means
property if
``(A) the property was completed in the United
States, and
``(B) at least 60 percent of the basis of the
property is attributable to value added within the
United States.
``(2) United states.--The term `United States' includes the
Commonwealth of Puerto Rico and the possessions of the United
States.''
(b) Conforming Amendments.--
(1) The table of sections for such subpart E is amended by
adding at the end the following new item:
``Sec. 50. 10-percent domestic investment
credit.''
(2) Section 11813 of the Revenue Reconciliation Act of 1990
(Pub. L. 101-508) is hereby repealed, and the Internal Revenue
Code of 1986 shall be applied and administered as if such
section (and the amendments made by such section) had never
been enacted.
SEC. 3. CREDIT FOR PURCHASES OF DOMESTIC DURABLE GOODS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. PURCHASES OF DOMESTIC DURABLE GOODS.
``(a) General Rule.--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 7 percent of the aggregate amount paid
during the taxable year for the purchase of domestic durable goods.
``(b) Domestic Durable Goods.--For purposes of this section--
``(1) In general.--The term `domestic durable good' means
any durable good if--
``(A) the property was completed in the United
States, and
``(B) at least 60 percent of the basis of the
property is attributable to value added within the
United States.
``(2) United states.--The term `United States' includes the
Commonwealth of Puerto Rico and the possessions of the United
States.
``(c) Limitation.--The amount of the credit allowed under
subsection (a) for any taxable year shall not exceed $1,000.''
(b) Conforming Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Purchases of domestic durable
goods.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 4. CREDIT FOR CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN-
MADE PASSENGER VEHICLE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 23 (as added by
section 3 of this Act) the following new section:
``SEC. 24. CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN-MADE
PASSENGER VEHICLE.
``(a) In General.--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 the qualified payments made by the
taxpayer during such year.
``(b) Qualified Payments.--For purposes of this section, the term
`qualified payments' means any payment of--
``(1) any State or local sales tax imposed on the purchase
by the taxpayer of any qualified automobile, and
``(2) any interest on any loan which is secured by a
qualified automobile and which was incurred by the taxpayer to
purchase such automobile.
``(c) Qualified Automobile.--For purposes of this section, the term
`qualified automobile' means any automobile (as defined in section
4064(b))--
``(1) which is purchased after December 31, 1992,
``(2) which is domestically produced,
``(3) the original use of which begins with the taxpayer,
and
``(4) substantially all of the use of which is for
personal, nonbusiness purposes.
For purposes of the preceding sentence, an automobile is domestically
produced if more than 60 percent of the automobile is produced in the
United States and its final assembly occurs in the United States.
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this title for any payment for
which a credit is allowable under this section.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 23 the
following new item:
``Sec. 24. Certain costs incurred in
purchasing an American-made
passenger vehicle.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 5. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.
(a) Requirements for Use of Labels.--No product may bear a label
which states or suggests that the product was made in America unless--
(1) the product has been registered with the Department of
Commerce under subsection (b); and
(2) the Secretary of Commerce has determined that--
(A) 60 percent of the product was manufactured in
the United States; and
(B) final assembly of the product took place in the
United States.
(b) Registry of American-Made Products.--Not later than 12 months
after the Secretary has promulgated regulations regarding the
registration of products with the Department of Commerce under this
section, a person shall register with the Department of Commerce any
product on which there is or will be affixed a label which states or
suggests that the product was made in America.
(c) Penalties for Fraudulent Use of Labels.--
(1) Civil fine.--Any person who, with an intent to defraud
or mislead, places on a product a label which states or
suggests that the product was ``made in America'' in violation
of this section may be assessed a civil penalty by the
Secretary of not more than $100,000. The Secretary may issue an
order assessing such civil penalty only after notice and an
opportunity for an agency hearing on the record. The validity
of such order may not be reviewed in an action to collect such
civil penalty.
(2) Injunctive relief.--The Secretary may bring an action
to enjoin the violation of, or to compel compliance with, this
section, whenever the Secretary believes that such a violation
has occurred or is about to occur.
(d) Regulations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations
establishing procedures under which a person shall register a product
under this section.
(e) Definitions.--For purposes of this section:
(1) Label.--The term ``label'' means any written, printed,
or graphic matter on, or attached to, a product or any of its
containers or wrappers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Investment for America Act - Amends the Internal Revenue Code to reinstate a ten percent investment tax credit for domestic property placed in service after December 31, 1992. Defines domestic property as property completed in the United States and at least 60 percent of the basis of the property is attributable to value added within the United States.
Allows a tax credit for seven percent of the aggregate amount purchased of domestic durable goods. Limits such credit to $1,000.
Permits a tax credit equal to qualified payments made for the purchase of an American automobile. Defines "qualified payments" as State or local sales tax imposed on the purchase of the automobile and interest on the automobile loan.
Prohibits a product from bearing a label which suggests that it was made in America unless: (1) the product has been registered with the Department of Commerce; and (2) the Secretary of Commerce has determined that 60 percent of the product was manufactured in, and final assembly took place in, the United States.
Requires the registry of American-made products with the Department of Commerce.
Prescribes penalties for the fraudulent use of labels. | {"src": "billsum_train", "title": "Investment for America Act"} | 1,872 | 236 | 0.536027 | 1.459059 | 0.717102 | 4.266968 | 7.443439 | 0.900452 |
SECTION 1. STABILIZATION FUND.
(a) Additional Advances.--Section 217(c)(3) of the Federal Credit
Union Act (12 U.S.C. 1790e(c)(3)) is amended by inserting before the
period at the end the following: ``and any additional advances''.
(b) Assessments.--Section 217 of the Federal Credit Union Act (12
U.S.C. 1790e) is amended by striking subsection (d) and inserting the
following:
``(d) Assessment Authority.--
``(1) Assessments relating to expenditures under subsection
(b).--In order to make expenditures, as described in subsection
(b), the Board may assess a special premium with respect to each
insured credit union in an aggregate amount that is reasonably
calculated to make any pending or future expenditure described in
subsection (b), which premium shall be due and payable not later
than 60 days after the date of the assessment. In setting the
amount of any assessment under this subsection, the Board shall
take into consideration any potential impact on credit union
earnings that such an assessment may have.
``(2) Special premiums relating to repayments under subsection
(c)(3).--Not later than 90 days before the scheduled date of each
repayment described in subsection (c)(3), the Board shall set the
amount of the upcoming repayment and shall determine whether the
Stabilization Fund will have sufficient funds to make the
repayment. If the Stabilization Fund is not likely to have
sufficient funds to make the repayment, the Board shall assess with
respect to each insured credit union a special premium, which shall
be due and payable not later than 60 days after the date of the
assessment, in an aggregate amount calculated to ensure that the
Stabilization Fund is able to make the required repayment.
``(3) Computation.--Any assessment or premium charge for an
insured credit union under this subsection shall be stated as a
percentage of its insured shares, as represented on the previous
call report of that insured credit union. The percentage shall be
identical for each insured credit union. Any insured credit union
that fails to make timely payment of the assessment or special
premium is subject to the procedures and penalties described under
subsections (d), (e), and (f) of section 202.''.
SEC. 2. EQUITY RATIO.
Section 202(h)(2) of the Federal Credit Union Act (12 U.S.C.
1782(h)(2)) is amended by striking ``when applied to the Fund,'' and
inserting ``which shall be calculated using the financial statements of
the Fund alone, without any consolidation or combination with the
financial statements of any other fund or entity,''.
SEC. 3. NET WORTH DEFINITION.
Section 216(o)(2) of the Federal Credit Union Act (12 U.S.C.
1790d(o)(2)) is amended to read as follows:
``(2) Net worth.--The term `net worth'--
``(A) with respect to any insured credit union, means the
retained earnings balance of the credit union, as determined
under generally accepted accounting principles, together with
any amounts that were previously retained earnings of any other
credit union with which the credit union has combined;
``(B) with respect to any insured credit union, includes,
at the Board's discretion and subject to rules and regulations
established by the Board, assistance provided under section 208
to facilitate a least-cost resolution consistent with the best
interests of the credit union system; and
``(C) with respect to a low-income credit union, includes
secondary capital accounts that are--
``(i) uninsured; and
``(ii) subordinate to all other claims against the
credit union, including the claims of creditors,
shareholders, and the Fund.''.
SEC. 4. STUDY OF NATIONAL CREDIT UNION ADMINISTRATION.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the National Credit Union Administration's
supervision of corporate credit unions and implementation of prompt
corrective action.
(b) Issues To Be Studied.--In conducting the study required under
subsection (a), the Comptroller General shall--
(1) determine the reasons for the failure of any corporate
credit union since 2008;
(2) evaluate the adequacy of the National Credit Union
Administration's response to the failures of corporate credit
unions, including with respect to protecting taxpayers, avoiding
moral hazard, minimizing the costs of resolving such corporate
credit unions, and the ability of insured credit unions to bear any
assessments levied to cover such costs;
(3) evaluate the effectiveness of implementation of prompt
corrective action by the National Credit Union Administration for
both insured credit unions and corporate credit unions; and
(4) examine whether the National Credit Union Administration
has effectively implemented each of the recommendations by the
Inspector General of the National Credit Union Administration in
its Material Loss Review Reports, and, if not, the adequacy of the
National Credit Union Administration's reasons for not implementing
such recommendation.
(c) Report to Council.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report on
the results of the study required under this section to--
(1) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(2) the Committee on Financial Services of the House of
Representatives; and
(3) the Financial Stability Oversight Council.
(d) Council Report of Action.--Not later than 6 months after the
date of receipt of the report from the Comptroller General under
subsection (c), the Financial Stability Oversight Council shall submit
a report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives on actions taken in response to the report, including
any recommendations issued to the National Credit Union Administration
under section 120 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5330).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Federal Credit Union Act regarding repayment to the Treasury of advances to the Temporary Corporate Credit Union Stabilization Fund (Stabilization Fund) for payments connected to the conservatorship, liquidation, or threatened conservatorship or liquidation, of a corporate credit union.
Revises requirements for assessments on federally insured credit unions by the National Credit Union Administration Board to ensure that the Stabilization Fund will have sufficient funds to make scheduled repayments to the Treasury. Authorizes the Board to assess a special premium on each insured credit union in an aggregate amount reasonably calculated to make any pending or future expenditure from the Stabilization Fund. Makes the premium due and payable by 60 days after the assessment date. Requires the Board, in setting the amount of any such assessment, to take into consideration any potential impact on credit union earnings that such an assessment may have.
Requires calculation of the equity ratio of the National Credit Union Share Insurance Fund (Insurance Fund), for timing and assessment of premium charges, to use the financial statements of the Insurance Fund alone, without any consolidation or combination with the financial statements of any other fund or entity.
Revises the definition of net worth with respect to any insured credit union to include, at Board discretion, and subject to Board rules and regulations, special assistance to an insured credit union to avoid liquidation that is provided to facilitate a least-cost resolution consistent with the best interests of the credit union system.
Directs the Comptroller General to study and report to Congress and the Financial Stability Oversight Council on the supervision of corporate credit unions and implementation of prompt corrective action by the National Credit Union Administration (NCUA). Requires the Council to report to Congress within six months after receiving the Comptroller General's report on any actions taken in response to it, including any recommendations issued to NCUA under the Dodd-Frank Wall Street Reform and Consumer Protection Act to apply new or heightened standards and safeguards to insured credit unions for financial stability purposes. | {"src": "billsum_train", "title": "A bill to clarify the National Credit Union Administration authority to make stabilization fund expenditures without borrowing from the Treasury."} | 1,337 | 432 | 0.632718 | 2.152788 | 0.763071 | 3.753351 | 3.286863 | 0.863271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement and Correctional
Officers Employment Registration Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) law enforcement officials, including members of the
International Association of Chiefs of Police, recognize that
violent crime represents the greatest threat to the safety and
security of citizens and that dedicated, ethical law
enforcement professionals, and lawful initiatives and
participation by members of the community represent the best
hope of responding to the challenges of violent crime;
(2) the International Association of Chiefs of Police
acknowledges that a few officers choose to violate the public
trust by abusing their authority or by breaking the law and
that such officers should not be permitted to seek police
employment in another State or jurisdiction with the
expectation that they will be able to conceal their history of
misconduct;
(3) there have been numerous documented cases of officers
who have obtained officer employment and certification in a
State after revocation of officer certification or dishonorable
discharge in another State;
(4) a national clearinghouse of officer employment
histories would enable each criminal justice agency to conduct
thorough background checks on officer applicants and to assure
that only honest ethical officers are permitted to serve; and
(5) Federal legislation is needed that would require
Federal registration of employment termination data of law
enforcement officers and correctional officers.
SEC. 3. REGISTRATION.
Subpart 1 of part E of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end
the following:
``registration of employment data of law enforcement and correctional
officers
``Sec. 509a. (a)(1) The Governor of each State, or chief executive
of each Territory of the United States, that receives funds under
section 506 in a fiscal year shall designate an official or agency
which shall submit to an officer or agency designated by the Attorney
General of the United States, a list of all law enforcement and
correctional officers who held such office in such State or territory
on or since January 1, 1990, in accordance with paragraph (2). Such
list shall be updated and supplemented by agencies or officials
responsible for submission of employment data in accordance with
subsection (b).
``(2) Such list shall include the names (and any former names),
dates of birth, social security numbers, Federal Bureau of
Investigation fingerprint identification numbers if known, the dates of
appointment as officers if known, the names and addresses or National
Crime Information Center numbers of the appointing or employing
agencies, and, if applicable, the dates such service ended for such
officers.
``(b) The agency or official responsible for submission of such
employment data shall, not later than 90 days after an officer's
employment, appointment, or separation from employment or appointment,
notify the agency or officer designated by the Attorney General of the
United States to receive such employment data, that a law enforcement
officer or correctional officer has been appointed or employed as an
officer, or that a registered officer is no longer empowered or
employed as such. If the former officer has had officer certification
revoked for cause, that fact shall be reported.
``(c) For purposes of this section--
``(1) the term `law enforcement officer' means an
individual who is elected or appointed by a State or territory,
or a political subdivision thereof, or by a Native American
Indian tribe or band, to conserve the peace, or to make arrests
or serve warrants, or to otherwise possess or exercise the
authority of a peace officer in such State or territory; and
``(2) the term `correctional officer' means an individual
who is elected or appointed by a State or territory, or a
political subdivision thereof, to guard or supervise prisoners
or inmates of jails or other detention, penal, or correctional
facilities.
A `law enforcement officer' or `correctional officer' includes an
individual whether compensated for services or not, whether full- or
part-time, and whether appointment, election, or term of office is
temporary or permanent. Such terms do not include citizens who are
called to assist an officer in the performance of the officer's duties
unless such citizen received a deputation or commission of appointment
lasting longer than 30 days.
``(d)(1) As a condition of employment, each State, territory, or
political subdivision thereof, that employs law enforcement officers or
correctional officers shall require all applicants for appointment to
or employment in such positions before beginning employment--
``(A) to disclose all prior service or employment as a law
enforcement or correctional officer; and
``(B) to submit a written authorization and request for
release of information, on a form prescribed by the Attorney
General or designee.
``(2) When a prospective law enforcement or correctional employer
obtains an officer's required written authorization and request for
release of information, the Attorney General (or designee) is directed
to release all data collected under subsections (a) and (b) of this
section to such prospective employer.
``(3) Upon receipt of a completed written authorization and request
for release of information and not later than 30 days after such
officer is first appointed or employed or at any time prior to the
appointment or employment of an applicant, each State, territory, and
political subdivision thereof shall notify the Attorney General (or
designee).
``(e) The Attorney General shall issue regulations for the
implementation of this section and the operation of the employment data
clearinghouse.
``(f) Agencies or agency administrators who submit employment or
officer certification data pursuant to this section are presumed to be
acting in good faith and, unless lack of good faith is shown by clear
and convincing evidence, are immune from civil liability for such
disclosure or its consequences. The presumption of good faith is
rebutted upon a showing that the data was submitted with knowledge of
its falsity or was submitted with the malicious intent to deliberately
mislead.''.
SEC. 4. EFFECTIVE DATES.
(a) In General.--This Act shall take effect on January 1, 1994.
(b) Information Compliance.--Lists required under section 509a(a)
of the Omnibus Crime Control and Safe Streets Act of 1968 shall be
submitted not later than 180 days after the enactment of this Act.
(c) State Compliance.--Beginning not later than 180 days after the
date of the enactment of this Act, each State, territory, or political
subdivision thereof, shall comply with the requirements described in
subsection (d) of section 509a of the Omnibus Crime Control and Safe
Streets Act of 1968.
SEC. 5. REPORTS.
Not later than 2 years after the date of the enactment of this Act,
the Attorney General, upon consultation with the Director of the Bureau
of Justice Assistance, shall submit a report to the Committees on the
Judiciary of the House of Representatives and the Senate evaluating the
compliance of the States with the requirements of section 509a of the
Omnibus Crime Control and Safe Streets Act of 1968, and listing each
State that has failed materially to comply with the requirements of
this section. Such subsequent reports shall be presented as are deemed
appropriate by the Attorney General. | Law Enforcement and Correctional Officers Employment Registration Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Governor of each State (and the chief executive officer of each U.S. territory) that receives drug control and system improvement formula grants to: (1) submit to an officer or agency designated by the Attorney General (designee) a list of all law enforcement and correctional officers who held such office in such State or territory on or since January 1, 1990 (including their dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers, dates of appointment as officers, names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and dates such service ended); (2) update and supplement such list; and (3) notify the designee of an officer's employment, appointment, or separation.
Directs each State, territory, or political subdivision to require all applicants for such positions before beginning employment to: (1) disclose all prior service or employment as an officer; and (2) submit a written authorization and request for release of information. Directs the Attorney General, when a prospective employer obtains an officer's request for release of information, to release data collected pursuant to this Act to the employer.
Makes agencies or agency administrators who submit employment or officer certification data pursuant to this Act immune from civil liability for such disclosure or its consequences, except upon a showing of lack of good faith by clear and convincing evidence. | {"src": "billsum_train", "title": "Law Enforcement and Correctional Officers Employment Registration Act of 1993"} | 1,557 | 311 | 0.659669 | 2.219084 | 0.771691 | 4.789831 | 5.128814 | 0.945763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correctly Recognizing Educational
Achievements To Empower Graduates Act'' or the ``CREATE Graduates
Act''.
SEC. 2. CREATE GRADUATES.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by inserting after part B the following:
``PART C--CREATE GRADUATES
``SEC. 751. PURPOSE.
``The purpose of this part is to award grants to States to support
efforts at institutions of higher education or within systems of higher
education to increase postsecondary degree attainment by--
``(1) locating, and conferring degrees to, students who
have accumulated sufficient applicable postsecondary credits
and maintained a sufficient grade point average to earn an
associate's degree but did not receive one;
``(2) providing outreach to those students who are within
12 credits of earning an associate's degree; and
``(3) establishing partnerships between 2-year and 4-year
institutions of higher education in States, in order to
strengthen the transition pathways into 4-year institutions of
higher education for transfer students.
``SEC. 752. GRANTS TO INCREASE DEGREE ATTAINMENT.
``(a) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 101(a).
``(b) Program Authorized.--
``(1) In general.--From amounts appropriated under
subsection (j), the Secretary shall award grants, on a
competitive basis, to States to enable the States to carry out
the activities described in subsections (e) and (f) in order to
support efforts at institutions of higher education to increase
degree attainment.
``(2) Partnerships allowed.--A State may apply for a grant
under this section in partnership with a nonprofit
organization. In any such partnership, the State higher
education agency or other State agency described in subsection
(c)(1) shall serve as the fiscal agent for purposes of the
grant.
``(c) Submission and Contents of Application.--
``(1) In general.--The State, acting through the State
higher education agency or other State agency determined
appropriate by the Governor or chief executive officer of the
State, shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Contents.--An application submitted under paragraph
(1) shall include the following:
``(A) A description of the State's capacity to
administer the grant under this section and report
annually to the Secretary on the progress of the
activities and services described in subsection (e).
``(B) A description of how the State will meet the
purposes of the grant program under this part through
outreach and memoranda of understanding with
institutions of higher education, including the State's
plan for using grant funds to meet the requirements of
subsections (e) and (g) and, if the State elects to use
grant funds under such subsection to create strong
articulation agreements, subsection (f)(2).
``(C) A description of how the State will
coordinate with appropriate stakeholders, including
institutions of higher education, data-sharing agencies
within the State, and other States.
``(D) A description of--
``(i) the structure that the State has in
place to administer the activities and services
described in subsection (e), including--
``(I) the capacity of the State's
longitudinal data system to--
``(aa) be clean of record
duplication and ensure
alignment of State and
institutional credit completion
records;
``(bb) include transfer
flags and course and credit
data to allow the State to run
initial degree audits for
institutions;
``(cc) include all
postsecondary educational
institutions in the State,
including public, private
nonprofit, and private for-
profit institutions; and
``(dd) have in place
mechanisms to share data across
institutions, systems, and
States;
``(II) the capacity of the agency
governing the State's longitudinal
system to respond to data requests
accurately and in a timely manner; and
``(III) the State's plan to protect
student privacy with respect to data in
the State longitudinal data system and
comply with section 444 of the General
Education Provisions Act (commonly
referred to as the `Family Educational
Rights and Privacy Act of 1974'); or
``(ii) the State's plan to develop such
administrative capacity as part of the
activities carried out under the grant.
``(d) Award Basis and Priority.--The Secretary shall award grants
under this section to States based on the quality of the applications
submitted under subsection (c). In awarding grants under this section,
the Secretary shall give priority to applications from States--
``(1) that do not have, as of the time of the application,
statewide policies or statewide initiatives in place to
retroactively award associate's degrees to students; or
``(2) that have a commitment to initiatives regarding the
retroactive awarding of associate's degrees that will continue
after the period of the grant.
``(e) Mandatory Use of Funds.--
``(1) Subgrants.--A State that receives a grant under this
section shall use not less than 80 percent of the grant funds
provided to award subgrants, on a competitive basis, to
institutions of higher education or systems of higher
education. Each institution of higher education or system of
higher education receiving a subgrant shall carry out all of
the following activities and services, pursuant to the
conditions under subsection (g):
``(A) Identify the group of current and former
students at the institution of higher education, or at
the institutions of higher education within the system
of higher education, as the case may be, that, based on
the data held by the institution or system, meet both
of the following requirements:
``(i) Each individual has earned not less
than 60 postsecondary credit hours (or the
minimum required by the State to earn an
associate's degree) at the institution.
``(ii) Each individual has not had any
postsecondary degree, of any kind, issued to
the student by an institution of higher
education.
``(B) Identify a subset of those current and former
students described in subparagraph (A) who have not
already earned an associate's or bachelor's degree
elsewhere.
``(C) Perform a degree audit on each student
remaining in the subset described in subparagraph (B),
and identify each such student as one of the following:
``(i) Eligible to obtain an associate's
degree.
``(ii) Eligible to obtain an associate's
degree upon the completion of 12 or fewer
postsecondary credit hours (or the equivalent).
``(iii) Not eligible under either clause
(i) or (ii).
``(D) Provide outreach to each student identified
in subparagraph (C)(i), and award the earned
associate's degree to such student, unless such student
declines through a written or oral declaration.
``(E) Provide outreach to each student identified
in subparagraph (C)(ii) that includes information
regarding next steps toward degree attainment,
including financial aid options.
``(2) Application process.--An institution of higher
education or system of higher education desiring a subgrant
under this subsection shall submit an application to the State
at such time, in such manner, and containing such information
as the State may require. Such application shall include a
written commitment from the institution or system that, if the
institution or system receives a grant, the institution or
system will carry out all of the activities described in
paragraph (1).
``(3) Priority.--Each State awarding subgrants under this
part shall give priority to applications from institutions of
higher education or systems of higher education that--
``(A) have up-to-date degree audit software or
systems;
``(B) use an opt-out, rather than an opt-in, policy
to award associate's degrees, if such policy is
permissible under applicable accreditation or State
standards;
``(C) waive nonacademic barriers to graduation,
such as swimming tests, library fines, graduation fees,
or parking tickets;
``(D) waive or amend residency and recency
requirements to prevent earned credits from expiring,
if such action is permissible under accreditation or
State standards;
``(E) provide students with tuition waivers or
prior learning assessments for those who need to earn
remaining credits; and
``(F) agree that, after the conclusion of the
activities described in paragraph (1) and continuing
after the end of the grant period, the institution or
system will--
``(i) conduct degree audits for all
enrolled students once the students earn 45
credits; and
``(ii) provide information about graduation
deadlines to remind students of relevant
requirements at least 4 months before the
students graduate and again 1 month before
graduation.
``(f) Permissive Use of Funds.--A State receiving a grant under
this section may use--
``(1) not more than 15 percent of the total amount received
under this section for administrative purposes relating to the
grant under this section, including technology needed to carry
out the purposes of this part; and
``(2) not more than 5 percent of the total amount received
under this section to create articulation agreements between 2-
year and 4-year institutions of higher education, in order to
enhance collaboration and strengthen the transition pathways
between such institutions for transfer students.
``(g) Special Conditions and Prohibitions.--
``(1) Availability to students.--A State, institution of
higher education, or system of higher education receiving a
grant or subgrant, as the case may be, under this section shall
not charge any student an additional fee or charge to
participate in the activities or services supported under this
section.
``(2) Prohibited uses.--A State, institution of higher
education, or system of higher education receiving a grant or
subgrant, as the case may be, under this section shall not use
any grant or subgrant funds for tuition, fees, room and board,
or any other purpose outside the goals of the grant.
``(3) FERPA requirements.--Each State, institution of
higher education, or system of higher education receiving a
grant or subgrant, respectively, under this section that enters
into a contract or other agreement with any outside entity to
assist in carrying out the activities or services under such
grant or subgrant, shall ensure that the outside entity
complies with all requirements of section 444 of the General
Education Provisions Act (commonly referred to as the `Family
Educational Rights and Privacy Act of 1974') that would apply
to the State, institution, or system.
``(4) Coordination.--A State receiving a grant under this
section shall ensure the coordination of the activities and
services carried out under this section with any other
activities carried out in the State that are similar to the
goals of this program, and with any other entities that support
the existing activities in the State, with the goal of
minimizing duplication.
``(h) Report.--
``(1) In general.--A State receiving a grant under this
section shall prepare and submit an annual report to the
Secretary on the activities and services carried out under this
section, and on the implementation of such activities and
services. The report shall include, for each institution of
higher education or system of higher education receiving a
subgrant, the following information:
``(A) The number of students who were first
identified in the group described in subsection
(e)(1)(A).
``(B) The number of students who were removed from
such group because the students had received a degree
elsewhere, in accordance with subsection (e)(1)(B).
``(C) The number of degree audits performed under
subsection (e)(1)(C).
``(D) The number of students identified under
subsection (e)(1)(C)(i) as eligible to obtain an
associate's degree.
``(E) The number of students identified under
subsection (e)(1)(C)(ii) as eligible to obtain an
associate's degree upon the completion of 12 or fewer
credits, in the aggregate and disaggregated by race,
ethnicity, gender, and status as an individual with a
disability.
``(F) The number of students identified under
subsection (e)(1)(C)(iii) as ineligible to obtain an
associate's degree and ineligible to obtain such a
degree upon the completion of 12 or fewer credits.
``(G) The number of students awarded an associate's
degree under subsection (e)(1)(D).
``(H) The number of students identified in
subsection (e)(1)(C)(ii) who are returning to an
institution of higher education after receiving
outreach described in subsection (e)(1)(E).
``(I) The average amount of credit hours previously
earned by students described in subsection (e)(1)(C)(i)
when the associate's degrees are awarded.
``(J) The number of students who received outreach
described in subsection (e)(1)(D) and who decline to
receive the associate's degree.
``(K) The number of students who could not be
located or reached as part of the process.
``(L) The reasons why students identified in
subsection (e)(1)(C)(ii) did not return to an
institution of higher education to receive a degree.
``(M) Details of any policy changes implemented as
a result of implementing this program and conducting
the required degree audits.
``(2) Disaggregation.--The report shall include the
information described in subparagraphs (A) through (L) of
paragraph (1) in the aggregate and disaggregated by age,
gender, race or ethnicity, status as an individual with a
disability, and socioeconomic status (including status as a
Federal Pell grant recipient).
``(i) Enforcement Provisions.--
``(1) Recovery or withholding.--The Secretary may, after
notice and an opportunity for a hearing in accordance with
chapter 5 of title 5, United States Code--
``(A) withhold funds provided under a grant or
subgrant under this section if a State or institution
of higher education is failing to comply substantially
with the requirements of this section; or
``(B) take actions to recover funds provided under
a grant or subgrant under this section, if the State or
institution made an unallowable expense, or otherwise
failed to discharge its responsibility to properly
account for funds.
``(2) Use of recovered or unused funds.--Any funds
recovered or withheld under paragraph (1) shall--
``(A) be credited to the appropriations account
from which amounts are available to make grants or
enter cooperative agreements under this section; and
``(B) remain available until expended for any
purpose of that account authorized by law that relates
to the program under this section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2015 and each of the 2 subsequent fiscal years.''. | Correctly Recognizing Educational Achievements To Empower Graduates Act or the CREATE Graduates Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive grants to states and, through them, subgrants to institutions of higher education (IHEs) or systems of higher education to: identify current or former students who have earned at least 60 postsecondary credit hours (or the state-required minimum for earning an associate's degree) at the IHE or at an IHE within the system but have not been issued a postsecondary degree by such IHE or an associate's or bachelor's degree elsewhere; perform a degree audit on each of those students to identify those who are eligible to obtain an associate's degree and those who are eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent); provide outreach and award an associate's degree to each of those students identified as eligible to obtain an associate's degree unless the student declines the degree; and provide outreach to those students identified as eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours, including guidance on the steps they can take to attain such a degree. Allows states to use up to: (1) 15% of their grant for administrative purposes, including the purchase of the technology to carry out grant requirements; and (2) 5% of their grant to create articulation agreements between 2-year and 4-year IHEs to facilitate the transfer of students between such schools. | {"src": "billsum_train", "title": "CREATE Graduates Act"} | 3,352 | 334 | 0.617324 | 1.855566 | 0.795807 | 3.180887 | 10.948805 | 0.921502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Military Training
Transparency and Accountability Act''.
SEC. 2. PROHIBITION ON PROVISION OF DEFENSE SERVICES AND TRAINING TO
FOREIGN COUNTRIES INELIGIBLE FOR IMET ASSISTANCE OR OTHER
MILITARY ASSISTANCE OR ARMS TRANSFERS.
(a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended by inserting after the first section 40A the
following:
``SEC. 40B. PROHIBITION ON PROVISION OF DEFENSE SERVICES AND TRAINING
TO FOREIGN COUNTRIES INELIGIBLE FOR IMET ASSISTANCE OR
OTHER MILITARY ASSISTANCE OR ARMS TRANSFERS.
``(a) In General.--No defense services or training (including Joint
Combined Exchange Training (JCET)) may be provided by sale, lease,
loan, grant, or other means under this Act or any other Act to any
foreign country that is subject to any provision of law that prohibits
or restricts receipt by such country of--
``(1) international military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.); or
``(2) other military assistance or arms transfers.
``(b) Exceptions.--(1) A foreign country that is eligible to
receive only expanded international military education and training
under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.), and is
not otherwise prohibited from receiving any other military assistance
or arms transfers, may receive defense services and training under this
Act or any other Act but only to the extent that such services and
training consist of training of civilian officials and military
officers of the armed forces on military justice, international human
rights standards, and the proper role of the armed forces in a
democratic society.
``(2) A foreign country that is subject to a provision of law that
prohibits or restricts receipt by such country of international
military education and training or any other military assistance or
arms transfers shall not by reason of such prohibition or restriction
be prohibited from receiving defense services and training under this
Act or any other Act that are substantially unrelated to the military
assistance or arms transfers so prohibited or restricted, but only if,
at least 15 days before the proposed provision of the services and
training to the country, the President transmits to the Congress a
certification containing--
``(A) a description of each provision of law that prohibits
or restricts receipt by the country of international military
education and training or any other military assistance or arms
transfers;
``(B) a description of the defense services and training to
be provided to the country; and
``(C) an explanation of how the defense services and
training are substantially unrelated to the military assistance
or arms transfers so prohibited or restricted.
``(3) Subsection (a) shall not apply with respect to a foreign
country described in section 546 of such Act (22 U.S.C. 2347c) by
reason of designation under such section.
``(c) Waiver.--The President may waive the prohibition in
subsection (a) with respect to a foreign country if the President--
``(1) determines that it is important to the national
security of the United States to do so; and
``(2) transmits to the Congress a certification
containing--
``(A) the determination under paragraph (1),
including an explanation of why it is important to the
national security of the United States to provide the
waiver;
``(B) a description of each provision of law that
prohibits or restricts receipt by the country of
international military education and training or any
other military assistance or arms transfers;
``(C) a description of any limitations on the
defense services and training to be provided to the
country under the waiver; and
``(D) a description of how the provision of the
waiver, including any limitations on the defense
services and training to be provided to the country
under the waiver, will preserve to the fullest extent
consistent with the national security of the United
States the purpose of the provision of law that
prohibits or restricts receipt by the country of
international military education and training or any
other military assistance or arms transfers.
``(d) Definition.--In this section, the term `military assistance
or arms transfers' means--
``(1) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C 2311 et seq.; relating to
military assistance), including the transfer of excess defense
articles under section 516 of that Act (22 U.S.C. 2321j);
``(2) assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund);
``(3) assistance under the ``Foreign Military Financing
Program'' under section 23 of this Act; and
``(4) the transfer of defense articles, defense services,
or design and construction services under this Act, including
defense articles and defense services licensed or approved for
export under section 38 of this Act.''.
(b) Conforming Amendment.--The second section 40A of the Arms
Export Control Act (22 U.S.C. 2785), as added by section 150(a) of
Public Law 104-164 (110 Stat. 1436), is hereby redesignated as section
40. | International Military Training Transparency and Accountability Act - Amends the Arms Export Control Act to prohibit the sale, lease, loan, or grant of defense services or training (including Joint Combined Exchange Training (JCET)) to any foreign country that is prohibited or restricted from receiving international military education and training (IMET), or other military assistance or arms transfers.
Permits a foreign country that is eligible to receive only expanded IMET, and is not prohibited from receiving any other military assistance or arms transfers, to receive defense services and training if it provides for training of civilian officials and military officers of the armed forces on military justice, international human rights standards, and the proper role of such forces in a democratic society.
Permits a foreign country otherwise prohibited or restricted from receiving IMET or any other military assistance or arms transfers to receive defense services and training substantially unrelated to the prohibited military assistance or arms transfers, provided the President makes a specified certification to the Congress.
Authorizes the President to waive any prohibition under this Act with respect to a foreign country upon certification to the Congress that it is important to the national security of the United States. | {"src": "billsum_train", "title": "International Military Training Transparency and Accountability Act"} | 1,229 | 244 | 0.735758 | 2.160978 | 0.972532 | 4.307692 | 5.027149 | 0.959276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Planning Assistance Act
of 1994''.
SEC. 2. ASSISTANCE FOR HABITAT ACQUISITION.
Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539)
is amended by adding at the end the following new subsection:
``(k) Assistance for Habitat Acquisition.--
``(1) In general.--In accordance with this subsection, the
Secretary may enter into a cooperative agreement with a State,
political subdivision of a State, or group of States or
political subdivisions of a State (referred to in this
subsection as an `entity') to provide assistance for the
acquisition of habitat required to carry out a conservation
plan approved pursuant to subsection (a)(2), including
assisting the entity with meeting the requirement of subsection
(a)(2)(B)(iii).
``(2) Cooperative agreements.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may pay to an entity that is a party to a
cooperative agreement under paragraph (1), the full
amount of interest on--
``(i) a loan obtained by the entity;
``(ii) a bond issued by the entity; or
``(iii) any other debt instrument that the
Secretary determines to be appropriate;
that is approved by the Secretary before entering into
the cooperative agreement.
``(B) Conditions for entering into cooperative
agreements.--
``(i) In general.--Subparagraph (A) shall
apply only in the case of a loan, bond, or
other debt instrument that is used solely to
cover the cost of acquisition of habitat
identified in a conservation plan approved by
the Secretary pursuant to subsection (a)(2).
``(ii) Demonstration of ability to repay.--
Before entering into a cooperative agreement
with the Secretary under this subsection, the
entity that is a party to the cooperative
agreement shall demonstrate, to the
satisfaction of the Secretary, the ability of
the entity to repay the amount of principal of
the debt incurred through the debt instrument--
``(I) in a timely manner; and
``(II) from a source, other than
the general tax revenue of the entity,
that is dedicated to the repayment of
the amount of principal of the debt.
``(C) Factors.--In making a determination whether
to enter into a cooperative agreement under this
subsection, the Secretary may take into consideration--
``(i) the number of species for which the
approved conservation plan under subsection
(a)(2) was developed;
``(ii) the quantity of habitat that will be
preserved under the conservation plan;
``(iii) the history of the commitment of
the entity that intends to enter into a
cooperative agreement to conserve habitat;
``(iv) the participation of diverse
interests, including government, business,
environmental and landowner interests, in the
planning process that produced the approved
conservation plan;
``(v) the amount of funds other than the
funds obtained through the debt instrument
under the cooperative agreement that the entity
has expended or will expend to set aside and
preserve habitat;
``(vi) the likelihood of success of the
conservation plan; and
``(vii) such other factors as the Secretary
considers to be appropriate.
``(3) Conditions during cooperative agreements.--
``(A) In general.--The conditions described in this
paragraph shall apply to a cooperative agreement
entered into under this subsection.
``(B) Payment of interest.--The sole obligation to
be paid by the Secretary pursuant to the cooperative
agreement shall be the interest on the debt described
in paragraph (2). The Secretary shall pay the interest
at the time the interest becomes due.
``(C) Payment of principal.--The entity that is a
party to the cooperative agreement shall pay the amount
of principal of the debt described in paragraph (2) in
the manner described in paragraph (2)(B)(ii).
``(D) Effect of default on payment of principal.--
If the entity that is a party to the cooperative
agreement defaults on the payment of an amount of
principal of the debt described in paragraph (2) and
the default continues for a period of 2 years or more--
``(i) the obligation of the Secretary to
pay interest shall terminate; and
``(ii) the defaulting entity shall be
required to repay the Secretary all interest
payments made pursuant to the terms of the
cooperative agreement.
``(E) Conveyance to the united states.--On full
payment of the debt described in paragraph (2), and at
the request of the Secretary, the habitat purchased by
the entity with funds obtained through the debt
instrument pursuant to the cooperative agreement shall
be conveyed to the United States pursuant to paragraph
(4).
``(4) Conveyance to the secretary.--
``(A) Right of secretary.--The Secretary shall have
the right to assume ownership of the real property
purchased as habitat as described in paragraph (3)(E)
at such time as--
``(i) the purchase of habitat financed
through a debt instrument that is the subject
of a cooperative agreement under this
subsection has been carried out; and
``(ii) the debt incurred for the purchase
of the habitat has been paid in full.
``(B) Transfer.--If the Secretary exercises the
authority described in subparagraph (A)--
``(i) the entity shall transfer title to
the property to the Secretary; and
``(ii) the use of the property shall be
dedicated to the protection of species and the
preservation of any wilderness areas of the
property.''. | Cooperative Planning Assistance Act of 1994 - Amends the Endangered Species Act of 1973 to authorize the Secretary of the Interior to enter into a cooperative agreement with a State, political subdivision, or group of States or State political subdivisions to provide assistance for habitat acquisition required to carry out an approved conservation plan, including assisting the entity in ensuring that adequate funding for the plan will be provided.
Authorizes the Secretary to pay to an entity that is a party to such cooperative agreement the full amount of interest on a loan, bond, or other debt instrument of the entity that is approved by the Secretary before entering into the agreement and that is used solely for habitat acquisition costs identified in an approved conservation plan. Requires the entity, before entering into such cooperative agreement, to demonstrate its ability to repay the principal amount of the debt incurred in a timely manner and from a source, other than its general tax revenue, that is dedicated to repaying the principal.
Sets forth factors to be considered by the Secretary before entering into such cooperative agreements.
Provides that: (1) the sole obligation to be paid by the Secretary pursuant to the cooperative agreement shall be the interest on the debt; and (2) the entity that is a party to such agreement shall pay the principal.
Terminates the obligation of the Secretary to pay interest and requires the defaulting entity to repay the Secretary all interest payments made pursuant to the terms of the cooperative agreement if the entity that is a party to the agreement defaults on the payment of the principal amount of the debt and the default continues for two years or more.
Provides that on full payment of the debt and at the request of the Secretary the habitat purchased by the entity with funds obtained through the debt instrument shall be conveyed to the United States. Provides that if the Secretary exercises such authority, the use of the property shall be dedicated to the protection of species and the preservation of any wilderness areas of the property. | {"src": "billsum_train", "title": "Cooperative Planning Assistance Act of 1994"} | 1,246 | 411 | 0.759033 | 2.322325 | 0.852542 | 4.131234 | 3.115486 | 0.929134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Fair and Equal
House Voting Rights Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Over half a million people living in the District of
Columbia, the capital of our democratic Nation, lack direct
voting representation in the United States Senate and House of
Representatives.
(2) District of Columbia residents have fought and died to
defend our democracy in every war since the War of
Independence.
(3) District of Columbia residents pay billions of dollars
in Federal taxes each year.
(4) Our Nation is founded on the principles of ``one
person, one vote'' and ``government by the consent of the
governed''.
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State, except
that the District of Columbia may not receive more than one Member
under any reapportionment of Members.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting the following: ``come into office
(subject to the twenty-third article of amendment to the
Constitution of the United States in the case of the District
of Columbia);''.
(c) Conforming Amendments Regarding Appointments to Service
Academies.--
(1) United states military academy.--Section 4342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(2) United states naval academy.--Such title is amended--
(A) in section 6954(a), by striking paragraph (5);
and
(B) in section 6958(b), by striking ``the District
of Columbia,''.
(3) United states air force academy.--Section 9342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to the One Hundred Tenth Congress and
each succeeding Congress.
SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Tenth Congress and each succeeding Congress,
the House of Representatives shall be composed of 437 Members,
including any Members representing the District of Columbia pursuant to
section 3(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the One Hundred Tenth Congress''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Special Rules For Period Prior to 2012 Reapportionment.--
(1) Transmittal of revised statement of apportionment by
president.--Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to Congress
a revised version of the most recent statement of apportionment
submitted under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and
to provide for apportionment of Representatives in Congress'',
approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account
this Act and the amendments made by this Act.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives,
in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)),
shall send to the executive of each State a certificate of the
number of Representatives to which such State is entitled under
section 22 of such Act, and shall submit a report to the
Speaker of the House of Representatives identifying the State
(other than the District of Columbia) which is entitled to one
additional Representative pursuant to this section.
(3) Requirements for election of additional member.--During
the period beginning with the first day of the One Hundred
Tenth Congress and ending with the taking effect of the first
reapportionment occurring after the regular decennial census
conducted for 2010--
(A) notwithstanding the Act entitled ``An Act for
the relief of Doctor Ricardo Vallejo Samala and to
provide for congressional redistricting'', approved
December 14, 1967 (2 U.S.C. 2c), the additional
Representative to which the State identified by the
Clerk of the House of Representatives in the report
submitted under paragraph (2) is entitled shall be
elected from the State at large; and
(B) the other Representatives to which such State
is entitled shall be elected on the basis of the
Congressional districts in effect in the State for the
One Hundred Ninth Congress.
SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C.
Official Code) are repealed, and the provisions of law amended or
repealed by such sections are restored or revived as if such sections
had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended as
follows:
(1) In section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives,'' and
inserting ``the Representative in the Congress,'' .
(2) In section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6); and
(B) in paragraph (13), by striking ``the Delegate
to Congress for the District of Columbia,'' and
inserting ``the Representative in the Congress,''.
(3) In section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) in the heading, by striking ``Delegate'' and
inserting ``Representative''; and
(B) by striking ``Delegate,'' each place it appears
in subsections (h)(1)(A), (i)(1), and (j)(1) and
inserting ``Representative in the Congress,''.
(4) In section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) in subsection (a)(3)(A)--
(i) by striking ``or section 206(d) of the
District of Columbia Delegate Act'', and
(ii) by striking ``the office of Delegate
to the House of Representatives'' and inserting
``the office of Representative in the
Congress'';
(B) in subsection (d)(1), by striking ``Delegate,''
each place it appears; and
(C) in subsection (d)(2)--
(i) by striking ``(A) In the event'' and
all that follows through ``term of office,''
and inserting ``In the event that a vacancy
occurs in the office of Representative in the
Congress before May 1 of the last year of the
Representative's term of office,'' and
(ii) by striking subparagraph (B).
(5) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'' and inserting ``Representative in the
Congress,''.
(6) In section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,'' and inserting ``Representative
in the Congress,''.
(7) In section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``the Delegate to the Congress from the
District of Columbia'' and inserting ``the Representative in
the Congress''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2006 and any
succeeding year.
SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE.
(a) In General.--Section 4 of the District of Columbia Statehood
Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official
Code) is amended as follows:
(1) By striking ``offices of Senator and Representative''
each place it appears in subsection (d) and inserting ``office
of Senator''.
(2) In subsection (d)(2)--
(A) by striking ``a Representative or'';
(B) by striking ``the Representative or''; and
(C) by striking ``Representative shall be elected
for a 2-year term and each''.
(3) In subsection (d)(3)(A), by striking ``and 1 United
States Representative''.
(4) By striking ``Representative or'' each place it appears
in subsections (e), (f), (g), and (h).
(5) By striking ``Representative's or'' each place it
appears in subsections (g) and (h).
(b) Conforming Amendments.--
(1) Statehood commission.--Section 6 of such Initiative
(sec. 1-125, D.C. Official Code) is amended--
(A) in subsection (a)--
(i) by striking ``27 voting members'' and
inserting ``26 voting members'';
(ii) by adding ``and'' at the end of
paragraph (5); and
(iii) by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6);
and
(B) in subsection (a-1)(1), by striking
subparagraph (H).
(2) Authorization of appropriations.--Section 8 of such
Initiative (sec. 1-127, D.C. Official Code) is amended by
striking ``and House''.
(3) Application of honoraria limitations.--Section 4 of
D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by
striking ``or Representative'' each place it appears.
(4) Application of campaign finance laws.--Section 3 of the
Statehood Convention Procedural Amendments Act of 1982 (sec. 1-
135, D.C. Official Code) is amended by striking ``and United
States Representative''.
(5) District of columbia elections code of 1955.--The
District of Columbia Elections Code of 1955 is amended--
(A) in section 2(13) (sec. 1-1001.02(13), D.C.
Official Code), by striking ``United States Senator and
Representative,'' and inserting ``United States
Senator,''; and
(B) in section 10(d) (sec. 1-1001.10(d)(3), D.C.
Official Code), by striking ``United States
Representative or''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2006 and any
succeeding year.
SEC. 7. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act is
held invalid, the remaining provisions of this Act or any amendment
made by this Act shall be treated as invalid. | District of Columbia Fair and Equal House Voting Rights Act of 2006 - (Sec. 3) Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives.
Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members.
Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District.
Makes conforming amendments to federal law regarding the Armed Forces (appointments to service academies).
(Sec. 4) Increases membership of the House from 435 to 437 Members beginning with the 110th Congress and each succeeding Congress.
Provides for a reapportionment of Members resulting from such increase.
Prescribes a procedure for identifying the additional Representative to which a state other than the District of Columbia shall be entitled under this Act. Requires election at large of such additional Representative.
Makes conforming amendments to the District of Columbia Elections Code of 1955.
(Sec. 5) Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for electing a Senator and Representative for the District. | {"src": "billsum_train", "title": "To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes."} | 2,931 | 334 | 0.686989 | 1.864249 | 0.850842 | 3.338235 | 9.452206 | 0.919118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Coastal Fisheries
Cooperative Management Act of 1993''.
SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERIES
MANAGEMENT.
(a) Federal Support for State Coastal Fisheries Programs.--The
Secretaries shall develop and implement a program to support the
fisheries management programs of the Commission. The program shall
include elements to support and enhance State cooperation in--
(1) collection, management, and analysis of fisheries data;
(2) law enforcement;
(3) habitat conservation;
(4) fisheries research, including biological and
socioeconomic research; and
(5) fishery management planning.
(b) Federal Regulations Pertaining to an Atlantic Ocean Fishery
Covered by an Interstate Fishery Management Plan.--
(1) In general.--The Secretary, after consultation with the
Councils having jurisdiction over fisheries to which an
interstate fishery management plan applies, may prescribe
regulations to govern fishing in the exclusive economic zone
that are necessary to support the effective implementation of
the interstate fishery management plan adopted for a fishery
for which no Federal fishery management plan is in effect.
These regulations may include measures recommended by the
Commission that are necessary to support the provisions of the
interstate fishery management plan for that fishery.
(2) Superseding regulations.--Regulations issued by the
Secretary to implement a Federal fishery management plan for a
fishery shall supersede regulations issued by the Secretary
under this section for that fishery.
(3) Enforcement.--The provisions of sections 307, 308, 309,
310, and 311 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861)
regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement shall apply with respect to
regulations prescribed under this section.
SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE FISHERY MANAGEMENT
PLANS.
(a) Adoption of Plans.--
(1) In general.--The Commission shall prepare and adopt
fishery management plans or amendments to fishery management
plans in accordance with this section to provide for the
conservation and management of coastal fishery resources.
(2) Consultation.--In preparing a fishery management plan
or amendment, the Commission shall consult with the appropriate
Councils to determine ways Federal fishery management plans and
interstate fishery management plans may complement each other.
(3) Contents.--Each fishery management plan or amendment
prepared under this subsection shall--
(A) contain information regarding the status of the
coastal fishery resources and fisheries covered by the
plan or amendment;
(B) identify each State that is required to
implement and enforce the plan or amendment;
(C) specify actions to be taken by States to
implement and comply with the plan or amendment; and
(D) recommend actions for the Secretary to take in
the exclusive economic zone to conserve and manage the
fishery resources and fisheries covered by the plan or
amendment.
(4) Time frame for implementation and enforcement by
states.--
(A) In general.--Except as provided in subparagraph
(B), a State that is identified in an interstate
fishery management plan pursuant to paragraph (3)(B)
shall implement and enforce the plan within the time
established in the plan.
(B) Existing plans.--Not later than 90 days after
the date of the enactment of this Act, the Commission
shall develop a schedule for States to implement and
enforce of interstate fishery management plans adopted
by the Commission before the date of the enactment of
this Act. The schedule shall require each State with a
declared interest in a plan to implement and enforce
that plan within 1 year after the date of the enactment
of this Act.
(5) Adoption of standards and procedures for the
preparation of interstate fishery management plans.--Within 1
year after the date of enactment of this Act, the Commission
shall establish standards and procedures to govern the
preparation of interstate fishery management plans under this
Act, including standards and procedures to ensure that--
(A) such plans promote the conservation of fish
stocks throughout their ranges and are based on the
best scientific information available, and
(B) the Commission provides adequate opportunity
for public participation in the plan preparation
process.''.
(b) Commission Monitoring of State Implementation and
Enforcement.--Within 1 year after the date of the enactment of this Act
and at least annually thereafter, the Commission shall--
(1) review each interstate fishery management plan and
determine whether each State which has declared an interest in
the plan, or that is required under the plan to implement and
enforce the plan, has implemented and enforced the plan; and
(2) submit a report on the results of that review to the
Secretaries.
SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISHERY MANAGEMENT PLANS.
(a) Determination.--The Commission shall determine that a State is
not in compliance with an interstate fishery management plan if it
finds that the State has not implemented and enforced the plan within
the period established under section 3(a)(4).
(b) Notification.--If the Commission determines under subsection
(a) that a State is not in compliance with an interstate fishery
management plan, the Commission shall notify the Secretaries of that
determination within 10 working days. The notification shall include
the reasons for making the determination and specify an explicit list
of actions that the affected State must take to comply with the
interstate fishery management plan. The Commission shall provide a copy
of the notification to the State.
(c) Monitoring; Withdrawal of Determination.--After making a
determination under subsection (a) regarding a State, the Commission
shall continue to monitor implementation and enforcement of the plan by
the State. On finding that a State has taken all actions specified in
the notification issued under subsection (b), the Commission shall
promptly notify the Secretaries that the State is in compliance.
SEC. 5. SECRETARIAL ACTION.
(a) Secretarial Review of Commission Determination of
Noncompliance.--Within 30 days after receiving a notification regarding
a State from the Commission under section 4(b), the Secretary, in
consultation with the Secretary of the Interior, shall review the
Commission's determination of noncompliance and determine whether--
(1) the State has failed to implement and enforce the
interstate fishery management plan in question;
(2) the measures which the State has failed to implement
and enforce are necessary to conserve and manage the fishery in
question; and
(3) in the case of an interstate fishery management plan
adopted after January 1, 1995, the plan in question was
prepared under the standards and procedures required to be
established by the Commission under section 3(a)(5).
(b) Comments.--In making a determination under subsection (a), the
Secretary shall--
(1) give careful consideration to the comments of the State
that the Commission has determined under section 4(a) is not in
compliance with an interstate fishery management plan, and
provide that State, upon request, the opportunity to meet with
and present its comments directly to the Secretary; and
(2) solicit, review, and consider the comments of the
Commission and the appropriate councils.
(c) Declaration of Moratorium.--On determining under subsection (a)
that a State has failed to implement and enforce an interstate fishery
management plan, the Secretary shall declare a moratorium on fishing
for the species covered by the plan within the waters of that State.
The Secretary shall establish the effective date of the moratorium to
commence at any time within 6 months following the declaration.
(d) Suspension of Moratorium.--On notification by the Commission
under section 4(c) that a State is in compliance with an interstate
fishery management plan, the Secretary shall terminate the moratorium
declared under subsection (c) affecting fish species covered by that
plan.
(e) Regulations.--
(1) In general.--The Secretary shall prescribe regulations
necessary to implement this Act.
(2) Content.--These regulations--
(A) may provide for the possession and use of fish
which have been produced in an aquaculture operation,
subject to applicable State regulations; and
(B) shall allow for the retention of fish that are
subject to a moratorium declared under subsection (c)
and unavoidably taken as incidental catch in fisheries
directed toward menhaden, if--
(i) discarding the retained fish is
impracticable;
(ii) the retained fish do not constitute a
significant portion of the catch of the vessel;
and
(iii) the retention of the fish will not,
in the judgment of the Secretary, adversely
affect the conservation of the species of fish
retained.
(f) Prohibited Acts During Moratorium.--During a moratorium a
person may not--
(1) engage in fishing for a species of fish subject to a
moratorium within waters of the State subject to the
moratorium;
(2) land, attempt to land, or possess fish that are caught,
taken, or harvested in violation of the moratorium, this Act,
or any regulation promulgated under this Act;
(3) fail to return to the water immediately, with a minimum
of injury, any fish subject to a moratorium taken in waters of
a State under a moratorium incidental to fishing for species
other than those to which the moratorium applies, except as
provided by regulations prescribed under subsection (e);
(4) land, within a State that is subject to a moratorium,
any fish subject to a moratorium, regardless of where it was
caught;
(5) refuse to permit an authorized officer to board a
fishing vessel to conduct a search or inspection in connection
with the enforcement of this Act;
(6) forcibly assault, resist, oppose, impede, intimidate,
or interfere with an authorized officer attempting to conduct a
search or inspection under this Act;
(7) resist a lawful arrest for an act prohibited by this
section;
(8) ship, transport, offer for sale, sell, purchase,
import, or have custody, control, or possession of, fish taken
or possessed in violation of this Act; or
(9) interfere with, delay, or prevent, by any means, the
apprehension or arrest of a person, knowing that person has
committed any act prohibited by this section.
(g) Penalties.--
(1) Civil penalty.--A person violating subsection (f) of
this section shall be liable to the United States for a civil
penalty as provided by section 308 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1858). Subsections
(b) through (e) of section 308 of the Magnuson Fishery
Conservation and Management Act apply to persons assessed a
penalty under this paragraph.
(2) Criminal penalties.--A person violating subsection
(f)(5), (6), (7), or (9) is guilty of an offense punishable
under subsections (a)(1) and (b) of section 309 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1859).
(h) Civil Forfeitures.--
(1) Forfeiture.--A vessel (including its gear, equipment,
appurtenances, stores, and cargo) used in connection with an
act unlawful under subsection (f), and any fish (or the fair
market value thereof) taken or retained, in any manner, in
connection with, or the result of, the commission of an act
prohibited under subsection (f), shall be subject to forfeiture
to the United States as provided in section 310 of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1860).
(2) Disposal of fish.--Any fish seized pursuant to this Act
may be disposed of under an order of a court of competent
jurisdiction or, if perishable, in a manner provided by
regulation prescribed by the Secretary.
(i) Enforcement.--A moratorium declared under subsection (c) shall
be enforced by the Secretaries and the Secretary of the Department in
which the Coast Guard is operating, as provided in section 311 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861 et
seq.). The Secretaries may, by agreement, on a reimbursable basis or
otherwise, use the personnel, services, equipment (including aircraft
and vessels), and facilities of any other Federal department or agency
and of any agency of a State in carrying out that enforcement.
SEC. 6. FINANCIAL ASSISTANCE.
The Secretaries may provide financial assistance to the Commission
and to the States to carry out their respective responsibilities under
this Act, including--
(1) the preparation, implementation, and enforcement of
interstate fishery management plans; and
(2) State activities that are specifically required in
interstate fishery management plans.
SEC. 7. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``coastal fishery resource'' means any species of fish
that move among, or are broadly distributed across--
(A) waters under the jurisdiction of 2 or more
States that border the Atlantic Ocean; or
(B) waters under the jurisdiction of any State that
borders the Atlantic Ocean and waters of the exclusive
economic zone;
(2) ``Commission'' means the Atlantic States Marine
Fisheries Commission constituted under the interstate compact
consented to and approved by the Congress in the Acts of May 4,
1942 (56 Stat. 267), and August 19, 1950 (64 Stat. 467);
(3) ``Councils'' means the Regional Fishery Management
Councils established under section 302 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1852) with
jurisdiction over fisheries in the Atlantic Ocean;
(4) ``exclusive economic zone'' means that portion in the
Atlantic Ocean of the exclusive economic zone established by
Presidential Proclamation Number 5030, dated March 10, 1983;
(5) ``Federal Fishery management plan'' means a fishery
management plan prepared by a Council or the Secretary under
the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.);
(6) ``fish'' means finfish, mollusks, crustaceans, and all
other forms of marine animal life other than marine mammals and
birds;
(7) ``fishery'' has the meaning given that term in section
3 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802);
(8) ``fishing'' has the meaning given that term in section
3 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1802);
(9) ``implement and enforce'' means the enactment or
adoption laws, regulations, or rules as required to--
(A) comply with the provisions of an interstate
fishery management plan; and
(B) assure compliance with such laws, regulations,
or rules by persons participating in a fishery that is
subject to such plans;
(10) ``interstate fishery management plan'' means--
(A) a fishery management plan or amendment adopted
by the Commission under section 3; or
(B) a fishery management plan or amendment for
managing a coastal fishery resource adopted by the
Commission before the date of the enactment of this
Act;
(11) ``Secretaries'' means the Secretary of Commerce and
the Secretary of the Interior;
(12) ``Secretary'' means the Secretary of Commerce; and
(13) ``State'' means each of Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, Florida, the District of Columbia, and
the Potomac River Fisheries Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretaries for the
purposes of carrying out the provisions of this Act $2,000,000 for each
of the fiscal years 1994, 1995, and 1996.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2134 RFS----2 | Atlantic Coastal Fisheries Cooperative Management Act of 1993 - Directs the Secretaries of Commerce and the Interior to develop and implement a program to support the fisheries management programs of the Atlantic States Marine Fisheries Commission, including elements to support and enhance State cooperation in: (1) collection, management, and analysis of fisheries data; (2) law enforcement; (3) habitat conservation; (4) fisheries research; and (5) fishery management planning.
Authorizes the Secretary of Commerce to prescribe regulations to govern fishing in the Exclusive Economic Zone that are necessary to support the effective implementation of the interstate fishery management plan adopted for a fishery for which no Federal fishery management plan is in effect. Makes specified enforcement and penalty provisions of the Magnuson Fishery Conservation and Management Act apply with respect to the regulations.
Directs the Commission to prepare and adopt fishery management plans or amendments to provide for the conservation and management of coastal fishery resources. Regulates: (1) plan and amendment contents; and (2) the time frame for State implementation and enforcement. Requires the Commission to: (1) establish standards and procedures for the preparation of interstate fishery management plans under this Act; and (2) annually monitor State implementation and enforcement.
Establishes procedures with respect to State noncompliance with interstate fishery management plans. Provides for review by the Secretary of Commerce of Commission determinations of noncompliance. Requires the Secretary, upon determining that a State has failed to implement and enforce an interstate fishery management plan, to declare a moratorium on fishing for the species covered by the plan within the waters of that State. Sets forth provisions regarding: (1) termination of any such moratorium upon notification by the Commission of its withdrawal of a determination of noncompliance by a State; and (2) prohibited acts during any such moratorium.
Imposes civil and criminal penalties, including civil forfeiture of vessels and fish, for violations. Directs that any such moratorium be enforced by the Secretaries of Commerce and the Interior and the Secretary of the department in which the Coast Guard is operating.
Authorizes appropriations. | {"src": "billsum_train", "title": "Atlantic Coastal Fisheries Cooperative Management Act of 1993"} | 3,558 | 450 | 0.721234 | 2.110965 | 0.850702 | 4.892157 | 7.919118 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballona Wetlands Restoration Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Wetlands perform a number of valuable functions which
are important to the ecological and economic well-being of the
Nation, including--
(A) providing contributions to food and water
supplies, flood control, and wildlife resources;
(B) maintaining biological diversity; and
(C) providing natural habitats for many migratory
and resident fish and wildlife species, including
migratory birds, endangered species, and fish species
in commercial and recreational fisheries.
(2) Over two-thirds of the wetlands that once existed in
the State of California have been severely degraded or no
longer exist.
(3) Over nine-tenths of the wetlands that once existed in
the city of Los Angeles, California, have been severely
degraded or no longer exist.
(4) The Ballona Wetlands constitute the last remaining
wetlands ecosystem of significant proportion located in the
city of Los Angeles.
(5) The Ballona Wetlands, though significantly degraded,
support 185 species of birds along the Pacific Flyway.
(6) The Ballona Wetlands are in imminent danger of an
ecosystem collapse.
(7) If fully restored, the Ballona Wetlands could--
(A) provide a major fish nursery habitat for the
adjoining Santa Monica Bay;
(B) improve the water quality of Santa Monica Bay
by acting as a natural filtration system;
(C) provide increased habitat for endangered
species and migratory birds; and
(D) provide significant educational opportunities
regarding wetlands functions for persons in surrounding
urban areas.
(8) It should be a high priority of the Federal Government
to encourage the full restoration of degraded wetlands.
(b) Purpose.--The purpose of this Act is to establish a
demonstration program to encourage the full tidal restoration of the
Ballona Wetlands.
SEC. 3. DISCHARGE OF DREDGED OR FILL MATERIAL AT BALLONA WETLANDS.
(a) Expedited Permitting.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall issue
regulations to provide for expedited consideration of permit
applications submitted under section 404 of the Federal Water Pollution
Control Act for the discharge of dredged or fill material into
navigable waters at the Ballona Wetlands, Los Angeles, California.
(b) Public Hearings.--Regulations issued under subsection (a) shall
provide for notice and opportunity for public hearings in accordance
with section 404(a) of the Federal Water Pollution Control Act.
SEC. 4. BALLONA WETLANDS DEMONSTRATION PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of the Army and
the heads of other Federal departments and agencies, shall establish,
in accordance with the requirements of this section, a demonstration
program to encourage the full restoration of the Ballona Wetlands, Los
Angeles, California.
(b) Mitigation Credits.--
(1) Award.--Under the demonstration program to be
established under subsection (a), the Administrator shall award
mitigation credits to persons who conduct activities for the
restoration of the Ballona Wetlands.
(2) Use.--Mitigation credits awarded under the
demonstration program may be used in obtaining permits under
section 404 of the Federal Water Pollution Control Act for
activities to be conducted between Point Conception,
California, and the Mexican Border.
(3) Banking.--The Administrator shall establish a
mitigation banking system in order to keep an accounting of
mitigation credits awarded under the demonstration program.
(4) Sale.--Mitigation credits awarded under the
demonstration program may be sold to third parties with the
approval of the Administrator. The Administrator shall give
priority to third parties who are engaged in water dependent
development in San Pedro Bay and who are located in the county
of Los Angeles in approving the sale of mitigation credits
under this paragraph.
(c) Regulations.--
(1) Deadline.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall issue
regulations to carry out the demonstration program to be
established under subsection (a).
(2) Contents.--Regulations to be issued under this
subsection shall contain the following:
(A) Scale for awarding of credits.--A scale for
awarding mitigation credits under the demonstration
program. Such scale shall take into account the degree
to which an activity will contribute to the full
restoration of the Ballona Wetlands and the
availability of other mitigation options.
(B) Guidelines for use of credits.--Guidelines for
determining how mitigation credits awarded under the
demonstration program may be used in obtaining permits
under section 404 of the Federal Water Pollution
Control Act. Such guidelines shall take into account
the relation between the ecological and economic
benefits of an activity for which mitigation credits
are to be awarded under the demonstration program and
the loss of habitat associated with the issuance of a
permit for an activity on the basis of such mitigation
credits.
(d) Limitation.--The award of mitigation credits under the
demonstration program to be established under subsection (a) shall not
be construed to constitute prior approval by any Federal or State
agency of any application for a permit for which such credits may
ultimately be used.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Administrator of the Environmental Protection Agency, in consultation
with the Secretary of the Army and the Secretary of the Interior, shall
transmit to Congress a report on the results of the demonstration
program to be established under section 4.
(b) Contents.--Each report to be transmitted to Congress under
subsection (a) shall at a minimum contain the following:
(1) An estimate of the total number of acres of wetlands
which have been restored under the demonstration program to be
established under section 4.
(2) An assessment of the effectiveness of the demonstration
program in achieving the policy set forth in section 2(a)(7).
(3) An assessment of the functions of the wetlands which
have been restored under the demonstration program.
(4) An assessment of whether or not establishment of the
demonstration program has resulted in more timely completion of
mitigation activities under section 404 of the Federal Water
Pollution Control Act or in greater ease of administration of
permitting programs under such section.
(5) A description of the costs associated with
administering the demonstration program. | Ballona Wetlands Restoration Act of 1993 - Directs the Secretary of the Army to issue regulations for the expedited consideration of permit applications submitted under the Federal Water Pollution Control Act for the discharge of dredged or fill material into navigable waters at the Ballona Wetlands in Los Angeles, California.
Requires the Administrator of the Environmental Protection Agency to establish a demonstration program to encourage the full restoration of such wetlands. Provides for mitigation credits to persons who conduct restoration activities. Permits credits to be used for obtaining permits for the discharge of dredged or fill material between Point Conception, California, and the Mexican border. Requires the Administrator to establish a mitigation banking system and authorizes the sale of credits to third parties with the Administrator's approval. | {"src": "billsum_train", "title": "Ballona Wetlands Restoration Act of 1993"} | 1,451 | 172 | 0.582735 | 1.719899 | 0.760273 | 4.179856 | 9.517986 | 0.942446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Data Transparency and
Public Access Act of 2010''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Since its launch in 1995, the Web site THOMAS has been
an important source of free public information on Federal
legislation.
(2) In the years since the introduction of THOMAS, the
Internet has evolved into what is commonly referred to as Web
2.0, which encourages the reuse of open source information
though collaboration, interactivity, and data standardization.
(3) Allowing the public to download the THOMAS Web site's
bulk legislative summary and status data will enable
independent Web sites and outside watchdog groups to use the
data in new and innovative ways that make the proceedings of
Congress easier to follow and government more transparent.
(4) In its 2007 report on Congressional Information and the
Internet, the Open House Project recommended that Congress
``make available to the public a well-supported database of all
bill status and summary information currently accessible
through the Library of Congress.''
(5) The Open House Project also noted that ``Six states
already publish the status of their state legislation in a
structured data format: Connecticut, Illinois . . . Minnesota,
Oregon, Texas and Virginia.''
(b) Sense of Congress.--It is the sense of Congress that the
Library of Congress should work toward improving public access to all
THOMAS data, including the text of legislation, in bulk.
SEC. 3. PUBLIC AVAILABILITY OF BULK LEGISLATIVE DATA.
(a) Public Availability Through Internet.--As soon as practicable,
the Librarian of Congress, in consultation with the Director of the
Congressional Research Service, the Public Printer, the Clerk of the
House of Representatives, and the Secretary of the Senate, shall make
available to the public through the Internet the bulk legislative
summary and status data used by the Librarian to provide the
information the Librarian posts on the THOMAS Web site.
(b) Method and Manner of Availability.--In making available the
bulk legislative data required under subsection (a), the Librarian
shall ensure the following:
(1) The data is available in a searchable, sortable, and
downloadable manner.
(2) The data available for downloading shall include status
and summary information on legislation.
(3) The data is provided in a structured, nonproprietary
format.
(4) The data is available free of charge.
(5) The data is updated continuously in a timely manner.
(6) The database involved includes the following supporting
information:
(A) A roster showing each Member of Congress
(including each Delegate and Resident Commissioner to
the Congress), the Member's committee assignments, and
the ZIP Codes included in each Member's congressional
district.
(B) Such other supporting information as the
Librarian considers appropriate.
(7) The data is provided in a manner consistent with the
standards developed and published under subsection (c).
(c) Development of Standards.--Prior to making available the bulk
legislative data described in subsection (a), the Librarian of
Congress, in consultation with the individuals described in such
subsection, shall develop and publish standards for the downloading and
public availability of the data, and shall update such standards at
such frequency as the Librarian considers appropriate.
SEC. 4. ADVISORY COMMITTEE ON THOMAS.
(a) Advisory Committee.--There is hereby established in the Library
of Congress the Advisory Committee on THOMAS (hereafter in this section
referred to as the ``Advisory Committee'').
(b) Members.--
(1) Appointment.--The Advisory Committee shall consist of
16 members appointed as follows:
(A) Seven individuals appointed by the Librarian of
Congress who have expertise in disciplines such as
legislative access, Internet technology, and open
government, and who shall include representatives of
academia, the nonprofit sector, the for-profit sector,
and users of the THOMAS Web site.
(B) Four individuals appointed by the Librarian of
Congress who are employees of the Federal government
with expertise in access to government information and
Internet technology.
(C) The Law Librarian of Congress (or the Law
Librarian's designee).
(D) The Clerk of the House of Representatives (or
the Clerk's designee).
(E) The Secretary of the Senate (or the Secretary's
designee).
(F) The Public Printer (or the Public Printer's
designee).
(G) The Director of the Congressional Research
Service (or the Director's designee).
(2) Deadline for appointments.--The Librarian of Congress
shall appoint the members described in subparagraphs (A) and
(B) of paragraph (1) not later than 60 days after the date of
the enactment of this Act.
(3) Term of service; vacancies.--Members of the Advisory
Committee shall serve for a term of 3 years, and may be
appointed to additional terms. Any vacancy in the Advisory
Committee shall be filled in the manner in which the original
appointment was made.
(4) No compensation.--Members of the Advisory Committee
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code. Members of the Advisory Committee who
are full-time officers or employees of the United States may
not receive additional pay, allowances, or benefits by reason
of their service on the Commission.
(c) Support From Librarian of Congress.--The Librarian of Congress
shall provide the Advisory Board with the administrative, professional,
and technical support required by the Advisory Board to carry out its
responsibilities under this section.
(d) Meetings.--The Advisory Committee shall meet on a regular basis
at the call of a majority of its members. Meetings shall be open to the
public.
(e) Duties.--The Advisory Committee shall--
(1) review progress toward making all of the data of the
THOMAS Web site available in bulk; and
(2) provide general advice to the Librarian of Congress on
improving digital access and THOMAS services.
(f) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Advisory Committee
shall submit a report on its activities to the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate, and shall include in the report
such recommendations as the Advisory Committee considers appropriate. | Legislative Data Transparency and Public Access Act of 2010 - Expresses the sense of Congress that the Library of Congress should work toward improving public access to all THOMAS data, including the text of legislation, in bulk.
Requires the Librarian of Congress to make available to the public through the Internet the bulk legislative summary and status data used by the Librarian to provide the information posted on the Library's legislative information website (www.thomas.gov).
Directs the Librarian to: (1) develop and publish standards for the downloading and public availability of such data; and (2) update such standards at an appropriate frequency.
Establishes in the Library of Congress the Advisory Committee on THOMAS. | {"src": "billsum_train", "title": "To direct the Librarian of Congress to make available to the public the bulk legislative summary and status data used to provide the information posted on the THOMAS website, and for other purposes."} | 1,437 | 152 | 0.672218 | 1.875757 | 0.755591 | 5.930769 | 10.376923 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Officers Memorial
Scholarship Act''.
SEC. 2. SCHOLARSHIPS AUTHORIZED.
(a) In General.--
(1) Scholarship awards.--The Secretary is authorized to
award a scholarship to--
(A) any eligible applicant who is attending, or who
has been accepted for attendance at, any eligible
institution providing instruction for one or more of
grades kindergarten through 12; or
(B) any eligible applicant who is enrolled, or has
been accepted for enrollment, in an eligible
institution as a full-time or part-time postsecondary
level student.
(2) Application.--To receive a scholarship award under this
Act, each eligible applicant shall submit an application to the
Secretary in such time and manner as may be determined
appropriate by the Secretary, accompanied by a certification
from the head of the agency that employed the public safety
officer to whom the applicant was married (in the case of a
surviving spouse), or with whom the applicant was living or
from whom the applicant was receiving support contributions (in
the case of a dependent child), stating that such officer died
as a result of the performance of the officer's official
duties.
(b) Maximum Award.--
(1) Elementary and secondary awards.--For any academic
year, the maximum amount of a scholarship award under this
section for a kindergarten or elementary or secondary school
student may equal, but not exceed, the lesser of the following:
(A) The average per pupil expenditure for
elementary and secondary education of the local
educational agency for the geographic area in which the
eligible applicant resides.
(B) The actual cost to the student for attendance
at the school, including expenses such as tuition,
fees, books, transportation costs, and other related
expenses determined by the Secretary.
(2) Postsecondary awards.--For any academic year, the
maximum amount of a scholarship award under this section for a
postsecondary student may equal, but not exceed, the lesser of
the following:
(A) The average cost of attendance (as defined in
section 472 of the Higher Education Act of 1965), at a
State university in the State in which the student
resides, for a State resident carrying the same
academic workload as the student, with the same number
of dependents as the student, and residing in the same
type of housing as the student.
(B) The actual cost of attendance (as defined in
section 472 of the Higher Education Act of 1965) of
such student.
(c) Award Period.--The duration of each award under this Act--
(1) for a kindergarten or elementary or secondary school
student, shall be the period of time normally required for the
completion of a high school diploma by a student in the grade
that the recipient is in at the time the award commences; and
(2) for a postsecondary student, shall be the lesser of--
(A) the time actually required by the student to
complete a course of study and obtain a diploma; and
(B) 6 years in the case of a student engaged in
undergraduate studies and 3 years in the case of a
student engaged in postgraduate studies.
(d) Notification.--The Secretary shall notify the recipient and the
eligible institution of the applicant's selection for receipt of an
award under this Act, the conditions pertaining to award eligibility
and continuance.
(e) Fiscal Agent.--The Secretary shall, if practicable, use the
eligible institution as fiscal agent for payment of an award.
SEC. 3. ADDITIONAL AWARD REQUIREMENTS.
A student awarded a scholarship grant under this Act, as a
condition for initial receipt of such award and periodically thereafter
as a condition for its continuation, shall demonstrate to the
satisfaction of the Secretary that the student is--
(1) maintaining satisfactory progress in the course of
study the student is pursuing--
(A) in the case of a kindergarten or elementary or
secondary school student, as determined by the
Secretary; and
(B) in the case of a postsecondary student,
consistent with section 484(c) of the Higher Education
Act of 1965;
(2) committed to remaining drug-free; and
(3) attending class on a regular basis as to not interfere
with normal course of studies except for excused absence for
vacation, illness, military service and such other periods
deemed good cause by the eligible institution or the Secretary.
SEC. 4. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.
For the purposes of this Act, the Secretary is authorized to enter
into agreements with eligible institutions in which any student
receiving a scholarship award under this Act has enrolled or has been
accepted for enrollment. Each such agreement shall--
(1) provide that an eligible institution will cooperate
with the Secretary in carrying out the provisions of this Act,
including the provision of information necessary for a student
to satisfy the requirements in section 3;
(2) provide that the institution will conduct a periodic
review to determine whether students enrolled and receiving
scholarship awards continue to be entitled to payments under
this Act and will notify the Secretary of the results of such
reviews; and
(3) provide for control and accounting procedures as may be
necessary to assure proper disbursements and accounting of
funds paid under to the institution under section 2(e).
SEC. 5. DEFINITIONS.
In this Act:
(1) Dependent child.--The term ``dependent child'' means a
child who is either living with or receiving regular support
contributions from a public safety officer at the time of the
officer's death, including a stepchild or an adopted child.
(2) Eligible applicant.--The term ``eligible applicant''
means a person residing in a State who is--
(A) a surviving spouse; or
(B) a dependent child.
(3) Eligible institution.--The term ``eligible
institution'' means a public or private kindergarten or
elementary or secondary school, or any institution defined in
section 435(a) of the Higher Education Act of 1965, if the
kindergarten, school, or institution--
(A) is located in a State; and
(B) complies with the antidiscrimination provisions
of section 601 of the Civil Rights Act of 1964 and does
not discriminate on the basis of race.
(4) Public safety officer.--The term ``public safety
officer'' means a person serving a public agency of a State or
of a unit of general local government, with or without
compensation, as--
(A) a law enforcement officer, including a
corrections or a court officer engaged in--
(i) apprehending or attempting to apprehend
of any person--
(I) for the commission of a
criminal act; or
(II) who at the time was sought as
a material witness in a criminal
proceeding; or
(ii) protecting or guarding a person held
for the commission of a criminal act, or held
as a material witness in connection with a
criminal act; or
(iii) lawfully preventing of, or lawfully
attempting to prevent the commission of, a
criminal act or an apparent criminal act in the
performance of his official duty; or
(B) a firefighter.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(7) Surviving spouse.--The term ``surviving spouse'' means
the legally married husband or wife of a public safety officer
at the time of the officer's death.
(8) Unit of general local government.--The term ``unit of
general local government'' means any city, county, township,
town, borough, parish, village, or any other general purpose
subdivision of a State, or any Indian tribe which the Secretary
of the Interior determines performs law enforcement functions. | Public Safety Officers Memorial Scholarship Act - Authorizes the Secretary of Education to award scholarships to surviving spouses and dependent children of State or local public safety officers who are killed in performance of their official duties. Provides that such scholarships may be for public or private kindergarten, or elementary or secondary school, or for an institution of higher education. | {"src": "billsum_train", "title": "Public Safety Officers Memorial Scholarship Act"} | 1,730 | 72 | 0.542696 | 1.236696 | 0.893778 | 2.2 | 25.153846 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid and SCHIP Abuse Prevention
Act of 2008''.
SEC. 2. SCHIP AND MEDICAID GROSS INCOME ELIGIBILITY CEILING.
(a) Application of SCHIP Eligibility Ceiling.--
(1) In general.--Section 2110 of the Social Security Act
(42 U.S.C. 1397jj) is amended--
(A) in subsection (b)(1)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) whose gross family income (as defined in
subsection (c)(9)) does not exceed 250 percent of the
poverty line.''; and
(B) in subsection (c), by adding at the end the
following new paragraph:
``(9) Gross family income.--
``(A) In general.--Subject to subparagraph (B), the
term `gross family income' means, with respect to an
individual, gross income (as defined by the Secretary
in regulations) for the members of the individual's
family. For purposes of the previous sentence, in
defining `gross income' the Secretary shall, to the
maximum extent practicable, include income from
whatever source, other than amounts deducted under
section 62(a)(1) of the Internal Revenue Code of 1986.
``(B) Income disregards authorized.--A State may
provide, through a State plan amendment and with the
approval of the Secretary, for the disregard from gross
family income of one or more amounts so long as the
total amount of such disregards for a family does not
exceed $250 per month, or $3,000 per year.''.
(2) Denial of federal matching payments for state schip
expenditures for individuals with gross family income above 250
percent of the poverty line.--Section 2105(c) of the Social
Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the
end the following new paragraph:
``(8) Denial of payments for expenditures for child health
assistance for individuals whose gross family income exceeds
250 percent of the poverty line.--No payment may be made under
this section, for any expenditures for providing child health
assistance or health benefits coverage under a State child
health plan under this title, including under a waiver under
section 1115, with respect to an individual whose gross family
income (as defined in section 2110(c)(9)) exceeds 250 percent
of the poverty line.''.
(3) Conforming amendment to maintenance of effort.--Section
2105(d)(1) of such Act (42 U.S.C. 1397ee(d)(1)) is amended by
inserting before the period at the end the following: ``,
unless such income standards were adopted in order to comply
with the requirements of section 1939''.
(b) Medicaid Gross Income Eligibility Ceiling.--
(1) In general.--Title XIX of the Social Security Act is
amended by redesignating section 1939 as section 1940 and by
inserting after section 1940 the following new section:
``SEC. 1939. INCOME ELIGIBILITY LIMITATION.
``Notwithstanding any other provision of this title, no individual
with gross family income (as defined in section 2110(c)(9)) that
exceeds 250 percent of the poverty line shall be eligible to receive
medical assistance under a State plan under this title, including under
a waiver under section 1915 or 1115.''.
(2) Denial of federal matching payments for state
expenditures for medical assistance for individuals whose gross
family income exceeds 250 percent of the federal poverty
line.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is
amended--
(A) in paragraph (22) by striking ``or'' at the
end;
(B) in paragraph (23) by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (23) the following
new paragraph:
``(24) if a State fails to comply with the provisions of
section 1939, with respect to amounts expended by a State for
medical assistance for individuals to whom the income
eligibility limitation under such section applies.''.
(3) Medicaid state plan requirements.--Section 1902(a) of
such Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at the
end;
(B) in paragraph (70) by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (70) the following
new paragraph:
``(71) provide that the State complies with the
requirements of section 1939.''.
(4) Conforming amendment relating to income eligibility.--
Section 1903(f)(1)(A) of such Act (42 U.S.C. 1396b(f)(1)(A)) is
amended by inserting before the period at the end the
following: ``, if such payments are not otherwise prohibited
under subsection (i)(24),''.
(c) Effective Date; Transition.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply to payments made for items and
services furnished on or after the first day of the first
calendar quarter beginning more than 90 days after the date of
the enactment of this Act.
(2) Transition.--The amendments made by--
(A)(i) subsection (a)(1) shall not apply to an
individual who was receiving, or was determined
eligible to receive, child health assistance or health
benefits coverage under a State child health plan under
title XXI of the Social Security Act, including under a
waiver under section 1115 of such Act, as of the day
before the date of the enactment of this Act, until
such date as the individual is determined ineligible
using income standards or methodologies in place as of
the day before the date of the enactment of this Act;
and
(ii) subsection (a)(2) shall not apply to payment
for items and services furnished to an individual
described in clause (i);
(B)(i) subsection (b)(1) shall not apply to an
individual who was receiving, or was determined
eligible to receive, medical assistance or health
benefits coverage under a State plan under title XIX of
the Social Security Act, including under a waiver under
section 1115 of such Act, as of the day before the date
of the enactment of this Act, until such date as the
individual is determined ineligible using income
standards or methodologies in place as of the day
before the date of the enactment of this Act; and
(ii) subsection (b)(2) shall not apply to payment
for items and services furnished to an individual
described in clause (i). | Medicaid and SCHIP Abuse Prevention Act of 2008 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to place a ceiling on an invidiual's eligibility for Medicaid and SCHIP benefits at a gross family income that is not more than 250% of the poverty level. | {"src": "billsum_train", "title": "To amend titles XIX and XXI of the Social Security Act to place a general eligibility ceiling of 250 percent of the poverty level on gross income for eligibility for benefits under Medicaid and SCHIP."} | 1,596 | 88 | 0.501346 | 1.264075 | 0.606193 | 1.857143 | 21.952381 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wheeling National Heritage Area Act
of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the area in and around Wheeling, West Virginia,
possesses important historical, cultural, and natural
resources, representing major heritage themes of
transportation, commerce and industry, and Victorian culture in
the United States;
(2) the city of Wheeling has played an important part in
the settlement of this country by serving as--
(A) the western terminus of the National Road of
the early 1800's;
(B) the ``Crossroads of America'' throughout the
nineteenth century;
(C) one of the few major inland ports in the
nineteenth century; and
(D) the site for the establishment of the Restored
State of Virginia, and later the State of West
Virginia, during the Civil War and as the first capital
of the new State of West Virginia;
(3) the city of Wheeling has played an important role in
the industrial and commercial heritage of the United States,
through the development and maintenance of many industries
crucial to the Nation's expansion, including iron and steel,
textile manufacturing, boat building, glass manufacturing, and
stogie and chewing tobacco manufacturing facilities, many of
which are industries that continue to play an important role in
the national economy;
(4) the city of Wheeling has retained its national heritage
themes with the designations of the old custom house (now
Independence Hall) and the historic suspension bridge as
National Historic Landmarks; with five historic districts; and
many individual properties in the Wheeling area listed or
eligible for nomination to the National Register of Historic
Places;
(5) the heritage themes and number and diversity of
Wheeling's remaining resources should be appropriately
retained, enhanced, and interpreted for the education, benefit,
and inspiration of the people of the United States; and
(6) in 1992 a comprehensive plan for the development and
administration of the Wheeling National Heritage Area was
completed for the National Park Service, the city of Wheeling,
and the Wheeling National Heritage Task Force, including--
(A) an inventory of the natural and cultural
resources in the city of Wheeling;
(B) criteria for preserving and interpreting
significant natural and historic resources;
(C) a strategy for the conservation, preservation,
and reuse of the historical and cultural resources in
the city of Wheeling and the surrounding region;
(D) an implementation agenda by which the State of
West Virginia and local governments can coordinate
their resources; and
(E) a complete description of the management entity
responsible for implementing the comprehensive plan.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the special importance of the history and
development of the Wheeling area in the cultural heritage of
the Nation;
(2) to provide a framework to assist the city of Wheeling
and other public and private entities and individuals in the
appropriate preservation, enhancement, and interpretation of
significant resources in the Wheeling area emblematic of
Wheeling's contributions to the Nation's cultural heritage;
(3) to allow for limited Federal, State, and local capital
contributions for planning and infrastructure investments to
complete the Wheeling National Heritage Area, in partnership
with the State of West Virginia, the city of Wheeling, and
other appropriate public and private entities; and
(4) to provide for an economically self-sustaining National
Heritage Area not dependent on Federal financial assistance
beyond the initial years necessary to establish the heritage
area.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``City'' means the city of Wheeling;
(2) the term ``heritage area'' means the Wheeling National
Heritage Area established in section 4;
(3) the term ``plan'' means the ``Plan for the Wheeling
National Heritage Area'' dated August 1992;
(4) the term ``Secretary'' means the Secretary of the
Interior; and
(5) the term ``State'' means the State of West Virginia.
SEC. 4. WHEELING NATIONAL HERITAGE AREA.
(a) Establishment.--In furtherance of the purposes of this Act,
there is established in the State of West Virginia the Wheeling
National Heritage Area, as generally depicted on the map entitled
``Boundary Map, Wheeling National Heritage Area, Wheeling, West
Virginia'' and dated March, 1994. The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(b) Management Entity.--The management entity for the heritage area
shall be the Wheeling National Heritage Area Corporation, a nonprofit
corporation chartered in the State of West Virginia.
SEC. 5. DUTIES OF THE MANAGEMENT ENTITY.
(a) In General.--The duties of the management entity shall be to--
(A) manage the heritage area in accordance with the
plan;
(B) implement and coordinate the recommendations
contained in the plan;
(C) ensure integrated operation of the heritage
area;
(D) conserve and interpret the historic and
cultural resources of the heritage area;
(E) direct and coordinate the diverse conservation,
development, programming, educational, and interpretive
activities within the heritage area; and
(F) work with the State and local governments to
ensure that the plan is formally adopted by the City
and recognized by the State.
(b) Implementation.--To the extent practicable, the management
entity shall--
(1) implement the recommendations contained in the plan in
a timely manner pursuant to the schedule identified in the
plan;
(2) coordinate its activities with the City, the State, and
the Secretary;
(3) ensure the conservation and interpretation of the
heritage area's historical, cultural, and natural resources,
including--
(A) assisting the City and the State in the
preservation of sites, buildings, and objects within
the heritage area which are listed or eligible for
listing on the National Register of Historic Places;
(B) assisting the City, the State, or a nonprofit
organization in the restoration of any historic
building in the heritage area;
(C) increasing public awareness of and appreciation
for the natural, cultural, and historic resources of
the heritage area;
(D) assisting the State or City in designing,
establishing, and maintaining appropriate interpretive
facilities and exhibits in the heritage area;
(E) assisting in the enhancement of public
awareness and appreciation for the historical,
archaeological, and geologic resources and sites in the
heritage area; and
(F) encouraging the City and other local
governments to adopt land use policies consistent with
the goals of the plan, and to take actions to implement
those policies;
(4) encourage intergovernmental cooperation in the
achievement of these objectives;
(5) develop recommendations for design standards within the
heritage area; and
(6) seek to create public-private partnerships to finance
projects and initiatives within the heritage area.
(c) Authorities.--The management entity may, for the purposes of
implementing the plan, use Federal funds made available by this Act
to--
(1) make loans or grants to the State, City, or other
appropriate public or private organizations, entities, or
persons;
(2) enter into cooperative agreements with, or provide
technical assistance to Federal agencies, the State, City, or
other appropriate public or private organizations, entities, or
persons;
(3) hire and compensate such staff as the management entity
deems necessary;
(4) obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money;
(5) spend funds on promotion and marketing consistent with
the resources and associated values of the heritage area in
order to promote increased visitation; and
(6) contract for goods and services.
(d) Acquisition of Real Property.--
(1) In general.--Except as provided in paragraph (2), the
management entity may not acquire any real property or interest
therein within the heritage area, other than the leasing of
facilities.
(2) Conditions for acquisition.--(A) Subject to
subparagraph (B), the management entity may acquire real
property, or an interest therein, within the heritage area by
gift or devise, or by purchase from a willing seller with money
which was donated, bequeathed, appropriated, or otherwise made
available to the management entity on the condition that such
money be used to purchase real property, or interest therein,
within the heritage area.
(B) Any real property or interest therein acquired by the
management entity pursuant to this paragraph shall be conveyed
in perpetuity by the management entity to an appropriate public
or private entity, as determined by the management entity. Any
such conveyance shall be made as soon as practicable after
acquisition, without consideration, and on the condition that
the real property or interest therein so conveyed shall be used
for public purposes.
SEC. 6. DUTIES OF THE SECRETARY.
(a) Interpretive Support.--The Secretary may, upon request of the
management entity, provide appropriate interpretive, planning,
educational, staffing, exhibits, and other materials or support for the
heritage area, consistent with the plan and as appropriate to the
resources and associated values of the heritage area.
(b) Technical Assistance.--The Secretary shall, upon request of the
management entity and consistent with the plan, provide technical
assistance to the management entity.
(c) Cooperative Agreements, Loans, and Grants.--The Secretary may,
in consultation with the management entity and consistent with the
management plan, make loans and grants to, and enter into cooperative
agreements with the management entity, the State, City, nonprofit
organization or any person.
(d) Plan Amendments.--No amendments to the plan may be made unless
such amendments are approved by the Secretary. The Secretary shall
consult with the management entity in reviewing any proposed
amendments.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal department, agency, or other entity conducting or
supporting activities directly affecting the heritage area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act, and to the extent
practicable, coordinate such activities directly with the
duties of the Secretary and the management entity; and
(3) to the extent practicable, conduct or support such
activities in a manner which the management entity determines
will not have an adverse effect on the heritage area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Makes the Wheeling National Heritage Area Corporation the management entity for the Area. | {"src": "billsum_train", "title": "Wheeling National Heritage Area Act of 2000"} | 2,251 | 17 | 0.503478 | 1.299853 | -0.132023 | 3.785714 | 159.785714 | 0.928571 |
SECTION 1. 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 chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Defendants subject to capital punishment and prisoners in State
custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus petition; time requirements; tolling
rules.
``2264. Evidentiary hearings; scope of Federal review; district court
adjudication.
``2265. Certificate of probable cause inapplicable.
``2266. Counsel in capital cases; trial and post-conviction standards.
``2267. Law controlling in Federal habeas corpus proceedings;
retroactivity.
``2268. Habeas corpus time requirements.
``Sec. 2261. Defendants subject to capital punishment and prisoners in
State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute;
procedures for appointment
``(a) This chapter shall apply--
``(1) to--
``(A) cases in which the defendant is tried for a
capital offense; or
``(B) cases arising under section 2254 of this
title brought by prisoners in State custody who are
subject to a capital sentence; and
``(2) only if subsections (b) and (c) are satisfied.
``(b) 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 2266 of this title.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State defendants tried for a capital offense and all
State prisoners under capital sentence and must provide for the entry
of an order by a court of record--
``(1) appointing one or more counsel to represent the
defendant or prisoner upon a finding that the defendant or
prisoner--
``(A) is indigent and has accepted the offer; or
``(B) is unable competently to decide whether to
accept or reject the offer;
``(2) finding, after a hearing, if necessary, that the
defendant or prisoner has rejected the offer of counsel and
made the decision with an understanding of its legal
consequences; or
``(3) denying the appointment of counsel upon a finding
that the defendant or prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent--
``(1) a State defendant being tried for a capital offense;
or
``(2) prisoner under capital sentence during direct appeals
in the State courts,
shall have previously represented the defendant or prisoner at trial or
on direct appeal in the case for which the appointment is made unless
the defendant or prisoner and counsel expressly request continued
representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal collateral post-conviction proceedings in a capital case
shall not be a ground for relief in a proceeding arising under this
chapter. This subsection shall not preclude the appointment of
different counsel at any phase of Federal post-conviction proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order pursuant to section 2261(c) of this title for a prisoner under
capital sentence, 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 this chapter.
The application must recite that the State has invoked the procedures
of this chapter and that the scheduled execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under this chapter within the time required in section
2263 of this title; or
``(2) upon completion of district court and court of
appeals review under this chapter, 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) before a court of competent jurisdiction, a State
prisoner under capital sentence waives the right to pursue
habeas corpus review under section 2254 of this title, in the
presence of counsel and after having been advised of the
consequences of making the waiver.
``(c) If one of the conditions in subsection (b) has occurred, 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 in the State or Federal courts;
``(2) the failure to raise the claim--
``(A) was the result of State action in violation
of the Constitution or laws of the United States;
``(B) was the result of a recognition by the
Supreme Court of a new fundamental right that is
retroactively applicable; or
``(C) is due to the fact the claim is based on
facts that could not have been discovered through the
exercise of reasonable diligence in time to present the
claim for State or Federal post-conviction review; and
``(3) the filing of any successive petition for a writ of
habeas corpus is authorized by the appropriate court of appeals
in accordance with section 2264(c) and the facts underlying the
claim would be sufficient, if proved, to undermine the court's
confidence in the jury's determination of guilt on the offense
or offenses for which the death penalty was imposed or newly
discovered facts which are not based upon or include opinion
evidence, expert or otherwise, which would be sufficient to
undermine the court's confidence in the validity of the death
sentence.
``Sec. 2263. Filing of habeas corpus petition; time requirements;
tolling rules
``(a) Any petition filed under this chapter for habeas corpus
relief must be filed in the appropriate district court not later than
60 days after the filing in the appropriate State court of record of an
order issued in compliance with section 2261(c) of this title. 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; and
``(2) during an additional period not to exceed 60 days, if
counsel for the State prisoner--
``(A) moves for an extension of time in Federal
district court that would have 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
60-day period established by this section. A court that
finds that good cause has been shown shall explain in
writing the basis for such a finding.
``(b) A notice of appeal from a judgment of the district court in a
claim under this chapter shall be filed within 20 days of the entry of
judgment.
``(c) A petition for a writ of certiorari to the Supreme Court of
the United States in a claim under this chapter shall be filed within
20 days of the issuance of the mandate by the court of appeals.
``Sec. 2264. Evidentiary hearings; scope of Federal review; district
court adjudication
``(a) Whenever a State prisoner under a capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court--
``(1) shall determine the sufficiency of the evidentiary
record for habeas corpus review; and
``(2) may conduct an evidentiary hearing when the court, in
its discretion, determines that such hearing is necessary to
complete the record for habeas corpus review.
``(b) Upon the development of a complete evidentiary record, the
district court shall rule on the merits of the claims properly before
it within the time limits established in section 2268 of this title.
``(c)(1) Except as provided in paragraph (2), a district court may
not consider a successive claim under this chapter.
``(2) A district court may only consider a successive claim under
this chapter if the petitioner seeks leave to file a successive
petition in the appropriate court of appeals.
``(3) In a case in which the appropriate court of appeals grants
leave to file a successive petition, the time limits established by
this chapter shall be applicable to all further proceedings under the
successive petition.
``Sec. 2265. 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.
``Sec. 2266. Counsel in capital cases; trial and post-conviction
standards
``(a) A mechanism for the provision of counsel services to
indigents sufficient to invoke the provisions of this chapter shall--
``(1) provide for counsel to indigents charged with
offenses for which capital punishment is sought, to indigents
who have been sentenced to death and who seek appellate or
collateral review in State court, and to indigents who have
been sentenced to death and who seek certiorari review in the
United States Supreme Court; collateral review in State court,
and to indigents who have been sentenced to death and who seek
certiorari review in the United States Supreme Court; and
``(2) provide for the entry of an order of a 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)(1) Except as provided below, 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 below. 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 law, relying on staff attorneys of a
defender organization, members of the private bar, or both; or
``(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.
The certification authority shall--
``(iv) certify attorneys qualified to represent persons
charged with capital offenses or sentenced to death; and
``(v) draft and annually publish procedures and standards
by which attorneys are certified and rosters of certified
attorneys; and
``(vi) 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) In a State that has a publicly funded public defender system
that is not organized on a statewide basis, the requirements of section
2261(b) shall have been 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, 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) ensure that the attorneys working for such organization
demonstrate continuing competence to represent indigents in capital
litigation.
``(c) If a State has not elected to establish one or more statewide
certification authorities to certify counsel eligible to be appointed
before trial to represent indigents, 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.
``(d) If a State has not elected to establish one or more statewide
certification authorities to certify counsel eligible to be appointed
after trial to represent indigents, 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's courts in felony
cases.
``(e) Notwithstanding this subsection, a court, for good cause, 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.
``(f) 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 fees and expenses
therefor, under subsection (g). 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.
``(g) 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.
``Sec. 2267. Law controlling in Federal habeas corpus proceedings;
retroactivity
``In cases subject to this chapter, all claims shall be governed by
the law as it was when the petitioner's sentence became final. A court
considering a claim under this chapter shall consider intervening
decisions by the Supreme Court of the United States which establish
fundamental constitutional rights.
``Sec. 2268. Habeas corpus time requirements
``(a) A Federal district court shall determine any petition for a
writ of habeas corpus brought under this chapter within 110 days of
filing
``(b) The court of appeals shall hear and determine any appeal of
the granting, denial, or partial denial of a petition for a writ of
habeas corpus brought under this chapter within 90 days after the
notice of appeal is filed.
``(c) The Supreme Court shall act on any petition for a writ of
certiorari in a case brought under this chapter within 90 days after
the petition is filed.
``(d) The Administrative Office of United States Courts shall
report annually to Congress on the compliance by the courts with the
time limits established in this section.''.
Sec. 2. Amendment 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.... 2261''.
Sec. 3. Amendment to Section 2254 of Title 28.--Section 2254(c) of
title 28, United States Code, is amended by--
(1) striking ``An applicant'' and inserting ``(1) Except as
provided in paragraph (2), an applicant''; and
(2) adding at the end thereof the following:
``(2) An applicant in a capital case shall be deemed to have
exhausted the remedies available in the courts of the State when he has
exhausted any right to direct appeal in the State.''. | Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by defendants subject to capital punishment and prisoners in State custody who are subject to a capital sentence, contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel.
Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act.
Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization) to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) publish standards by which attorneys are certified and rosters; and (3) 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 or to demonstrate continuing competence to represent prisoners in capital litigation.
Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this Act.
Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements.
Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State. | {"src": "billsum_train", "title": "A bill to provide expedited procedures for the consideration of habeas corpus petitions in capital cases."} | 3,818 | 372 | 0.618043 | 1.867593 | 0.845237 | 5.370821 | 10.972644 | 0.933131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Authors without Limiting
Advancement or Net Consumer Expectations (BALANCE) Act of 2003''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The law of copyright is often described as a
``difficult balance between the interests of authors . . . in
the control and exploitation of their writings . . . on the one
hand, and society's competing interest in the free flow of
ideas, information, and commerce on the other hand.'' Sony
Corp. v. Universal City Studios, Inc., 464 U.S. 417, 429
(1984).
(2) Copyright seeks to encourage and reward creative
efforts by securing a fair return for an author's labor.
Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156
(1975). At the same time, ``[f]rom the infancy of copyright
protection, some opportunity for fair use of copyrighted
materials has been thought necessary to fulfill copyright's
very purpose, `[t]o promote the Progress of Science and useful
Arts . . .''' Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569,
575 (1994).
(3) ``[P]rivate motivation must ultimately serve the cause
of promoting broad public availability of literature, music,
and the other arts . . . When technological change has rendered
its literal terms ambiguous, the Copyright Act must be
construed in light of this basic purpose.'' Twentieth Century
Music Corp., 422 U.S. at 156.
(4) Advances in technology have often prompted changes to
the copyright laws to maintain the balance. For example, the
development of player pianos preceded the enactment of the
Copyright Act of 1909. The development of cable television
prompted complex reforms to section 111 of title 17, United
States Code. Sony, 464 U.S. at 430-31.
(5) The development of digital technology and the rise of
the Internet have once again altered the balance. On the one
hand, digital technology threatens the rights of copyright
holders. Perfect digital copies of songs and movies can be
publicly transmitted, without authorization, to thousands of
people at little or no cost. On the other hand, technological
control measures give copyright holders the capacity to limit
nonpublic performances and threaten society's interests in the
free flow of ideas, information, and commerce.
(6) The Digital Millennium Copyright Act (``DMCA'') was
enacted as an attempt to safeguard the traditional balance in
the face of these new challenges. It gave copyright holders the
ability to fight digital piracy by employing technical
restrictions that prevent unlawful access and copying. In
practice, however, the DMCA also endangered the rights and
expectations of legitimate consumers.
(7) Contrary to the intent of Congress, section 1201 of
title 17, United States Code, has been interpreted to prohibit
all users--even lawful ones--from circumventing technical
restrictions for any reason. As a result, the lawful consumer
cannot legally circumvent technological restrictions, even if
he or she is simply trying to exercise a fair use or to utilize
the work on a different digital media device. See, e.g.,
Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 294,
321-24 (S.D.N.Y. 2000) (DMCA failed to give consumers the
technical means to make fair uses of encrypted copyrighted
works).
(8) The authors of the DMCA never intended to create such a
dramatic shift in the balance. As the report of the Committee
of the Judiciary of the House of Representatives accompanying
the DMCA stated: ``[A]n individual [should] not be able to
circumvent in order to gain unauthorized access to a work, but
[should] be able to do so in order to make fair use of a work
which he or she has acquired lawfully.'' House Report 105-551,
Part I, Section-by-Section Analysis of section 1201(a)(1).
(9) It is now necessary to restore the traditional balance
between copyright holders and society, as intended by the 105th
Congress. Copyright laws in the digital age must prevent and
punish digital pirates without treating every consumer as one.
SEC. 3. PROTECTING FAIR USE AND CONSUMER EXPECTATIONS IN THE DIGITAL
WORLD.
(a) Fair Use.--The first sentence of section 107 of title 17,
United States Code, is amended by inserting after ``or by any other
means specified in that section,'' the following: ``including by analog
or digital transmissions,''.
(b) Permissible Uses of Digital Works.--
(1) In general.--Chapter 1 of title 17, United States Code,
is amended by adding after section 122 the following:
``Sec. 123. Limitations on exclusive rights; Permissible uses of
digital works
``(a) Use of Lawfully Obtained Digital Works.--Notwithstanding the
provisions of section 106, it is not an infringement of copyright for a
person who lawfully obtains a copy or phonorecord of a digital work, or
who lawfully receives a transmission of a digital work, to reproduce,
store, adapt, or access the digital work--
``(1) for archival purposes, if all such archival copies
are destroyed or rendered permanently inaccessible in the event
that continued possession of the work should cease to be
rightful; and
``(2) in order to perform or display the work, or an
adaptation of the work, on a digital media device, if the work
is not so performed or displayed publicly.
``(b) Effect of Licenses.--When a digital work is distributed to
the public subject to nonnegotiable license terms, such terms shall not
be enforceable under the common laws or statutes of any State to the
extent that they restrict or limit any of the limitations on exclusive
rights under this title.
``(c) Definitions.--As used in this section, the following terms
have the following meanings:
``(1) A `digital work' is any literary work (except a
computer program), sound recording, musical work, dramatic
work, or motion picture or other audiovisual work, in whole or
in part in a digital or other nonanalog format.
``(2) A `digital media device' is any hardware or software
that converts copyrighted works in digital form into a format
whereby the images and sounds are visible or audible, or
retrieves or accesses copyrighted works in digital format and
transfers or makes available for transfer such works to such
hardware or software.
``(d) Construction.--Nothing in this section shall enlarge or
diminish any of the other limitations on exclusive rights contained in
this title, including any limitations that relate to archival
activities by a library or an archives under sections 107 and 108.''.
(2) Conforming amendment.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding
at the end the following new item:
``123. Limitations on exclusive rights; Permissible uses of digital
works.''.
SEC. 4. DIGITAL FIRST SALE.
Section 109 of title 17, United States Code, is amended by adding
at the end the following:
``(f) The privileges prescribed by subsections (a) and (c) apply in
a case in which the owner of a particular copy or phonorecord of a work
in a digital or other nonanalog format, or any person authorized by
such owner, sells or otherwise disposes of the work by means of a
transmission to a single recipient, if the owner does not retain the
copy or phonorecord in a retrievable form and the work is so sold or
otherwise disposed of in its original format.''.
SEC. 5. PERMISSIBLE CIRCUMVENTION TO ENABLE FAIR USE AND CONSUMER
EXPECTATIONS.
Section 1201 of title 17, United States Code, is amended--
(1) by redesignating subsections (c) through (k) as
subsections (d) through (l), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Circumvention for Noninfringing Uses.--(1) Notwithstanding
any other provision in this title, a person who lawfully obtains a copy
or phonorecord of a work, or who lawfully receives a transmission of a
work, may circumvent a technological measure that effectively controls
access to the work or protects a right of the copyright holder under
this title if--
``(A) such act is necessary to make a noninfringing use of
the work under this title; and
``(B) the copyright owner fails to make publicly available
the necessary means to make such noninfringing use without
additional cost or burden to such person.
``(2) Notwithstanding the provisions of subsections (a)(2) and (b),
any person may manufacture, import, offer to the public, provide, or
otherwise make available technological means to circumvent a
technological measure that effectively controls access to a work
protected under this title or protects a right of a copyright holder
under this title, if--
``(A) such means are necessary to make a noninfringing use
under paragraph (1)(A);
``(B) such means are designed, produced, and marketed to
make a noninfringing use under paragraph (1)(A); and
``(C) the copyright owner fails to make available the
necessary means referred to in paragraph (1)(B).''. | Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003 - Amends Federal copyright law to: (1) include analog or digital transmissions of a copyrighted work within fair use protections; (2) provide that it is not a copyright infringement for a person who lawfully obtains or receives a transmission of a digital work to reproduce, store, adapt, or access it for archival purposes or to transfer it to a preferred digital media device in order to effect a non-public performance or display; (3) allow the owner of a particular copy of a digital work to sell or otherwise dispose of the work by means of a transmission to a single recipient, provided the owner does not retain his or her copy in a retrievable form and the work is sold or otherwise disposed of in its original format; and (4) permit circumvention of copyright encryption technology if it is necessary to enable a noninfringing use and the copyright owner fails to make publicly available the necessary means for circumvention without additional cost or burden to a person who has lawfully obtained a copy or phonorecord of a work, or lawfully received a transmission of it. | {"src": "billsum_train", "title": "To amend title 17, United States Code, to safeguard the rights and expectations of consumers who lawfully obtain digital entertainment."} | 2,229 | 270 | 0.45829 | 1.476227 | 0.679746 | 3.877273 | 8.8 | 0.922727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Online Job Training Act of 2011''.
SEC. 2. ONLINE WORKFORCE TRAINING PROGRAMS.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(f) Online Workforce Training Program.--
``(1) National online workforce training grants.--
``(A) In general.--From the amount appropriated
under subparagraph (G), the Secretary shall award
National Online Workforce Training Grants on a
competitive basis to eligible entities to enable such
entities to carry out workforce training programs using
distance-learning technologies, such as the Internet.
An entity may leverage such grant with other Federal,
State, local, and private resources, in order to expand
the participation of businesses, employees, and other
individuals in such training programs.
``(B) Eligible entity defined.--For purposes of
this subsection, the term `eligible entity' means an
educational institution, community-based organization,
nonprofit organization, State board or local board, or
unit of general local government, that provides online
workforce training.
``(C) Priority.--Priority in awarding grants under
this paragraph shall be given to eligible entities
that--
``(i) have demonstrated experience in
implementing and operating online workforce
training and education programs;
``(ii) have demonstrated experience
coordinating activities, where appropriate,
with the workforce investment system; and
``(iii) conduct training for occupations
with national or local shortages.
``(D) Data collection.--Each eligible entity
receiving a grant under this paragraph shall collect
and report information on--
``(i) the number of participants in the
workforce training program funded under this
paragraph;
``(ii) the services received by the
participants;
``(iii) program completion rates;
``(iv) factors determined as significantly
interfering with program participation or
completion;
``(v) the rate of job placement; and
``(vi) other information as determined as
needed by the Secretary.
``(E) Outreach.--Each eligible entity receiving a
grant under this paragraph shall conduct outreach
activities to disseminate information to workforce
investment boards, local governments, educational
institutions, and other workforce training
organizations about--
``(i) the workforce training program funded
under this paragraph; and
``(ii) the results of such, and the best
practices with respect to workforce training
identified as a result of, program.
``(F) Performance levels.--The Secretary shall
establish indicators of performance that will be used
to evaluate the performance of eligible entities under
this paragraph in carrying out the activities required
under this paragraph. Prior to awarding a grant under
this paragraph to an eligible entity, the Secretary
shall negotiate and reach agreement with the entity
regarding the levels of performance expected to be
achieved by the entity on the indicators of
performance.
``(G) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry
out this paragraph $50,000,000 for fiscal years 2012
through 2022.
``(2) Online training program clearinghouse.--
``(A) Description of grant.--From the amounts
appropriated under subparagraph (D), the Secretary
shall award one grant to an eligible postsecondary
educational institution to provide the services
described in this paragraph.
``(B) Eligibility.--To be eligible to receive a
grant under this paragraph, a postsecondary educational
institution shall--
``(i) have demonstrated the ability to
disseminate research on best practices for
implementing workforce investment programs; and
``(ii) be a national leader in producing
cutting-edge research on technology related to
workforce investment systems under subtitle B.
``(C) Services.--The postsecondary educational
institution that receives a grant under this paragraph
shall use such grant--
``(i) to provide technical assistance to
entities that receive grants under paragraph
(1);
``(ii) to collect and nationally
disseminate the data gathered by entities that
receive grants under paragraph (1); and
``(iii) to disseminate best practices
identified by the Secretary.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry
out this subsection $1,000,000 for fiscal years 2012
through 2022.''. | Online Job Training Act of 2011 - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to award National Online Workforce Training Grants for workforce training programs using distance-learning technologies, such as the Internet. Requires such grants to be awarded on a competitive basis to educational institutions, community-based organizations, nonprofit organizations, state or local boards, or units of general local government that provide online workforce training.
Directs the Secretary to award one grant to an eligible postsecondary educational institution to: (1) provide technical assistance to entities that receive grants, (2) collect and nationally disseminate the data gathered by entities that receive grants, and (3) disseminate best practices. | {"src": "billsum_train", "title": "To encourage online workforce training."} | 974 | 149 | 0.666105 | 1.814709 | 0.721282 | 3.766917 | 6.849624 | 0.93985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transforming Energy Now Act of
2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is dangerously dependent on foreign
oil;
(2) as of April 2006, the United States imported nearly 60
percent of the oil used in the United States, and that
percentage is expected to increase to almost 70 percent by 2025
unless the United States takes decisive action;
(3) approximately 2,500,000 barrels of oil per day are
imported from countries in the Persian Gulf region;
(4) oil imports comprise nearly 30 percent of the
dangerously high trade deficit of the United States;
(5) it is feasible to dramatically reduce the dependence of
the United States on foreign oil by increasing production and
commercialization of alternative liquid fuels;
(6) as of April 2006, only 4 percent of the total gasoline
sold was derived from renewable fuel, including 4,000,000,000
gallons of ethanol production;
(7) at the current rate of renewable fuel production
growth, the United States will increase its production of
ethanol by approximately 1,000,000,000 gallons a year,
resulting in the annual production of 14,000,000,000 gallons of
ethanol in the United States by 2016;
(8) at the current increase of renewable fuel production
capacity, the United States will produce 10,000,000,000 gallons
of ethanol by 2012, easily surpassing the current renewable
fuels mandate required by the Energy Policy Act of 2005;
(9) an aggressive schedule of renewable fuels production
will lessen the United States dependence on foreign oil;
(10) 10 percent of the Nation's motor vehicle fuel supply
should be renewable by 2016; and
(11) setting a goal of 19,000,000,000 gallons of ethanol by
2016 would require an aggressive increase in renewable fuels
production without requiring significant ethanol imports.
SEC. 3. ETHANOL AND BIODIESEL FUEL REQUIREMENTS.
(a) In General.--Section 211(o)(2)(B) of the Clean Air Act (42
U.S.C. 7545 (o)(2)(B)) is amended to read as follows:
``(B) Minimum percentage.--Motor vehicle fuel sold
or introduced into commerce in the United States
(except in noncontiguous States or territories) after
December 31, 2015, shall contain, in the aggregate, not
less than 10 percent renewable fuel, by volume.''.
(b) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall promulgate regulations
to carry out the amendment made by subsection (a).
SEC. 4. INCREASE IN ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(a) of the Internal Revenue Code of
1986 is amended by striking ``30 percent'' and inserting ``50
percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 2005, in taxable
years ending after such date.
SEC. 5. USE OF CAFE PENALTIES TO BUILD ALTERNATIVE FUELING
INFRASTRUCTURE.
Section 32912 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Alternative Fueling Infrastructure Grant Program.--
``(1) Trust fund.--
``(A) Establishment.--There is established in the
Treasury of the United States a trust fund, to be known
as the Alternative Fueling Infrastructure Trust Fund
(referred to in this subsection as the `Trust Fund'),
consisting of such amounts as are deposited into the
Trust Fund under subparagraph (B) and any interest
earned on investment of amounts in the Trust Fund.
``(B) Transfers of civil penalties.--The Secretary
of Transportation shall remit 90 percent of the amount
collected in civil penalties under this section to the
Trust Fund.
``(2) Establishment of grant program.--The Secretary of
Energy shall obligate such sums as are available in the Trust
Fund to establish a grant program to increase the number of
locations at which consumers may purchase alternative
transportation fuels.
``(3) Grant recipients.--
``(A) In general.--The Secretary of Energy may
award grants under this paragraph, to--
``(i) individual fueling stations in an
amount not greater than $150,000 per site or
$500,000 per entity; and
``(ii) corporations (including nonprofit
corporations) with demonstrated experience in
the administration of grant funding for the
purpose of alternative fueling infrastructure.
``(B) Priority.--In awarding grants under this
paragraph, the Secretary of Energy shall--
``(i) give priority to recognized non-
profit corporations that have proven experience
and demonstrated technical expertise in the
establishment of alternative fueling
infrastructure;
``(ii) consider the number of vehicles
produced for sale in the preceding production
year capable of using each specific type of
alternative fuel; and
``(iii) identify 1 primary group per
alternative fuel.
``(4) Use of funds.--
``(A) In general.--Grant funds received under this
subsection may be used to--
``(i) construct new facilities to dispense
alternative fuels;
``(ii) purchase equipment to upgrade,
expand, or otherwise improve existing
alternative fuel facilities; or
``(iii) purchase equipment or pay for
specific turnkey fueling services by
alternative fuel providers.
``(B) Matching requirement.--The Secretary of
Energy may not award a grant under this paragraph
unless the grant recipient agrees to provide $1 of non-
Federal contributions for every $3 of grant funds
received under this paragraph. In no case may
administrative expenses exceed 10 percent of any total
award that may be provided.
``(5) Selection of alternative fuel stations.--Each grant
recipient shall select the locations for each alternative fuel
station to be constructed with grant funds received under this
paragraph on a formal, open, and competitive basis, based on--
``(A) the public demand for each alternative fuel
in a particular county based on state registration
records showing the number of vehicles that can be
operated with alternative fuel; and
``(B) the opportunity to create or expand corridors
of alternative fuel stations along interstate or State
highways.
``(6) Operation of alternative fuel stations.--Facilities
constructed or upgraded with grant funds received under this
subsection shall--
``(A) provide alternative fuel available to the
public for a period of not less than 4 years;
``(B) establish a marketing plan to advance the
sale and use of alternative fuels;
``(C) prominently display the price of alternative
fuel on the marquee and in the station;
``(D) provide point of sale materials on
alternative fuel;
``(E) clearly label the dispenser with consistent
materials;
``(F) price the alternative fuel at the same margin
that is received for unleaded gasoline; and
``(G) support and use all available tax incentives
to reduce the cost of the alternative fuel to the
lowest possible retail price.
``(7) Notification requirements.--
``(A) Opening.--Not later than the date on which
each alternative fuel station begins to offer
alternative fuel to the public, the grant recipient
that used grant funds to construct such station shall
notify the Secretary of Energy of such opening. The
Secretary of Energy shall add each new alternative fuel
station to the alternative fuel station locator on its
Website when it receives notification under this
subparagraph.
``(B) Semi-annual report.--Not later than 6 months
after the receipt of a grant award under this
subsection, and every 6 months thereafter, each grant
recipient shall submit a report to the Secretary of
Energy that describes--
``(i) the status of each alternative fuel
station constructed with grant funds received
under this subsection;
``(ii) the amount of alternative fuel
dispensed at each station during the preceding
6-month period; and
``(iii) the average price per gallon of the
alternative fuel sold at each station during
the preceding 6-month period.
``(8) Alternative fuel defined.--For the purposes of this
subsection, the term `alternative fuel' means--
``(A) any fuel of which at least 85 percent (or
such percentage, but not less than 70 percent, as
determined by the Secretary, by rule, to provide for
requirements relating to cold start, safety, or vehicle
functions) of the volume consists of ethanol, natural
gas, compressed natural gas, liquefied natural gas,
liquefied petroleum gas, or hydrogen; or
``(B) any mixture of biodiesel and diesel fuel
determined without regard to any use of kerosene that
contains at least 20 percent biodiesel.''.
SEC. 6. LOW-INTEREST LOAN AND GRANT PROGRAM FOR RETAIL DELIVERY OF E-85
FUEL.
(a) Purposes of Loans.--Section 312(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1942(a)) is amended--
(1) in paragraph (9)(B)(ii), by striking ``or'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) building infrastructure, including pump stations,
for the retail delivery to consumers of any fuel that contains
not less than 85 percent ethanol, by volume.''.
(b) Program.--Subtitle B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941 et seq.) is amended by adding at the end
the following:
``SEC. 320. LOW-INTEREST LOAN AND GRANT PROGRAM FOR RETAIL DELIVERY OF
E-85 FUEL.
``(a) In General.--The Secretary shall establish a low-interest
loan and grant program to assist farmer-owned ethanol producers
(including cooperatives and limited liability corporations) to develop
and build infrastructure, including pump stations, that is directly
related to the retail delivery to consumers of any fuel that contains
not less than 85 percent ethanol, by volume.
``(b) Loan Terms.--
``(1) Amortization.--The repayment of a loan received under
this section shall be amortized over the expected life of the
infrastructure project that is being financed with the proceeds
of the loan.
``(2) Interest rate.--The annual interest rate of a loan
received under this section shall be fixed at not more than 5
percent.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(c) Regulations.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall promulgate
such regulations as are necessary to carry out the amendments made by
this section. | Transforming Energy Now Act of 2006 - Amends the Clean Air Act to establish a 10% minimum renewable fuel requirement for motor vehicle fuel sold in the United States after 2015.
Amends the Internal Revenue Code to increase from 30 to 50% the tax credit rate for alternative fuel vehicle refueling property costs (service stations capable of dispensing alternative fuels to retail consumers).
Establishes in the Treasury the Alternative Fueling Infrastructure Trust Fund to provide grants to increase the number of retail service stations dispensing alternative transportation fuels. Directs the Secretary of Transportation to transfer 90% of civil penalties for noncompliance with automobile fuel economy standards to the Trust Fund to finance such grant program.
Amends the Consolidated Farm and Rural Development Act to provide low-interest loans to build service stations which dispense E-85 (85% ethanol content) fuel to retail consumers. | {"src": "billsum_train", "title": "A bill to facilitate the increased use of alternative fuels for motor vehicles, and for other purposes."} | 2,435 | 183 | 0.44434 | 1.184588 | 0.689379 | 2.213836 | 13.974843 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2006''.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a nonpreferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ``State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a term of each conveyance under
subsections (d)(5) and (e), respectively, the State may agree
to accept--
(A) in ``as is'' condition, the portions of the
Blunt Reservoir Feature and the Pierre Canal Feature
that pass into State ownership;
(B) any liability accruing after the date of
conveyance as a result of the ownership, operation, or
maintenance of the features referred to in subparagraph
(A), including liability associated with certain
outstanding obligations associated with expired
easements, or any other right granted in, on, over, or
across either feature; and
(C) the responsibility that the Commission will act
as the agent for the Secretary in administering the
purchase option extended to preferential leaseholders
under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of
record, as of the date of enactment of this Act, by or
in favor of a third party; and
(B) any permit, license, lease, right-of-use, or
right-of-way of record in, on, over, or across a
feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall be
subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for
the transfer of property to State agencies for wildlife
conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Secretary or the Commission, acting
as an agent for the Secretary, the preferential lease parcel
that is the subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on one of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(I).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 5 years after enactment of
this Act to exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Secretary the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal less 25
percent, exclusive of the value of private improvements
made by the leaseholders while the land was federally
owned before the date of the enactment of this Act, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Secretary shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Proceeds of sales of land under this
Act shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
convey to the South Dakota Department of Game, Fish,
and Parks the nonpreferential lease parcels and
unleased parcels of the Blunt Reservoir and Pierre
Canal.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South
Dakota Department of Game, Fish, and Parks, the South
Dakota Commission of Schools and Public Lands may allow
a person to exchange land that the person owns
elsewhere in the State for a nonpreferential lease
parcel or unleased parcel at Blunt Reservoir or Pierre
Canal, as the case may be.
(B) Priority.--The right to exchange
nonpreferential lease parcels or unleased parcels shall
be granted in the following order or priority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent
landowners for unleased parcels and
nonpreferential lease parcels not exchanged by
current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal
Feature under this paragraph, the United States
reserves a perpetual easement to the land to allow for
the right to design, construct, operate, maintain,
repair, and replace a pipeline or other water
conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held
liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the parcel, except for
damages for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United States,
before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under chapter
171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to lease
each preferential lease parcel or nonpreferential lease parcel
to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment of
this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of the enactment of this Act, the
Secretary, in consultation with the Commission, shall provide
the State a full legal description of all preferential lease
parcels and nonpreferential lease parcels that may be conveyed
under this section.
(h) Curation of Archeological Collections.--The Secretary, in
consultation with the State, shall transfer, without cost to the State,
all archeological and cultural resource items collected from the Blunt
Reservoir Feature and Pierre Canal Feature to the South Dakota State
Historical Society.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Commission and the State Department of Game,
Fish, and Parks for expenses incurred implementing this Act, not to
exceed 10 percent of the cost of each transaction conducted under this
Act.
Passed the House of Representatives July 24, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Unit, James Division, authorized as part of the Pick-Sloan Missouri River Basin Program.
Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal features an option to purchase the land they lease from the Secretary of the Interior, acting through the Commissioner of Reclamation, or the Commission of Schools and Public Lands of South Dakota. Prescribes terms for such purchases, the option exercise period, and the basis for parcel valuation. Directs the Secretary to convey all preferential lease parcels not purchased by the leaseholder and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes: (1) the state of South Dakota to accept certain conditions of conveyance, including that it receives the land conveyed in "as is" condition and accepts liability accruing as a result of ownership, operation, and maintenance of the features; and (2) the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir and Pierre Canal Features to the South Dakota State Historical Society. Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, and for other purposes."} | 2,808 | 372 | 0.72691 | 2.463326 | 0.741051 | 4.557491 | 8.505226 | 0.940767 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) fiscal pressures will mount as an aging population
increases the Government's obligations to provide retirement
income and health services;
(2) Social Security and Medicare surpluses should be
reserved for strengthening and preserving the Social Security
trust funds; and
(3) preserving Social Security and Medicare surpluses would
restore confidence in the long-term financial integrity of
Social Security and Medicare.
(b) Purpose.--It is the purpose of this Act to prevent the Social
Security and Medicare hospital insurance trust funds from being used
for any purpose other than providing retirement and health security.
SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Protection of Social Security and Medicare Surpluses.--Title
III of the Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``protection for social security and hospital insurance surpluses
``Sec. 316. (a) Protection for Social Security and Hospital
Insurance Surpluses.--
``(1) Concurrent resolutions on the budget.--It shall not
be in order in the House of Representatives or the Senate to
consider any concurrent resolution on the budget, or an
amendment thereto or conference report thereon, that would set
forth a surplus for any fiscal year that is less than the
combined surpluses of the Federal Hospital Insurance Trust
Fund, the Federal Old-Age and Survivors Insurance Trust Fund,
and the Federal Disability Insurance Trust Fund for that fiscal
year.
``(2) Spending and tax legislation.--It shall not be in
order in the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion, or conference
report if--
``(A) the enactment of that bill or resolution, as
reported;
``(B) the adoption and enactment of that amendment;
or
``(C) the enactment of that bill or resolution in
the form recommended in that conference report,
would cause the surplus for any fiscal year covered by the most
recently agreed to concurrent resolution on the budget to be
less than the combined surpluses of the Federal Hospital
Insurance Trust Fund, the Federal Old-Age and Survivors
Insurance Trust Fund, and the Federal Disability Insurance
Trust Fund for that fiscal year.
``(b) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (a)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(B)).
``(2) Current levels with respect to spending and tax
legislation.--For purposes of enforcing subsection (a)(2), the
current levels of the surplus for any fiscal year shall be--
``(A) calculated using the following assumptions--
``(i) direct spending and revenue levels at
the baseline levels underlying the most
recently agreed to concurrent resolution on the
budget; and
``(ii) for the budget year, discretionary
spending levels at current law levels and, for
outyears, discretionary spending levels at the
baseline levels underlying the most recently
agreed to concurrent resolution on the budget;
and
``(B) adjusted for changes in the surplus levels
set forth in the most recently agreed to concurrent
resolution on the budget pursuant to procedures in such
resolution that authorize adjustments in budgetary
aggregates for updated economic and technical
assumptions in the mid-session report of the Director
of the Congressional Budget Office.
Such revisions shall be included in the first current level
report on the congressional budget submitted for publication in
the Congressional Record after the release of such mid-session
report.
``(3) Disclosure of hi and social security surpluses.--For
purposes of enforcing any point of order under subsection (a),
the combined surpluses of the Federal Hospital Insurance Trust
Fund, the Federal Old-Age and Survivors Insurance Trust Fund,
and the Federal Disability Insurance Trust Fund for a fiscal
year shall be the levels set forth in the later of the report
accompanying the concurrent resolution on the budget (or, in
the absence of such a report, placed in the Congressional
Record prior to the consideration of such resolution) or in the
joint explanatory statement of managers accompanying such
resolution.
``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Hospital Insurance Trust Fund, the Federal Old-Age and
Survivors Insurance Trust Fund, and the Federal Disability Insurance
Trust Fund, calculated using the assumptions set forth in subsection
(b)(2).
``(d) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, 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 this section.''.
(b) Conforming Amendment.--The item relating to section 316 in the
table of contents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 316. Protection for Social Security and hospital insurance
surpluses.''. | Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year.
Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than such combined Fund surpluses. | {"src": "billsum_train", "title": "To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds."} | 1,367 | 159 | 0.695813 | 1.75908 | 0.761311 | 6.294964 | 9.071942 | 0.913669 |
SECTION 1. RURAL EDUCATION INITIATIVE.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended--
(1) by redesignating part L as part M; and
(2) by inserting after part K the following:
``PART L--RURAL EDUCATION INITIATIVE
``SEC. 10995A. SHORT TITLE.
``This part may be cited as the `Rural Education Achievement
Program'.
``SEC. 10995B. PURPOSE.
``It is the purpose of this part to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
for Federal competitive grants; and
``(2) receive formula allocations in amounts too small to
be effective in meeting their intended purposes.
``SEC. 10995C. DEFINITIONS.
``In this part:
``(1) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
``(2) Specially qualified agency.--The term `specially
qualified agency' means an eligible local educational agency,
located in a State that does not participate in a program
carried out under this part for a fiscal year, which may apply
directly to the Secretary for a grant for such year in
accordance with section 10995D(b).
``SEC. 10995D. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From the amount made available to carry
out this part for a fiscal year, the Secretary shall award
grants, from allotments made under paragraph (2), to State
educational agencies that have applications approved under
section 10995F to enable the State educational agencies to
award grants to eligible local educational agencies for
innovative assistance activities described in section 6301(b).
``(2) Allotment.--From the amount made available to carry
out this part for a fiscal year, the Secretary shall allot to
each State educational agency an amount that bears the same
ratio to the sum as the number of students in average daily
attendance at the schools served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students at the schools served by eligible local
educational agencies in all States for that fiscal year.
``(b) Direct Grants to Specially Qualified Agencies.--
``(1) Nonparticipating state.--If a State educational
agency elects not to participate in the program carried out
under this part or does not have an application approved under
section 10995F, a specially qualified agency in such State
desiring a grant under this part shall apply directly to the
Secretary under section 10995F to receive a grant under this
part.
``(2) Direct awards to specially qualified agencies.--The
Secretary may award, on a competitive basis, the amount the
State educational agency is eligible to receive under
subsection (a)(2) directly to specially qualified agencies in
the State.
``(c) Administrative Costs.--A State educational agency that
receives a grant under this part may not use more than 5 percent of the
amount of the grant for State administrative costs.
``SEC. 10995E. STATE DISTRIBUTION OF FUNDS.
``(a) In General.--A State educational agency that receives a grant
under this part may use the funds made available through the grant to
award grants to eligible local educational agencies to enable the local
educational agencies to carry out innovative assistance activities
described in section 6301(b).
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this part if--
``(A) 20 percent or more of the children age 5
through 17 that are served by the local educational
agency are from families with incomes below the poverty
line; and
``(B) all of the schools served by the agency are
located in a community with a School-Locale Code of 6,
7, or 8, as determined by the Secretary of Education.
``(c) Award Basis.--The State educational agency shall award the
grants to eligible local educational agencies--
``(1) on a competitive basis; or
``(2) according to a formula based on the number of
students in average daily attendance at schools served by the
eligible local educational agencies.
``SEC. 10995F. APPLICATIONS.
``(a) In General.--Each State educational agency and specially
qualified agency desiring to receive a grant under this part shall
submit an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may require.
``(b) Contents.--At a minimum, such application shall include
information on specific measurable goals and objectives to be achieved
through the activities carried out through the grant, which may include
specific educational goals and objectives relating to--
``(1) increasing student academic achievement;
``(2) decreasing student dropout rates;
``(3) narrowing the achievement gap between the students in
the State who are economically disadvantaged and the students
in the State who are not economically disadvantaged; or
``(4) such other factors as the State educational agency or
specially qualified agency may choose to measure.
``SEC. 10995G. ACCOUNTABILITY.
``(a) State Reports.--Each State educational agency that receives a
grant under this part shall prepare and submit to the Secretary an
annual report. The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies under this part;
``(2) how the local educational agencies used the funds
provided under this part; and
``(3) the degree to which the State made progress toward
meeting the goals and objectives described in the application
submitted under section 10995F.
``(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this part shall prepare and submit
to the Secretary an annual report. The report shall describe--
``(1) how such agency used the funds provided under this
part; and
``(2) the degree to which the agency made progress toward
meeting the goals and objectives described in the application
submitted under section 10995F.
``(c) Academic Achievement.--
``(1) In general.--Each local educational agency that
receives a grant under this part for a fiscal year shall--
``(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the academic
achievement of students in the schools served by the
local educational agency; or
``(B) in the case of a local educational agency for
which there is no statewide assessment described in
subparagraph (A), administer a test, that is selected
by the local educational agency, to assess the academic
achievement of students in the schools served by the
local educational agency.
``(2) Special Rule.--Each local educational agency that
receives a grant under this part shall use the same assessment
or test described in paragraph (1) for each year of
participation in the program carried out under this part.
``(d) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives a grant
under this part shall--
``(1) after the fifth year that a local educational agency
in the State participates in the program authorized under this
part and on the basis of the results of the assessments or
tests described in subsection (c), determine whether the
students served by the local educational agency participating
in the program performed better on the assessments or tests
after the fifth year of the participation than the students
performed on the assessments or tests after the first year of
the participation;
``(2) permit only the local educational agencies that
participated in the program and served students that performed
better on the assessments or tests, as described in paragraph
(1), to continue to participate in the program for an
additional period of 5 years; and
``(3) prohibit the local educational agencies that
participated in the program and served students that did not
perform better on the assessments or tests, as described in
paragraph (1), from participating in the program for a period
of 5 years from the date of the determination.
``SEC. 10995H. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this part shall be used to supplement
and not supplant any other Federal, State, or local education funds.
``SEC. 10995I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$150,000,000 for fiscal year 2002, and such sums as may be necessary
for each of the 5 succeeding fiscal years.''. | Rural Education Achievement Program - Amends the Elementary and Secondary Education Act of 1965 to establish a Rural Education Initiative program of: (1) formula grants to applicant State educational agencies to award subgrants to local educational agencies (LEAs) for innovative assistance activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States. | {"src": "billsum_train", "title": "A bill to provide for a Rural Education Initiative."} | 1,983 | 78 | 0.546536 | 1.315106 | 1.72585 | 2.818182 | 27.787879 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trial and Experimental Studies
Transparency Act of 2012'' or the ``TEST Act''.
SEC. 2. EXPANDED CLINICAL TRIAL REGISTRY DATA BANK.
(a) In General.--Section 402(j) of the Public Health Service Act
(42 U.S.C. 282(j)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii)--
(i) by amending subclause (I) to read as
follows:
``(I) an interventional study of a
device subject to section 510(k), 515,
or 520(m) of the Federal Food, Drug,
and Cosmetic Act, including any
interventional study of a device
conducted outside of the United States
the results of which are submitted to
the Secretary in support of a PMA (as
such term is defined in section
814.3(e) of title 21, Code of Federal
Regulations); a premarket notification
required under section 510(k) of the
Federal Food, Drug, and Cosmetic Act;
or a HDE (as such term is defined in
section 814.3(m) of title 21, Code of
Federal Regulations).''; and
(ii) in subclause (II)--
(I) by striking ``pediatric''; and
(II) by inserting ``that involves
data collection from human subjects''
before the period at the end;
(B) by amending clause (iii) to read as follows:
``(iii) Applicable drug clinical trial.--
The term `applicable drug clinical trial' means
an interventional study of a drug subject to
section 505 of the Federal Food, Drug, and
Cosmetic Act or to section 351 of this Act,
including any interventional study of a drug
conducted outside of the United States the
results of which are submitted to the Secretary
in support of--
``(I) an IND (as such term is
defined in section 312.3 of title 21,
Code of Federal Regulations);
``(II) an application filed under
subsection (b) or (j) of such section
505 of the Federal Food, Drug, and
Cosmetic Act; or
``(III) an application for a
license under section 351.'';
(C) by redesignating clauses (iv) through (ix) as
clauses (v) through (x), respectively;
(D) after clause (iii), by inserting the following
new clause:
``(iv) Interventional study.--For purposes
of clauses (ii) and (iii), the term
`interventional study' means a study in human
beings in which individuals are assigned by an
investigator, based on a protocol, to receive
specific interventions to evaluate their
effects on biomedical or health-related
outcomes.''; and
(E) in clause (vi), as redesignated by subparagraph
(C)--
(i) in the heading, by inserting ``;
primary completion date'' after ``date''; and
(ii) by inserting ``, also referred to as
`primary completion date','' before ``means'';
(2) in paragraph (2)--
(A) in subparagraph (A)(ii)--
(i) by redesignating subclauses (II),
(III), and (IV) as subclauses (III), (IV), and
(V), respectively;
(ii) by inserting after subclause (I) the
following:
``(II) supporting documents,
including--
``(aa) consent documents
used to enroll subjects into
the trial, as approved by the
Institutional Review Board or
equivalent committee prior to
the start of the trial; and
``(bb) protocol documents,
as approved by the
Institutional Review Board or
equivalent committee prior to
the start of the trial;''; and
(iii) in subclause (IV), as so
redesignated, in item (cc), by inserting ``(or,
in the case of a location outside of the United
States, other appropriate location
information)'' after ``zip code'';
(B) in subparagraph (C)(ii) by striking ``21 days
after'' and inserting ``before''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Posting of data.--The Director of NIH shall
ensure that clinical trial information for an
applicable clinical trial submitted in accordance with
this paragraph is posted publically in the registry
data bank not later than 30 days after such submission
is determined to meet the quality criteria established
by the Director of NIH.'';
(3) in paragraph (3)--
(A) in subparagraph (C)--
(i) by striking ``Not later than 1 year''
and all that follows through the colon and
inserting ``Subject to subparagraph (2)(C), the
Secretary shall include in the registry and
results data bank the following elements for an
applicable clinical trial:''; and
(ii) by adding at the end the following new
clause:
``(v) Supporting documents.--Final consent
and protocol documents, including all dated
amendments to the initial version of such
documents, as approved by the Institutional
Review Board or equivalent committee.'';
(B) in subparagraph (D)--
(i) by striking clauses (ii) and (iv);
(ii) in clause (iii)--
(I) by striking subclause (III);
and
(II) by redesignating subclause
(IV) as subclause (III); and
(iii) by redesignating--
(I) clause (iii) as clause (ii);
and
(II) clauses (v) through (vii) as
clauses (iii) through (v),
respectively;
(C) in subparagraph (E)--
(i) by striking clauses (i) through (v) and
inserting the following:
``(i) In general.--Except as provided in
clauses (ii) and (iii), the responsible party
for an applicable clinical trial shall submit
to the Director of NIH for inclusion in the
registry and results data bank the clinical
trial information described in subparagraph (C)
not later than 1 year after the primary
completion date of such trial.
``(ii) Delayed submission of results with
certification.--If the responsible party for an
applicable clinical trial submits a
certification that an applicable clinical trial
involves a drug described in clause (iii) or a
device described in clause (iv), the
responsible party shall submit to the Director
of NIH, for inclusion in the registry and
results data bank, the clinical trial
information described in subparagraphs (C) and
(D) not later than the earliest of the
following:
``(I) The later of--
``(aa) 30 days after the
drug or device is approved,
licensed, or cleared, as
applicable; or
``(bb) 1 year after the
primary completion date of the
applicable clinical trial.
``(II) The date that is 2 years
after the primary completion date of
the applicable clinical trial.
``(iii) Drug described.--A drug described
in this clause is a drug that contains an
active ingredient, including any ester or salt,
that has not been an ingredient in a drug
approved in any other application under section
505 of the Federal Food, Drug, and Cosmetic Act
or licensed for any use under section 351 of
this Act.
``(iv) Device described.--A device
described in this clause is a device that has
not been approved or cleared for any use under
section 510(k) or under section 515 or 520(m)
of the Federal Food, Drug, and Cosmetic Act.'';
(ii) by redesignating clause (vi) as clause
(v); and
(iii) by adding at the end the following:
``(vi) Public postings related to delays
and extensions.--Information submitted by the
responsible party as part of a certification
for delayed submission of results submitted
under clause (ii) or a request for extension
submitted under clause (v) shall be posted
publically in the registry data bank.'';
(D) by striking subparagraph (F);
(E) by redesignating subparagraphs (G) through (I)
as subparagraphs (F) through (H), respectively; and
(F) in subparagraph (F), as so redesignated, by
inserting before the period at the end the following:
``is determined to meet the quality criteria
established by the Director of NIH''; and
(4) in paragraph (4)(B)--
(A) in clause (i)(II), by striking ``(3)(E)(iii)''
and inserting ``(3)(E)(ii)''; and
(B) in clause (ii)(II)--
(i) by striking ``by both''; and
(ii) by striking ``and paragraph
(3)(D)(ii)(II))''.
(b) Implementation.--The Secretary of Health and Human Services
shall implement the amendments made by subsection (a) not later than 6
months after the date of enactment of this Act.
SEC. 3. REPORTING REQUIREMENT.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Director of the National Institutes of
Health and the Commissioner of the Food and Drug Administration shall
each submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that includes the following:
(1) Based on information that is readily available in the
data bank described in section 402(j) of the Public Health
Service Act (42 U.S.C. 282(j))--
(A) the number of trials that the Director or
Commissioner, as applicable, has identified as trials
that are likely to be subject to the reporting
requirements of such section;
(B) of the trials identified under subparagraph
(A), the estimated numbers and percentages of such
trials--
(i) that have complete registration
information; and
(ii) that have met the result reporting
requirements of section 402(j) of the Public
Health Service Act; and
(C) whether results of the trials have been
submitted by the responsible party by the due dates
outlined in section 402(j) of the Public Health Service
Act and, if not, whether certifications for delayed
submission of such results, or requests for extensions,
have been submitted by the responsible party.
For purposes of this paragraph, the Secretary may use an
algorithm or other technique for efficiently reviewing large
amounts of data.
(2) A description of any actions taken to consult with
other Federal agencies under 402(j)(5)(A)(iv) of the Public
Health Service Act.
(3) In the case of a report submitted by the Commissioner
of the Food and Drug Administration, a description of any
enforcement actions taken for violations of section 301(jj) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(jj)),
including--
(A) warning letters or fines imposed related to
reporting requirements; and
(B) any inquiries made to responsible parties to
inform those parties of any potential enforcement
action.
(4) In the case of a report submitted by the Director of
the National Institutes of Health, a description of any actions
taken to withhold grant funds from responsible parties that are
not compliant with the requirements of this section as
indicated in 402(j)(5)(A) of the Public Health Service Act.
SEC. 4. RULEMAKING RELATED TO FOREIGN CLINICAL STUDIES.
(a) Drugs.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall issue final
regulations to amend section 312.120 of title 21, Code of Federal
Regulations (relating to foreign clinical studies not conducted under
an IND) to require that clinical trial information for such a foreign
clinical study be submitted for inclusion in the registry and results
data bank in accordance with section 402(j) of the Public Health
Service Act (42 U.S.C. 282(j)), as amended by this Act, as a condition
for the acceptance of such study as support for an IND (as such term is
defined in section 312.3 of title 21, Code of Federal Regulations) or
application for marketing approval (an application under section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351
of the Public Health Service Act (42 U.S.C. 262)).
(b) Devices.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall issue final
regulations (including regulations amending section 814.15 of title 21,
Code of Federal Regulations (relating to research conducted outside the
United States)) to require that clinical trial information for studies
conducted outside the United States be submitted for inclusion in the
registry and results data bank in accordance with section 402(j) of the
Public Health Service Act (42 U.S.C. 282(j)), as amended by this Act,
as a condition for the acceptance of such studies to support a PMA (as
such term is defined in section 814.3(e) of title 21, Code of Federal
Regulations), a premarket notification required under section 510(k) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)), or HDE (as
such term is defined in section 814.3(m) of title 21, Code of Federal
Regulations). | Trial and Experimental Studies Transparency Act of 2012 [sic] or TEST Act - Amends the Public Health Service Act to expand the clinical trials that must be reported to the clinical trial registry data bank to include: (1) any interventional study of a drug, device, or biological product conducted outside of the United States the results of which are submitted to the Secretary of Health and Human Services (HHS) as support for approval of an application; and (2) postmarket surveillance of a class II or class III device that involves data collection from human subjects. Defines "interventional study" to mean a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical health-related outcomes. Requires submission to the data bank of supporting documents, including protocol documents and consent documents used to enroll subjects into the trial. Requires the responsible party for a clinical trial to submit clinical trial information to the data bank before the first patient is enrolled in the trial. Requires the Director of the National Institutes of Health (NIH) to post the information submitted to the data bank within 30 days after the submission is determined to meet the quality criteria established by the Director. Revises time frames for the reporting of results data to the clinical trial registry. Requires the Director and the Commissioner of Food and Drugs (FDA) to report on the number of clinical trials with information submitted to the registry and steps taken to enforce compliance with such reporting requirements. | {"src": "billsum_train", "title": "TEST Act"} | 3,103 | 335 | 0.579465 | 1.782931 | 0.830627 | 3.194539 | 9.566553 | 0.87372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Fairness for Main Street
Business Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) sales by out-of-State firms already are subject to
State and local sales taxes, but State and local governments
are unable to compel out-of-State firms to collect and remit
such taxes,
(2) small businesses, which are compelled to collect State
and local sales taxes, are subject to unfair competition when
out-of-State firms cannot be compelled to collect and remit
such taxes on their sales to residents of the State,
(3) State and local governments provide a number of
resources to out-of-State firms including government services
relating to mail delivery, communications, bank and court
systems, and disposal of tons of catalogs,
(4) the inability of State and local governments to require
out-of-State firms to collect and remit sales taxes deprives
State and local governments of needed revenue and forces such
State and local governments to raise taxes on taxpayers,
including small businesses, in such State,
(5) the Supreme Court ruled in Quill v. North Dakota, 112
U.S. 1904 (1992) that the due process clause of the
Constitution does not prohibit a State government from imposing
personal jurisdiction and tax obligations on out-of-State firms
that purposefully solicit sales from residents therein, and
that the Congress has the power to authorize State governments
to require out-of-State firms to collect State and local sales
taxes, and
(6) as a matter of federalism, the Federal Government has a
duty to assist State and local governments in collecting sales
taxes on sales from out-of-State firms.
SEC. 3. AUTHORITY FOR COLLECTION OF SALES TAX.
(a) In General.--A State is authorized to require a person who is
subject to the personal jurisdiction of the State to collect and remit
a State sales tax, a local sales tax, or both, with respect to tangible
personal property if--
(1) the destination of the tangible personal property is in
the State,
(2) during the 1-year period ending on September 30 of the
calendar year preceding the calendar year in which the taxable
event occurs, the person has gross receipts from sales of such
tangible personal property--
(A) in the United States exceeding $3,000,000, or
(B) in the State exceeding $100,000, and
(3) the State, on behalf of its local jurisdictions,
collects and administers all local sales taxes imposed pursuant
to this Act.
(b) States Must Collect Local Sales Taxes.--A State in which both
State and local sales taxes are imposed may not require State sales
taxes to be collected and remitted under subsection (a) unless the
State also requires the local sales taxes to be collected and remitted
under subsection (a).
(c) Aggregation Rules.--All persons that would be treated as a
single employer under section 52 (a) or (b) of the Internal Revenue
Code of 1986 shall be treated as one person for purposes of subsection
(a).
(d) Destination.--For purposes of subsection (a), the destination
of tangible personal property is the State or local jurisdiction which
is the final location to which the seller ships or delivers the
property, or to which the seller causes the property to be shipped or
delivered, regardless of the means of shipment or delivery or the
location of the buyer.
SEC. 4. TREATMENT OF LOCAL SALES TAXES.
(a) Uniform Local Sales Taxes.--
(1) In general.--Sales taxes imposed by local jurisdictions
of a State shall be deemed to be uniform for purposes of this
Act and shall be collected under this Act in the same manner as
State sales taxes if--
(A) such local sales taxes are imposed at the same
rate and on identical transactions in all geographic
areas in the State, and
(B) such local sales taxes imposed on sales by out-
of-State persons are collected and administered by the
State.
(2) Application to border jurisdiction tax rates.--A State
shall not be treated as failing to meet the requirements of
paragraph (1)(A) if, with respect to a local jurisdiction which
borders on another State, such State or local jurisdiction--
(A) either reduces or increases the local sales tax
in order to achieve a rate of tax equal to that imposed
by the bordering State on identical transactions, or
(B) exempts from the tax transactions which are
exempt from tax in the bordering State.
(b) Nonuniform Local Sales Taxes.--
(1) In general.--Nonuniform local sales taxes required to
be collected pursuant to this Act shall be collected under one
of the options provided under paragraph (2).
(2) Election.--For purposes of paragraph (1), any person
required under authority of this Act to collect nonuniform
local sales taxes shall elect to collect either--
(A) all nonuniform local sales taxes applicable to
transactions in the State, or
(B) a fee (at the rate determined under paragraph
(3)) which shall be in lieu of the nonuniform local
sales taxes described in subparagraph (A).
Such election shall require the person to use the method
elected for all transactions in the State while the election is
in effect.
(3) Rate of in-lieu fee.--For purposes of paragraph (2)(B),
the rate of the in-lieu fee for any calendar year shall be an
amount equal to the product of--
(A) the amount determined by dividing total
nonuniform local sales tax revenues collected in the
State for the most recently completed State fiscal year
for which data is available by total State sales tax
revenues for the same year, and
(B) the State sales tax rate.
Such amount shall be rounded to the nearest 0.25 percent.
(4) Nonuniform local sales taxes.--For purposes of this
Act, nonuniform local sales taxes are local sales taxes which
do not meet the requirements of subsection (a).
(c) Distribution of Local Sales Taxes.--
(1) In general.--A State shall distribute to local
jurisdictions a portion of the amounts collected pursuant to
this Act determined on the basis of--
(A) in the case of uniform local sales taxes, the
proportion which each local jurisdiction receives of
uniform local sales taxes not collected pursuant to
this Act,
(B) in the case of in-lieu fees, as described in
subsection (b)(2)(B), the proportion which each local
jurisdiction's nonuniform local sales tax receipts
bears to the total nonuniform local sales tax receipts
in the State, and
(C) in the case of any nonuniform local sales tax
collected pursuant to this Act, the geographical
location of the transaction on which the tax was
imposed.
The amounts determined under subparagraphs (A) and (B) shall be
calculated on the basis of data for the most recently completed
State fiscal year for which the data is available.
(2) Timing.--Amounts described in paragraph (1) (B) or (C)
shall be distributed by a State to its local jurisdictions in
accordance with State timetables for distributing local sales
taxes, but not less frequently than every calendar quarter.
Amounts described in paragraph (1)(A) shall be distributed by a
State as provided under State law.
(3) Transition rule.--If, upon the effective date of this
Act, a State has a State law in effect providing a method for
distributing local sales taxes other than the method under this
subsection, then this subsection shall not apply to that State
until the 91st day following the adjournment sine die of that
State's next regular legislative session which convenes after
the effective date of this Act (or such earlier date as State
law may provide). Local sales taxes collected pursuant to this
Act prior to the application of this subsection shall be
distributed as provided by State law.
SEC. 5. RETURN AND REMITTANCE REQUIREMENTS.
(a) In General.--A State may not require any person subject to this
Act--
(1) to file a return reporting the amount of any tax
collected or required to be collected under this Act, or to
remit the receipts of such tax, more frequently than once with
respect to sales in a calendar quarter, or
(2) to file the initial such return, or to make the initial
such remittance, before the 90th day after the person's first
taxable transaction under this Act.
(b) Local Taxes.--The provisions of subsection (a) shall also apply
to any person required by a State acting under authority of this Act to
collect a local sales tax or in-lieu fee.
SEC. 6. NONDISCRIMINATION AND EXEMPTIONS.
A State shall not have power under this Act to require any person
not located in the State or local jurisdiction to collect and remit a
State or local sales tax if a person located in the State or local
jurisdiction would have been exempt from or otherwise not subject to
such State or local sales tax under similar circumstances.
SEC. 7. APPLICATION OF STATE LAW.
(a) Persons Required To Collect State or Local Sales Tax.--Any
person required by section 3 to collect a State or local sales tax
shall be subject to the laws of such State relating to such sales tax
to the extent that such laws are consistent with the limitations
contained in this Act.
(b) Limitations.--Except as provided in subsection (a), nothing in
this Act shall be construed to permit a State--
(1) to license or regulate any person,
(2) to require any person to qualify to transact intrastate
business, or
(3) to subject any person to State taxes not related to the
sales of tangible personnel property.
(c) Preemption.--Except as otherwise provided in this Act, this Act
shall not be construed to preempt or limit any power exercised or to be
exercised by a State or local jurisdiction under the law of such State
or local jurisdiction or under any other Federal law.
SEC. 8. TOLL-FREE INFORMATION SERVICE.
A State shall not have power under this Act to require any person
to collect a State or local sales tax on any sale unless, at the time
of such sale, such State has a toll-free telephone service available to
provide such person information relating to collection of such State or
local sales tax. Such information shall include, at a minimum, all
applicable tax rates, return and remittance addresses and deadlines,
and penalty and interest information. As part of the service, the State
shall also provide all necessary forms and instructions at no cost to
any person using the service. The State shall prominently display the
toll-free telephone number on all correspondence with any person using
the service. This service may be provided jointly with other States.
SEC. 9. DEFINITIONS.
For the purposes of this Act--
(1) the term ``compensating use tax'' means a tax imposed
on or incident to the use, storage, consumption, distribution,
or other use within a State or local jurisdiction or other area
of a State, of tangible personal property;
(2) the term ``local sales tax'' means a sales tax imposed
in a local jurisdiction or area of a State and includes, but is
not limited to--
(A) a sales tax or in-lieu fee imposed in a local
jurisdiction or area of a State by the State on behalf
of such jurisdiction or area, and
(B) a sales tax imposed by a local jurisdiction or
other State-authorized entity pursuant to the authority
of State law, local law, or both;
(3) the term ``person'' means an individual, a trust,
estate, partnership, society, association, company or
corporation, including a limited liability company, whether or
not acting in a fiduciary or representative capacity, and any
combination of the foregoing;
(4) the term ``sales tax'' means a tax, including a
compensating use tax, that is--
(A) imposed on or incident to the sale, purchase,
storage, consumption, distribution, or other use of
tangible personal property as may be defined or
specified under the laws imposing such tax, and
(B) measured by the amount of the sales price,
cost, charge or other value of or for such property;
and
(5) the term ``State'' means any of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United
States.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act. In no event shall this Act apply to any sale occurring
before such effective date. | Tax Fairness for Main Street Business Act of 1994 - Authorizes a State or local jurisdiction to require certain out-of-State businesses to collect sales taxes on tangible personal property sold to residents of the State or local jurisdiction.
Provides an in-lieu fee rate where local taxes are not uniform.
Requires a State to distribute taxes collected under this Act proportionately to taxes collected separate from this Act.
Prohibits a State from requiring out-of-State businesses to file reporting returns more than once every calendar quarter.
Requires a State to establish toll-free information services to provide such businesses with necessary forms and instructions. | {"src": "billsum_train", "title": "Tax Fairness for Main Street Business Act of 1994"} | 2,812 | 144 | 0.512008 | 1.266353 | 0.678051 | 2.680328 | 21.737705 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a 4-year pilot program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations derived from Federal law;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) expand the services delivered by the Small Business
Development Centers under section 21(c)(3)(H) of the Small
Business Act to improve access to programs to assist small
business concerns with regulatory compliance.
SEC. 3. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
(3) Association.--The term ``association'' means the
association established pursuant to section 21(a)(3)(A) of the
Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a
majority of Small Business Development Centers.
(4) Participating small business development center.--The
term ``participating Small Business Development Center'' means
a Small Business Development Center participating in the pilot
program established under this Act.
(5) Regulatory compliance assistance.--The term
``regulatory compliance assistance'' means assistance provided
by a Small Business Development Center to a small business
concern to assist and facilitate the concern in complying with
Federal and State regulatory requirements derived from Federal
law.
(6) Small business development center.--The term ``Small
Business Development Center'' means a Small Business
Development Center described in section 21 of the Small
Business Act (15 U.S.C. 648).
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, and Guam.
(b) Authority.--In accordance with this section, the Administrator
shall establish a pilot program to provide regulatory compliance
assistance to small business concerns through participating Small
Business Development Centers.
(c) Small Business Development Centers.--
(1) In general.--In carrying out the pilot program
established under this section, the Administrator shall enter
into arrangements with participating Small Business Development
Centers under which such Centers shall--
(A) provide access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990 (42 U.S.C. 7661f);
(B) conduct training and educational activities;
(C) offer confidential, free-of-charge, one-on-one,
in-depth counseling to the owners and operators of
small business concerns regarding compliance with
Federal and State regulations derived from Federal law,
provided that such counseling is not considered to be
the practice of law in a State in which a Small
Business Development Center is located or in which such
counseling is conducted;
(D) provide technical assistance;
(E) give referrals to experts and other providers
of compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator; and
(F) form partnerships with Federal compliance
programs.
(2) Reports.--Each participating Small Business Development
Center shall transmit to the Administrator and the Chief
Counsel for Advocacy of the Small Business Administration, as
the Administrator may direct, a quarterly report that
includes--
(A) a summary of the regulatory compliance
assistance provided by the Center under the pilot
program;
(B) the number of small business concerns assisted
under the pilot program; and
(C) for every fourth report, any regulatory
compliance information based on Federal law that a
Federal or State agency has provided to the Center
during the preceding year and requested that it be
disseminated to small business concerns.
(d) Eligibility.--A Small Business Development Center shall be
eligible to receive assistance under the pilot program established
under this section only if such Center is certified under section
21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
(e) Selection of Participating State Programs.--
(1) Groupings.--
(A) Consultation.--In consultation with the
association, and giving substantial weight to the
recommendations of the association, the Administrator
shall select the Small Business Development Center
Programs of 2 States from each of the groups of States
described in subparagraphs (B) through (K) to
participate in the pilot program established under this
section.
(B) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and
Rhode Island.
(C) Group 2.--Group 2 shall consist of New York,
New Jersey, Puerto Rico, and the Virgin Islands.
(D) Group 3.--Group 3 shall consist of
Pennsylvania, Maryland, West Virginia, Virginia, the
District of Columbia, and Delaware.
(E) Group 4.--Group 4 shall consist of Georgia,
Alabama, North Carolina, South Carolina, Mississippi,
Florida, Kentucky, and Tennessee.
(F) Group 5.--Group 5 shall consist of Illinois,
Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
(G) Group 6.--Group 6 shall consist of Texas, New
Mexico, Arkansas, Oklahoma, and Louisiana.
(H) Group 7.--Group 7 shall consist of Missouri,
Iowa, Nebraska, and Kansas.
(I) Group 8.--Group 8 shall consist of Colorado,
Wyoming, North Dakota, South Dakota, Montana, and Utah.
(J) Group 9.--Group 9 shall consist of California,
Guam, American Samoa, Hawaii, Nevada, and Arizona.
(K) Group 10.--Group 10 shall consist of
Washington, Alaska, Idaho, and Oregon.
(2) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 60 days after
the date of publication of final regulations under section 4.
(f) Matching Requirement.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to
assistance made available under the pilot program established under
this section.
(g) Grant Amounts.--Each State program selected to receive a grant
under subsection (e) shall be eligible to receive a grant in an amount
equal to--
(1) not less than $150,000 per fiscal year; and
(2) not more than $300,000 per fiscal year.
(h) Evaluation and Report.--The Comptroller General of the United
States shall--
(1) not later than 30 months after the date of disbursement
of the first grant under the pilot program established under
this section, initiate an evaluation of the pilot program; and
(2) not later than 6 months after the date of the
initiation of the evaluation under paragraph (1), transmit to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report containing--
(A) the results of the evaluation; and
(B) any recommendations as to whether the pilot
program, with or without modification, should be
extended to include the participation of all Small
Business Development Centers.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $5,000,000 for the first fiscal year beginning
after the date of enactment of this Act; and
(B) $5,000,000 for each of the 3 fiscal years
following the fiscal year described in subparagraph
(A).
(2) Limitation on use of other funds.--The Administrator
may carry out the pilot program established under this section
only with amounts appropriated in advance specifically to carry
out this section.
(j) Termination.--The Small Business Regulatory Assistance Pilot
Program established under this section shall terminate 4 years after
the date of disbursement of the first grant under the pilot program.
SEC. 4. RULEMAKING.
After providing notice and an opportunity for comment, and after
consulting with the association (but not later than 180 days after the
date of enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the pilot program established under this Act;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the association under the
pilot program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the pilot program. | National Small Business Regulatory Assistance Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers). Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; (4) technical assistance; and (5) partnerships with Federal compliance programs. Requires the Administrator, giving substantial weight to the recommendations of the majority of the Centers, to select the Center programs of two States from each of ten groups of States for participation in the pilot program. Provides grant limits. Terminates the pilot program four years after disbursement of the first grant. | {"src": "billsum_train", "title": "A bill to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes"} | 2,025 | 177 | 0.629274 | 1.668876 | 0.821351 | 2.847561 | 11.621951 | 0.920732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Yazidis Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Preventing genocide and mass atrocities is a national
priority of the United States.
(2) Atrocities committed by the Islamic State (IS) against
Yazidis and other minorities have included mass murder,
crucifixions, beheadings, rape, torture, enslavement,
trafficking, and the kidnapping of children.
(3) IS engages in, and publicly argues in favor of, the
sexual enslavement of Yazidi women and girls.
(4) The United Nations Convention on the Prevention and
Punishment of the Crime of Genocide, signed and ratified by the
United States, defines genocide as follows: ``any of the
following acts committed with the intent to destroy, in whole
or in part, a national, ethnical, racial or religious group, as
such:
``(a) killing members of the group;
``(b) causing serious bodily or mental harm to members of
the group;
``(c) deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in
whole or in part;
``(d) imposing measures intended to prevent births within
the group; and
``(e) forcibly transferring children of the group to
another group.''.
(5) In December 2015, the United States Holocaust Memorial
Museum's Simon-Skjodt Center for the Prevention of Genocide
issued a report titled ``Our Generation Is Gone--the Islamic
State's Targeting of Iraqi Minorities in Ninewa'', which
concluded that ``IS committed crimes against humanity, war
crimes, and ethnic cleansing . . . [and] perpetrated genocide
against the Yezidi people''.
(6) On December 7, 2015, the United States Commission on
International Religious Freedom called on the United States
Government ``to designate the Christian, Yezidi, Shi'a,
Turkmen, and Shabak communities of Iraq and Syria as victims of
genocide by ISIL''.
(7) On February 3, 2016, the European Parliament
unanimously passed a resolution declaring that IS ``is
committing genocide against Christians and Yezidis, and other
religious and ethnic minorities''.
(8) On March 14, 2016, the United States House of
Representatives passed H. Con. Res. 75, expressing the sense of
Congress that the atrocities perpetrated by IS against
religious and ethnic minorities in Iraq and Syria include war
crimes, crimes against humanity, and genocide, by a unanimous
vote of 393-0.
(9) On March 17, 2016, United States Secretary of State
John Kerry declared that IS is ``responsible for genocide
against groups under its control including Yazidis, Christians,
and Shiite Muslims''.
(10) On June 15, 2016, the United Nations Human Rights
Council issued the report ``They Came to Destroy: ISIS Crimes
Against the Yazidis'' which stated that IS ``has committed the
crime of genocide as well as multiple crimes against humanity
and war crimes against the Yazidis, thousands of whom are held
captive in the Syrian Arab Republic where they are subjected to
almost unimaginable horrors''.
(11) President Barack Obama established the Atrocities
Prevention Board in 2011, and stated that ``preventing
atrocities and genocide is a core national security interest
and a core moral responsibility of the United States''.
(12) Over 3,200 Yazidi women and children are still being
held by IS.
(13) The atrocities committed by IS should be investigated
through the establishment of a United Nations Ad-hoc Tribunal
for the purpose of documenting mass graves and prosecuting
cases of mass atrocities.
(14) It is in the interest of the United States that the
United States Armed Forces cooperate with friendly forces in
Syria and Iraq for the purpose of securing members of the
Yazidi and Christian communities being held captive by IS.
SEC. 3. ESTABLISHMENT OF NEW CATEGORY OF REFUGEE OF SPECIAL
HUMANITARIAN CONCERN.
(a) Classification of Syrian and Iraqi Religious Minorities.--
Syrian and Iraqi nationals who are members of a religious minority in
their country of origin--
(1) shall be classified as refugees of special humanitarian
concern;
(2) shall be eligible for Priority 2 processing under the
refugee resettlement priority system; and
(3) may apply directly to the United States Refugee
Admissions Program for admission to the United States.
(b) Eligibility for Admission as a Refugee.--No alien shall be
denied the opportunity to apply for admission under this section solely
because such alien--
(1) qualifies as an immediate relative;
(2) is eligible for any other immigrant classification; or
(3) was referred to apply for admission to the United
States as a refugee by a United States nonprofit organization
that is exempt from Federal income taxes under section
501(c)(3) of the Internal Revenue Code.
(c) Permitting Certain Aliens Within Categories To Reapply for
Refugee Status.--Each alien described in subsection (a) who after, June
1, 2014, and before the date of the enactment of this Act was denied
refugee status shall be permitted to reapply for such status. Such an
application shall be determined taking into account the application of
this Act.
(d) Protection of Aliens.--In a case in which that the Secretary of
State, in consultation with the Secretary of Homeland Security,
determines that an alien who is described in subsection (a) and who has
applied for admission to the United States as a refugee under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the
processes established under this section is in imminent danger, the
Secretary shall make a reasonable effort to provide such alien with
protection or the immediate removal from that country.
SEC. 4. EXPEDITED SYSTEM FOR PRIORITY 2 REFUGEE PROCESSING.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit to the Committee on the Judiciary of
the House of Representatives, the Committee on Foreign Affairs of the
House of Representatives, the Committee on the Judiciary of the Senate,
and the Committee on Foreign Relations of the Senate a report
containing a plan to expedite the processing of applications for
admission to the United States as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in
section 3 of this Act, which shall include information relating to--
(1) expediting the processing of such refugees for
resettlement, including through temporary expansion of the
Refugee Corps of United States Citizenship and Immigration
Services;
(2) streamlining existing systems for conducting background
and security checks of such aliens; and
(3) establishing or expanding facilities to process such
applications at appropriate locations in Dahouk, Iraq, and or
near Erbil or Basrah, Iraq, and the processing of such
applications in such facilities.
(b) Expedited Process.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Homeland Security, shall implement the plan contained
in the report under subsection (a).
SEC. 5. REPORTS.
(a) Annual Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter through 2020, the
Secretary of State, in consultation with the Secretary of Homeland
Security, shall submit to the Congress an unclassified report, with a
classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this Act;
(2) the number of aliens described in section 3(a); and
(3) the number of such aliens who have applied for
admission to the United States as a refugee under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157) using
the processes established under section 3 of this Act.
(b) Report on Video-Conference Refugee Interviews.--Not later than
120 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of State, shall
submit to the Congress an unclassified report, with a classified annex
if necessary, which includes--
(1) the number of aliens who applied for admission as a
refugee under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) in 2014 who are awaiting interviews in
locations inaccessible to U.S. Citizenship and Immigration
Services officers;
(2) the number of locations worldwide to which Refugee
Corps Officer circuit rides were suspended in 2014 due to
security considerations; and
(3) a proposal for how to implement interviews via video-
conference for aliens who applied for admission the United
States as a refugee under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), who currently reside in
locations where Refugee Corps circuit rides have been
suspended.
SEC. 6. SECRETARY OF DEFENSE REPORT ON STEPS AND PROTOCOL RELATED TO
THE RESCUE, CARE, AND TREATMENT OF YAZIDI, CHRISTIAN,
SHABAK, AND TURKMEN CAPTIVES OF THE ISLAMIC STATE.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Congress a report containing each of the following:
(1) A description of any steps the Department of Defense is
taking to ensure coordination between the Armed Forces of the
United States and local forces in conducting military
operations in regions controlled by the Islamic State where
religious or minority groups are known or thought to be held
captive, in order to incorporate the rescue of such captives as
a secondary objective.
(2) A description of any protocols that will be put in
place by the Department of Defense, including protocols
developed in coordination with the Government of Iraq, for the
care and treatment of religious or minority groups rescued from
captivity under the Islamic State, including any protocol for
relocating such groups of captives to safe locations.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 7. PROGRAMS FOR RELIGIOUS MINORITIES AND CRISIS PREVENTION.
(a) Health Care and Psychosocial Support Program.--
(1) In general.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall establish a program to provide
health care and psychosocial support for members of the Yazidi,
Christian, Shabak, and Turkmen communities displaced by the
Islamic State. Such program shall provide mental health and
psychosocial support for children from such communities, with a
particular focus on providing services to survivors of sexual
slavery under the Islamic State.
(2) Implementation.--The program established under
paragraph (1) shall provide care in accordance with the
Guidelines on Mental Health and Psychosocial Support in
Emergency Settings promulgated by the Inter-Agency Standing
Committee of the World Health Organization.
(b) Psychologist, Social Worker, and Physical Therapist Training
Program.--
(1) In general.--The Secretary, in consultation with the
Administrator, shall establish a program to provide training
with respect to trauma-informed care to psychologists, social
workers, and physical therapists based in an eligible country.
The program shall prioritize providing such training to a
psychologist, social worker, or physical therapist who speaks
Kurmanji or the Shengali dialect of Kurmanji.
(2) Eligible country.--For purposes of the program
established under paragraph (1), the term ``eligible country''
means Iraq, Syria, or any country the Secretary determines to
be a host country of Yazidi, Christian, Shabak, or Turkmen
refugees who would benefit from the training provided under
such program.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report describing the progress made toward
establishing the programs required under subsections (a) and (b) and
the steps planned to complete such establishment.
(d) Transfer of Funding.--Of the unobligated amounts available on
the date of the enactment of this Act for the Economic Support Fund
established under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.), $15,000,000, to be derived from amounts
made available for assistance to Egypt, shall be made available to the
Secretary until expended for the programs established under subsections
(a) and (b). | Justice for Yazidis Act This bill states that Syrian and Iraqi nationals who are members of a religious minority in their country of origin: (1) shall be classified as refugees of special humanitarian concern, (2) shall be eligible for priority-2 refugee resettlement processing, and (3) may apply directly to the U.S. refugee admissions program. No alien shall be denied the opportunity to apply for admission under this bill solely because he or she: (1) qualifies as an immediate relative, (2) is eligible for any other immigrant classification, or (3) was referred to apply for refugee admission by a U.S. nonprofit organization. Each such alien who, after June 1, 2014, and before the date of the enactment of this bill, was denied refugee status may reapply for such status. The Department of State shall: (1) submit and implement a plan to expedite priority-2 refugee processing, and (2) submit annual program reports through 2020. The Department of Defense shall report on U.S. military efforts in Islamic State (ISIS)-controlled regions to incorporate the rescue and care of religious or minority group captives. The State Department shall establish a program to provide health care and psychosocial support for members of the Yazidi, Christian, Shabak, and Turkmen communities displaced by ISIS. Such program shall provide mental health and psychosocial support for children from such communities, with a particular focus on services to survivors of sexual slavery. The State Department shall establish a program to provide training on trauma-informed care to psychologists, social workers, and physical therapists based in Iraq, Syria, or any country that hosts Yazidi, Christian, Shabak, or Turkmen refugees. Funds for such State Department programs are transferred from amounts available for assistance to Egypt. | {"src": "billsum_train", "title": "Justice for Yazidis Act"} | 2,907 | 386 | 0.506522 | 1.767364 | 0.604349 | 5.589286 | 7.699405 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-Centives Act of 2008''.
SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH
INFORMATION TECHNOLOGY.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended--
(1) in subsection (a)(3)(E), by inserting ``(other than
costs attributable to programs described in subsection (bb))''
after ``costs incurred during such quarter''; and
(2) by adding at the end the following new subsections:
``(aa) Enhanced Payments for Certified Health Information
Technology Incentives.--
``(1) In general.--The Secretary shall provide for payments
to each State that provides incentive payments to physicians,
hospitals, and community health centers that exhibit meaningful
use of health information technology certified under this
subsection, as determined by the measures for meaningful use of
health information technology under paragraph (5). No payment
may be made to a State for incentive payments made by a State
for meaningful use of health information technology that occurs
before January 1, 2012.
``(2) Application.--To qualify for payments under paragraph
(1), a State shall submit an application in a time and manner
specified by the Secretary and containing the following:
``(A) A description of the incentive payments.
``(B) A description of the method the State will
use to allocate such incentive payments among
physicians, hospitals, and community health centers,
including how the State will prioritize payments to
providers serving a high percentage of Medicaid, SCHIP,
and uninsured patients.
``(C) A time line for implementing such payment
incentives.
``(D) A plan for disseminating information to
physicians, hospitals, and community health centers
about the availability of such payment incentives.
``(E) An assessment of the current level of use of
health information technology by physicians, hospitals,
and community health centers in the State, using a
standard assessment form developed by the Secretary.
``(F) Any other information required by the
Secretary.
``(3) Amount of payments to states.--
``(A) In general.--Subject to subparagraph (B), the
payments made to States under this subsection shall be
in an amount equal to the enhanced FMAP (as defined in
section 2105(b)) of sums expended during any quarter
commencing on or after January 1, 2012, as are
attributable to providing incentive payments under
paragraph (1).
``(B) Limitation.--
``(i) Fiscal year limitation.--The total
amount of payments made under this subsection
shall not exceed $500,000,000 for any fiscal
year.
``(ii) Allocation.--If the amounts
otherwise payable under this subsection for a
fiscal year exceed the amount specified in
clause (i), the Secretary shall reduce the
amounts payable under this subsection, in a
manner specified by the Secretary, to comply
with the limitation under such clause.
``(iii) Duplicative payments prohibited.--
No payment shall be made under any other
provision of this title for expenditures for
which payment is made under this subsection.
``(C) Manner of payment.--Payment to a State under
this subsection shall be made in the same manner as
payments under subsection (a).
``(4) Certification requirements for health information
technology.--
``(A) In general.--The Secretary, in consultation
with the Office of the National Coordinator of Health
Information Technology and the Certification Commission
of Health Information Technology, shall determine the
requirements for certification of health information
technology under this subsection.
``(B) Interim certification requirements.--During
any period in which the Secretary has not determined
such certification requirements, the Secretary, for
purposes of this subsection, shall use the
certification requirements for health information
technology established by the Certification Commission
for Health Information Technology.
``(5) Measures for meaningful use of health information
technology.--
``(A) In general.--For purposes of this subsection,
the Secretary shall publish standard measures of
meaningful use of health information technology to be
used by providers to demonstrate meaningful use of
certified health information technology. Such measures
may include--
``(i) self-certification of operational use
of such technology;
``(ii) the submission of (or ability to
submit), in a form and manner specified by the
Secretary, such information on clinical
measures and data (that do not include
individually identifiable health information)
from such technology as indicates a meaningful
utilization of such technology; and
``(iii) such other means as the Secretary
may specify.
``(B) Alternative measures.--The Secretary may
establish and apply different measures based on the
stage of implementation or adoption of the certified
health information technology involved.
``(bb) Payments for Electronic Information and Eligibility Systems
and Patient Registries.--
``(1) In general.--In addition to the payments provided
under subsection (a), the Secretary shall provide for payments
to each State that establishes a program to--
``(A) design, develop, install, maintain, and
operate--
``(i) electronic information and
eligibility systems; and
``(ii) patient registries for the purpose
of disease screening; and
``(B) train providers in the use of such systems
and registries.
``(2) Application.--To qualify for payments under paragraph
(1), a State shall submit an application in such time and
manner as required by the Secretary and containing such
information as the Secretary specifies and include, at a
minimum, a description of the electronic information and
eligibility systems and patient registries covered by the
program described in paragraph (1).
``(3) Amount of payments to states.--
``(A) In general.--The payments made a State under
this subsection shall be an amount equal to--
``(i) 90 percent of so much of the sums
expended by such State during any quarter
commencing on or after January 1, 2009, as are
attributable to--
``(I) the design, development, or
installation of electronic information
and eligibility systems and patient
registries under paragraph (1); and
``(II) training staff employed by
providers on the use of such system or
registry during the three-year period
beginning on the date such system or
registry is installed; and
``(ii) 75 percent of so much of the sums
expended by such State during any quarter
commencing on or after January 1, 2009, as are
attributable to--
``(I) the maintenance of such
systems and registries; and
``(II) training for staff employed
by providers on the use of a system or
registry that occurs after the last day
of the end of the period described in
clause (i)(II).
``(B) Manner of payment.--Payment to a State under
this subsection shall be made in the same manner as
payments under subsection (a).
``(4) Electronic eligibility and information system
defined.--For purposes of this subsection, the term `electronic
eligibility and information system' means a system for
determining eligibility and exchanging information that meets
such requirements as the Secretary shall specify. Such
requirements for a system shall include a requirement that the
system--
``(A) be interconnected and interoperable with
other electronic systems and registries, including--
``(i) systems administered by the Centers
for Disease Control for disease reporting
purposes;
``(ii) systems that exist for the purpose
of determining eligibility for the Medicare
program under title XVIII; and
``(iii) systems that exist for the purpose
of determining eligibility for the Temporary
Assistance for Needy Families program under
title IV, free and reduced price lunches under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), or other
federally funded programs targeted to low-
income populations; and
``(B) can be used to automatically send, receive,
and integrate data (including laboratory results and
medical histories) from systems and registries
administered by other providers or organizations or
through a health information exchange.''.
SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT.
(a) In General.--Not later than June 30, 2009, the Secretary of
Health and Human Services shall submit to Congress a report on Medicaid
transformation payments under section 1903(z) of the Social Security
Act (42 U.S.C. 1396b(z)).
(b) Contents.--The report under subsection (a) shall include--
(1) a description--
(A) of the financial costs and benefits of the
Medicaid transformation payments;
(B) of the entities to which such costs and
benefits accrue; and
(C) of any reduction in duplicative or unnecessary
care resulting from methods adopted by States and
funded by such payments; and
(2) an analysis of the information contained in the reports
submitted to the Secretary by States under section
1903(z)(3)(C) of the Social Security Act during the two-year
period ending on December 31, 2008, including--
(A) the impact of the methods funded by the
payments on--
(i) health care quality and safety; and
(ii) the privacy and security of
identifiable health information;
(B) the effect of such methods on furthering
interconnectedness between--
(i) providers and State Medicaid programs;
and
(ii) State Medicaid programs and other
programs for low-income populations
administered by State and Federal entities;
(C) the extent to which such methods reduce the
administrative burden on such programs; and
(D) the contribution of the payments to the goals
of public health and public health reporting. | E-Centives Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to make enhanced matching payments to states that provide incentive payments to physicians, hospitals, and community health centers that exhibit meaningful use of certified health information technology.
Limits such payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; and (2) train providers in the use of such systems and registries.
Directs the Secretary to report to Congress on Medicaid transformation payments. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to encourage the use of certified health information technology by providers in the Medicaid and SCHIP programs, and for other purposes."} | 2,118 | 139 | 0.575199 | 1.47344 | 0.631921 | 4.484127 | 16.111111 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Energy Review Act of
2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the President's Council of Advisors on Science and
Technology recommends that the United States develop a
governmentwide Federal energy policy and update the policy
regularly with strategic Quadrennial Energy Reviews similar to
the reviews conducted by the Department of Defense and other
Federal agencies; and
(2) the development of an energy policy resulting from a
Quadrennial Energy Review would--
(A) enhance the energy security of the United
States;
(B) create jobs; and
(C) mitigate environmental harm.
SEC. 3. QUADRENNIAL ENERGY REVIEW.
(a) In General.--Section 801 of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended to read as follows:
``SEC. 801. QUADRENNIAL ENERGY REVIEW.
``(a) Quadrennial Energy Review Task Force.--
``(1) Establishment.--Once every 4 years after the date of
enactment of the Quadrennial Energy Review Act of 2015, the
President shall establish a Quadrennial Energy Review Task
Force (referred to in this section as the `Task Force') to
coordinate the Quadrennial Energy Review.
``(2) Cochairpersons.--The President shall designate
appropriate senior Federal Government officials to be
cochairpersons of the Task Force.
``(3) Membership.--The Task Force may be comprised of
representatives at level I or II of the Executive Schedule of--
``(A) the Department of Energy;
``(B) the Department of Commerce;
``(C) the Department of Defense;
``(D) the Department of State;
``(E) the Department of the Interior;
``(F) the Department of Agriculture;
``(G) the Department of the Treasury;
``(H) the Department of Transportation;
``(I) the Office of Management and Budget;
``(J) the National Science Foundation;
``(K) the Environmental Protection Agency; and
``(L) such other Federal agencies, and entities
within the Executive Office of the President, as the
President considers to be appropriate.
``(b) Conduct of Review.--
``(1) In general.--Each Quadrennial Energy Review shall be
conducted to--
``(A) provide an integrated view of important
national energy objectives and Federal energy policy;
and
``(B) identify the maximum practicable alignment of
research programs, incentives, regulations, and
partnerships.
``(2) Elements.--A Quadrennial Energy Review shall--
``(A) establish integrated, governmentwide national
energy objectives in the context of economic,
environmental, and security priorities;
``(B) recommend coordinated actions across Federal
agencies;
``(C) identify the resources needed for the
invention, adoption, and diffusion of energy
technologies;
``(D) provide a strong analytical base for Federal
energy policy decisions;
``(E) consider reasonable estimates of future
Federal budgetary resources when making
recommendations; and
``(F) be conducted with substantial input from--
``(i) Congress;
``(ii) the energy industry;
``(iii) academia;
``(iv) State, local, and tribal
governments;
``(v) nongovernmental organizations; and
``(vi) the public.
``(c) Submission of Quadrennial Energy Review to Congress.--
``(1) In general.--The President--
``(A) shall publish and submit to Congress a report
on the Quadrennial Energy Review once every 4 years;
and
``(B) more frequently than once every 4 years, as
the President determines to be appropriate, may prepare
and publish interim reports as part of the Quadrennial
Energy Review.
``(2) Inclusions.--The reports described in paragraph (1)
shall address or consider, as appropriate--
``(A) an integrated view of short-term,
intermediate-term, and long-term objectives for Federal
energy policy in the context of economic,
environmental, and security priorities;
``(B) potential executive actions (including
programmatic, regulatory, and fiscal actions) and
resource requirements--
``(i) to achieve the objectives described
in subparagraph (A); and
``(ii) to be coordinated across multiple
agencies;
``(C) analysis of the existing and prospective
roles of parties (including academia, industry,
consumers, the public, and Federal agencies) in
achieving the objectives described in subparagraph (A),
including--
``(i) an analysis by energy use sector,
including--
``(I) commercial and residential
buildings;
``(II) the industrial sector;
``(III) transportation; and
``(IV) electric power;
``(ii) requirements for invention,
adoption, development, and diffusion of energy
technologies as they relate to each of the
energy use sectors; and
``(iii) other research that informs
strategies to incentivize desired actions;
``(D) assessment of policy options to increase
domestic energy supplies and energy efficiency;
``(E) evaluation of national and regional energy
storage, transmission, and distribution requirements,
including requirements for renewable energy;
``(F) an integrated plan for the involvement of the
Federal Laboratories in energy programs;
``(G) portfolio assessments that describe the
optimal deployment of resources, including prioritizing
financial resources for energy-relevant programs;
``(H) mapping of the linkages among basic research
and applied programs, demonstration programs, and other
innovation mechanisms across the Federal agencies;
``(I) identification of, and projections for,
demonstration projects, including timeframes,
milestones, sources of funding, and management;
``(J) identification of public and private funding
needs for various energy technologies, systems, and
infrastructure, including consideration of public-
private partnerships, loans, and loan guarantees;
``(K) assessment of global competitors and an
identification of programs that can be enhanced with
international cooperation;
``(L) identification of policy gaps that need to be
filled to accelerate the adoption and diffusion of
energy technologies, including consideration of--
``(i) Federal tax policies; and
``(ii) the role of Federal agencies as
early adopters and purchasers of new energy
technologies;
``(M) priority listing for implementation of
objectives and actions taking into account estimated
Federal budgetary resources;
``(N) analysis of--
``(i) points of maximum leverage for policy
intervention to achieve outcomes; and
``(ii) areas of energy policy that can be
most effective in meeting national goals for
the energy sector; and
``(O) recommendations for executive branch
organization changes to facilitate the development and
implementation of Federal energy policies.
``(d) Report Development.--The Secretary of Energy shall provide
such support for the Quadrennial Energy Review with the necessary
analytical, financial, and administrative support for the conduct of
each Quadrennial Energy Review required under this section as may be
requested by the cochairpersons designated under subsection (a)(2).
``(e) Cooperation.--The heads of applicable Federal agencies shall
cooperate with the Secretary and provide such assistance, information,
and resources as the Secretary may require to assist in carrying out
this section.''.
(b) Table of Contents Amendment.--The item relating to section 801
in the table of contents of such Act is amended to read as follows:
``Sec. 801. Quadrennial Energy Review.''.
(c) Administration.--Nothing in this Act or an amendment made by
this Act supersedes, modifies, amends, or repeals any provision of
Federal law not expressly superseded, modified, amended, or repealed by
this Act. | Quadrennial Energy Review Act of 2015 This bill amends the Department of Energy Organization Act to direct the President to establish once every four years the Quadrennial Energy Review Task Force to coordinate the Quadrennial Energy Review. Each Review must: (1) establish integrated, governmentwide national energy objectives in the context of economic, environmental, and security priorities; and (2) consider reasonable estimates of future federal budgetary resources when making recommendations. The President's report to Congress on the Review must address an integrated view of short-, intermediate-, and long-term objectives for federal energy policy. The Secretary of Energy shall give each Review necessary analytical, financial, and administrative support as requested by the cochairpersons. | {"src": "billsum_train", "title": "Quadrennial Energy Review Act of 2015"} | 1,718 | 143 | 0.692413 | 2.01003 | 0.733927 | 3.843284 | 12.410448 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Schools from Tax
Delinquents Act of 2012''.
SEC. 2. OBLIGATION FOR OWNERS OF ASSISTED UNITS TO REMAIN CURRENT ON
LOCAL PROPERTY AND SCHOOL TAXES.
(a) In General.--Subsection (o) of section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the
end the following new paragraph:
``(21) Obligation for Owners To Remain Current on Local Property
and School Taxes.--
``(1) Obligation.--Each housing assistance payments
contract entered into by a public housing agency and the owner
of a dwelling unit shall provide that the owner of the dwelling
unit assisted under the contract shall pay, on a timely basis,
all covered taxes validly assessed against the property in
which such dwelling unit is located.
``(2) Authority to provide for use of assistance amounts to
pay delinquent taxes.--A housing assistance payments contract
entered into by a public housing agency and the owner of a
dwelling unit may provide that, upon notification by a taxing
authority that the owner of a dwelling unit assisted under this
subsection is delinquent with respect to payment of any covered
taxes assessed by such taxing authority against the property in
which such dwelling unit is located and identification of the
amount of such delinquency--
``(A) the public housing agency shall abate all of
the assistance amounts under this subsection with
respect to such property until the transfer of amounts
pursuant to subparagraph (B) is completed; and
``(B) the agency shall transfer to such taxing
authority, on a monthly basis, an amount equal to the
monthly assistance amounts under this subsection with
respect to such dwelling unit (or such lesser amount as
may be agreed to by the agency and such authority)
until the delinquency identified in such notification
is eliminated (or for such shorter period, as may be
agreed to by the agency and such authority).
``(3) Requirements and procedures.--The Secretary shall
establish such requirements as may be necessary to provide for
the housing assistance payments contract provisions under
paragraphs (1) and (2), including, in the case of provisions
authorized by paragraph (2), such requirements regarding
notifications and transfer of amounts pursuant to paragraph
(2)(B) as may be necessary to ensure that amounts are not so
transferred except for actual and confirmed taxes assessed to
and owed by an owner of a dwelling unit, to ensure that no
amounts are transferred in excess of the amount of such taxes
owed, and to ensure the timely commencement and termination of
such transfers.
``(4) Treatment of tenants.--Nothing in this section may be
construed to authorize, or establish any cause or grounds for,
the termination of the tenancy of any tenant from any dwelling
unit assisted under this subsection.
``(5) Database.--
``(A) In general.--The Secretary shall maintain a
database of information regarding--
``(i) owners of dwelling units assisted
under this subsection whose housing assistance
payments contracts have been terminated for
failure to comply with the provision required
under paragraph (1); and
``(ii) owners of such dwelling units with
respect to whom assistance amounts have been
abated and transferred to a taxing authority
pursuant to paragraph (2).
``(B) Contents.--Such database shall include
information that identifies the owner, the property for
which such assistance was provided, the amount
transferred, and the period over which such abatement
and transfer occurred.
``(C) Information from public housing agencies.--
The Secretary shall require public housing agencies to
submit information regarding the abatement and transfer
of assistance amounts pursuant to paragraph (2)
sufficient for the Secretary to maintain such database.
``(6) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(A) Covered taxes.--The term `covered taxes'
means any tax under the law of a State or any political
subdivision of a State that is assessed upon real
property or the revenue of which is dedicated for use
only for schools or for costs of education.
``(B) Taxing authority.--The term `taxing
authority' means any State or political subdivision of
a State, including any agency or authority thereof,
having authority to assess and collect covered
taxes.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry section 8(o)(21) of the
United States Housing Act of 1937, as added by the amendment made by
subsection (a). | Protect Our Schools from Tax Delinquents Act of 2012 - Amends the United States Housing Act of 1937 to require that each housing assistance payments contract entered into under the Section 8 rental assistance voucher program by a public housing agency (PHA) and the owner of a dwelling unit provide that such owner pay, on a timely basis, all covered taxes validly assessed against the property in which the unit is located. Defines "covered taxes" as any tax under state or local law assessed upon real property or the revenue of which is dedicated for use only for schools or for costs of education.
Allows a contract to provide that, upon notification and identification of a tax delinquency by a taxing authority, the PHA shall abate all of the rental assistance amounts for the property, transferring them monthly to the taxing authority, until the delinquency is eliminated.
Declares that nothing in this Act may be construed to authorize, or establish any cause or grounds for, the termination of the tenancy of any tenant from any dwelling unit assisted under the rental assistance voucher program.
Requires the Secretary of Housing and Urban Development (HUD) to maintain a database of information regarding owners of dwelling units: (1) assisted under the program whose housing assistance payments contracts have been terminated for noncompliance with the requirements of this Act, and (2) with respect to whom assistance amounts have been abated and transferred to a taxing authority. | {"src": "billsum_train", "title": "To require each owner of a dwelling unit assisted under the section 8 rental assistance voucher program to remain current with respect to local property and school taxes and to authorize a public housing agency to use such rental assistance amounts to pay such tax debt of such an owner, and for other purposes."} | 1,023 | 314 | 0.676795 | 2.149735 | 0.815551 | 4.311111 | 3.507407 | 0.911111 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES.
(a) Reliquidation of Entries.--Notwithstanding sections 514 and 520
of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other
provision of law, the United States Customs Service shall, not later
than 90 days after the date of enactment of this Act, liquidate or
reliquidate the entries listed in subsection (b) without assessment of
antidumping duties and interest and shall refund any antidumping duties
and interest which were previously paid on such entries.
(b) Affected Entries.--The entries referred to in subsection (a)
are the following:
Entry number Date of entry Port
110-3447557-3 03/18/00 Los Angeles
110-3447591-2 03/19/00 Los Angeles
110-3447595-3 03/19/00 Los Angeles
110-1201638-1 03/21/00 Detroit
110-1201639-9 03/21/00 Detroit
110-1201640-7 03/21/00 Detroit
110-3447613-4 03/21/00 Los Angeles
110-1201697-7 03/23/00 Detroit
110-1201695-1 03/23/00 Detroit
110-1201696-9 03/23/00 Detroit
110-1201756-1 03/27/00 Detroit
110-1201757-9 03/27/00 Detroit
110-1201758-7 03/27/00 Detroit
110-1740905-2 03/30/00 Los Angeles
110-1740943-3 03/30/00 Los Angeles
110-1201845-2 03/31/00 Detroit
110-1201813-0 04/03/00 Detroit
110-1201814-8 04/03/00 Detroit
110-1201815-5 04/03/00 Detroit
110-1201875-9 04/04/00 Detroit
110-1201868-4 04/04/00 Detroit
110-1201858-5 04/04/00 Detroit
110-3447959-1 04/11/00 Los Angeles
110-3447958-3 04/11/00 Los Angeles
110-3759536-9 04/12/00 Detroit
110-3759561-7 04/12/00 Detroit
110-3759542-7 04/12/00 Detroit
110-3759540-1 04/12/00 Detroit
110-3447977-3 04/12/00 Los Angeles
110-3759539-3 04/12/00 Detroit
110-3448045-8 04/14/00 Los Angeles
110-3448046-6 04/14/00 Los Angeles
110-3448110-0 04/20/00 Los Angeles
110-3759670-6 04/25/00 Detroit
110-3759673-0 04/25/00 Detroit
110-3759669-8 04/25/00 Detroit
110-3759667-2 04/25/00 Detroit
110-3759671-4 04/25/00 Detroit
110-3759668-0 04/25/00 Detroit
110-3448241-3 04/27/00 Los Angeles
110-3448247-0 04/27/00 Los Angeles
110-3448276-9 04/28/00 Memphis
110-3448274-4 04/28/00 Memphis
110-3448282-7 05/04/00 Memphis
101-4081779-1 05/07/00 Memphis
101-4088945-1 05/23/00 Memphis
101-4089954-3 05/23/00 Memphis
101-4088960-0 05/23/00 Memphis
101-4092192-4 05/25/00 Memphis
101-4089312-3 05/26/00 Detroit
101-4089942-7 05/26/00 Detroit
101-4089893-2 05/26/00 Detroit
101-4092221-1 05/26/00 Memphis
101-4089697-7 05/26/00 Los Angeles
101-4092215-3 05/26/00 Memphis
101-4086053-6 05/26/00 Los Angeles
101-4122700-8 07/27/00 Los Angeles
101-4122707-3 07/27/00 Los Angeles
101-4122712-3 07/27/00 Los Angeles
101-4127147-7 08/03/00 Los Angeles
101-4132485-4 08/09/00 Norfolk
101-4129989-0 08/11/00 Detroit
101-4130345-2 08/17/00 Detroit
101-4129976-7 08/23/00 Detroit
101-4149476-4 09/06/00 Los Angeles
101-4149483-0 09/06/00 Los Angeles
101-4149493-9 09/06/00 Los Angeles
101-4148595-2 09/08/00 Detroit
101-4153301-7 09/18/00 Detroit
101-4154523-5 09/14/00 Los Angeles
101-4153389-2 09/18/00 Detroit
101-4157161-1 09/20/00 Norfolk
101-4153333-0 09/21/00 Detroit
101-4155542-4 09/26/00 Detroit
101-4166291-5 10/07/00 Los Angeles
101-4167325-0 10/09/00 Detroit
101-4167363-1 10/12/00 Detroit
101-4164567-0 10/13/00 Norfolk
101-4168049-5 10/14/00 Los Angeles
101-4172904-5 10/21/00 Los Angeles
101-4175579-2 10/30/00 Los Angeles
101-4183996-8 11/07/00 Detroit
101-4183234-4 11/09/00 Detroit
101-4183251-8 11/09/00 Detroit
101-4183253-4 11/09/00 Detroit
101-4183257-5 11/09/00 Detroit
101-4183264-1 11/09/00 Detroit
101-4184811-8 11/13/00 Los Angeles
101-4184819-1 11/13/00 Los Angeles
101-4189001-1 11/14/00 Tampa
101-4185526-1 11/16/00 Detroit
101-4185535-2 11/16/00 Detroit
101-4186580-7 11/20/00 Detroit
101-4189830-3 11/20/00 Detroit
101-4189774-3 11/21/00 Detroit
101-4191183-3 11/24/00 Los Angeles
101-4191188-2 11/24/00 Los Angeles
101-4191193-2 11/24/00 Los Angeles
101-4194796-9 11/29/00 Detroit
101-4194801-7 11/29/00 Detroit
101-4196383-4 12/01/00 Los Angeles
101-4196389-1 12/01/00 Los Angeles
101-4199308-8 12/13/00 Detroit | Directs the Customs Service to liquidate or reliquidate certain entries of candles without assessment of antidumping duties and interest and to refund any amounts owed. | {"src": "billsum_train", "title": "A bill to provide for the reliquidation of certain entries of candles."} | 1,335 | 35 | 0.473611 | 1.377219 | 0.620279 | 2.576923 | 45.961538 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Contracting in Iraq Act of
2003''.
SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION TO CONGRESS.
(a) Notification to Congress.--(1) The head of an executive agency
that enters into a contract, or task or delivery order under a task or
delivery order contract, in excess of $1,000,000 relating to activities
in Iraq shall, within 7 days after entering into the contract or order,
notify the chairman and ranking member of the committees described in
subsection (b) that the contract or order has been entered into.
(2) Upon request of the chairman or ranking member of a committee
described in subsection (b), the head of an executive agency shall
provide, within 14 days after receipt of the request, unredacted copies
of any documents required to be maintained in the contracting office
contract file, the contract administration office contract file, and
the paying office contract file pursuant to subpart 4.8 of the Federal
Acquisition Regulation, including--
(A) copies of the contract and all modifications;
(B) orders issued under the contract;
(C) justifications and approvals;
(D) any government estimate of contract price;
(E) source selection documentation;
(F) cost or price analysis;
(G) audit reports;
(H) justification for type of contract;
(I) authority for deviations from regulations, statutory
requirements, or other restrictions;
(J) bills, invoices, vouchers, and supporting documents;
and
(K) records of payments or receipts.
(b) Committees.--The committees referred to in subsection (a) are
the following:
(1) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(2) The Committees on Appropriations of the Senate and
House of Representatives.
(3) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
the department or agency to which the contract, task or
delivery order, or documents referred to in paragraph (1) or
(2) of subsection (a) relates.
SEC. 3. COMPETITION IN CONTRACTING FOR THE RECONSTRUCTION OF
INFRASTRUCTURE IN IRAQ.
(a) Requirements for Competition.--Notwithstanding any other
provision of law, and subject to subsection (b), none of the funds
appropriated by this Act to carry out sections 103 through 106 and
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2151d; 2346 et seq.) that are made available for assistance for
Iraq may be used--
(1) to enter into any Federal contract (including any
follow-on contract) through the use of procedures other than
competitive procedures (as defined in section 4(5) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(5)); or
(2) for a task or delivery order in excess of $1,000,000
issued under a task or delivery order contract unless such
contract was awarded to two or more contractors, and such
contractors have a fair opportunity to be considered for the
task or delivery order.
(b) Limitations.--(1) Subsection (a)(1) shall not apply in the case
of a contract for which the Director of the Office of Management and
Budget approves the use of procedures other than competitive procedures
by reason of the application of paragraph (1), (2), (3), (4), (5), (6),
or (7) under section 303(c) of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)).
(2) Subsection (a)(2) shall not apply in the case of a task or
delivery order contract for which the head of the executive agency
concerned approves the application of paragraph (1), (2), (3) or (4) of
section 303J(b) of title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253j(b)) to such contract.
(c) Applicability.--This section shall not apply to contracts
entered into before October 1, 2003.
SEC. 4. IRAQI INVOLVEMENT.
(a) Plan.--The head of each executive agency entering into a
contract relating to activities in Iraq shall develop a plan for
minimizing costs to the Federal Government through the use of Iraqi
firms.
(b) Components of Plan.--(1) The plan shall require the head of
each executive agency to assess, before entering into a contract
relating to activities in Iraq, whether the use of Iraqi firms to carry
out the contract could reduce the costs of such contract to the Federal
Government.
(2) The plan may provide for the waiver of otherwise applicable
Federal procurement laws or regulations with respect to the contract if
the head of the executive agency determines that such laws or
regulations impede the ability of the executive agency to reduce the
costs of such contract to the Federal Government through the use of
Iraqi firms.
(3) The plan shall ensure that all contracts with respect to which
laws or regulations are waived pursuant to paragraph (2) are entered
into using contracting procedures that are open, fair, accountable,
and, to the maximum extent practicable, competitive.
SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AUTHORITY FOR IRAQ.
In this section:
(1) The term ``executive agency'' has the meaning given
such term in section 105 of title 5, United States Code. For
purposes of the following provisions of law, the term includes
the Coalition Provisional Authority for Iraq:
(A) Procurement statutes, including chapters 137
and 141 of title 10, United States Code, title III of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.), and the Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.).
(B) Section 552 of title 5, United States Code
(known as the Freedom of Information Act).
(C) Financial management statutes requiring the
preparation of audited financial statements, including
section 3535 of title 31, United States Code.
(2) The term ``Coalition Provisional Authority for Iraq''
means the entity charged by the President with directing
reconstruction efforts in Iraq. | Clean Contracting in Iraq Act of 2003 - Requires the head of an executive agency that enters into a contract, or task or delivery order under a task or delivery order contract, in excess of $1 million relating to activities in Iraq to notify the chairman and ranking member of specified congressional committees and to provide the chairman and ranking member with listed contract documents upon request.
Prohibits, with specified exceptions, the use of Iraq reconstruction funds appropriated by this Act: (1) to enter into any Federal contract through the use of procedures other than competitive procedures; or (2) for a task or delivery order in excess of $1 million unless the underlying task or delivery order contract was awarded to two or more contractors and such contractors have a fair opportunity to be considered for the order.
Requires the head of each executive agency entering into a contract relating to activities in Iraq to develop a plan for minimizing costs to the Federal Government through the use of Iraqi firms.
Includes the Coalition Provisional Authority for Iraq in the definition of "executive agency" for purposes of Federal procurement and financial management statutes and the Freedom of Information Act. | {"src": "billsum_train", "title": "To require transparency, increased competition in contracting, and the increased use of Iraqi contractors in Iraq."} | 1,379 | 243 | 0.673005 | 2.001958 | 0.905791 | 5.963636 | 5.881818 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategy To Oppose Predatory Organ
Trafficking Act'' or the ``STOP Organ Trafficking Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The World Health Organization (WHO) estimates that
approximately 10 percent of all transplanted kidneys worldwide
are illegally obtained, often bought from vulnerable
impoverished persons or forcibly harvested from prisoners.
(2) In 2004, the World Health Assembly passed a resolution
urging its member-states to take measures to protect the
poorest as well as vulnerable groups from exploitation by organ
traffickers.
(3) On February 13, 2008, the United Nations Global
Initiative to Fight Human Trafficking (UNGIFT) hosted the
``Vienna Forum to Fight Human Trafficking'', and subsequently
reported that a lack of adequate illicit organ trafficking laws
has provided opportunity for the illegal trade to grow.
(4) On March 21, 2011, the Council of the European Union
adopted rules supplementing the definition of criminal offenses
and the level of sanctions in order to strengthen the
prevention of organ trafficking and the protection of those
victims.
(5) In 2005, the United States ratified the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, a supplement to the United Nations
Convention against Transnational Organized Crime, which
includes the removal of organs as a form of exploitation under
the definition of ``trafficking in persons''.
(6) According to a 2013 United Nations report from the
Special Rapporteur on trafficking in persons, especially women
and children, the economic and social divisions within and
among countries is notably reflected in the illicit organ
trafficking market, in which the victims are commonly poor,
unemployed, and more susceptible to deceit and extortion.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the kidnapping or coercion of individuals for the
purpose of extracting their organs for profit is in
contradiction of the ideals and standards for ethical behavior
upon which the United States has based its laws;
(2) the illegal harvesting of organs from children is a
violation of the human rights of the child and is a breach of
internationally accepted medical ethical standards described in
WHO Assembly Resolution 57.18 (May 22, 2004);
(3) the illegal harvesting and trafficking of organs
violates the Universal Declaration of Human Rights, in Article
3 which states that ``Everyone has the right to life, liberty
and security of person.'', and in Article 4 which states that
``No one shall be held in slavery or servitude.''; and
(4) establishing efficient voluntary organ donation systems
with strong enforcement mechanisms is the most effective way to
combat trafficking of persons for the removal of their organs.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) combat the international trafficking of persons for the
removal of their organs;
(2) promote the establishment of voluntary organ donation
systems with effective enforcement mechanisms in bilateral
diplomatic meetings, as well as in international health forums;
and
(3) promote the dignity and security of human life in
accordance with the Universal Declaration of Human Rights.
SEC. 5. REVOCATION OR DENIAL OF PASSPORTS TO INDIVIDUALS WHO ARE ORGAN
TRAFFICKERS.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C.
211a et seq.), which is commonly known as the ``Passport Act of 1926'',
is amended by adding at the end the following:
``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.
``(a) Issuance.--The Secretary of State may refuse to issue a
passport to any individual who has been convicted of an offense under
section 301 of the National Organ Transplant Act (42 U.S.C. 274e) if
such individual used a passport or otherwise crossed an international
border in the commission of such an offence.
``(b) Revocation.--The Secretary of State may revoke a passport
previously issued to any individual described in paragraph (1).''.
SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
(a) Definitions.--Section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting: ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) trafficking of persons for the removal of
their organs (as defined in paragraph (13)).'';
(2) by redesignating paragraphs (13) through (15) as
paragraphs (14) through (16), respectively; and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) Trafficking of persons for the removal of their
organs.--
``(A) In general.--The term `trafficking of persons
for the removal of their organs' means the recruitment,
transportation, transfer, harboring, or receipt of a
person, either living or deceased, for the purpose of
removing one or more of the person's organs, by means
of--
``(i) coercion;
``(ii) abduction;
``(iii) deception;
``(iv) fraud;
``(v) abuse of power or a position of
vulnerability; or
``(vi) transfer of payments or benefits to
achieve the consent of a person having control
over a person described in the matter preceding
clause (i).
``(B) Organ defined.--In subparagraph (A), the term
`organ' has the meaning given the term `human organ' in
section 301(c)(1) of the National Organ Transplant Act
(42 U.S.C. 274e(c)(1)).''.
(b) Interagency Task Force to Monitor and Combat Trafficking.--
Section 105(d)(3) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7103(d)(3)) is amended by inserting after the first sentence the
following new sentence: ``Such procedures shall include collection and
organization of data from human rights officers at United States
embassies on host country's laws against trafficking of persons for the
removal of their organs and any instances of violations of such
laws.''.
SEC. 7. REPORTING.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through 2024, the
Secretary of State shall submit to the appropriate congressional
committees a comprehensive report that includes the following
information:
(1) A description of the sources, practices, methods,
facilitators, and recipients of trafficking of persons for the
removal of their organs during the period covered by each such
report.
(2) A description of activities undertaken by the
Department of State, either unilaterally or in cooperation with
other countries, to address and prevent trafficking of persons
for the removal of their organs.
(3) A description of activities undertaken by countries to
address and prevent trafficking of persons for the removal of
their organs.
(b) Matters To Be Included.--The reports required under subsection
(a) shall include the collection and organization of data from human
rights officers at United States diplomatic and consular posts on host
countries' laws against trafficking of persons for the removal of their
organs, including enforcement of such laws, or any instances of
violations of such laws.
(c) Additional Matters To Be Included.--The reports required under
subsection (a) may include--
(1) information provided in meetings with host country
officials;
(2) information provided through cooperation with United
Nations or World Health Organization agencies;
(3) communications and reports provided by nongovernmental
organizations working on the issue of trafficking of persons
for the removal of their organs; and
(4) any other reports or information sources the Secretary
of State determines to be necessary and appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Organ.--The term ``organ'' has the meaning given the
term ``human organ'' in section 301(c)(1) of the National Organ
Transplant Act (42 U.S.C. 274e(c)(1)).
(3) Trafficking of persons for the removal of their
organs.--The term ``trafficking of persons for the removal of
their organs'' means the recruitment, transportation, transfer,
harboring, or receipt of a person, either living or deceased,
for the purpose of removing one or more of the person's organs,
by means of--
(A) coercion;
(B) abduction;
(C) deception;
(D) fraud;
(E) abuse of power or a position of vulnerability;
or
(F) transfer of payments or benefits to achieve the
consent of a person having control over a person
described in the matter preceding clause (i).
SEC. 9. LIMITATION ON FUNDS.
No additional funds are authorized to be appropriated to carry out
this Act or any amendment made by this Act.
Passed the House of Representatives June 13, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Strategy To Oppose Predatory Organ Trafficking Act or the STOP Organ Trafficking Act (Sec. 3) This bill expresses the sense of Congress that: kidnapping or coercion of individuals to extract their organs for profit contradicts the standards for ethical behavior upon which the United States has based its laws; illegal harvesting of organs from children is a violation of the chid's human rights and a breach of international medical ethical standards; illegal harvesting and trafficking of human organs violates the Universal Declaration of Human Rights; and establishing efficient national organ donation systems with strong enforcement mechanisms is the most effective way to combat trafficking of persons for the removal of their organs. (Sec. 4) It shall be U.S. policy to: (1) combat trafficking of persons for the removal of their organs, (2) promote the establishment of voluntary organ donation systems with effective enforcement mechanisms, and (3) promote the dignity and security of human life. (Sec. 5) The Passport Act of 1926 is amended to authorize the Department of State to refuse to issue a passport to, and revoke a previously issued passport from, a person convicted of trafficking in human organs who used a passport or otherwise crossed an international border in committing such offense. (Sec. 6) The Trafficking Victims Protection Act of 2000 is amended to define "trafficking of persons for the removal of their organs" as the recruitment, transportation, transfer, harboring, or receipt of a person, either living or dead, for the purpose of removing one or more of the person's organs by: coercion, abduction, deception, fraud, abuse of power, or transfer of payments or benefits to achieve the consent of an individual having control over such person for the purpose of removing the person's organs. "Organ" means the human (including fetal) kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin or any subpart thereof and any other human organ specified by the Department of Health and Human Services. Trafficking of persons for the removal of their organs is included in the definition of "severe forms of trafficking in persons." The Interagency Task Force To Monitor and Combat Trafficking is tasked with collecting and organizing data from human rights officers at U.S. embassies on host country's laws against trafficking of persons for the removal of their organs and any instances of violations of such laws. (Sec. 7) The State Department shall report annually through 2024 to Congress regarding: (1) the trafficking of persons for the removal of their organs, and (2) preventive activities undertaken by the State Department and other countries. | {"src": "billsum_train", "title": "Strategy To Oppose Predatory Organ Trafficking Act"} | 2,171 | 611 | 0.596345 | 2.132897 | 0.7779 | 4.568401 | 3.803468 | 0.888247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yellowstone Protection Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the superlative natural and scenic resources of the
Yellowstone area led Congress in 1872 to establish Yellowstone
National Park as the world's first national park;
(2) a 20.5 mile segment of the Clarks Fork of the
Yellowstone River was designated in 1990 as a component of the
National Wild and Scenic Rivers system, the only such
designation within the State of Wyoming, in order to preserve
and enhance the natural, scenic, and recreational resources of
such segment;
(3) the Absaroka-Beartooth National Wilderness Area was
designated in 1978 to protect the wilderness and ecological
values of certain lands north and east of Yellowstone National
Park;
(4) in recognition of its natural resource values and
international significance, Yellowstone National Park was
designated a World Heritage Site in 1978;
(5) past and ongoing mining practices have degraded the
resource values of Henderson Mountain and adjacent lands
upstream of Yellowstone National Park, the Absaroka-Beartooth
National Wilderness Area and the Clarks Fork of the Yellowstone
National Wild and Scenic River, and acid mine pollution and
heavy metal contamination caused by such practices have
polluted the headwater sources of Soda Butte Creek and the
Lamar River, the Clarks Fork of the Yellowstone River and the
Stillwater River;
(6) on September 1, 1995 approximately 19,100 acres of
Federal land upstream of Yellowstone National Park, the Clarks
Fork of the Yellowstone National Wild and Scenic River and the
Absaroka-Beartooth National Wilderness Area were segregated
from entry under the general mining laws for a two-year period,
in order to protect the watersheds within the drainages of the
Clarks Fork of the Yellowstone River, Soda Butte Creek and the
Stillwater River and to protect the water quality and fresh
water fishery resources within Yellowstone National Park;
(7) because of proposed mineral development upstream of
Yellowstone National Park, and other reasons, the World
Heritage Committee added Yellowstone National Park to the
``List of World Heritage in Danger'' in December, 1995; and
(8) proposed mining activities in the area present a clear
and present danger to the resource values of the area as well
as those of Yellowstone National Park, the Clarks Fork of the
Yellowstone National Wild and Scenic River and the Absaroka-
Beartooth National Wilderness Area, and it is, therefore, in
the public interest to protect these lands and rivers from such
mining activities.
SEC. 3. PURPOSE.
The purpose of the Act is to make permanent the present temporary
segregation of lands upstream of Yellowstone National Park, Absaroka-
Beartooth National Wilderness Area and the Clarks Fork of the
Yellowstone National Wild and Scenic River from entry under the general
mining laws, restrict the use of certain Federal lands, and to provide
assurance that the exercise of valid existing mineral rights does not
threaten the water quality, fisheries and other resource values of this
area.
SEC. 4. AREA INCLUDED.
The area affected by this Act shall be comprised of approximately
24,000 acres of lands and interests in lands within the Gallatin and
Custer National Forests as generally depicted on the map entitled
``Yellowstone Protection Act of 1996''. The map shall be on file and
available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture, Washington, D.C.
SEC. 5. MINERALS AND MINING.
(a) Withdrawal.--After enactment of this Act, and subject to valid
existing rights, the lands segregated from entry under the general
mining laws pursuant to the order contained on page 45732 of the
Federal Register (September 1, 1995) shall not be--
(1) open to location of mining claims under the general
mining laws of the United States;
(2) available for leasing under the mineral leasing and
geothermal leasing laws of the United States; and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Material Act of
1947 (30 U.S.C. 601 et seq.).
(b) Limitation on Patent Issuance.--Subject to valid existing
rights, no patents under the general mining laws shall be issued for
any claim located in the area described in section 4.
(c) Prohibition.--(1) Subject to valid existing rights, no Federal
lands within the area described in section 4 may be used in connection
with any mining related activity, except for reclamation.
(2) Subject to valid existing rights, no Federal department or
agency shall assist by loan, grant, license, or otherwise in the
development or construction of cyanide heap- or vat-leach facilities,
dams, or other impoundment structures for the storage of mine tailings,
work camps, powerplants, electrical transmission lines, gravel or rock
borrow pits or mills within the area described in section 4. However,
nothing in this section shall limit reclamation.
(d) Reclamation.--Any mining or mining related activities occurring
in the area described in section 4 shall be subject to operation and
reclamation requirements established by the Secretary of Agriculture,
including requirements for reasonable reclamation of disturbed lands to
a visual and hydrological condition as close as practical to their
premining condition.
(e) Mining Claim Validity Reviews.--The Secretary of the Interior,
in consultation with the Secretary of Agriculture, shall complete
within three years of the date of enactment of this Act, a review of
the validity of all claims under the general mining laws within the
area described in section 4. If a claim is determined to be invalid,
the claim shall be immediately declared null and void.
(f) Plans of Operation.--(1) The Secretary of Agriculture shall not
approve a plan of operation for mining activities within the area
described in section 4 that threatens to pollute groundwater or surface
water flowing into Yellowstone National Park, the Clarks Fork of the
Yellowstone National Wild and Scenic River or the Absaroka-Beartooth
National Wilderness Area.
(2) Prior to granting an order approving a plan of operations for
mining activities within the area described in section 4, the Secretary
of Agriculture shall transmit the proposed plan of operation to the
Secretary of the Interior and the Administrator of the Environmental
Protection Agency, and the Governors of Montana and Wyoming.
(3) Within 90 days of the date on which the proposed plan of
operations is submitted for their review, the Secretary of the Interior
and the Administrator of the Environmental Protection Agency shall
either: (i) certify that the proposed plan of operation does not
threaten to pollute groundwater or surface water flowing into
Yellowstone National Park, the Clarks Fork of the Yellowstone National
Wild and Scenic River or the Absaroka-Beartooth National Wilderness
Area, or (ii) make recommendations for any actions or conditions that
would be necessary to obtain their certification that the proposed plan
of operation will not threaten such pollution.
(4) The Secretary of Agriculture shall not approve a plan of
operation unless: (i) the Secretary of the Interior and the
Administrator of the Environmental Protection Agency provide the
certification under subsection (f)(3) of this section, or (ii) the plan
of operation is modified to adopt the recommendations made by them, and
(iii) any comments submitted by the Governors of Montana and Wyoming
are taken into account.
(5) The Secretary of Agriculture shall not approve a plan of
operation for any mining activities within the area described in
section 4 that requires the perpetual treatment of acid mine pollution
of surface or groundwater resources.
(6) Prior to executing a final approval of the plan of operation,
the Secretary of Agriculture shall transmit the proposed final plan to
the President and Congress. The President and Congress shall have 6
months from the date of submittal to consider and review the final plan
of operation, before the Secretary of Agriculture may execute any final
approval of such plan. | Yellowstone Protection Act of 1996 - Provides that specified lands located upstream of Yellowstone National Park, Absaroka-Beartooth National Wilderness Area, and the Clarks Fork of the Yellowstone National Wild and Scenic River within the Gallatin and Custer National Forests in Montana (the Area) that are segregated from entry under the general mining laws pursuant to executive order shall not be: (1) open to location of mining claims under U.S. general mining laws; (2) available for leasing under U.S. mineral and geothermal leasing laws; and (3) available for disposal of mineral materials under the Materials Act of 1947.
Prohibits: (1) patents under the general mining laws from being issued for claims located in the Area; (2) Federal lands within such Area from being used in connection with mining related activities, except for reclamation; or (3) Federal departments or agencies from assisting in the development or construction of impoundment structures for the storage of mine tailings, work camps, powerplants, electrical transmission lines, gravel or rock borrow pits or mills within the Area. Provides that nothing in this Act shall limit reclamation.
Subjects any mining or mining related activities occurring in the Area to operation and reclamation requirements established by the Secretary of Agriculture.
Requires the Secretary of the Interior to review mining claims within the Area and to declare invalid claims null and void.
Prohibits the Secretary of Agriculture from approving a plan for mining operation activities within the Area that: (1) threaten to pollute groundwater or surface water; or (2) require the perpetual treatment of acid mine pollution of surface or groundwater resources.
Sets forth plan approval procedures. | {"src": "billsum_train", "title": "Yellowstone Protection Act of 1996"} | 1,752 | 360 | 0.565877 | 1.849938 | 0.767694 | 4.361635 | 5.075472 | 0.927673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Health Care Coalition Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a 2002 survey conducted by the Henry J.
Kaiser Family Foundation, 95 percent of the Americans who
receive their health care coverage through their employer are
enrolled in a managed health care plan, up from 27 percent in
1987. Serious questions have been raised about the quality of
care patients are receiving under these plans.
(2) Changes in the health care industry have led to an
increased concentration of health care plans, including
approximately 177 mergers in the last 13 years. This enhanced
concentration has given health care plans significant leverage
over health care providers and patients.
(3) Antitrust laws which prohibit health care professionals
from negotiating freely with health care plans infringe on the
health care professionals' constitutionally-protected rights of
freedom of association and contract.
(4) Repealing Federal laws which prohibit medical
professionals from negotiating collectively with health care
plans will create a more equal balance of negotiating power,
will promote cooperation, and will enhance the quality of
patient care.
(5) Repealing Federal laws which prohibit medical
professionals from negotiating collectively with health care
plans will not change the professionals ethical duty to
continue to provide medically necessary care to their patients.
SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE
PROFESSIONALS NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any health care professionals who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the professionals provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be exempt from the Federal antitrust laws.
(b) Limitation.--
(1) No new right for collective cessation of service.--The
exemption provided in subsection (a) shall not confer any new
right to participate in any collective cessation of service to
patients not already permitted by existing law.
(2) No change in national labor relations act.--This
section applies only to health care professionals excluded from
the National Labor Relations Act. Nothing in this section shall
be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any
group of persons under that Act.
(c) No Application to Federal Programs.--Nothing in this section
shall apply to negotiations between health care professionals and
health plans pertaining to benefits provided under any of the
following:
(1) The medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(2) The medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(3) The SCHIP program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(4) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(5) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(6) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(7) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(d) Definitions.--For purposes of this section:
(1) Federal antitrust laws.--The term ``Federal antitrust
laws'' has the meaning the term ``antitrust laws'' in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition.
(2) Health plan and related terms.--
(A) In general.--The term ``health plan'' means a
group health plan or a health insurance issuer that is
offering health insurance coverage.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Health care professional.--The term ``health care
professional'' means an individual who provides health care
items or services, treatment, assistance with activities of
daily living, or medications to patients and who, to the extent
required by State or Federal law, possesses specialized
training that confers expertise in the provision of such items
or services, treatment, assistance, or medications. | Quality Health Care Coalition Act of 2005 - Exempts health care professionals that are negotiating with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided from federal antitrust laws in connection with such negotiations.
Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the State Children's Health Insurance Program (SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act. | {"src": "billsum_train", "title": "To ensure and foster continued patient safety and quality of care by exempting health care professionals from the Federal antitrust laws in their negotiations with health plans and health insurance issuers."} | 1,120 | 138 | 0.575193 | 1.739875 | 0.715406 | 4.153846 | 7.776923 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Profiting from Access to Computer
Technology (PACT) Act'' or the ``Child PACT Act''.
SEC. 2. PROTECTION OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.
Each Federal agency shall, to the extent practicable, protect and
safeguard educationally useful Federal equipment that has been
determined to be surplus, so that such equipment may be transferred
under this Act.
SEC. 3. EFFICIENT TRANSFER OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.
(a) Transfer of Equipment to GSA.--Each Federal agency, to the
extent permitted by law and where appropriate, shall--
(1) identify educationally useful Federal equipment that it
no longer needs or such equipment that has been declared
surplus in accordance with section 549 of title 40, United
States Code;
(2) erase any hard drive, before transfer under paragraph
(3), in accordance with standards in effect under the
Department of Defense Industrial Security Program (Directive
5220.22 or successor authority); and
(3)(A) transfer the equipment to the Administrator of
General Services for conveyance to educational recipients; or
(B) transfer the equipment directly to--
(i) an educational recipient, through an
arrangement made by the Administrator of General
Services under subsection (b); or
(ii) a nonprofit refurbisher under subsection (d).
(b) Advance Reporting of Equipment to GSA.--Each Federal agency
shall report to the Administrator of General Services the anticipated
availability of educationally useful Federal equipment as far as
possible in advance of the date the equipment is to become surplus, so
that the Administrator may attempt to arrange for the direct transfer
from the donating agency to educational recipients.
(c) Preference.--In carrying out conveyances to educational
recipients under this Act, the Administrator of General Services shall,
to the extent practicable, give particular preference to educational
recipients located in an enterprise community, empowerment zone, or
renewal community designated under section 1391, 1400, or 1400E of the
Internal Revenue Code of 1986.
(d) Refurbishment of Non-Classroom-Usable Equipment.--At the
request of an educational recipient, educationally useful Federal
equipment that is not classroom-usable shall be conveyed initially to a
nonprofit refurbisher for upgrade before transfer to the educational
recipient.
(e) Lowest Cost.--All transfers to educational recipients shall be
made at the lowest cost to the recipient permitted by law.
(f) Notice of Availability of Equipment.--The Administrator of
General Services shall provide notice of the anticipated availability
of educationally useful Federal equipment (including non-classroom-
usable equipment) to educational recipients by all practicable means,
including the Internet, newspapers, and community announcements.
(g) Facilitation by Regional Federal Executive Boards.--The
regional Federal Executive Boards (as that term is used in part 960 of
title 5, Code of Federal Regulations) shall help facilitate the
transfer of educationally useful Federal equipment from the agencies
they represent to recipients eligible under this Act.
SEC. 4. AGENCY TECHNICAL ASSISTANCE.
Each Federal agency with employees who have computer expertise
shall, to the extent permitted by law and in accordance with any
guidelines prescribed by the Director of the Office of Personnel
Management, encourage those employees--
(1) to help connect classrooms in schools to the Nation's
information infrastructure;
(2) to assist teachers in schools in learning to use
computers to teach; and
(3) to assist in providing ongoing maintenance of, and
technical support for, educationally useful Federal equipment
transferred to educational recipients under this Act.
SEC. 5. RULEMAKING.
The Administrator of General Services shall prescribe rules and
procedures to carry out this Act.
SEC. 6. EFFECT ON OTHER LAWS.
This Act supersedes Executive Order No. 12999 of April 17, 1996.
SEC. 7. RULE OF CONSTRUCTION.
This Act may not be construed to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, officers, or employees.
SEC. 8. DEFINITIONS.
In this Act:
(1) The term ``Federal agency'' means an Executive
department or an Executive agency (as such terms are defined in
chapter 1 of title 5, United States Code).
(2) The term ``educational recipient'' means a school or a
community-based educational organization.
(3) The term ``school'' includes a prekindergarten program
(as that term is used in the Elementary and Secondary Education
Act of 1965), an elementary school, a secondary school, and a
local educational agency (as those terms are defined in section
9101 of that Act).
(4) The term ``community-based educational organization''
means a nonprofit entity that--
(A) is engaged in collaborative projects with
schools or the primary focus of which is education; and
(B) qualifies as a nonprofit educational
institution or organization for purposes of section
549(c)(3) of title 40, United States Code.
(5) The term ``educationally useful Federal equipment''
means computers and related peripheral tools (such as computer
printers, modems, routers, and servers), including
telecommunications and research equipment, that are appropriate
for use by an educational recipient. The term also includes
computer software, where the transfer of a license is
permitted.
(6) The term ``classroom-usable'', with respect to
educationally useful Federal equipment, means such equipment
that does not require an upgrade of hardware or software in
order to be used by an educational recipient without being
first transferred under section 3(d) to a nonprofit refurbisher
for such an upgrade.
(7) The term ``nonprofit refurbisher'' means an
organization that--
(A) is exempt from income taxes under section
501(c) of the Internal Revenue Code of 1986; and
(B) upgrades educationally useful Federal equipment
that is not classroom-usable at no cost or low cost to
the ultimate recipient school or community-based
educational organization. | Profiting from Access to Computer Technology (PACT) Act - Child PACT Act - Directs each Federal agency to: (1) safeguard and identify educationally useful Federal equipment that it no longer needs or that has been declared surplus; (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients or nonprofit refurbishers; and (3) encourage employees with computer expertise to assist in providing maintenance and technical support for the recipients of such equipment, connecting school classrooms to the Internet, and helping teachers to learn to use computers to teach. | {"src": "billsum_train", "title": "To establish a program to transfer surplus computers of Federal agencies to schools and nonprofit community-based educational organizations, and for other purposes."} | 1,325 | 115 | 0.568109 | 1.602431 | 0.618472 | 2.585586 | 11.117117 | 0.927928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Government Shutdowns Act''.
SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING.
(a) In General.--If, as a result of a failure to enact a regular or
continuing appropriation Act or joint resolution, there is a lapse in
appropriations for any projects or activities of the Federal Government
that were conducted in the previous fiscal year, and for which
appropriations, funds, or other authority were made available in such
fiscal year, there is appropriated, out of any money in the Treasury
not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, such amounts as may be necessary for
continuing such projects or activities (including the costs of direct
loans and loan guarantees), at the current rate for operations and
under the authority and conditions provided in the applicable
appropriation Act or Acts that provided funds for the project or
activity for the previous fiscal year.
(b) Continuation Period.--Appropriations and funds made available
and authority granted for a project or activity pursuant to this Act
shall be available until whichever of the following first occurs:
(1) the enactment into law of an appropriation for such
project or activity;
(2) the enactment into law of the applicable appropriation
Act for such fiscal year without any provision for such project
or activity; or
(3) the last day of the fiscal year for which such
appropriations and funds are made available or such authority
is granted for such project or activity pursuant to subsection
(a).
SEC. 3. AVAILABILITY OF FUNDS.
(a) Extent and Manner.--Appropriations made by section 2(a) shall
be available to the extent and in the manner that would be provided by
the applicable appropriation Act.
(b) Coverage.--Appropriations made and authority granted pursuant
to this Act shall cover all obligations or expenditures incurred for
any project or activity during the period for which funds or authority
for such project or activity are available under this Act.
SEC. 4. USE OF FUNDS.
(a) No New Starts.--No appropriation or funds made available or
authority granted pursuant to section 2(a) shall be used to initiate or
resume any project or activity for which appropriations, funds, or
other authority were not available during the previous fiscal year.
(b) Apportionment Timing.--Appropriations made and funds made
available by or authority granted pursuant to this Act may be used
without regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United States
Code, but nothing in this Act may be construed to waive any other
provision of law governing the apportionment of funds.
(c) High Rates for Operation.--Notwithstanding any other provision
of this Act, except section 2(b), for those programs that would
otherwise have high rates for operation or complete distribution of
appropriations in the period for which appropriations for such programs
are made available under this Act because of distributions of funding
to States, foreign countries, grantees, or others, such high initial
rates for operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
(d) Limited Funding Actions.--This Act shall be implemented so that
only the most limited funding action of that permitted in the Act shall
be taken in order to provide for continuation of projects and
activities.
(e) Prevention of Furloughs.--Amounts made available under section
2(a) for civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with the applicable appropriation Act for the previous
fiscal year, except that such authority provided under this section
shall not be used until after the department or agency has taken all
necessary actions to reduce or defer non-personnel-related
administrative expenses.
(f) Pay for Members of the Armed Forces.--During a period in which
appropriations are made available under this Act for the pay of members
of the Armed Forces, the rate of pay for such members shall not be
decreased by reason of this Act.
(g) Application of Certain Authorization Requirements.--Funds
appropriated by this Act may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
SEC. 5. ADJUSTMENT OF ACCOUNTS.
Expenditures made pursuant to this Act shall be charged to the
applicable appropriation, fund, or authorization whenever a bill in
which such applicable appropriation, fund, or authorization is
contained is enacted into law.
SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS.
(a) For entitlements and other mandatory payments whose budget
authority was provided in previous appropriation Acts, and for
activities under the Food and Nutrition Act of 2008, activities shall
be continued at the rate to maintain program levels under current law,
under the authority and conditions provided in the applicable
appropriation Act for the previous fiscal year, to be continued through
the date on which appropriations for such programs under this Act
expire (as specified in section 2(b)).
(b) Notwithstanding section 2(b)(3), obligations for mandatory
payments due on or about the first day of any month that begins after
the first month in which appropriations for such programs are made
under this Act but not later than 30 days after the date on which
appropriations for such programs under this Act expire (as specified in
section 2(b)(3)) may continue to be made, and funds shall be available
for such payments. | Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities.
Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity.
Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year.
Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements; but declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.
Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period.
Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law.
Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008. | {"src": "billsum_train", "title": "To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations."} | 1,380 | 516 | 0.760969 | 2.299917 | 0.743194 | 6.214623 | 2.799528 | 0.936321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Zone Reasonableness
Restoration Act of 2018''.
SEC. 2. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES
WITHOUT A WARRANT.
(a) In General.--Section 287(a) of the Immigration and Nationality
Act (8 U.S.C. 1357(a)) is amended--
(1) in paragraph (5), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by redesignating paragraphs (4) and (5) as
subparagraphs (E) and (F), respectively;
(4) in the matter preceding subparagraph (A), as
redesignated--
(A) by inserting ``(1)'' before ``Any officer'';
(B) by striking ``Service'' and inserting
``Department of Homeland Security'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(D) by inserting ``, to the extent permitted by the
Fourth Amendment to the Constitution of the United
States'' after ``warrant'';
(5) in paragraph (1), by striking subparagraph (C), as
redesignated, and inserting the following:
``(C) within a distance of 25 air miles from any external
boundary of the United States, or such distance as may be
prescribed by the Secretary pursuant to paragraph (2), to board
and search for aliens any vessel within the territorial waters
of the United States and any railway car, aircraft, conveyance,
or vehicle for the purpose of patrolling the border to prevent
the illegal entry of aliens into the United States; provided
that no vehicle may be stopped at a fixed checkpoint under this
subparagraph beyond a distance of 10 air miles from any such
external boundary without reasonable suspicion that an
individual in such vehicle is inadmissible or otherwise not
entitled to enter or remain in the United States;
``(D) within a distance of 10 air miles from any such
external boundary, or such distance as may be prescribed by the
Secretary pursuant to paragraph (2), to have access to private
lands, but not dwellings, for the purpose of patrolling the
border to prevent the illegal entry of aliens into the United
States;''; and
(6) by inserting after the flush text following
subparagraph (F), as redesignated, the following:
``(2)(A)(i) The Secretary of Homeland Security may establish for a
sector or district a distance less than or greater than 25 air miles,
but in no case greater than 100 air miles, as the maximum distance from
an external boundary of the United States in which the authority
described in paragraph (1)(C) may be exercised, if the Secretary
certifies that such a distance is necessary for the purpose of
patrolling the border to prevent the illegal entry of aliens into the
United States, and justified by the considerations listed in
subparagraph (B).
``(ii) The Secretary of Homeland Security may establish for a
sector or district a distance less than or greater than 10 air miles,
but in no case greater than 25 air miles, as the maximum distance from
an external boundary of the United States in which the authority
described in paragraph (1)(D) may be exercised, if the Secretary
certifies that such a distance is necessary for the purpose of
patrolling the border to prevent the illegal entry of aliens into the
United States, and justified by the considerations listed in
subparagraph (B).
``(B) In making the certifications described in subparagraph (A),
the Secretary shall consider, as appropriate, land topography,
confluence of arteries of transportation leading from external
boundaries, density of population, possible inconvenience to the
traveling public, types of conveyances used, reliable information as to
movements of persons effecting illegal entry into the United States,
effects on private property and quality of life for relevant
communities and residents, consultations with affected State, local,
and tribal governments, including the governor of any relevant State,
and other factors that the Secretary considers appropriate.
``(C) A certification made under subparagraph (A) shall be valid
for a period of 5 years and may be renewed for additional 5-year
periods. If the Secretary finds at any time that circumstances no
longer justify a certification, the Secretary shall terminate the
certification.
``(D) The Secretary shall submit an annual report to the Committee
on the Judiciary of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the Judiciary of
the House of Representatives, and the Committee on Homeland Security of
the House of Representatives that identifies--
``(i) the number of certifications made under subparagraph
(A); and
``(ii) for each such certification, the sector or district
and reasonable distance prescribed, the period of time the
certification has been in effect, and the factors justifying
the certification.''.
(b) Technical and Conforming Amendments.--
(1) Authorities without a warrant.--Section 287(a) of the
Immigration and Nationality Act (8 U.S.C. 1357(a)), the
undesignated matter following paragraph (2), as added by
subsection (a)(5), is amended--
(A) by inserting ``(3)'' before ``Under
regulations'';
(B) by striking ``paragraph (5)(B)'' both places
that term appears and inserting ``subparagraph
(F)(ii)'';
(C) by striking ``(i)'' and inserting ``(A)'';
(D) by striking ``(ii) establish'' and inserting
``(B) establish'';
(E) by striking ``(iii) require'' and inserting
``(C) require''; and
(F) by striking ``clause (ii), and (iv)'' and
inserting ``subparagraph (B), and (D)''.
(2) Conforming amendment.--Section 287(e) of such Act (8
U.S.C. 1357(e)) is amended by striking ``paragraph (3) of
subsection (a),'' and inserting ``subsection (a)(1)(D),''. | Border Zone Reasonableness Restoration Act of 2018 This bill revises the border zone area in which Department of Homeland Security (DHS) officers may take certain immigration-related actions without a warrant. The Immigration and Nationality Act is amended to permit DHS officers to take the following actions without a warrant in order to patrol the border and prevent the illegal entry of persons: board and search any vessel within U.S. territorial waters and any railway car, aircraft, conveyance, or vehicle within 25 air miles from an external U.S. boundary (a vehicle may not be stopped at a fixed checkpoint beyond 10 air miles from such boundary without reasonable suspicion that an occupant is illegally in the United States); and access private lands, but not dwellings, within 10 air miles from such boundary. DHS may establish, and shall certify to Congress, that: (1) a distance of up to 100 air miles is required in a sector for conveyance searches, and (2) a distance of up to 25 air miles is required in a sector for private land access. In making such certifications DHS shall consider reasons such as land topography, transportation, or consultations with state, local, and tribal governments. | {"src": "billsum_train", "title": "Border Zone Reasonableness Restoration Act of 2018"} | 1,437 | 255 | 0.604558 | 1.804586 | 0.841087 | 2.60262 | 5.781659 | 0.855895 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Agricultural Response Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Use of disaster reserve authority to provide disaster
assistance to certain producers.
Sec. 3. Increase in loan rates for marketing assistance loans for
certain crops.
Sec. 4. Extension of marketing assistance loans.
Sec. 5. Reinstatement of farmer-owned reserve program.
Sec. 6. Strategic food reserve of loan commodities.
Sec. 7. Improved delivery of Farm Service Agency services at local and
area level.
Sec. 8. Temporary conservation reserve to respond to disease
infestations.
Sec. 9. Special crop insurance rules for counties subject to disaster
declaration.
Sec. 10. Doubling of budget authority and appropriations for direct
loan, loan guarantee, and interest rate
reduction programs for fiscal year 1999.
SEC. 2. USE OF DISASTER RESERVE AUTHORITY TO PROVIDE DISASTER
ASSISTANCE TO CERTAIN PRODUCERS.
(a) Provision of Assistance.--Section 813(a) of the Agricultural
Act of 1970 (7 U.S.C. 1427a(a)) is amended by adding at the end the
following:
``The Secretary shall use funds appropriated for the purposes of
this section to make cash payments to agricultural producers to augment
crop insurance benefits for the purpose of alleviating distress caused
by multiple year crop losses.''
(b) Appropriations.--There is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, $1,200,000,000 for the
reserve established under section 813 of the Agricultural Act of 1970
(7 U.S.C. 1427a).
(c) Designation of Emergency.--The amount appropriated under
subsection (b) shall be available only to the extent that the President
submits to Congress an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). The
entire amount of the funds is designated by Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
SEC. 3. INCREASE IN LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR
CERTAIN CROPS.
(a) Wheat.--Subsection (a) of section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph
(1) and inserting the following new paragraph:
``(1) Loan rate.--Subject to paragraph (2), the loan rate
for a marketing assistance loan under section 131 for wheat
shall be equal to the greater of--
``(A) 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of wheat, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest in the
period; and
``(B) 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the 1994 through 1998 marketing
years, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period.''.
(b) Feed Grains.--Subsection (b) of such section is amended by
striking paragraph (1) and inserting the following new paragraph:
``(1) Loan rate for corn.--Subject to paragraph (2), the
loan rate for a marketing assistance loan under section 131 for
corn shall be equal to the greater of--
``(A) 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of corn, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest in the
period; and
``(B) 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the 1994 through 1998 marketing
years, excluding the year in which the average price
was the highest and the year in which the average price was the lowest
in the period.''.
(c) Upland Cotton.--Subsection (c)(2) of such section is amended by
striking ``or more than $0.5192 per pound''.
(d) Extra Long Staple Cotton.--Subsection (d) of such section is
amended to read as follows:
``(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 131 for extra long staple cotton shall be
equal to the greater of--
``(1) 85 percent of the simple average price received by
producers of extra long staple cotton, as determined by the
Secretary, during 3 years of the 5-year period ending July 31
of the year preceding the year in which the crop is planted,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest in the
period; and
``(2) 85 percent of the simple average price received by
producers of extra long staple cotton, as determined by the
Secretary, during the 1994 through 1998 marketing years,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest in the
period.''.
(e) Rice.--Subsection (e) of such section is amended to read as
follows:
``(e) Rice.--The loan rate for a marketing assistance loan under
section 131 for rice shall be equal to the greater of--
``(1) 85 percent of the simple average price received by
producers of rice, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops of rice,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest in the
period; and
``(2) 85 percent of the simple average price received by
producers of rice, as determined by the Secretary, during the
1994 through 1998 marketing years, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period; and
``(3) $6.50 per hundredweight.''.
(f) Oilseeds.--Subsection (f) of such section is amended by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) Soybeans.--The loan rate for a marketing assistance
loan under section 131 for soybeans shall be equal to the
greater of--
``(A) 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of soybeans, excluding
the year in which the average price was the highest and
the year in which the average price was the lowest in
the period; and
``(B) 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the 1994 through 1998 marketing
years, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period.
``(2) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan under section 131 for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed, individually, shall be
equal to the greater of--
``(A) 85 percent of the simple average price
received by producers of such oilseed, as determined by
the Secretary, during the marketing years for the
immediately preceding 5 crops of such oilseed,
excluding the year in which the average price was the
highest and the year in which the average price was the
lowest in the period; and
``(B) 85 percent of the simple average price
received by producers of such oilseed, as determined by
the Secretary, during the 1994 through 1998 marketing
years, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest in the period.''.
SEC. 4. EXTENSION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extension.--The Secretary may extend the term of marketing
assistance loans made to producers under this subtitle for any loan
commodity for a 6-month period if the Secretary determines that the
extension will promote the orderly delivery of the loan commodity,
materially reduce program costs to the Government, or result in a
significant improvement in income for producers.''.
SEC. 5. REINSTATEMENT OF FARMER-OWNED RESERVE PROGRAM.
Section 171(b)(1) of the Agricultural Market Transition Act (7
U.S.C. 7301(b)(1)) is amended by striking subparagraph (E).
SEC. 6. STRATEGIC FOOD RESERVE OF LOAN COMMODITIES.
Subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231
et seq.) is amended by adding at the end the following new section:
``SEC. 138. STRATEGIC FOOD RESERVE.
``(a) Reserve Required.--The Secretary shall build a reserve stock
of a loan commodity whenever prices for that commodity fall below 75
percent of the loan rate for marketing assistance loans for that
commodity.
``(b) Methods of Acquisition.--Loan commodities for inclusion in
the reserve may be acquired--
``(1) through purchases--
``(A) from producers; or
``(B) in the market, if the Secretary determines
that the purchases will not unduly disrupt the market;
or
``(2) by designation by the Secretary of stocks of loan
commodities of the Commodity Credit Corporation.
``(c) Release of Eligible Commodities.--The Secretary may release
stocks of a loan commodity in the reserve only when there is such a
domestic shortage of the loan commodity that--
``(1) widespread concern exists about the supply of
affordable food for residents of the United States; and
``(2) prices for the commodity exceed 200 percent of the
loan rate for marketing assistance loans for the commodity.
``(d) Administration.--To the maximum extent practicable consistent
with the fulfillment of the purposes of this section and the effective
and efficient administration of this section, the Secretary shall use
the usual and customary channels, facilities, arrangements, and
practices of trade and commerce to release stocks of a loan commodity
maintained in the reserve. The Secretary shall administer the release
of stocks from the reserve so as to ensure that the prices received by
agricultural producers of that commodity are not depressed as a result
of the release.
``(e) Limitation on Total Quantity Acquired.--The Secretary may not
acquire for inclusion in the reserve more than 25 percent of the
average annual production of a loan commodity.
``(f) Management of Commodities.--The Secretary shall provide--
``(1) for the management of loan commodities in the
reserve, including the selection of storage locations; and
``(2) for the periodic rotation or replacement of stocks of
loan commodities in the reserve to avoid spoilage and
deterioration of the commodities.
``(g) Use of Commodity Credit Corporation.--The funds, facilities,
and authorities of the Commodity Credit Corporation shall be used by
the Secretary in carrying out this section, except that any restriction
applicable to the acquisition, storage, or disposition of commodities
owned or controlled by the Commodity Credit Corporation shall not
apply.''.
SEC. 7. IMPROVED DELIVERY OF FARM SERVICE AGENCY SERVICES AT LOCAL AND
AREA LEVEL.
(a) Transfer of Funds for Fiscal Year 1999.--To ensure the prompt
response of the Farm Service Agency during fiscal year 1999 to requests
submitted by producers, the Secretary of Agriculture may transfer to
the Farm Service Agency from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture an amount
equal to not more than 25 percent of the operating budget for that
fiscal year of local and area offices of the Farm Service Agency.
Amounts transferred under this subsection may be used only for
activities at local and area offices of the Farm Service Agency.
(b) Subsequent Years.--The Secretary of Agriculture shall include
in the materials submitted to Congress in support of the budget request
for the Department of Agriculture for each fiscal year a certification
that the amount requested for the operation of local and area offices
of the Farm Service Agency will be sufficient to meet the expected
needs of agricultural producers for services.
SEC. 8. TEMPORARY CONSERVATION RESERVE TO RESPOND TO DISEASE
INFESTATIONS.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.) is amended by inserting after section 1256 the following
new section:
``SEC. 1257. THREE-YEAR CONSERVATION RESERVE FOR DISEASED CROPLANDS.
``(a) Reserve Required.--Using the authority provided in subchapter
B, the Secretary shall formulate and carry out the enrollment of lands
described in subsection (b) in a conservation reserve program through
the use of contracts to assist owners and operators of such lands to
combat plant diseases that have devastated the lands.
``(b) Eligible Lands.--The Secretary shall include in the program
only those croplands that have been devastated by a plant disease for
which effective responses are reasonably anticipated within four years,
but are otherwise suitable for the production of crops or livestock.
``(c) Term of Contract.--A contract under this section shall have a
term of three years.''.
SEC. 9. SPECIAL CROP INSURANCE RULES FOR COUNTIES SUBJECT TO DISASTER
DECLARATION.
(a) Multi-Peril Crop Insurance.--For purposes of administering the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for producers
operating in a county described in subsection (c), the Secretary of
Agriculture may not--
(1) include the producer in any nonstandard classification
list on account of the inclusion of the county in a designated
disaster area; or
(2) determine, without the consent of the producer, the
actual production history of the producer using production
records of any crop year during which the county was included
in a designated disaster area.
(b) Exception.--Subsection (a) shall not apply to a disaster that
the Secretary of Agriculture determines is a reoccurring, frequent, and
well-known risk of farming in the locale, and the risks cannot
reasonably be expected to be controlled or eliminated by crop
protection efforts within a 7-year period.
(c) Covered Counties.--This section applies with respect to a
county that is included in whole or in part in a designated disaster
area.
(d) Designated Disaster Area Defined.--In this section, the term
``designated disaster area'' means an area--
(1) covered by a Presidential declaration of major disaster
issued under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) on account
of damaging weather or a related condition in the area; or
(2) determined to be a disaster area by the Secretary of
Agriculture under subpart A of part 1945 of title 7, Code of
Federal Regulations, on account of damaging weather or a
related condition in the area.
(e) Effective Date.--This section shall apply beginning with the
1999 crop year for each commodity that is grown in a covered county and
for which multi-peril crop insurance is generally available in the
United States.
SEC. 10. DOUBLING OF BUDGET AUTHORITY AND APPROPRIATIONS FOR DIRECT
LOAN, LOAN GUARANTEE, AND INTEREST RATE REDUCTION
PROGRAMS FOR FISCAL YEAR 1999.
(a) Budget Authority.--
(1) Direct loan and loan guarantee programs.--Section
346(b)(1)(D) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)(1)(D)) is amended by striking
``$3,325,000,000'', ``$585,000,000'', ``$85,000,000'',
``$500,000,000'', $2,740,000,000'', ``$690,000,000'', and
``$2,050,000,000'' and inserting ``$6,650,000'',
``$1,170,000,000'', ``$170,000,000'', ``$1,000,000,000'',
``$5,480,000,000'', ``$1,380,000,000'', and ``$4,100,000,000'',
respectively.
(2) Interest rate reduction program.--Section 351 of such
Act (7 U.S.C. 1999) is amended--
(A) in subsection (c), by striking ``4'' and
inserting ``8''; and
(B) in subsection (e)(2), by striking
``$490,000,000'' and inserting ``$980,000,000''.
(b) Appropriations.--Out of any money in the Treasury not otherwise
appropriated, there are appropriated for the fiscal year ending
September 30, 1999:
(1) For gross obligations for the principal amount of
direct and guaranteed loans as authorized by sections 308 and
309 of the Consolidated Farm and Rural Development Act, to be
available from funds in the Agricultural Credit Insurance Fund,
as follows:
(A) Farm ownership loans, $1,021,298,000, of which
$850,000,000 shall be for guaranteed loans.
(B) Operating loans, $3,576,756,000, of which
$1,985,812,000 shall be for unsubsidized guaranteed
loans and $470,000,000 shall be for subsidized
guaranteed loans.
(2) For the cost of direct and guaranteed loans, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows:
(A) Farm ownership loans, $39,160,000, of which
$13,516,000 shall be for guaranteed loans.
(B) Operating loans, $140,674,000, of which
$23,036,000 shall be for unsubsidized guaranteed loans
and $41,078,000 shall be for subsidized guaranteed
loans. | Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation.
(Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions.
(Sec. 5) Repeals the temporary suspension of the farmer owned reserve program.
(Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate.
(Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services.
(Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands.
(Sec. 9) Sets forth specified crop insurance rules for disaster- designated counties.
(Sec. 10) Amends the Consolidated Farm and Rural Development Act to increase FY 1999 budget authority and appropriations for direct loan, loan guarantee, and interest rate reduction programs. | {"src": "billsum_train", "title": "Emergency Agricultural Response Act of 1998"} | 4,155 | 317 | 0.651293 | 1.852855 | 0.679985 | 2.800712 | 13.142349 | 0.886121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microenterprise Act''.
SEC. 2. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
Section 108 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f)
is amended to read as follows:
``SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
``(a) Findings and Policy.--The Congress finds and declares that--
``(1) the development of micro- and small enterprise,
including cooperatives, is a vital factor in the stable growth
of developing countries and in the development and stability of
a free, open, and equitable international economic system;
``(2) it is, therefore, in the best interests of the United
States to assist the development of the private sector in
developing countries and to engage the United States private
sector in that process;
``(3) the support of private enterprise can be served by
programs providing credit, training, and technical assistance
for the benefit of micro- and small enterprises; and
``(4) programs that provide credit, training, and technical
assistance to private institutions can serve as a valuable
complement to grant assistance provided for the purpose of
benefiting micro- and small private enterprise.
``(b) Program.--To carry out the policy set forth in subsection
(a), the President is authorized to provide assistance to increase the
availability of credit to micro- and small enterprises lacking full
access to credit, including through--
``(1) loans and guarantees to credit institutions for the
purpose of expanding the availability of credit to micro- and
small enterprises;
``(2) training programs for lenders in order to enable them
to better meet the credit needs of micro- and small
entrepreneurs; and
``(3) training programs for micro- and small entrepreneurs
in order to enable them to make better use of credit and to
better manage their enterprises.''.
SEC. 3. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following new
section:
``SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
``(a) Authorization.--(1) In carrying out this part, the
Administrator of the United States Agency for International Development
is authorized to provide grant assistance for programs of credit and
other assistance for microenterprises in developing countries.
``(2) Assistance authorized under paragraph (1) shall be provided
through organizations that have a capacity to develop and implement
microenterprise programs, including particularly--
``(A) United States and indigenous private and voluntary
organizations;
``(B) United States and indigenous credit unions and
cooperative organizations; or
``(C) other indigenous governmental and nongovernmental
organizations.
``(3) Approximately one-half of the credit assistance authorized
under paragraph (1) shall be used for poverty lending programs,
including the poverty lending portion of mixed programs. Such
programs--
``(A) shall meet the needs of the very poor members of
society, particularly poor women; and
``(B) should provide loans of $300 or less in 1995 United
States dollars to such poor members of society.
``(4) The Administrator should continue support for mechanisms
that--
``(A) provide technical support for field missions;
``(B) strengthen the institutional development of the
intermediary organizations described in paragraph (2); and
``(C) share information relating to the provision of
assistance authorized under paragraph (1) between such field
missions and intermediary organizations.
``(b) Monitoring System.--In order to maximize the sustainable
development impact of the assistance authorized under subsection
(a)(1), the Administrator should establish a monitoring system that--
``(1) establishes performance goals for such assistance and
expresses such goals in an objective and quantifiable form, to
the extent feasible;
``(2) establishes performance indicators to be used in
measuring or assessing the achievement of the goals and
objectives of such assistance; and
``(3) provides a basis for recommendations for adjustments
to such assistance to enhance the sustainable development
impact of such assistance, particularly the impact of such
assistance on the very poor, particularly poor women.''.
Passed the House of Representatives July 29, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Microenterprise Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide certain assistance to increase the availability of credit to micro- and small enterprises lacking full access to credit. Authorizes the Administrator of the United States Agency for International Development (AID) to provide grant assistance for programs of credit and other assistance for microenterprises in developing countries. Urges the Administrator to establish a monitoring system that establishes performance goals for such assistance. | {"src": "billsum_train", "title": "Microenterprise Act"} | 966 | 101 | 0.629975 | 1.538021 | 0.963861 | 5.357143 | 10.940476 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Charity Reform Act''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--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 the qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $500 ($1,000 in the case of a joint
return under section 6013).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization which is described in section 501(c)(3) and exempt
from tax under section 501(a), and--
``(A) which, upon request by the organization, is
certified by the Secretary as meeting the requirements
of paragraphs (2) and (3), or
``(B)(i) which is organized to solicit and collect
gifts and grants which, by agreement, are distributed
to qualified charities described in subparagraph (A),
``(ii) with respect to which at least 85 percent of
the funds so collected are distributed to qualified
charities described in subparagraph (A), and
``(iii) which meets the requirements of paragraph
(5).
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the Secretary reasonably expects that the predominant activity
of such organization will be the providing of services to
individuals and families which are designed to prevent or
alleviate poverty among such individuals and families.
``(3) Minimum expense requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual poverty program
expenses of such organization will not be less than 70
percent of the annual aggregate expenses of such
organization.
``(B) Poverty program expense.--For purposes of
subparagraph (A)--
``(i) In general.--The term `poverty
program expense' means any expense in providing
program services referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any management or general
expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for a legal
service provided on behalf of any
individual referred to in paragraph
(2).
``(4) Election to treat poverty programs as separate
organization.--
``(A) In general.--An organization may elect to
treat one or more programs operated by it as a separate
organization for purposes of this section.
``(B) Effect of election.--If an organization
elects the application of this paragraph, the
organization, in accordance with regulations, shall--
``(i) maintain separate accounting for
revenues and expenses of programs with respect
to which the election was made,
``(ii) ensure that contributions to which
this section applies be used only for such
programs, and
``(iii) provide for the proportional
allocation of management, general, and
fundraising expenses to such programs to the
extent not allocable to a specific program.
``(C) Reporting requirements.--An organization
shall not be required to file any return under section
6033 with respect to any programs treated as a separate
organization under this paragraph, except that if the
organization is otherwise required to file such a
return, such organization shall include on such return
the percentages described in the last sentence of
section 6033(b) which are determined with respect to
such separate organization.
``(5) Additional requirements for solicitation
organizations.--The requirements of this paragraph are met if
the organization--
``(A) maintains separate accounting for revenues
and expenses, and
``(B) makes available to the public its
administrative and fundraising costs and information as
to the organizations receiving funds from it and the
amount of such funds.
``(e) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.''
(b) Returns.--
(1) Qualified charities required to provide copies of
annual return.--Subsection (e) of section 6104 of such Code
(relating to public inspection of certain annual returns and
applications for exemption) is amended by adding at the end the
following new paragraph:
``(3) Qualified charities required to provide copies of
annual return.--
``(A) In general.--Every qualified charity (as
defined in section 23(d)) shall, upon request of an
individual made at an office where such organization's
annual return filed under section 6033 is required
under paragraph (1) to be available for inspection,
provide a copy of such return to such individual
without charge other than a reasonable fee for any
reproduction and mailing costs. If the request is made
in person, such copies shall be provided immediately
and, if made other than in person, shall be provided
within 30 days.
``(B) Period of availability.--Subparagraph (A)
shall apply only during the 3-year period beginning on
the filing date (as defined in paragraph (1)(D) of the
return requested).''
(2) Additional information.--Section 6033(b) of such Code
is amended by adding at the end the following new flush
sentence:
``Each qualified charity (as defined in section 23(d)) to which this
subsection otherwise applies shall also furnish each of the percentages
determined by dividing the following categories of the organization's
expenses for the year by its total expenses for the year: program
services; management and general; fundraising; and payments to
affiliates.''
(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 22 the following new item:
``Sec. 23. Credit for certain charitable
contributions.''
(d) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date.
SEC. 3. DEDUCTION FOR 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 deductions for the taxable
year, the amount allowable under subsection (a) for the taxable year
shall be taken into account as a direct charitable deduction under
section 63.''
(b) Direct Charitable Deduction.--
(1) In general.--Subsection (b) 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 thereof the following new
paragraph:
``(3) the deduction for charitable contributions under
section 170(m).''
(2) 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 deduction for charitable contributions under
section 170(m).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. CHARITABLE CONTRIBUTION DEDUCTION NOT SUBJECT TO OVERALL
LIMITATION ON ITEMIZED DEDUCTIONS.
(a) In General.--Subsection (c) of section 68 of the Internal
Revenue Code of 1986 (relating to overall limitation on itemized
deductions) 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 thereof the following new paragraph:
``(4) the deduction under section 170 (relating to
charitable, etc., contributions and gifts).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1995.
SEC. 5. CHARITABLE CONTRIBUTIONS MADE BEFORE FILING OF RETURN.
(a) In General.--Subsection (a) of section 170 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Time when contributions deemed made.--The taxpayer
may elect to treat any charitable contribution which is made
not later than the time prescribed by law for filing the return
for the taxable year (not including extensions thereof) as
being made on the last day of such taxable year. Such an
election, once made, shall be irrevocable.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 6. FINANCIAL ACCOUNTABILITY REPORTING REQUIREMENT FOR GOVERNMENTAL
POVERTY AND WELFARE PROGRAMS.
(a) In General.--Each applicable welfare program shall publish in
the Federal Register and other publications generally available to the
public within a reasonable period of time following the end of a fiscal
year the following information for the fiscal year:
(1) Information required to be included on a return under
section 6033 of the Internal Revenue Code of 1986 by an
organization described in section 501(c)(3) of such Code,
including expenses for program services, administrative and
general costs, and fundraising.
(2) The percentages determined by dividing the following
categories of the program's expenses for the year by its total
expenses for the year: program services; management and
general; and fundraising.
(b) Additional Availability.--Each applicable welfare program shall
make the information described in subsection (a) available at its
principal office and at any of its regional or district offices. Upon
request of an individual made at any such office, the program shall
provide a copy of the information to such individual without charge
other than a reasonable fee for any reproduction and mailing costs.
Such request shall be met within 30 days (or immediately if made in
person).
(c) Applicable Welfare Program.--For purposes of this section, an
applicable welfare program is a Federal, State, or local welfare or
public assistance program for which Federal funds are appropriated.
SEC. 7. STANDARDS FOR DETERMINING SUCCESS OF GOVERNMENTAL WELFARE
PROGRAMS.
(a) In General.--The Comptroller General of the United States shall
conduct a study with respect to applicable welfare programs to develop
standards to determine--
(1) whether such programs meet the needs for which the
programs were established, and
(2) if such programs meet such needs, whether they do so in
a cost-effective manner.
For purposes of this subsection, the term ``applicable welfare
program'' has the meaning given such term by section 6(c).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall report
to the Congress the results of the study conducted under subsection
(a), including the standards described therein. | Comprehensive Charity Reform Act - Amends the Internal Revenue Code to allow an individual a tax credit not exceeding $500 ($1,000 for a joint return) for qualified charitable contributions paid to certain private charities providing assistance to the poor. Sets forth provisions providing for the coordination of the credit with deductions allowable for charitable contributions. Allows an individual who does not itemize deductions for the taxable year a direct charitable deduction in the amount allowable for qualified charitable organizations. Exempts the charitable contribution deduction from the overall limitation on itemized deductions. Allows the taxpayer to elect to treat any charitable contribution made before the time prescribed by law for filing of the return for the taxable year (not including extensions) as being made on the last day of such taxable year and makes such an election irrevocable. | {"src": "billsum_train", "title": "Comprehensive Charity Reform Act"} | 2,886 | 170 | 0.584291 | 1.388484 | 0.784399 | 3.861842 | 17.243421 | 0.914474 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicaid and CHIP
Safety Net Preservation Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes; rule of construction.
Sec. 3. Clarification that Section 1115 authority does not permit a cap
on Federal financial participation.
Sec. 4. Clarification that section 1115 authority does not permit
elimination of, or modification limiting,
individual entitlement.
Sec. 5. Clarification that section 1115 authority does not permit
elimination or modification of requirements
relating to EPSDT services.
Sec. 6. Clarification that section 1115 authority does not permit
elimination or modification of requirements
relating to certain safety-net services.
Sec. 7. Improvement of the process for the development and approval of
medicaid and CHIP demonstration projects.
Sec. 8. Effective date.
SEC. 2. FINDINGS; PURPOSES; RULE OF CONSTRUCTION.
(a) Findings.--Congress makes the following findings:
(1) Certain requirements of titles XIX and XXI of the
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.)
are central to the overall objectives of the medicaid and State
children's health insurance programs and are not properly
subject to waiver, modification, or disregard under the
authority of section 1115 of the Social Security Act (42 U.S.C.
1315).
(2) Some of the requirements of titles XIX and XXI of the
Social Security Act that promote the overall objectives of the
medicaid and State children's health insurance programs have
been waived, modified, or otherwise disregarded by the
Secretary of Health and Human Services under such section 1115,
despite the explicit requirement in that section that certain
requirements of the medicaid and State children's health
insurance programs only may be waived, modified, or disregarded
for the purpose of approving an experimental, pilot, or
demonstration project if the waiver, modification, or disregard
``is likely to assist in promoting the objectives'' of those
programs.
(b) Purposes.--The purposes of this Act are the following:
(1) To clarify that certain requirements of titles XIX and
XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa
et seq.), which are among those critical to achieving the
objectives of the medicaid and State children's health
insurance programs, may not be waived, modified, or otherwise
disregarded by the Secretary of Health and Human Services under
the authority of section 1115 of the Social Security Act (42
U.S.C. 1315).
(2) To ensure that the authority granted to the Secretary
of Health and Human Services under section 1115 of the Social
Security Act (42 U.S.C. 1315) with respect to the medicaid and
State children's health insurance programs for the purpose of
approving experimental, pilot, or demonstration projects is not
used inappropriately.
(c) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to--
(1) authorize the waiver, modification, or other disregard
of any provision of title XIX or XXI of the Social Security Act
(42 U.S.C. 1396 et seq., 1397aa et seq.); or
(2) imply congressional approval of any demonstration
project affecting the medicaid program under title XIX of the
Social Security Act or the State children's health insurance
program under title XXI of such Act that has been approved by
the Secretary of Health and Human Services as of the date of
enactment of this Act.
SEC. 3. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT A CAP
ON FEDERAL FINANCIAL PARTICIPATION.
Title XIX of the Social Security Act is amended by inserting after
section 1925 the following:
``clarifications of authority under section 1115
``Sec. 1926. (a) Clarification That Section 1115 Authority Does not
Permit a Cap on Federal Financial Participation.--The Secretary may not
impose or approve under the authority of section 1115 a cap,
limitation, or other restriction on payment under section 1903(a) to a
State for amounts expended as medical assistance in accordance with the
requirements of this title.''.
SEC. 4. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT
ELIMINATION OF, OR MODIFICATION LIMITING, INDIVIDUAL
ENTITLEMENT.
Section 1926 of the Social Security Act, as added by section 3, is
amended by adding at the end the following:
``(b) Clarification That Section 1115 Authority Does not Permit
Elimination of, or Modification Limiting, Individual Entitlement.--The
Secretary may not approve or impose under the authority of section 1115
an elimination of, or modification limiting, the entitlement
(established under section 1902(a), 1905(a), or otherwise) of an
individual to receive any medical assistance for which Federal
financial participation is claimed under this title.''.
SEC. 5. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT
ELIMINATION OR MODIFICATION OF REQUIREMENTS RELATING TO
EPSDT SERVICES.
Section 1926 of the Social Security Act, as added by section 3 and
amended by section 4, is amended by adding at the end the following:
``(c) Clarification That Section 1115 Authority Does not Permit
Elimination or Modification of Requirements Relating to EPSDT
Services.--The Secretary may not impose or approve under the authority
of section 1115 an elimination or modification of the amount, duration,
or scope of the services described in section 1905(a)(4)(B) (relating
to early and periodic screening, diagnostic, and treatment services (as
defined in section 1905(r))) or of the requirements of subparagraphs
(A) through (C) of section 1902(a)(43).''.
SEC. 6. CLARIFICATION THAT SECTION 1115 AUTHORITY DOES NOT PERMIT
ELIMINATION OR MODIFICATION OF REQUIREMENTS RELATING TO
CERTAIN SAFETY-NET SERVICES.
Section 1926 of the Social Security Act, as added by section 3 and
amended by sections 4 and 5, is amended by adding at the end the
following:
``(d) Clarification That Section 1115 Authority Does not Permit
Elimination or Modification of Requirements Relating to Certain Safety-
Net Services.--The Secretary may not impose or approve under the
authority of section 1115 an elimination or modification of the amount,
duration, or scope of the services described in subparagraphs (B) and
(C) of section 1905(a)(2) (relating to services provided by a rural
health clinic (as defined in section 1905(l)(1)) and services provided
by a Federally-qualified health center (as defined in section
1905(l)(2))) or of the requirements of section 1902(bb) (relating to
payment for such services).''.
SEC. 7. IMPROVEMENT OF THE PROCESS FOR THE DEVELOPMENT AND APPROVAL OF
MEDICAID AND CHIP DEMONSTRATION PROJECTS.
Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended
by inserting after subsection (c) the following:
``(d) In the case of any experimental, pilot, or demonstration
project under subsection (a) to assist in promoting the objectives of
title XIX or XXI in a State that would result in a substantive change
in eligibility, enrollment, benefits, financing, or cost-sharing (to
the extent permitted under section 1916(f)) with respect to a State
program under title XIX or XXI (in this subsection referred to as a
`demonstration project') the following shall apply:
``(1) The Secretary may not approve a proposal for a
demonstration project, or for an amendment of a demonstration
project, submitted by a State on or after the date of enactment
of this subsection, unless the State requesting approval
certifies that the State provided reasonable public notice and
a reasonable opportunity for receipt and consideration of
public comment on the proposal prior to submission of the
proposal to the Secretary. Such notice shall include--
``(A) the proposal;
``(B) the methodologies underlying the proposal;
``(C) the justifications for the proposal;
``(D) the State's projections regarding the likely
effect and impact of the proposal on individuals
eligible for assistance and providers or suppliers of
items or services under title XIX or XXI (including
under any demonstration project conducted in
conjunction with either of those titles); and
``(E) the State's assumptions on which the
projections described in subparagraph (D) are based.
``(2) With respect to any proposal for a demonstration
project, or for an amendment or extension of a demonstration
project, which has not been approved or disapproved by the
Secretary as of the date of enactment of this subsection, the
Secretary shall--
``(A) provide public notice in the Federal Register
and on the Internet website of the Centers for Medicare
Medicaid Services of the proposal, any revisions of the
proposal, and any conditions for the financing or
approval of the proposal;
``(B) provide adequate opportunity for public
comment on the proposal, any revisions of the proposal,
and any such conditions;
``(C) approve such proposal, any revisions of the
proposal, and any such conditions only if, after
consideration of the public comments received, the
Secretary determines that the proposal, any revisions
of the proposal, and any such conditions are likely to
assist in promoting the objectives of title XIX or XXI
and identifies in writing the basis for such
determination; and
``(D) publish on such website all documentation
relating to the proposal (including the written
determination required under subparagraph (C)), any
revisions of the proposal, and any such conditions,
including if the proposal, any revisions of the
proposal, and any such conditions are approved--
``(i) the final terms and conditions for
the demonstration project; and
``(ii) a list identifying each provision of
title XIX or XXI, and each regulation relating
to either such title, with which compliance is
waived, modified, or otherwise disregarded or
for which costs that would otherwise not be
permitted under such title will be allowed.''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by sections 3 through 6 shall apply to the approval on
or after the date of enactment of this Act of--
(1) a waiver, experimental, pilot, or demonstration project
under section 1115 of the Social Security Act (42 U.S.C. 1315);
and
(2) an amendment or extension of such a project.
(b) Exception.--The amendment made by section 5 shall not apply
with respect to any extension of approval of a waiver, experimental,
pilot, or demonstration project with respect to title XIX of the Social
Security Act that was first approved before 1994 and that provides a
comprehensive and preventive child health program under such project
that includes screening, diagnosis, and treatment of children who have
not attained age 21. | Medicaid and CHIP Safety Net Preservation Act of 2004 - Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to the authority of the Secretary of Health and Human Services to: (1) conduct research and demonstration projects under several programs, including Medicaid and SCHIP (State Children's Health Insurance) under SSA title XXI; and (2) waive certain statutory requirements for conducting these projects without congressional review.
Prohibits the Secretary from imposing or approving under such authority: (1) a cap, limitation, or other restriction on payment to a State for amounts expended as medical assistance under the Medicaid program; (2) an elimination of, or modification limiting, the entitlement of an individual to receive any medical assistance for which Federal financial participation is claimed under Medicaid; (3) an elimination or modification of the amount, duration, or scope of early and periodic screening, diagnostic, and treatment services; or (4) an elimination or modification of the amount, duration, or scope of certain safety-net services, including those of a rural health clinic and a federally-qualified health center.
Amends SSA title XI to establish public notice and comment requirements for States and the Secretary with respect to any State proposal for an experimental, pilot, or demonstration project (or project modification) to assist in promoting Medicaid or SCHIP objectives that would result in a substantive change in eligibility, enrollment, benefits, financing, or cost-sharing under a State program. | {"src": "billsum_train", "title": "To amend titles XIX and XXI of the Social Security Act to clarify and ensure that the authority granted to the Secretary of Health and Human Services under section 1115 of that Act is used solely to promote the objectives of the Medicaid and State children's health insurance programs, and for other purposes."} | 2,616 | 316 | 0.563585 | 1.802993 | 0.69539 | 4.493056 | 7.784722 | 0.923611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Paperwork Reduction and
Fraud Prevention Act of 2009''.
SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS
SIMPLIFICATION.
(a) Establishment.--There is hereby established the Commission on
Health Care Billing Codes and Forms Simplification (in this section
referred to as the ``Commission'').
(b) Duties.--The Commission shall make recommendations regarding
the following:
(1) Standardized and simplified forms.--Standardizing and
simplifying credentialing and billing forms respecting health
care claims, that all Federal Government agencies would use and
that the private sector is able (and is encouraged, but not
required) to use.
(2) Reduction in billing codes.--A significant reduction
and simplification in the number of billing codes for health
care claims.
(3) Regulatory and appeals process reform.--Reforms in the
regulatory and appeals processes under the Medicare program
under title XVIII of the Social Security Act in order to ensure
that the Secretary of Health and Human Services provides
appropriate guidance to suppliers and providers of services (as
such terms are defined in subsections (d) and (u),
respectively, of section 1861 of such Act), including
physicians and providers and suppliers of ambulance services,
that are attempting to properly submit claims under the
Medicare program and to ensure that the Secretary does not
target inadvertent billing errors.
(4) Electronic forms and payments.--Simplifying and
updating electronic forms of the Centers for Medicare &
Medicaid Services to ensure simplicity as well as patient
privacy.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 17 members, of whom--
(A) four shall be appointed by the President;
(B) six shall be appointed by the majority leader
of the Senate, in consultation with the minority leader
of the Senate, of whom not more than 4 shall be of the
same political party;
(C) six shall be appointed by the Speaker of the
House of Representatives, in consultation with the
minority leader of the House of Representatives, of
whom not more than 4 shall be of the same political
party; and
(D) one, who shall serve as Chairman of the
Commission, shall be appointed jointly by the
President, majority leader of the Senate, and the
Speaker of the House of Representatives.
(2) Appointment.--Members of the Commission shall be
appointed by not later than 90 days after the date of the
enactment of this Act.
(d) Incorporation of Bipartisan Commission Provisions.--The
provisions of paragraphs (3) through (8) of subsection (c) and
subsections (d), (e), and (h) of section 4021 of the Balanced Budget
Act of 1997 shall apply to the Commission under this section in the
same manner as they applied to the National Bipartisan Commission on
the Future of Medicare under such section.
(e) Report.--Not later than December 31, 2009, the Commission shall
submit to the President and Congress a report which shall contain a
detailed statement of only those recommendations, findings, and
conclusions of the Commission that receive the approval of at least 11
members of the Commission.
(f) Termination.--The Commission shall terminate 30 days after the
date of submission of the report required in subsection (e).
SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE
PROGRAM PAYMENTS.
(a) Written Requests.--
(1) In general.--The Secretary of Health and Human Services
shall establish a process under which a physician may request,
in writing from a carrier, assistance in addressing
questionable codes and procedures under the Medicare program
under title XVIII of the Social Security Act and then the
carrier shall respond in writing within 30 business days with
the correct billing or procedural answer.
(2) Use of written statement.--
(A) In general.--Subject to subparagraph (B), a
written statement under paragraph (1) may be used as
proof against a future audit or overpayment under the
Medicare program.
(B) Limit on application.--Subparagraph (A) shall
not apply retroactively and shall not apply to cases of
fraudulent billing.
(b) Restoration of Toll-Free Hotline.--
(1) In general.--The Administrator of the Centers for
Medicare & Medicaid Services shall restore the toll-free
telephone hotline previously maintained by the Centers for
Medicare & Medicaid Services so that physicians may call for
information and questions about the Medicare program.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(c) Definitions.--For purposes of this section:
(1) Physician.--The term ``physician'' has the meaning
given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).
(2) Carrier.--The term ``carrier'' means a carrier (as
defined in section 1842(f) of the Social Security Act (42
U.S.C. 1395u(f))) with a contract under title XVIII of such Act
to administer benefits under part B of such title.
SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE
PROGRAM.
(a) In General.--The Administrator of the Centers for Medicare &
Medicaid Services may not implement any new evaluation and management
guidelines (in this section referred to as ``E&M guidelines'') under
the Medicare program, unless the Administrator--
(1) has provided for an assessment of the proposed
guidelines by physicians;
(2) has established a plan that contains specific goals,
including a schedule, for improving participation of physicians
in the assessment described in paragraph (1);
(3) has carried out a minimum of 4 pilot projects
consistent with subsection (b) in at least 4 different regions
(to be specified by the Secretary) to test such guidelines; and
(4) finds that the objectives described in subsection (c)
will be met in the implementation of such guidelines.
(b) Pilot Projects.--
(1) Length and consultation.--Each pilot project under this
subsection shall--
(A) be of sufficient length to allow for
preparatory physician and carrier education, analysis,
and use and assessment of potential E&M guidelines; and
(B) be conducted, throughout the planning and
operational stages of the project, in consultation with
national and State medical societies.
(2) Peer review and rural pilot projects.--Of the pilot
projects conducted under this subsection--
(A) at least one shall focus on a peer review
method by physicians which evaluates medical record
information for statistical outlier services relative
to definitions and guidelines published in the most
recent Current Procedural Terminology book, instead of
an approach using the review of randomly selected
medical records using non-clinical personnel; and
(B) at least one shall be conducted for services
furnished in a rural area.
(3) Study of impact.--Each pilot project shall examine the
effect of the potential E&M guidelines on--
(A) different types of physician practices, such as
large and small groups; and
(B) the costs of compliance, and patient and
physician satisfaction.
(4) Report on how met objectives.--Not later than 6 months
after the date of the conclusion of all of the pilot projects
under this subsection, the Administrator of the Centers for
Medicare & Medicaid Services shall submit a report to the
Committees on Commerce and Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and
the Practicing Physicians Advisory Council, on such pilot
projects. Such report shall include the extent to which the
pilot projects met the objectives specified in subsection (c).
(c) Objectives for E&M Guidelines.--The objectives for E&M
guidelines specified in this subsection are as follows (relative to the
E&M guidelines and review policies in effect as of the date of the
enactment of this Act):
(1) Enhancing clinically relevant documentation needed to
accurately code and assess coding levels accurately.
(2) Reducing administrative burdens.
(3) Decreasing the level of non-clinically pertinent and
burdensome documentation time and content in the record.
(4) Increased accuracy by carrier reviewers.
(5) Education of both physicians and reviewers.
(6) Appropriate use of evaluation and management codes by
physicians and their staffs.
(7) The extent to which the tested evaluation and
management documentation guidelines substantially adhere to the
CPT coding rules.
(8) Simplifying electronic billing.
(d) Definitions.--For purposes of this section and section 5:
(1) Physician.--The term ``physician'' has the meaning
given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).
(2) Carrier.--The term ``carrier'' means a carrier (as
defined in section 1842(f) of the Social Security Act (42
U.S.C. 1395u(f))) with a contract under title XVIII of such Act
to administer benefits under part B of such title.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act.
SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM.
(a) Individualized Notice.--If a carrier proceeds with a post-
payment audit of a physician under the Medicare program, the carrier
shall provide the physician with an individualized notice of billing
problems, such as a personal visit or carrier-to-physician telephone
conversation during normal working hours, within 3 months of initiating
such audit. The notice should include suggestions to the physician on
how the billing problem may be remedied.
(b) Repayment of Overpayments Without Penalty.--The Secretary of
Health and Human Services shall permit a physician to repay Medicare
overpayments made to such physician without penalty or interest and
without threat of denial of other claims based upon extrapolation, if
such repayment is made not later than 3 months after such physician
receives notification of such overpayment and if such overpayment was
not determined by a final adverse action to be the result of fraudulent
billing. If a physician should discover an overpayment before a carrier
notifies the physician of the error, the physician may reimburse the
Medicare program without penalty and the Secretary may not audit or
target the physician on the basis of such repayment, unless other
evidence of fraudulent billing exists.
(c) Treatment of First-Time Billing Errors.--If a physician's
Medicare billing error was a first-time error and the physician has not
previously been the subject of a post-payment audit, the carrier may
not assess a fine through extrapolation of such an error to other
claims, unless the physician has submitted a fraudulent claim.
(d) Timely Notice of Problem Claims Before Using Extrapolation.--A
carrier may seek reimbursement or penalties against a physician based
on extrapolation of a Medicare claim only if the carrier has informed
the physician of potential problems with the claim not later than one
year after the date the claim was submitted for reimbursement.
(e) Submission of Additional Information.--A physician may submit
additional information and documentation to dispute a carrier's charges
of overpayment without waiving the physician's right to a hearing by an
administrative law judge.
(f) Limitation on Delay in Payment.--Following a post-payment
audit, a carrier that is conducting a pre-payment screen on a physician
service under the Medicare program may not delay reimbursements for
more than one month and as soon as the physician submits a corrected
claim, the carrier shall eliminate application of such a pre-payment
screen. | Health Care Paperwork Reduction and Fraud Prevention Act of 2009 - Establishes the Commission on Health Care Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy.
Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program.
Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program.
Prohibits the Administrator from implementing any new evaluation and management (E&M) guidelines under the Medicare program unless the Administrator: (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule for improving participation of physicians in such assessment; (3) has carried out a minimum of four pilot projects in at least four different regions to test E&M guidelines; and (4) finds that specified objectives will be met in the implementation of such guidelines.
Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new E&M guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to Medicare overpayments. | {"src": "billsum_train", "title": "To reduce the amount of paperwork and improve payment policies for health care services, to prevent fraud and abuse through health care provider education, and for other purposes."} | 2,645 | 358 | 0.582988 | 1.856209 | 0.797957 | 4.697531 | 7.253086 | 0.95679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Metadata Reform Act''.
SEC. 2. SEARCHES OF BULK CALLER DATA.
(a) In General.--Title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 et seq.) is amended--
(1) in section 501--
(A) in subsection (a)(1), by striking ``other
items'' and inserting ``other items, but not including
call data records''; and
(B) in subsection (e), by inserting ``or section
502'' after ``this section'';
(2) by redesignating section 502 as section 503;
(3) by inserting after section 501 the following new
section:
``SEC. 502. ACCESS TO CERTAIN CALL DATA RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
``(a) In General.--
``(1) Application.--The Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may make an
application for an order directing a telecommunications carrier
to search the call data records of such telecommunication
carrier using a call data record as the basis of such search
and to produce the results of such search in a format specified
by the Director or such designee to the Director or such
designee not later than 12 hours after being directed to do so.
Each application under this paragraph shall--
``(A) be made to a judge described in section
501(b)(1);
``(B) specify each telecommunications carrier that
the applicant requests be directed to search call data
records and produce the results of such search; and
``(C) include a statement of facts showing that
there is a reasonable suspicion, based on specific and
articulable facts, that the call data record to be used
as the basis for the search is associated with a
specific foreign terrorist organization, a specific
clandestine intelligence activity, or specific foreign
intelligence not concerning a United States person.
``(2) Order.--
``(A) Review of application.--Upon an application
made pursuant to paragraph (1), if the judge finds that
the application meets the requirements of such
paragraph, the judge shall enter an ex parte order as
requested, or as modified, approving the application.
``(B) Presumption.--In reviewing an application
under subparagraph (A), a judge shall consider a call
data record presumptively associated with a specific
foreign terrorist organization, a specific clandestine
intelligence activity, or specific foreign intelligence
not concerning a United States person if the applicant
shows in the statement of the facts that such call data
record pertains to--
``(i) a foreign power or an agent of a
foreign power;
``(ii) the activities of a suspected agent
of a foreign power who is the subject of such
authorized investigation; or
``(iii) an individual in contact with, or
known to, a suspected agent of a foreign power
who is the subject of such authorized
investigation.
``(b) Exigent Circumstances.--
``(1) Emergency directive.--The Director of the Federal
Bureau of Investigation or a designee of the Director (whose
rank shall be no lower than Assistant Special Agent in Charge)
may direct a telecommunications carrier to search the call data
records of such telecommunication carrier using a call data
record as the basis of such search and to produce the results
of such search in a format specified by the Director or such
designee to the Director or such designee not later than 6
hours after being directed to do so if--
``(A) the Director or such designee determines that
the records sought are required due to exigent
circumstances and that obtaining an order in accordance
with subsection (a) would substantially delay an
investigation;
``(B) the Director or such designee notifies a
judge described in section 501(b)(1) not later than 24
hours after the Director or such designee exercises the
authority under this subsection that the Director or
such designee exercised such authority; and
``(C) an application for an order under subsection
(a) with respect to the search and production of call
data records conducted under such directive is made to
such judge as soon as practicable, but not more than 5
days after the date on which the Director or such
designee exercises the authority under this subsection.
``(2) Use of information.--If an application for an order
requiring the search and production of the call data records
acquired under an emergency directive issued under paragraph
(1) is denied, or in any other case where the search and
production of call data records pursuant to a directive issued
under paragraph (1) is terminated and no order under this
section is issued approving the search and production of such
call data records--
``(A) such call data records shall be destroyed;
``(B) any call data records acquired pursuant to a
subsequent search under subsection (c) based on the
call data records obtained under such directive shall
be destroyed;
``(C) no information obtained or evidence derived
from the search and production of call data records
under such directive or from such subsequent search
shall be received in evidence or otherwise disclosed in
any trial, hearing, or other proceeding in or before
any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other
authority of the United States, a State, or political
subdivision thereof; and
``(D) no information concerning any United States
person acquired from such search and production of call
records shall subsequently be used or disclosed in any
other manner by Federal officers or employees without
the consent of such person.
``(3) Enforcement.--
``(A) Order to compel.--If a telecommunications
carrier fails to comply with a directive issued
pursuant to paragraph (1), the Attorney General may
file a petition for an order to compel the
telecommunications carrier to comply with the directive
with a judge described in section 501(b)(1).
``(B) Review.--If a judge considering a petition
submitted under subparagraph (A) finds that the
directive meets the requirements of this section and is
otherwise lawful, the judge shall issue an order
requiring the telecommunications carrier to comply with
such directive.
``(C) Contempt of court.--Failure to obey an order
issued under this paragraph may be punished by the
judge as contempt of court.
``(D) Process.--Any process under this paragraph
may be served in any judicial district in which the
telecommunications carrier may be found.
``(c) Subsequent Search Using Results of Initial Search.--The
Director of the Federal Bureau of Investigation or a designee of the
Director (whose rank shall be no lower than Assistant Special Agent in
Charge) may require a telecommunications carrier to conduct a search of
the call data records of that telecommunications carrier using the
results of a search conducted pursuant to an order under subsection (a)
or a directive under subsection (b) as the basis for the search under
this paragraph and to produce the results of such search under this
paragraph in a format specified by the Director of such designee to the
Director or such designee not later than 12 hours after being directed
to do so.
``(d) Nondisclosure.--
``(1) In general.--No person shall disclose to any other
person that the Federal Bureau of Investigation has sought or
obtained call data records pursuant to an order or directive
under this section other than to--
``(A) those persons to whom disclosure is necessary
to comply with such order or such directive;
``(B) an attorney to obtain legal advice or
assistance with respect to the search and production of
call data records in response to such order or such
directive; or
``(C) other persons as permitted by the Director of
the Federal Bureau of Investigation or the designee of
the Director.
``(2) Persons to whom an order is disclosed.--
``(A) Applicability of nondisclosure requirement.--
A person to whom disclosure is made pursuant to
paragraph (1) shall be subject to the nondisclosure
requirements applicable to a person to whom an order is
directed under this section in the same manner as such
person.
``(B) Sharing of information on nondisclosure
requirement.--Any person who discloses to a person
described in subparagraph (A), (B), or (C) of paragraph
(1) that the Federal Bureau of Investigation has sought
or obtained call data records pursuant to an order
under this section shall notify such person of the
nondisclosure requirements of this paragraph.
``(e) Limitation on Retention of Information Related to United
States Persons.--The Federal Government may not retain call data
records obtained pursuant to an order under subsection (a), a directive
under subsection (b), or a subsequent search under subsection (c) for a
period of more than 5 years if such records contain call data records
pertaining to, or reasonably believed to pertain to, a United States
person--
``(1) unless upon application to a judge described in
section 501(b)(1) showing probable cause that such records are
evidence of a crime which has been, is being, or is about to be
committed and that is to be retained or disseminated for law
enforcement purposes and such judge finds such probable cause
exists; or
``(2) except to the extent any portion of such records is
lawfully used as part of a finished intelligence product.
``(f) Compensation.--The Government shall compensate, at the
prevailing rate, a telecommunications carrier for providing call data
records under this section.
``(g) Technical Assistance.--The Government may provide appropriate
technical assistance to a telecommunications carrier to allow such
telecommunications carrier to comply expeditiously with an order or
directive under this section.
``(h) Report.--The Director of the Federal Bureau of Investigation
shall annually submit to Congress and make publicly available a report
relating to searches conducted pursuant to this section during the
immediately preceding year. Such report shall include--
``(1) the total number of searches conducted during such
year;
``(2) the number of searches of United States telephone
numbers (or telephone numbers reasonably believed to belong to
a United States person) conducted during such year;
``(3) the total number of phone numbers that resulted from
searches conducted during such year;
``(4) the number of United States telephone numbers, or
telephone numbers reasonably believed to belong to a United
States person, that resulted from such searches;
``(5) the number of times the Director or a designee of the
Director exercised the authority under subsection (b) to issue
a directive due to exigent circumstances; and
``(6) the number of times a court rejected an application
made in accordance with subsection (b)(1)(C) and required the
destruction of call data records produced pursuant to
subsection (b)(1).
``(i) Definitions.--In this section:
``(1) Covered authorized investigation.--The term `covered
authorized investigation'--
``(A) means an authorized investigation (other than
a threat assessment) conducted to obtain foreign
intelligence information not concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation; and
``(B) does not include an investigation of a United
States person conducted solely upon the basis of
activities protected by the first amendment to the
Constitution.
``(2) Telecommunications carrier.--The term
`telecommunications carrier' has the meaning given the term in
section 102 of the Communications Assistance for Law
Enforcement Act (47 U.S.C. 1001).''; and
(4) by adding at the end the following new section:
``SEC. 504. DEFINITIONS.
``In this title:
``(1) Agent of a foreign power; foreign intelligence
information; foreign power; international terrorism.--The terms
`agent of a foreign power', `foreign intelligence information',
`foreign power', and `international terrorism' have the
meanings given such terms in section 101.
``(2) Call data record.--The term `call data record' means
communications routing information, including an original or
terminating telephone number, an International Mobile
Subscriber Identity, an International Mobile Station Equipment
Identity, a trunk identifier, a telephone calling card number,
the time or duration of a call, or original or terminating
text-message numerical information.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 note) is amended by striking the item relating to section
502 and inserting the following new items:
``Sec. 502. Access to certain call data records for foreign
intelligence and international terrorism
investigations.
``Sec. 503. Congressional oversight.
``Sec. 504. Definitions.''.
(c) Effective Date of Limitation on Acquisition of Telephone
Metadata Under Existing Law.--Subparagraph (A) of subsection (a)(1)
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
(d) Limitation on Searches of Telephone Metadata Acquired Under
Existing Law.--
(1) In general.--Subject to paragraphs (2) and (3), no
person may conduct a search of call data records acquired
pursuant to an order under section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as in
effect on the day before the effective date described in
subsection (c).
(2) Exception.--
(A) Application.--The Director of the Federal
Bureau of Investigation may make an application to a
judge of the court established by section 103(a) (50
U.S.C. 1803(a)) of such Act to conduct a search of call
data records described in paragraph (1). Such
application shall include a statement of facts showing
that there is a reasonable suspicion, based on specific
and articulable facts, that the call data record to be
used as the basis for the search is associated with a
specific foreign terrorist organization, a specific
clandestine intelligence activity, or specific foreign
intelligence not concerning a United States person.
(B) Review of application.--Upon an application
made pursuant to subparagraph (A), if the judge finds
that the application meets the requirements of such
subparagraph, the judge shall enter an ex parte order
as requested, or as modified, approving the
application.
(C) Presumption.--In reviewing an application under
subparagraph (B), a judge shall consider a call data
record presumptively associated with a specific foreign
terrorist organization, a specific clandestine
intelligence activity, or specific foreign intelligence
not concerning a United States person if the applicant
shows in the statement of the facts that such call data
record pertains to--
(i) a foreign power or an agent of a
foreign power;
(ii) the activities of a suspected agent of
a foreign power who is the subject of such
authorized investigation; or
(iii) an individual in contact with, or
known to, a suspected agent of a foreign power
who is the subject of such authorized
investigation.
(3) Expiration of exception.--Paragraph (2) shall not apply
after the effective date described in subsection (c).
(4) Call data record defined.--In this subsection, the term
``call data record'' has the meaning given the term in section
504 of the Foreign Intelligence Surveillance Act of 1978, as
added by subsection (a) of this section.
(e) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to--
(1) require a telecommunications carrier (as defined in
section 502(f) of the Foreign Intelligence Surveillance Act of
1978, as added by subsection (a)) to maintain call data records
(as defined in section 504 of such Act, as added by subsection
(a)) for any specific period of time; or
(2) authorize the collection or retention of the content of
any telephone call. | Telephone Metadata Reform Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude call data records from the categories of tangible things (commonly referred to as "business records") that the Federal Bureau of Investigation (FBI) may seek in an application to a FISA court for a production order under the current standard requiring reasonable grounds to believe that the things sought are relevant to an authorized investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. Sets forth a separate framework for call data production orders that authorizes the FBI to apply for an order directing a telecommunications carrier to search call data records, using a call data record as the basis of such search, and to produce the search results within 12 hours if the application: (1) specifies each telecommunications carrier that the applicant requests be directed to produce call data records; and (2) includes facts showing a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, clandestine intelligence activity, or foreign intelligence not concerning a U.S. person. Authorizes the FBI, without a court order, to direct a telecommunications carrier to search call data records and produce results within 6 hours (such an FBI directive is referred to as an "emergency directive") if: (1) the records sought are required due to exigent circumstances and obtaining an order would substantially delay an investigation, (2) a FISA judge is notified within 24 hours, and (3) an application for a FISA court order is made within five days after the FBI exercises such authority. Requires, if the court denies an application for an order requiring the production of the call data records acquired under such an FBI emergency directive, or if the directive is terminated and an order is not issued to approve the production, that: (1) the call data records be destroyed, including records obtained from a subsequent search based on the initial search; (2) no information obtained or evidence derived from the search be received in evidence or disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision; and (3) no information concerning a U.S. person be used or disclosed by federal officers or employees without the consent of such person. Permits the FBI to require a telecommunications carrier to: (1) conduct a subsequent search using the results of an initial search conducted pursuant to an order or an emergency directive, and (2) produce the results within 12 hours. Prohibits a person from disclosing that the FBI has sought or obtained call data records pursuant to an order or directive. Prohibits the federal government from retaining for more than five years call data records obtained pursuant to an order, directive, or subsequent authorized search if such records contain call records pertaining to a U.S. person: (1) unless, upon application to a FISA judge, the judge finds probable cause that such records are evidence of a crime (that has been, is being, or is about to be committed) and contain information to be retained or disseminated for law enforcement purposes; or (2) except to the extent any portion of such records is lawfully used in a finished intelligence product. Requires the government to compensate telecommunications carriers for providing call data records. | {"src": "billsum_train", "title": "Telephone Metadata Reform Act"} | 3,664 | 792 | 0.667987 | 2.184174 | 0.770994 | 4.141176 | 4.925 | 0.894118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients First Act of 2011''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions;
(2) promote research and human clinical trials using stem
cells that are ethically obtained and show evidence of
providing clinical benefit for human patients; and
(3) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo.
SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY.
(a) Authorization.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I
the following:
``SEC. 409K. HUMAN STEM CELL RESEARCH AND THERAPY.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, testing, and human clinical use of stem cells
that may result in improved understanding of or treatments for diseases
and other adverse health conditions, including pluripotent stem cells
that have the flexibility of embryonic stem cells (whether or not such
pluripotent stem cells have an embryonic source), prioritizing research
with the greatest potential for near-term clinical benefit in human
patients, provided that such isolation, derivation, production,
testing, or use will not involve--
``(1) the creation of a human embryo for research purposes;
``(2) the destruction of or discarding of, or risk of
injury to, a living human embryo; or
``(3) the use of any stem cell, the derivation or provision
of which would be inconsistent with the standards established
in paragraph (1) or (2).
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines implementing subsection
(a) to ensure that any research (including any clinical trial)
supported under subsection (a)--
``(1) is clearly consistent with the standards established
in subsection (a) if conducted using human cells, as
demonstrated by animal trials or other substantial evidence;
and
``(2) is prioritized in terms of potential for near-term
clinical benefit in human patients, as indicated by substantial
evidence from basic research or by substantial clinical
evidence which may include but is not limited to--
``(A) evidence of improvement in one or more human
patients suffering from illness or injury, as
documented in reports by professional medical or
scientific associations or in peer-reviewed medical or
scientific literature; or
``(B) approval for use in human trials by the Food
and Drug Administration.
``(c) Definitions.--In this section:
``(1) Human embryo.--The term `human embryo' includes any
organism, not protected as a human subject under part 46 of
title 45, Code of Federal Regulations, as of the date of the
enactment of this section, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
``(2) Risk of injury.--The term `risk of injury' means
subjecting a human embryo to risk of injury or death greater
than that allowed for research on fetuses in utero under
section 46.204(b) of title 45, Code of Federal Regulations (or
any successor regulation), or section 498(b) of this Act.''.
(b) Priority Setting; Reports.--Section 492 of the Public Health
Service Act (42 U.S.C. 289a) is amended by adding at the end the
following:
``(d)(1) With respect to human stem cell research, the Secretary,
acting through the Director of NIH, shall give priority to conducting
or supporting research in accordance with section 409K.
``(2) At the end of fiscal year 2012 and each subsequent fiscal
year, the Secretary shall submit to the Congress a report outlining the
number of research proposals under section 409K that were peer
reviewed, a summary and detailed list of all such research proposals
that were not funded, and an explanation of why the proposals did not
merit funding. The reports under this paragraph shall be in addition to
the reporting on stem cell research included in the biennial report
required by section 403.''.
(c) Biennial Reports.--Section 403(a)(5) of the Public Health
Service Act (42 U.S.C. 283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Stem cells.''. | Patients First Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act.
Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients.
Requires the Secretary to report on peer reviewed stem cell research proposals that were not funded. | {"src": "billsum_train", "title": "To intensify stem cell research showing evidence of substantial clinical benefit to patients, and for other purposes."} | 1,105 | 257 | 0.780555 | 2.337883 | 0.919025 | 7.082645 | 4.157025 | 0.975207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Accountability and
Improvement Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Historically, courts in the United States have
recognized the undeniable differences between adult and youth
offenders.
(2) While writing for the majority in Roper v. Simmons (125
S. Ct. 1183), a recent Supreme Court decision abolishing use of
the death penalty for juveniles, Justice Kennedy declared such
differences to be ``marked and well understood''.
(3) Notwithstanding such edicts, many youth are being
sentenced in a manner that has typically been reserved for
adults. These sentences include a term of imprisonment of life
without the possibility of parole.
(4) The decision to sentence youthful offenders to life
without parole is an issue of growing national concern.
(5) While there are no youth serving such sentences in the
rest of the world, research indicates that there are over 2,500
youth offenders serving life without parole in the United
States.
(6) The estimated rate at which the sentence of life
without parole is imposed on children nationwide remains at
least 3 times higher today than it was 15 years ago.
(7) The majority of youth sentenced to life without parole
are first-time offenders.
(8) Sixteen percent of these individuals were age 15 or
younger when they committed their crimes.
SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD
OFFENDERS.
(a) In General.--
(1) Requirements.--For each fiscal year after the
expiration of the period specified in subsection (d)(1), each
State shall have in effect laws and policies under which each
child offender who is serving a life sentence receives, not
less than once during the first 15 years of incarceration, and
not less than once every 3 years of incarceration thereafter, a
meaningful opportunity for parole or other form of supervised
release. This provision shall in no way be construed to limit
the access of child offenders to other programs and appeals
which they were rightly due prior to the enactment of this Act.
(2) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall issue
guidelines and regulations to interpret and implement this
section.
(b) Definition.--In this section and section 4, the term ``child
offender who is serving a life sentence'' means an individual who--
(1) is convicted of one or more offenses committed before
the individual attained the age of 18; and
(2) is sentenced, for such an offense or offenses, to a
term of imprisonment of life, or of any number of years
exceeding 15 years, cumulatively.
(c) Applicability.--This section shall apply to individuals
sentenced before, on, or after the date of the enactment of this Act.
(d) Compliance and Consequences.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to be in
compliance with this section, except that the Attorney General
may grant a 2-year extension to a State that is making a good
faith effort to comply with this section.
(2) Consequence of noncompliance.--For any fiscal year
after the expiration of the period specified in paragraph (1),
a State that fails to be in compliance with this section shall
not receive 10 percent of the funds that would otherwise be
allocated for that fiscal year to that State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial Justice Assistance Grant Program or
otherwise.
(3) Reallocation.--Amounts not allocated under a program
referred to in paragraph (2) to a State for failure to be in
compliance with this section shall be reallocated under that
program to States that are in compliance with this section.
SEC. 4. NOTICE TO VICTIMS.
Each State that has in effect laws and policies in accordance with
the requirements of section 3 shall, not later than 1 year after the
date of compliance with such section--
(1) provide notice to the public of such laws and policies,
which shall include--
(A) a description of the opportunities for parole
or supervised release available to child offenders who
are serving a life sentence, and how those
opportunities differ from the laws and policies in
effect before compliance with section 3; and
(B) the name and contact information of the office,
agency, or other entity that may be contacted for
additional information about such laws and policies,
including the application of such laws and policies to
a child offender who is serving a life sentence, by a
victim who was directly and proximately harmed as a
result of an offense described in section 3(b) that was
committed by such a child offender; and
(2) provide procedures whereby a victim who was directly
and proximately harmed as a result of an offense described in
section 3(b) that was committed by a child offender who is
serving a life sentence may, upon request, receive information
about the specific opportunities for parole or supervised
release to be provided to such child offender in accordance
with such laws and policies, including dates of parole or
supervised release hearings and notice of decisions granting or
denying parole or supervised release.
SEC. 5. ESTABLISHING A PARALLEL SYSTEM FOR CHILD OFFENDERS SERVING LIFE
SENTENCES AT THE FEDERAL LEVEL.
Section 3624 of title 18, United States Code, is amended--
(1) in subsection (a) by striking ``A prisoner'' and
inserting ``Except as otherwise provided by law, a prisoner'';
and
(2) by adding at the end the following:
``(g) Opportunity for Release for Child Offenders Serving a Life
Sentence.--Not later than 1 year after the date of the enactment of
this subsection, the Attorney General shall establish and implement a
system of opportunity for release that will apply to child offenders
who are serving a life sentence (as defined in section 3 of the
Juvenile Justice Accountability and Improvement Act of 2009) for
Federal offenses. The system shall conform as nearly as practicable to
the laws and policies required of a State under section 3(a) of such
Act and shall include provision for the same or similar notice to
victims as States are required to provide under section 4 of such Act.
The system shall be in addition to any other method of release that
might apply to such an offender.''.
SEC. 6. GRANTS TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING OR
SERVING LIFE IN PRISON.
(a) Grants Authorized.--The Attorney General shall, subject to the
availability of appropriations, award grants to States to improve the
quality of legal representation of certain child defendants and child
offenders by providing for competent legal representation for
individuals who--
(1) are charged with committing an offense, before the
individual attained the age of 18, that is subject to a
sentence that may include a term of imprisonment of life, or
the functional equivalent in years or more; or
(2) are convicted of an offense committed before the
individual attained the age of 18, and are sentenced to a term
of imprisonment of life, or the functional equivalent in years
or more, for that offense, and who seek appellate or collateral
relief, including review in the Supreme Court of the United
States.
(b) Legal Representation.--In this section, the term ``legal
representation'' means legal counsel and investigative, expert, and
other services necessary for competent representation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary. | Juvenile Justice Accountability and Improvement Act of 2009 - Requires states to: (1) enact laws and adopt policies to grant child offenders who are serving a life sentence a meaningful opportunity for parole or supervised release at least once during their first 15 years of incarceration and at least once every three years thereafter; and (2) provide notice of such laws and policies to the public and to victims of child offenders. Defines "child offender who is serving a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of imprisonment for life or a term exceeding 15 years.
Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison. | {"src": "billsum_train", "title": "To establish a meaningful opportunity for parole or similar release for child offenders sentenced to life in prison, and for other purposes."} | 1,758 | 214 | 0.593132 | 1.658694 | 0.915527 | 3.048387 | 8.55914 | 0.930108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street TARP Act of 2009''.
SEC. 2. HOUSING TRUST FUND.
(a) Use of TARP Funds.--Using the authority available under
sections 101(a) and 115(a) of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary
of the Treasury shall transfer to the Secretary of Housing and Urban
Development $1,000,000,000, and the Secretary of Housing and Urban
Development shall credit such amount to the Housing Trust Fund
established under section 1338 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use in
accordance with such section.
(b) Tenant Rent Contribution.--Subparagraph (A) of section
1338(c)(7) of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended by inserting
before the semicolon the following: ``; and except that all rental
housing dwelling units shall be subject to legally binding commitments
that ensure that the contribution toward rent by a family residing in a
dwelling unit shall not exceed 30 percent of the adjusted income of
such family''.
SEC. 3. EMERGENCY MORTGAGE RELIEF.
(a) Use of TARP Funds.--Using the authority available under
sections 101(a) and 115(a) of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary
of the Treasury shall transfer to the Secretary of Housing and Urban
Development $2,000,000,000, and the Secretary of Housing and Urban
Development shall credit such amount to the Emergency Homeowners'
Relief Fund, which such Secretary shall establish pursuant to section
107 of the Emergency Housing Act of 1975 (12 U.S.C. 2706), as such Act
is amended by this section, for use for emergency mortgage assistance
in accordance with title I of such Act.
(b) Reauthorization of Emergency Mortgage Relief Program.--Title I
of the Emergency Housing Act of 1975 is amended--
(1) in section 103 (12 U.S.C. 2702)--
(A) in paragraph (2)--
(i) by striking ``have indicated'' and all
that follows through ``regulation of the
holder'' and insert ``have certified'';
(ii) by striking ``(such as the volume of
delinquent loans in its portfolio)''; and
(iii) by striking ``, except that such
statement'' and all that follows through
``purposes of this title''; and
(B) in paragraph (4), by inserting ``or medical
conditions'' after ``adverse economic conditions'';
(2) in section 104 (12 U.S.C. 2703)--
(A) in subsection (b), by striking ``the lesser of
$250 per month or''; and
(B) in subsection (d), by inserting before the
period at the end the following: ``, except that such
interest rate may exceed such maximum rate but only as
necessary to comply with rules under a program operated
by a State that otherwise complies with program rules
under this title'';
(3) in section 105 (12 U.S.C. 2704)--
(A) by striking subsection (b);
(B) in subsection (e)--
(i) by inserting ``and emergency mortgage
relief payments made under section 106'' after
``insured under this section''; and
(ii) by striking ``$1,500,000,000 at any
one time'' and inserting ``$2,000,000,000'';
(C) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(D) by adding at the end the following new
subsection:
``(e) The Secretary shall establish underwriting guidelines or
procedures to allocate amounts made available for loans and advances
insured under this section and for emergency relief payments made under
section 106 based on the likelihood that a mortgagor will be able to
resume mortgage payments, pursuant to the requirement under section
103(5).'';
(4) in section 107--
(A) by striking ``(a)''; and
(B) by striking subsection (b);
(5) in section 108 (12 U.S.C. 2707), by adding at the end
the following new subsection:
``(d) The Secretary may allow funds to be administered by a State
through an existing program that complies with program rules under this
title.'';
(6) in section 109 (12 U.S.C. 2708)--
(A) in the section heading, by striking
``authorization and'';
(B) by striking subsection (a);
(C) by striking ``(b)''; and
(D) by striking ``1977'' and inserting ``2011'';
(7) by striking sections 110, 111, and 113 (12 U.S.C. 2709,
2710, 2712); and
(8) by redesignating section 112 (12 U.S.C. 2711) as
section 110.
SEC. 4. REDUCING TARP AUTHORIZATION LIMIT TO OFFSET COSTS.
Paragraph (3) of section 115(a) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5225) is amended by striking
``$1,259,000,000'' and inserting ``2,259,000,000''. | Main Street TARP Act of 2009 - Directs the Secretary of the Treasury, using authority to purchase troubled assets under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 (EESA), to transfer $1 billion to the Secretary of Housing and Urban Development (HUD) for the Secretary to credit to the Housing Trust Fund.
Revises requirements for the use of allocations to states from the Housing Trust Fund for low-income rental housing. Requires that all rental housing dwelling units be subject to legally binding commitments that ensure that the contribution toward rent by a resident family shall not exceed 30% of the family's adjusted income.
Requires the HUD Secretary to credit certain amounts from the Housing Trust Fund to the Emergency Homeowners' Relief Fund (which the Secretary shall establish under the Emergency Housing Act of 1975) for emergency mortgage assistance.
Amends the Emergency Housing Act of 1975 to: (1) increase the maximum aggregate amount of insured emergency mortgage loans and advances; and (2) extend through FY2011 the program for insured loans and emergency mortgage relief payments made under the Act.
Amends EESA to reduce the TARP authorization limit in order to offset the costs of loans, advances, insurance, and appropriations authorized under this Act. | {"src": "billsum_train", "title": "To use amounts made available under the Troubled Assets Relief Program of the Secretary of the Treasury for relief for homeowners and affordable rental housing."} | 1,273 | 270 | 0.571955 | 1.677866 | 0.811769 | 2.753086 | 4.522634 | 0.851852 |
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